Court : US Supreme Court
..... the government and the dissent break 223(d)(1) into two separate "patently offensive" and "display" provisions, we follow the convention of both parties below, as well as the district court's order and opinion, in describing 223(d)(1) as one provision ..... viii in an attempt to curtail the cda's facial overbreadth, the government advances three additional arguments for sustaining the act's affirmative prohibitions: (1) that the cda is constitutional because it leaves open ample "alternative channels" of communication; (2) that the plain meaning of the cda's "knowledge" and "specific person" requirement significantly restricts its ..... immediately after the president signed the statute, 20 plaintiffs 27 filed suit against the attorney general of the united states and the department of justice challenging the constitutionality of 223(a)(1) and 223(d). ..... ("[w]here congress includes particular language in one section of a statute but omits it in another section of the same act, it is generally presumed that congress acts intentionally and purposely in the disparate inclusion and exclusion" (internal quotation marks omitted)). ..... are essentially questions of fact, and our nation is simply too big and too diverse for this court to reasonably expect that such standards could be articulated for all 50 states in a single formulation, even ..... host" computers-those that store information and relay communications-increased from about 300 in 1981 to approximately 9,400,000 by the time of the trial in 1996. .....
Tag this Judgment!Court : US Supreme Court
..... question presented is whether a moratorium on development imposed during the process of devising a comprehensive land-use plan constitutes a per se taking of property requiring compensation under the takings clause of the united states constitution.1 this case actually involves two moratoria ordered by respondent tahoe regional planning agency (trpa) to maintain the status quo while studying the impact of development on lake tahoe and designing a ..... , we might characterize the successive actions of trp a as a "series of rolling moratoria" that were the functional equivalent of a permanent taking.29 fifth, were it not for the findings of the district court that trp a acted diligently and in good faith, we might have concluded that the agency was stalling in order to avoid promulgating the environmental threshold carrying capacities and regional plan mandated by the 1980 compact. cf. ..... whichever is earlier"), the compact itself prohibited the development of new subdivisions, condominiums, and apartment buildings, and also prohibited each city and county in the basin from granting any more permits in 1981, 1982, or 1983 than had been granted in 1978.4 during this period trp a was also working on the development of a regional water quality plan to comply with the clean water ..... senate report: "only two other sizable lakes in the world are of comparable quality-crater lake in oregon, which is protected as part of the crater lake national park, and lake baikal in the [former] soviet union. .....
Tag this Judgment!Court : US Supreme Court
..... in all matters of religious sentiment, belief and worship, shall be guaranteed to every individual, and no one shall be molested or disturbed in person or property on account of religion; but the liberty of conscience hereby secured shall not be so construed as to excuse acts of licentiousness or justify practices inconsistent with the peace and safety of the state. ..... and the subject of religion is one in which both the united states and state constitutions embody distinct views in favor of free exercise, but opposed to establishment that find no counterpart with respect to other callings or professions. ..... even though the differently worded washington constitution draws a more stringent line than that drawn by the united states constitution, the interest it seeks to further is scarcely novel. ..... 618 (1978), we considered a tennessee statute that disqualified clergy from participation in the state constitutional convention. ..... joshua davey on writ of certiorari to the united states court of appeals for the ninth circuit [february 25, 2004] justice scalia, with whom justice thomas joins, dissenting ..... joshua davey on writ of certiorari to the united states court of appeals for the ninth circuit [february 25, 2004] chief justice rehnquist delivered the opinion of the court. ..... private institutions, including those religiously affiliated, qualify as eligible postsecondary institution[s] if they are accredited by a nationally recognized accrediting body. ..... 707 (1981); sherbert v. ..... 263 , 271 (1981). .....
Tag this Judgment!Court : US Supreme Court
..... we then reiterate[d] what we had said in rejecting a federal taxpayer challenge to a federal statute as equally true when a state act is assailed: the [taxpayer] must be able to show that he has sustained some direct injury and not merely that he suffers in some indefinite way in common with people generally. id ..... 2 records of the federal convention of 1787, p. ..... if the judicial power extended to every question under the constitution it would involve almost every subject proper for legislative discussion and decision; if to every question under the laws and treaties of the united states it would involve almost every subject on which the executive could act. ..... footnote 2 ] defendants removed the action to the united states district court for the northern district of ohio. ..... on writs of certiorari to the united states court of appeals for the sixth circuit [may 15, 2006] justice ginsburg, concurring in part and concurring in the judgment ..... i, 8, might surmount the barrier to suits against acts of congress brought by individuals who can assert only the interest of federal ..... on writs of certiorari to the united states court of appeals for the sixth circuit [may 15, 2006] chief justice roberts delivered the opinion of the court ..... cuno supreme court of the united states daimlerchrysler corp. et al. v ..... (2006) supreme court of the united states nos. ..... certiorari to the united states court of appeals for the sixth circuit ..... , national park hospitality assn. v ..... 2d 820, 828 832 (cadc 1981) (ginsburg, j. .....
