Judgment Search Results Home > Cases Phrase: anti apartheid united nation convention act 1981 section 5 place of trial Page 5 of about 540 results (0.152 seconds)

R Vs. Briggs-price (Appellant) (on Appeal from the Court of Appeal (Cr ...

Court : House of Lords

..... on this appeal is: in determining the value of a defendants proceeds of drug trafficking under section 4 of the drug trafficking act 1994, is it compatible with article 6(2) of the european convention on human rights to take into account drug trafficking that the judge has found proved to the criminal standard on the evidence given at the defendants trial, in circumstances where (a) such conduct was not itself the subject of a charge against the defendant ..... 132. some of your lordships take the view that, where the statutory assumptions are not deployed, then the prosecution must prove any relevant drug trafficking on which reliance is placed (other than that consisting in the offences of which the defendant has been convicted) to the criminal standard (although, if i have understood correctly, any benefit resulting from such trafficking ..... judgment shall be pronounced publicly but the press and public may be excluded from all or part of the trial in the interests of morals, public order or national security in a democratic society, where the interests of juveniles or the protection of the private life of the parties so require, or to the extent strictly necessary in the opinion of the court ..... benefit. (3) the strasbourg case-law also shows the european court of human rights taking a similar approach to the united kingdom courts in this regard, without drawing any distinction between cases of confiscation orders based on direct proof of the benefit made and proceeds received and .....

Fletcher Vs. Peck

Court : US Supreme Court

..... therein specified be thereafter taken and received as the boundaries between the said states of south carolina and georgia; which motion was by the unanimous vote of congress committed, and the same convention was thereupon entered of record on the journals of congress; and on the same day, john kean and daniel huger, by virtue of authority given to them by the legislature of said ..... february, one thousand seven hundred and eighty-eight, and legislature of said state of georgia, then duly convened, passed an act for ceding part of the territorial claims of said state to the united states, by which act the state of georgia authorized her delegates in congress to convey to the united states the territorial claims of said state of georgia to a certain tract of country bounded as follows, to-wit: beginning at ..... property, possession, and all rights acquired by treaties or otherwise, which the catholic king and the crown of spain had till then over the said countries, lands, places, and their inhabitants; so that the catholic king did cede and make over the whole to the said king and said crown of great britain, and that in ..... state, did form, declare, ratify, and confirm such constitution, in the words following: [here was inserted the whole constitution, the sixteenth section of which declares that the general assembly hall have power to make all laws and ordinances page 10 u. s. ..... technical idea of a fee simple to the interests of a nation, but i must consider an absolute right of soil as .....

Dennis Vs. United States

Court : US Supreme Court

..... any unlawful combinations therein, for opposing or resisting any law of the united states, or any act of the president of the united states, done in pursuance of any such law, or of the powers in him vested by the constitution of the united states, or to resist, oppose, or defeat any such law or act, or to aid, encourage or abet any hostile designs of any foreign nation against the united states, their people or government, then such person, being thereof convicted ..... 20, 1948, agreed to bring about the dissolution of a body known as the communist political association and to organize in its place the communist party of the united states; that the aim of the new party was "the overthrow and destruction of the government of the united states by force and violence"; that the defendants were to assume leadership of the party and to recruit members for it and that ..... in this case which precluded consideration here of at least two other reasons for reversing these convictions: (1) the record shows a discriminatory selection of the jury panel which prevented trial before a representative cross-section of the community; (2) the record shows that one member of the trial jury was violently hostile to petitioners before and during the trial. ..... 567 ii the foregoing is enough to indicate that,.either by accident or design, the communist stratagem outwits the anti-anarchist pattern of statute aimed against "overthrow by force and violence" if qualified by the doctrine that only "clear and present .....

