Court : US Supreme Court
..... proportioned to the geographic spread of population is so universally accepted as a necessary element of equality between man and man that it must be taken to be the standard of a political equality preserved by the fourteenth amendment -- that it is, in appellants' words "the basic principle of representative government ..... of governments ever can be lawfully authorized to dispense with the laws, like some of the tyrannical stuarts, or to repeal, or abolish, or suspend the whole body of them; or, in other words, appoint an unrestrained military dictator ..... represented in a representative legislature have been fought out or compromised -- considerations of geography, demography, electoral convenience, economic and social cohesions or divergencies among particular local groups, communications, the practical effects of political institutions like the lobby and the city machine, ancient traditions and ties of settled usage, respect for proven incumbents of long experience and senior status, mathematical mechanics, censuses compiling relevant ..... . [ footnote 4/40 ] in the wake of the act, there remained substantial electoral inequality: the boroughs of cornwall were represented sixteen times as weightily, judged by population, as the county's eastern division; the average ratio of seats to population in ten agricultural counties was four and a half times that in ten manufacturing divisions; honiton, with about ..... commons (redistribution of seats) act, 1958, [ footnote 4/57 ] ..... 1904 .....
Tag this Judgment!Court : Supreme Court of India
..... scc481]. that the essence of secularism in india is the recognition and preservation of the different types of people, with diverse languages and different beliefs and articles 29 and 30 seek to preserve such differences and at the same time unite the people of india to form one strong nation (see para 161 of the majority ..... ground. (5) for the removal of doubts, it is hereby declared that there shall be no limitation whatever on the constituent power of parliament to amend by way of addition, variation or repeal the provisions of this constitution under this article 12 amendment to article 31c which sought to immunize all laws which declared that they were made to advance all or any of the ..... . the impact of this decision had been that all the acts and regulations that were included under ninth schedule to the constitution prior to the kesavananda decision were to remain valid while further amendments to the schedule could be challenged on the grounds of violation of ..... n.m. thomas arose in the context of constitutionality of the rules contained in the kerala state and subordinate services rules, 1958, by which the state government was empowered to grant exemption to sc/st candidates from ..... is found incorporated in the rigveda, the most ancient of the vedas, and also in the atharvaveda ..... v. may, 194 us267(1904), 269, that legislation should not be disturbed by the court unless it can clearly see that there is no fair reason for the law which would not require with equal .....
Tag this Judgment!Court : International Court of Justice ICJ
..... act 1852 (india), the light dues act 1854 (india) which replaced that of 1852, the light-houses ordinance 1912 (straits settlements) which repealed the 1854 act and an amendment to it, the light dues ordinance 1957 (singapore) establishing the singapore light dues board and the light dues repeal act 1973 which transferred the assets, liabilities and employees of the board to the port of singapore authority and repealed ..... et le gouverneur des etablissements des d troits, que ledit maharadjah pourrait conc der au gouvernement des etablissements des d troits un terrain sur l le de pulau pisang dans le d troit de malacca comme site pour y construire un phare et une route reliant celui-ci la plage et que le gouvernement se chargerait de leur construction et de leur entretien effectif, tant entendu que cette concession sera consid r e comme ..... branca/pulau batu puteh as far as the ancient original title held by the sultan of johor was concerned, and since the particular circumstances which have come to effect the passing of title to pedra branca/pulau batu puteh to singapore do not apply to this maritime feature, original title to middle rocks should remain with malaysia as the successor to the sultan ..... the levying of harbour and anchorage duties and the british mercantile community, with the company, attached importance to the preservation of the perfect freedom ..... sous le contr le du gouvernement de la f d ration de malaya en 1958, par suite de lind pendance de la malaya proclam e lann e pr .....
