Court : US Supreme Court
..... whatever other requirements may be applicable to elections for "representatives" (in the sense of those who are not only elected by but act on behalf of the electorate), those elections, unlike elections for all office-holders, must be conducted in accordance with the equal protection principle of "one ..... one year after the decision in mobile, chairman rodino of the house judiciary committee introduced a bill to extend the voting rights act and its bilingual requirements, and to amend 2 by striking out "to deny or abridge" and substituting "in a manner which results in a denial ..... or prerequisite to voting or standard, practice, or procedure shall be imposed or applied by any state or political subdivision in a manner which results in a denial or abridgement of the right of any citizen of the united states to vote on account of race or color, or in contravention of the guarantees set forth in section 4(f)(2), as provided in subsection (b). ..... the voting rights act of 1965 establishes that the central purpose of the act is "[t]o enforce the fifteenth amendment to the constitution of the united states. ..... ] louisiana state law institute, project of a constitution for the state of louisiana with notes and studies 1039 (1954) (1921 report of the louisiana bar association submitted to the louisiana constitutional convention). ..... reads in part as follows: "(f)(1) the congress finds that voting discrimination against citizens of language minorities is pervasive and national in scope. ..... (1981) .....
Tag this Judgment!Court : US Supreme Court
..... argued march 30, 1992-decided june 1, 1992 the waste import restrictions of michigan's solid waste management act (swma) provide that solid waste generated in another county, state, or country cannot be accepted for disposal unless explicitly authorized in the receiving county ..... the reasoning of that case, michigan's waste import restrictions clearly discriminate against interstate commerce, since they authorize each county to isolate itself from the national economy and, indeed, afford local waste producers complete protection from competition from out-of-state producers seeking to use local disposal areas unless a county acts affirmatively to authorize such use. pp. ..... commerce clause concerns are at their nadir when a state act works in this fashion-raising prices for all the state's consumers, and working to the substantial disadvantage of other segments of the state's population-because in these circumstances "'a state's own political processes will serve as ..... 1991), requirements that local units of government participate in the planning process, ..... parker filed a brief for the national solid wastes management association as amicus curiae ..... see united states environmental protection agency, characterization of municipal solid waste in the united states: 1990 update 10 (municipal solid wastes have increased from 128.1 million tons in 1975 to 179.6 million tons in 1988, expected to rise to 216 million tons by the year 2000 ..... 662 , 675 (1981) (quoting raymond motor transportation, inc. .....
Tag this Judgment!Court : US Supreme Court
..... system, and 15 microcomputers; a 2,000-square-foot planetarium; green houses and vivariums; a 25-acre farm with an air-conditioned meeting room for 104 people; a model united nations wired for language translation; broadcast capable radio and television studios with an editing and animation lab; a temperature controlled art gallery; movie editing and screening rooms; a 3,500- ..... relief with intended consequences beyond the perpetrator's own subdivision, even in the absence of effects outside that subdivision, so long as the decree does not bind the authorities of other governmental units that are free of violations and segregative effects: "[milliken's] holding that there had to be an interdistrict violation or effect before a federal court could order the crossing of district boundary ..... stewart stated: "were it to be shown, for example, that state officials had contributed to the separation of the races by drawing or redrawing school district lines; by transfer of school units between districts; or by purposeful, racially discriminatory use of state housing or zoning laws, then a decree calling for the transfer of pupils across district lines or for restructuring of district lines ..... undertake measures to increase the kcmsd's attractiveness to students from other districts and thereby to reverse the flight attributable to their prior segregative acts, its orders do not represent an abuse of discretion, but instead appear "wholly commensurate with the 'nature and extent of the ..... 1981 .....