United States Vs. Alaska

Court : US Supreme Court

..... the court appears to have accepted the general view that at least three factors are significant in the determination of historic bay status: (1) the claiming nation must have exercised authority over the area; (2) that exercise must have been continuous; and (3) foreign states must have acquiesced in the exercise of ..... (b) nor was the enforcement of fishing and wildlife regulations under various federal statutes and an executive order during the period of united states sovereignty over the territory of alaska sufficient in scope to establish historic title to cook inlet as inland waters, especially where it appears that the geographic scope of such enforcement efforts was determined primarily, if ..... the delegates generally agreed that the line used by the united states for enforcing fishing regulations under the white act and related statutes would be used to delimit "offshore waters" for purposes of the joint ..... 167 (1965), the court concluded that the definitions provided in the convention on the territorial sea and the contiguous zone, [1964] 2 ..... [ footnote 3 ] section 6(m) of the alaska statehood act of july 7, 1958, provides that the submerged lands act "shall be applicable to the state of alaska and the said state shall have the same rights as do ..... one scholar notes: "thus, the placing of lights or beacons may sometimes appear to be an act of sovereignty, while, in other circumstances, it may have ..... preparation of the line, what criteria did you use for placing the line on the chart? .....

Carter Vs. Carter Coal Co.

Court : US Supreme Court

..... comparable kind, quality, and size of coals in the locality where the same is produced: provided further, that any such coal producer who has filed with the national bituminous coal commission his acceptance of the code provided for in section 4 of this act, and who acts in compliance with the provisions of such code, shall be entitled to a drawback in the form of a credit upon the amount of such tax payable hereunder, equivalent ..... by the commission or labor board in a proceeding to which such person is a party may obtain a review of such order in the circuit court of appeals of the united states, within any circuit wherein such person resides or has his principal place of business, or in the united states court of appeals for the district of columbia, by filing in such court, within sixty days after the entry of such order, a written petition praying that the order ..... the determination of the framers convention and the ratifying conventions to preserve complete and unimpaired state self-government in all matters not committed to the national government is one of the plainest ..... to regulate that commerce, and the control of charges and the protection of fair competition in that commerce are familiar illustrations of the exercise of the power, as the interstate commerce act, the packers and stockyards act, and the anti-trust acts abundantly show. ..... the trial court found that the labor provisions of the act and code were unconstitutional, but that the price-fixing provisions were valid, .....

Steward Mach. Co. Vs. Collector

Court : US Supreme Court

..... with respect to which contributions are required;" "(3) all money received in the unemployment fund shall immediately upon such receipt be paid over to the secretary of the treasury to the credit of the unemployment trust fund established by section 904;" "(4) all money withdrawn from the unemployment trust fund by the state agency shall be used solely in the payment of compensation, exclusive of expenses of administration;" "(5) compensation shall not be denied in such state to any otherwise ..... and when the people of the several states had in their state conventions, and thus alone, given effect and force to the constitution, not content that any doubt should in future arise as to the scope and character of this act, they ingrafted thereon the explicit declaration that" "the powers not delegated to the united states by the constitution nor prohibited by it to the states are reserved to the states respectively or to the people ..... 607 "in the same spirit, president jefferson invokes" "the support of the state governments in all their rights as the most competent administrations for our domestic concerns and the surest bulwarks against anti-republican tendencies," "and president jackson said that our true strength and wisdom are not promoted by invasions of the rights and powers of the several states, but that, on the contrary, they consist 'not ..... nearly as much reason, one might say that a state abdicates its functions when it places the state moneys on deposit in a national bank. .....

St. MartIn Lutheran Church Vs. South Dakota

Court : US Supreme Court

..... so far as pertinent to this case, that exemption was set forth in a new 3309(b), which then provided: "this section shall not apply to service performed -- " "(1) in the employ of (a) a church or convention or association of churches, or (b) an organization which is operated primarily for religious purposes and which is operated, supervised, controlled, or principally supported by a church or convention or association of churches;" "(2) by a duly ordained, commissioned, or licensed minister of a church in the exercise of his ministry or by a member of a religious order in the exercise of duties required ..... whether congress believed that the figure 242,000 was an estimate of the number of additional teachers that would be covered by the act as a result of the repeal of 3309(b)(3), or an estimate of the number of additional employees that would be so covered, the estimate would have had meaning only if at least some parochial school employees were represented among the ..... " [ footnote 19 ] the united states also relies on congress' expressed intention to cover "substantially all of the nation's wage and salary earners," h.r. ..... 14 ] congress knew how to limit expressly an exemption to the place of employment or the type of work performed. ..... 274 s.e.2d 370 (1981); grace lutheran church ..... march 3, 1981 decided may 26, 1981 451 u.s. ..... a.2d 34 (1981); begley v. ..... 1 (1981) (newly enacted, more precise exemption held to prevail over earlier, more general exemption on the basis of detailed evidence of .....