Tag this Judgment!Court : US Supreme Court
..... "neutrality" of which this court's cases speak thus stems from a recognition of the teachings of history that powerful sects or groups might bring about a fusion of governmental and religious functions or a concert or dependency of one upon the other to the end that official support of the state or federal government would be placed behind the tenets ..... not question the judgment of experienced educators that the challenged practices may well achieve valuable secular ends, it seems to me that the state acts unconstitutionally if it either sets about to attain even indirectly religious ends by religious means, or if it uses religious means to serve secular ..... , 131, 133-134; beth, the american theory of church and state (1958), 74; kinney, church and state, the struggle for separation in new hampshire, 1630-1900 ( ..... the choice which is thus preserved is between a public secular education, with its uniquely democratic values, and some form of private or ..... at the public schools has never been compulsory; parents remain morally and constitutionally free to choose the academic environment in which ..... what is noteworthy about the panoply of state and local regulations from which these cases emerge is the relative recency of the statutory codification of practices which have ancient roots, and the rather small number of states which have ..... footnote 3/42 ]" the board repealed at the same time an earlier regulation which had required the singing of hymns and psalms to accompany the bible ..... 1904 ..... 1904 .....
Tag this Judgment!Court : US Supreme Court
..... charged, a defendant in a criminal case who intends to offer evidence of an alibi in his defense shall, not less than ten days before trial or such other time as the court may direct, file and serve upon such prosecuting attorney a notice in writing of his intention to claim such alibi, which notice shall contain specific information as to the place at which the defendant claims to have been at the ..... a second letter by madison on september 23, 1789, the senate remained opposed to the vicinage requirement, partly because, in its view, the then-pending judiciary bill -- which was debated at the same time as the amendment -- adequately preserved the common law vicinage feature, making it unnecessary to freeze that ..... that simple reference to a jury in article iii was not necessarily thought to mean to the framers a common law jury in light of the need felt to add the amendments and madison's more elaborate proposal for the sixth amendment; and, (2) that the allusion to "common law" in the seventh amendment suggests that it is not the backdrop for the sixth amendment jury -- are too remote to require ..... discussing the ancient scandinavian tribunals, comments: "twelve was not only the common number throughout europe, but was the favorite number in every branch of the polity and jurisprudence of ..... 134-138, 375-382 (1958); scott, trial by jury and the reform of civil procedure ..... n 25, at 31-33, 93; warren, new light on the history of the federal judiciary act of 1789, 37 harv.l.rev. ..... 1904 ..... 1904 .....
Tag this Judgment!Court : US Supreme Court
..... shortly after the public announcement of this agreement, a bill was introduced in congress designed to abrogate it, and, about three months later, this bill was enacted as the presidential recordings and materials preservation act (act), and was signed into law by president ford. ..... for substantially the reasons stated by the court, i agree that the presidential recordings and materials preservation act (act), on its face, does not violate appellant's rights under the first, fourth, and fifth amendments and the bill of attainder clause. ..... 8 (1974); hearing on gsa regulations implementing presidential recordings and materials preservation act before the senate committee on government operations, 94th cong. ..... v), the presidential recordings and materials preservation act (hereafter act), directs the administrator of general services, an official of the executive branch, to take custody of the presidential papers and tape recordings of appellant, former president richard m ..... 478 in and expansive authority to act in preservation of monuments and records of historical value to our national heritage are fully established ..... title i did not purport to repeal the presidential libraries act; that statute remains in effect, available to present and future presidents, and has already been availed of by former president ford ..... 462 (1958), the court said: "this court has recognized the vital relationship between freedom to associate and privacy in one's associations ..... 400 -401 (1904) (dissenting opinion) .....