Tag this Judgment!Court : US Supreme Court
..... expansive reading of the unequivocal public necessity statement cannot be squared with permian basin s discussion of the commission s authority to review rates set by contract: although the natural gas act is premised upon a continuing system of private contracting, the commission has plenary authority to limit or to proscribe contractual arrangements that contravene the relevant public interests. ..... the calpx and the investor-owned utilities authority to make sales at market-based rates in the calpx, finding that, in light of the divesture of their generation units and other conditions imposed under the restructuring plan, those utilities had adequately mitigated their market power. ..... 2 the court repeatedly quotes the following snippet from the 75-page opinion in permian basin: the regulatory system created by the act is premised on contractual agreements voluntarily devised by the regulated companies; it contemplates abrogation of these agreements only in circumstances of unequivocal ..... of the contracts, the available alternatives at the time of sale, the relationship of the rates to commission benchmarks, the effect of the contracts on the financial health of the purchasers, and the impact of contract modification on national energy markets. ..... 571 , 582 (1981) (arkla) ( [t]he clear purpose of the congressional scheme for rate filing is to gran[t] the commission an opportunity in every case to judge the reasonableness of the rate ); permian basin area rate cases , ..... (1981). ..... (1981). .....
Tag this Judgment!Court : US Supreme Court
..... the perils of judicial policymaking inherent in applying fourth amendment protections to public schools counsel in favor of a return to the understanding that existed in this nation s first public schools, which gave teachers discretion to craft the rules needed to carry out the disciplinary responsibilities delegated to them by parents. ..... made marijuana their gateway but a younger generation finds prescription drugs an easier score ); see also national survey 17 (noting that teens report that prescription drugs are easier to buy than beer ) ..... whether a 13-year-old student s fourth amendment right was violated when she was subjected to a search of her bra and underpants by school officials acting on reasonable suspicion that she had brought forbidden prescription and over-the-counter drugs to school. ..... some early courts found corporal punishment proper as long as the teacher did not act with legal malice or cause permanent injury; while other courts intervened only if the ..... april redding on writ of certiorari to the united states court of appeals for the ninth circuit [june 25, 2009] justice stevens, with whom justice ginsburg joins, concurring in part ..... april redding on writ of certiorari to the united states court of appeals for the ninth circuit [june 25, 2009] justice thomas, concurring in the judgment in part ..... april redding on writ of certiorari to the united states court of appeals for the ninth circuit [june 25, 2009] justice ginsburg, concurring in part ..... , 418 (1981); see also .....
Tag this Judgment!Court : Supreme Court of India
..... saminathan from ca2018of | |p-1496 | | | |canara bank mylapore of | | | | | |selvi j.jayalalitha | | | | | |on | | | | | |15.9.95 and 10.10.95 | | | | |137 |amount paid to tamil nadu |1,08,000.00 |p-1382 | | | |government fund from ca | | | | | |2018 of canara bank mylapore | | | | | |of selvi j.jayalalitha on | | | | | |11.1.92 | | | | |138 |amount paid to united india |1,32,796.00 |p-1382 | | | |insurance from ca2018of | |p-1497 | | | |canara bank mylapore of selvi| |to 1500 | | | |j.jayalalitha on | | | | | |9.1.92, 28.3.92, | | | | | |31.3.93, | | | | | |29.7.93, 18.3.94, 16.3.95 | | | | | |and 24.3.95 | | | | |139 |amount paid to vi g tech |91,157.64 |p-1382 |pw.201 | | |from ca2018of canara bank | |p-1018 |pw.180 | | |mylapore of selvi j ..... acquitting them of the charge under sections 120b and 109 of indian penal code, 1860 (for short ipc ) read with sections 13(1)(e) and 13(2) of the prevention of corruption act, 1988 (for short 1988 act ) as framed against them and also resultantly setting- aside the order of the trial court for confiscation of properties, both movable and immovable, of the concerned firms, as mentioned therein ..... or their written arguments before the trial court and the high court, taken any plea of any loan from nationalized banks being left out of consideration while calculating the income and expenditure and then arrived at the value of ..... no.4564/81, dt.16.12.1981 of sro north madras); an old ambassador car and an old contessa car; a new maruti car .....
