Court : US Supreme Court
..... now any remembrance or recollection of having neglected anything at all on his part which was necessary for him to do in order to have said record filed in the clerk's office of the supreme court of the united states as soon as the same reached the said clerk in the city of washington;" that he resides more than two thousand miles from the capital, and never has been and is not now familiar with ..... of plaintiff in error was filed in the cause, stating that plaintiff "is now and has been for many years past a member of the bar of the united states circuit court for the district of colorado, and also a member of the bar of the supreme court of the united states;" that he had been attending to this suit in the circuit court and in the supreme court in person; that on or about the 5th day ..... anything of the kind, or agree to anything whatever that would speed the final hearing; "that he supposed it was a matter of course, upon the return of the writ of error to the supreme court of the united states from a circuit court of the united states, that the clerk of the said supreme court would immediately, on such return of such writ and a page 137 u. s. ..... to be brought and was claimed to be sustainable under sections 1979, 1980, and 1981 of the revised statutes, in connection with section 5407 (rev.stat., 2d ed., ..... court had power to direct it to be subsequently placed upon the docket, or to treat the act of the clerk in docketing it as providently done. ..... practice, since the act of march 3, 1883 .....
Tag this Judgment!Court : US Supreme Court
..... or their legal representatives, as had valid claims to indemnity upon the french government arising out of illegal captures, detentions, seizures, condemnations, and confiscations prior to the ratification of the convention between the united states and the french republic concluded on the thirtieth day of september, eighteen hundred, the ratifications of which were exchanged on the thirty-first day of july following," might apply to the ..... " proceeding to advise under this act, the court of claims, in many cases, found with regard to claims therein presented that the original sufferers had valid claims to indemnity upon the french government prior to the convention of 1800; that these claims were relinquished to france by the united states government by that treaty, in part consideration of the relinquishment of certain national claims of france against the united states, and that this use of the ..... and was a subsequent gift in favor of the next of kin of william gray, but they insisted that in the distribution among the next of kin of william gray, to be ascertained at the date of the passage of the act, the issue of the deceased children should take, by right of representation, the shares of their parents according to the statute of distributions, or that the fund should be distributed among the representatives of the next of kin, to ..... , with 1981 of the revised statutes, in reference to recovery of damages by the legal representatives of persons killed by wrongful act in page .....
Tag this Judgment!Court : US Supreme Court
..... representative form of government when it shall provide in its constitution and laws for a supreme legislative or governing body, composed of representatives elected either by the members or by delegates elected by the members through a delegate convention system, together with such other members as may be prescribed by its constitution and laws: provided, that the elective representatives shall constitute a majority in number and have not less than a majority of the votes, nor ..... the declaration alleges: "that the defendant is, and at all times herein mentioned was, a fraternal order or organization maintaining a life insurance department for its members, organized and existing under an act of the united states congress, in the district of columbia, and having its principal offices and place of business in the city of indianapolis, in the state of indiana, and duly authorized to transact its ..... it is stipulated and agreed: "that the defendant [plaintiff in error] is a fraternal order or organization, maintaining a life insurance department for its members, existing under an act of the united states congress in the district of columbia, having its principal place of business in the city of indianapolis and state of indiana, and authorized to transact business in the state of nebraska during the period ..... national ..... named in a benefit certificate of life insurance issued to one of its members, by the plaintiff in error, a fraternal order created by act of congress of june 29, 1981, c. .....
Tag this Judgment!Court : US Supreme Court
..... we are confronted with regulation of a unique type of enterprise which i think requires considered rejection of much conventional utility doctrine and adoption of concepts of "just and reasonable" rates and practices and of the "public interest" that will take account of the peculiarities of ..... 22 ] the commission was also directed to recommend further legislation appropriate or necessary to carry out any proposed compact and "to aid in the conservation of natural gas resources within the united states and in the orderly, equitable, and economic production, transportation, and distribution of natural gas." 11(a). ..... the case before us demonstrates the lack of rational relationship between conventional rate base formulas and natural gas production and the extremities to which regulating bodies are brought by the effort to ..... 506 , that the purpose of the natural gas act was to provide, "through the exercise of the national power over interstate commerce, an agency for regulating the wholesale distribution to public service companies of natural gas moving interstate, which this court had declared to be interstate commerce not subject to certain types of ..... has touched upon the problem of conservation in connection with an application for a certificate permitting construction of a 1500-mile pipeline from southern texas to new york city, and says: "the natural gas act, as presently drafted, does not enable the commission to treat fully the serious implications of such a problem. ..... 1981 .....