Tag this Judgment!Court : Kerala
..... act, 1894 is an act which fell exclusively under list iii entry 42 and enacted for the purpose of acquisition of land needed for public purposes for companies and for determining the amount of compensation to be made on account of such acquisition, which is substantially and materially different from the impugned act whose dominant purpose is to preserve and ..... purposes of agriculture or for purposes ancillary thereto, including waste land, forest land, land for pasture or sites of buildings and other structures occupied by cultivators of land, agricultural labourers and village artisans;] (b) the expression "rights", in relation to an estate, shall include any rights vesting ..... would remain binding and operative and in the absence of such a legislative exercise by a competent legislature the attempt to upset the binding effect of such judgments rendered against the parties would remain an incompetent and ..... the repeal of articles 19(1)(f) and 31(2) could have repercussions on other fundamental rights or other provisions which are to be regarded as part of the basic structure ..... logical and inevitable consequence of the introduction of the proviso in section 3 with retrospective effect would be to read the proviso as if it were part of the section at the date when the delhi rent control act, 1958 was enacted and the legal fiction created by the retrospective operation must be carried to its logical extent and all the consequences ..... land and animals had gained important positions in the .....
Tag this Judgment!Court : US Supreme Court
..... or quasi-public offices; military service; posts of honor; legal authorships; legal teaching positions; memberships, offices, committee assignments, and section memberships in bar associations; memberships and offices in legal fraternities and legal societies; technical and professional licenses; memberships in scientific, technical and professional associations and societies; foreign language ability; names and addresses of references, and, with their consent, names of clients regularly represented; whether credit cards or other credit arrangements are accepted; office ..... is not a fancied conceit, but a cherished tradition, the preservation of which is essential to the lawyer's reverence for his calling ..... permitted by the supreme court's rule 37, then sought review in the supreme court of arizona, arguing, among other things, that the disciplinary rule violated 1 and 2 of the sherman act because of its tendency to limit competition, and that the rule infringed their first amendment rights. ..... need not resolve the problems associated with in-person solicitation of clients at the hospital room or the accident site, or in any other situation that breeds undue influence -- by attorneys or their agents or "runners. ..... recognize that many of the problems in defining the boundary between deceptive and nondeceptive advertising remain to be resolved, and we expect that the bar will have a special role to play in assuring that advertising by attorneys flows both freely and cleanly. ..... (1958). ..... 1904) .....
Tag this Judgment!Court : Karnataka
..... (v) is affixed to or exhibited on any ancient and historical monument declared to be of national importance under the ancient monuments and archaeological sites and remains act, 1958 (central act xxiv of 1958). ..... principles of law enunciated by this court in a series of decisions relating to the exercise of the extraordinary power under article 226 or the inherent powers under section 482 of the code which we have extracted and reproduced above, we give the following categories of cases by way of illustration wherein such power could be exercised either to prevent abuse of the process of any court or otherwise to secure the ends of justice, though it may not be possible to ..... wild life (protection) act, 1972, the director of wildlife preservation or any other officer authorised by him in this behalf or the chief wildlife warden or the authorised officer or any forest officer or any police officer not below the rank of sub inspector are empowered to enter into any place where the wildlife materials are suspected to be kept, conduct search for such wildlife materials and seize the same, arrest and detain the accused or the ..... the complaint has to be filed primarily by the director of wildlife preservation or by any officer authorised by the central government or by the chief wildlife warden or by any other officer authorised by the state government. .....
Tag this Judgment!Court : Karnataka
..... (v) is affixed to or exhibited on any ancient and historical monument declared to be of national importance under the ancient monuments and archaeological sites and remains act, 1958 (central act xxiv of 1958). ..... principles of law enunciated by this court in a series of decisions relating to the exercise of the extraordinary power under article 226 or the inherent powers under section 482 of the code which we have extracted and reproduced above, we give the following categories of cases by way of illustration wherein such power could be exercised either to prevent abuse of the process of any court or otherwise to secure the ends of justice, though it may not be possible to ..... wild life (protection) act, 1972, the director of wildlife preservation or any other officer authorised by him in this behalf or the chief wildlife warden or the authorised officer or any forest officer or any police officer not below the rank of sub inspector are empowered to enter into any place where the wildlife materials are suspected to be kept, conduct search for such wildlife materials and seize the same, arrest and detain the accused or the ..... the complaint has to be filed primarily by the director of wildlife preservation or by any officer authorised by the central government or by the chief wildlife warden or by any other officer authorised by the state government. .....
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