Tag this Judgment!Court : UK Supreme Court
..... with which the court should approach a statute dealing with compensation for the compulsory acquisition of land [operating, as it is put in bennion, statutory interpretation, 5th ed (2008), p442, as a 'special interpretative convention']"; and, thirdly, as was clearly held by the majority in waters, that it is the pointe gourde principle as explained in the cases, rather than the statutory rules for assessing compensation contained in section 5 of ..... pointe gourde principle as, indeed, to my mind, had it been a ransom strip of land, it would no less obviously have fallen to be disregarded whether under that principle or under section 5(3) of the 1961 act: the purpose served by the suitability of such land for providing access could only have been achieved in pursuance of statutory powers, there being no market for such right of access apart from the requirements of the ..... act the appellant sought permission to rely upon the human rights act 1998 on the basis that compensation of so little as was awarded by the court of appeal would infringe its rights under article 1 of protocol 1 of the european ..... maclean (1860) 2 de g f and j 415, 419, per lord campbell lc; pountney v clayton (1883) 11 qbd 820, 838, per bowen lj; elwes v brigg gas co (1886) 33 ch d 562, 568, per chitty j; and national carriers ltd v panalpina (northern) ltd [1981] ac 675, 708, per lord russell of killowen. ..... to the extent of subsurface rights remains alive in the united states. ..... the united states. .....
Tag this Judgment!Court : Supreme Court of India
..... determining the amount taking into consideration the observations made hereinabove, such as, requirement/availability of the fund under the ndrf/sdrf for other reliefs and the priorities determined by the national authority/union government and the fund required for other minimum standards of relief and fund required for prevention, preparedness, mitigation and recovery and other reliefs to carry out the obligation ..... 3.2 it is further submitted by shri upadhyay, learned senior advocate appearing on behalf of the petitioner that section 12 of the dma2005mandatorily provides for the national authority defined under section 3 of the said act to recommend guidelines for the minimum standards of relief to be provided to persons affected by the disaster and it shall include, inter alia, ex gratia assistance on ..... legislature may use the word may as a matter of pure conventional courtesy and yet intend a mandatory force. ..... 7 scc1 this court had an occasion to consider the following observations made the supreme court of the united states in the case of metropolis theatre co. v. ..... union of india (1981) 4 scc675 it has been observed and held that laws relating to economic activities should be viewed with greater latitude than laws touching civil rights such as ..... state of bihar, (1981) 1 scc627and it is submitted that as observed the state may have its financial constraint and its priorities in expenditure, the law does not permit any government to deprive its citizens of constitutional rights .....
Tag this Judgment!Court : Supreme Court of India
..... may specify for category of projects such as at (f), (g) and (h) of para 4; (g) mining of rare minerals as listed by the department of atomic energy; (h) facilities for generating power by non- conventional energy resources, desalination plants and weather radars; (i) demolition and reconstruction of (a) buildings of archaeological and historical importance, (ii) heritage buildings; and buildings under public use which means buildings such as for the purposes ..... [(1979) 4 scc565 it is clear from these two circulars that the central board of direct taxes, which is the highest authority entrusted with the execution of the provisions of the act, understood sub-section (2) as limited to cases where the consideration for the transfer has been understated by the assessee and this must be regarded as a strong circumstance supporting the construction which we are ..... upon the speech of the 13 (1981) 4 scc17351 finance minister, the heydon s rule or the mischief rule and the importance of the word declared figuring in section 52 (2) and the fact that soon after the introduction of the provision, the central board of direct taxes issued statutory circulars under section 119 of the income tax act explaining the scope of central. ..... 3(i)(e) allows construction, repair work of dwelling units of local community including fishermen in accordance with local town and ..... the order passed by the national green tribunal (ngt), southern zone ..... under section 22 of the national green tribunal act, 2010. c.a. .....
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