244) Although the court did not establish any bright-line rule about how well supported a consent decree must be, it stated that district courts should generally be satisfied by the averments
of the SEC, and that here the district court had a "sufficient" record on which to approve the consent decree.
of a suspect's "inside knowledge" of a
of fraud or mistake must be stated with particularity
The DR, relying on the averments
of parawise comments added that the
With regard to the allegations against the Sundar Raman, the apex court said: "It cannot go unprobed and directed its newlyappointed committee to further investigate the averments
against him, saying truth must be brought to light".
by the possibility that the averments
[in a complaint] might fail to state a cause of action on which petitioners could actually recover.
In consequence, the Duke's averments
on this point should be treated as admitted.
The affidavit has been filed in compliance of the order of the apex court which had on September 8 directed him to respond to the averments
made against him, holding that they were 'serious' in nature.
The respondent dissatisfied with the reply and the averments
made before him passed the Impugned Order and imposed penalty of Rs.
393, 568 (1856) ("When, therefore, as in this case, the necessary averments
as to citizenship are made on the record, and jurisdiction is assumed to exist, and the defendant comes by a plea to the jurisdiction to displace that presumption, he occupies, in my judgment, precisely the position described in [cited case].
163, 168 (1993) (reasoning that since Rule 9(b) only imposes heightened pleading in averments
of fraud and mistake, the expressio unius est exclusio alterius canon indicates that such heightened pleading does not extend to any other pleadings).
42) He noted, "The Court is to accept all averments
of jurisdictional facts as true, and construe the pleadings and affidavits in plaintiffs' favor," and that he "must .
Providing knowledge that the issue exists, not precisely how the issue is implicated under the facts of a given case, is the purpose of requiring averments
of affirmative defenses.
151) The affidavits and testimony offered by the plaintiffs in FOE, in contrast to that presented to the Court in Lujan, provided more than "mere general averments
and conclusory allegations.
There are no averments
bringing him within the common law forfeiture rule.