Liverpool and London S.P. and I Asson. Ltd. Vs. M.V. Sea Success I and ...

Court : Supreme Court of India

Reported in : JT2003(9)SC218; 2003(10)SCALE1; (2004)9SCC512

..... article 1 of the convention contemplates an expansion of existing categories of arrest able claims under the following headings, some of which, namely, heading (c) and (d) are already reflected in section 20(2) of the supreme court act, 1981:(a) this refers to 'loss or damage caused by the operation of the ship' rather than ' ..... referring to the changing scenario of the law having regard to the declaration on the right to development adopted by the world conference on human rights and article 18 of the united nations covenant on civil and political rights, 1966, it was held:'it is trite that having regard to article 13(1) of the constitution, the constitutionality of the impugned legislation is required to be considered ..... controverting the allegations made against him; examination of witness in support of the recrimination submitted by the appellant against the second respondent; and a large number of visits by the appellant from distant places like delhi and bombay to ranchi resulting in not only heavy expenses and loss of time and diversion of the appellant from his public duty in the various fields of activity including those in ..... an analysis of the observations of the chief justice would reveal that the following tests were laid down by him in order to decide whether or not an order passed by the trial judge would be a judgment : (1) a decision which affects the merits of the question between the parties; (2) by determining some right or liability; (3) the order determining the .....

United States Vs. Trans-Missouri Freight Ass'n

Court : US Supreme Court

..... who shall monopolize, or attempt to monopolize, or combine or conspire with any other person or persons, to monopolize any part of the trade or commerce among the several states, or with foreign nations, shall be deemed guilty of a misdemeanor and, on conviction thereof, shall be punished by fine not exceeding five thousand dollars, or by imprisonment not exceeding one year, or by both said ..... such agreements were treated in the beginning has relaxed more and more by exceptions and qualifications, and a gradual change has taken place, brought about by the growth of industrial activities and the enlargement of commercial facilities which tend to render such agreements less dangerous ..... or pursuant to any conspiracy (and being the subject thereof) mentioned in section one of this act, and being in the course of transportation from one state to another, or to a foreign country, shall be forfeited to the united states, and may be seized and condemned by like proceedings as those provided by law for the forfeiture, seizure and condemnation of property imported into the united states contrary to law. ..... deciding the case on its merits, as, where parties have entered into an illegal agreement and are acting under it, and there is no adequate remedy at law, and the jurisdiction of the court has attached by the filing of a bill to restrain such or like action under a similar agreement, and a trial has been had and judgment entered, the appellate jurisdiction of this court is not ousted by a .....

Ray Vs. Blair

Court : US Supreme Court

..... for the candidates, it is not violative of the federal constitution for the party to require the candidates for the office of presidential elector to take a pledge to support the nominees of the party's national convention for president and vice-president or for the party's officers to refuse to certify as a candidate for presidential elector a person otherwise qualified who refuses to take such a pledge. pp. ..... as a candidate except that he refused to include the following quoted words in the pledge required of party candidates -- a pledge to aid and support "the nominees of the national convention of the democratic party for president and vice-president of the united states. ..... desirable, that the immediate election should be made by men most capable of analyzing the qualities adapted to the station, and acting under circumstances favorable to deliberation, and to a judicious combination of all the reasons and inducements which were proper to govern their ..... the south because, with the predominance of the democratic party in that section, the nomination was more important than the election. ..... one line under the designation 'electors of president and vice-president' and arranged in the alphabetical order of the surnames of the candidates for president, with the political designation of the party placed at the right of and in the same line with the surnames. ..... review, the right to a place on the primary ballot only ..... 235 proper place in a truly liberal ..... real election takes place in the .....