Tag this Judgment!Court : US Supreme Court
..... thus, the general presumption that legislative changes should be left to congress has less force with respect to the sherman act in light of the accepted view that congress "expected the courts to give shape to the statute's broad mandate by drawing on common-law tra- 21 ..... 9 the district court found that the allegations in the complaint did not state a per se violation of the sherman act because they did not establish the sort of "manifestly anticompetitive implications or pernicious effect on competition" that would justify per se prohibition of state oil's ..... respondents sued state oil in the united states district court for the northern district of illinois, alleging in part that state oil had engaged in price fixing in violation of 1 of the sherman act by preventing respondents from raising or lowering retail gas prices ..... accordingly, this court has reconsidered its decisions construing the sherman act when the theoretical underpinnings of those decisions are called into serious ..... granted certiorari to consider two questions, whether state oil's conduct constitutes a per se violation of the sherman act and whether respondents are entitled to recover damages based on that conduct. ..... accordingly, this court has reconsidered its decisions construing the sherman act where, as here, the theoretical underpinnings of those decisions are called into serious ..... , and quentin riegel; for the national automobile dealers association by paul r. ..... 886, 887-890 (1981)) (hereinafter easterbrook) .....
Tag this Judgment!Court : US Supreme Court
..... the defendant in patterson characterized mullaney exactly as the court has today and we rejected that interpretation: "mullaney's holding, it is argued, is that the state may not permit the blameworthiness of an act or the severity of punishment authorized for its commission to depend on the presence or absence of an identified fact without assuming the burden of proving the presence or absence of that fact, as the case ..... establish any bright-line rule for making such judgments and have instead approached each case individually, sifting through the considerations most relevant to determining whether the legislature has acted properly within its broad power to define crimes and their punishments or instead has sought to evade the constitutional requirements associated with the characterization of a fact as ..... to defer to a legislature's formal definition of the elements of an offense, it is clear that the fact that patterson did not act under the influence of extreme emotional disturbance, in substance, "increase[d] the penalty for [his] crime beyond the prescribed statutory maximum" for ..... 241 , 246 (1949) ("[b]oth before and since the american colonies became a nation, courts in this country and in england practiced a policy under which a sentencing judge could exercise a wide discretion in the sources and types of evidence used to assist him in determining the ..... in the act, congress created the united states sentencing commission, which in turn promulgated the sentencing ..... 1981 .....
Tag this Judgment!Court : US Supreme Court
..... attention to the large number of such measures passed against south africa in the 1980's, which various authorities cited have thought were not preempted.25 the state stresses that congress was aware of the state act in 1996, but did not preempt it explicitly when it adopted its own burma statute.26 the state would have us conclude that congress's continuing failure to enact express preemption implies approval, particularly in light of ..... -owned subsidiary, licensee or franchise of such a person; "(b) providing financial services to the government of burma (myanmar), including providing direct loans, underwriting government securities, providing any consulting advice or assistance, providing brokerage services, acting as a trustee or escrow agent, or otherwise acting as an agent pursuant to a contractual agreement; "(c) promoting the importation or sale of gems, timber, oil, gas or other related products, commerce in which is largely controlled by the government of burma (myanmar), from burma (myanmar); "(d) ..... 375 this express investiture of the president with statutory authority to act for the united states in imposing sanctions with respect to the government of burma, augmented by the flexibility 9 to respond to change by suspending sanctions in the interest of national security, recalls justice jackson's observation in youngstown sheet & tube co. ..... 654 (1981), we used the metaphor of the bargaining chip to describe the president's control of funds valuable to a hostile country, .....
Tag this Judgment!Court : UK Supreme Court
..... complaints 1 and 2 compared the first complaint alleged that the appellant was liable to disciplinary action under bye-law 4(1)(a), namely that: "in the course of carrying out professional work or otherwise he has committed any act or default likely to bring discredit on himself, the institute or the profession of accountancy in that he:- was convicted upon indictment at the royal court of jersey on 16 september 2003 of failing to comply with a direction issued on 18 december 2002 by the jersey ..... (3) a finding of fact (b) in any civil or criminal proceedings before a court of competent jurisdiction in the united kingdom or elsewhere; shall for the purposes of these bye-laws be prima facie evidence of the facts found. ..... part ii of the national health service reform and health care professions act 2002 created the council for healthcare regulatory excellence to supervise the manner in which self-regulation operates in the field of health care. ..... the proposition is that in any event, given the disciplinary context the supreme court should recognise a public interest exception to the strict application of the doctrine of cause of action estoppel which is absent in the case of conventional civil litigation. ..... in australia it was held that a doctor who had been censured by a medical board could not subsequently be the object of a second inquiry into alleged infamous conduct: basser v medical board of victoria [1981] vr 953. .....
Tag this Judgment!Court : Supreme Court of India
..... ground of the pious obligation under the hindu law, of such son, grandson or great- grandson to discharge any such debt: provided that in the case of any debt contracted before the commencement of the hindu succession (amendment) act, 2005 , nothing contained in this sub- section shall affect- (a) the right of any creditor to proceed against the son, grandson or great- grandson, as the case may be; or (b) any alienation made in respect of or ..... and we feel that this case has to be treated as an authority for the position that when a female member who inherits an interest in the joint family property under section 6 of the act files a suit for partition expressing her willingness to go out of the family she would be entitled to get both the interest she has inherited and the share which would have been notionally allotted to ..... in any way interfere with or change the enactment or any part thereof but where some gap is left which is relevant for the explanation, in order to suppress the mischief and advance the object of the act it can help or assist the court in interpreting the true purport and intendment of the enactment, and (e) it cannot, however, take away a statutory right with which any person under a statute has ..... . the joint hindu family is thus a larger body consisting of a group of persons who are united by the tie of sapindaship arising by birth, marriage or adoption: the fundamental principle of the ..... the said case, mangammal got married in 1981, and indira got married in or .....
Tag this Judgment!Court : Supreme Court of India
..... in continuous service for 5 years or more including superannuation/retirement/resignation/untimely death becomes qualified to claim gratuity in terms of the computation as has been provided under sub section (2) of section 4 of the act, 1972 which covers in its fold, the large sector of organized/unorganized workers/employees who are employed in various class of establishments covered under section 1(3)(a) & (b) and also notified by the central government under ..... and (c ), as the case may be, shall be eligible to claim payment of gratuity in terms of section 4 of the act, 1972 and so far as the term wages defined under section 2( s) of the act 1972 is concerned, it appears to be only for the purpose of computation as provided under sub section 5 (2) of section 4 of the act and withholding of gratuity is not permissible under any circumstances other than those enumerated under sub section (6) of section 4 of the ..... sections 3, 4, 5, 6 & 7 of the national food security act, 2013 would unerringly point to the fact that effective implementation of the aforementioned provisions of the act largely depends on the anganwadis, which are run by ..... of directed to joining service be paid towards gratuity sca198227.02.2011 29 rs.20,913/ 1219/2016 sca1901.1984 30.04.2011 27 rs.38,942/ 1220/2016 sca0308.1983 30.04.2006 23 rs.13,269/ 1221/2016 sca1604.1981 29.02.2012 31 rs.22,356/ 1222/2016 sca0306.1989 20.02.2006 21 rs.15,144/ 1223/2016 18. ..... the said convention casts responsibilities on all states .....
Tag this Judgment!Court : Supreme Court of India
..... the banks and financial institutions; (f) declaration of any securitisation company or reconstruction company registered with the reserve bank of india as a public financial institution for the purpose of section 4a of the companies act, 1956; (g) defining 'security interest' as any type of security including mortgage and change on immovable properties given for due repayment of any financial assistance given by any bank or financial institution; (h) ..... (1992) 3 scc1 in the said judgment, this court has held: in the instant case, the proceedings before the board under sections 15 and 16 of the act had been terminated by order of the board dated april 26, 1990 whereby the board, upon consideration of the facts and material before it, found that the appellant-company had ..... act or the rules made thereunder shall be in addition to, and not in derogation of, the industrial finance corporation act, 1948 (15 of 1948), the state financial corporations act, 1951 (63 of 1951), the unit trust of india act, 1963 (52 of 1963), the industrial reconstruction bank of india act, 1984 (62 of 1984), the sick industrial companies (special provisions) act, 1985 (1 of 1986) and the small industries development bank of india act ..... difficult to stick to old and conventional methods of financing and recovery ..... pursuant to the eradi committee report, the companies act was amended in 2002 by providing for the constitution of a national company law tribunal as a substitute for the company ..... 1981) 1 scc315:1981 ..... 1981 .....
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