Tag this Judgment!Court : Chennai
Reported in : AIR1954Mad911
..... the relevant passage that throws considerable light on the nature of this prerogative occurs at page 643 :'as this power had been exercised from time immemorial by the executive of that nation whose language is our language, and to whose judicial institutions ours bear a close resemblance; we adopt, their principles respecting the operation and effect of a pardon, and look into their books for ..... the above resume regarding the effect of the leading decisions of the united states supreme court interpreting section 2 of article ii would therefore clearly show that in republican countries like ours, where under a written constitution the head of the state is given authority by means of an executive act to tender pardons and reprieves, those functions can be exercised even before conviction.that the practice in monarchical england is the game is clear from coke ..... clause except that a motion to except cases of treason was referred to the committee on style, september 10th (2 ferrand, 564), was not approved by the committee and after discussion was defeated in the convention september 15th (2nd ferrand, 626, 627). ..... the proceedings of the convention from june 19, 1737 to july 23rd were by resolution referred to a committee on detail for report of the constitution (2 ferrand's records of constitutional convention, 128, 129) and contained the following (2 ferrand, 146) 'the power of pardoning vested in the executive (which) his pardon shall not, however, be pleadable to an impeachment'.on .....
Tag this Judgment!Court : US Supreme Court
..... corporation, the filing must include, among other things, (1) certified copies of its charter and by-laws; (2) "a certified list of the names and addresses of the officers, directors, stockholders, members, agents and employees or other persons acting for or in (its) behalf;" (3) a certified statement of the sources of its income, however derived, including the names and addresses of contributors or donors if required by the commission; (4) a detailed certified statement of the ..... that it was the district court's duty to provide this remedy, if the appellees, who invoked that court's jurisdiction under the civil rights act, proved their charge that the appellants, under the color of the virginia statutes, had deprived them of civil rights secured by the ..... the court below, the chapter might well be read as requiring a "stirring up" of litigation in the conventional common law sense, in addition to the "unjustified" payment of litigation expenses ..... congress has ordained in the civil rights act that "all persons within the jurisdiction of the united states shall have the same ..... . from the time when congress first implemented the fourteenth amendment by the comprehensive civil rights act of 1871, the thought has prevailed that the federal courts are the unique tribunals which are to be utilized ..... . national association for the advancement of colored people (naacp) and naacp legal defense and educational fund, incorporated (fund), appellees herein, are organizations engaged ..... ..... .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1961SC112; (1961)63BOMLR221; 1961CriLJ173; [1961]1SCR497
..... by thecourts or by the legislature with the extent and effect of the prerogative ofthe people vested in the president in the exercise of his power of being mercy.it was so held in ex parte garland 18 l.ed 366, 370, 371 and united states v.klein 20 l.ed 519 in the former case the president had given a pardon torebels who had taken part in the civil war against the forces of the federationand the legislature had reversed that ..... been sentenced to death in a province, the governor general in hisdiscretion shall have all such powers of suspension, remission or commutationof sentence as were vested in the governor general in council immediatelybefore the commencement of part iii of this act, but save as aforesaid noauthority in india outside a province shall have any power to suspend, remit orcommute the sentence of any person convicted in the province : provided that nothing in thissub-section affects any power of ..... ., referring to the exercise of this powersaid : 'as this power had been exercised from timeimmemorial by the executive of that nation whose language is our language, andto whose judicial institutions ours bears a close resemblance; we adopt theirprinciples respecting the operation and effect of a pardon, and look into theirbooks for the rules prescribing the ..... . the statesmen and lawyersof the convention, who submitted it to the ratification of the convention ofthe thirteen states, were born and brought up in the atmosphere of the commonlaw, and thought and spoke in .....
Tag this Judgment!Court : US Supreme Court
..... that the object of the fourteenth amendment was to prevent any discrimination by the law of any state, he argued that: "this being forbidden by the constitution of the united states, and all the judges, state and national, being sworn to support the constitution of the united states, and the supreme court of the united states having power to supervise and correct the action of the state courts when they violated the constitution of the ..... compensation to the person or persons damnified by such offense, if living, or to his widow or legal representative if dead, and such compensation may be recovered in an action on the case by such person or his representative in any court of the united states of competent jurisdiction in the district in which the offense was committed, such action to be in the name of the person injured, or his legal representative, and against said county, city, or parish, and in which action any ..... regard for controlling legislative history which is conventionally observed by this court in determining the true meaning of important legislation that does not construe itself [ footnote 3/31 ] has never been applied to the "under color" provisions; particularly, there has never been canvassed the full record of the debates preceding passage of the 1871 act with which we are concerned in this ..... petitioners have abandoned in this court their claims under 1980 and 1981, and we are not now asked to determine the applicability of those sections to ..... 1980 and 1981, 42 ..... 1981, ..... 1981 .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1962Cal135,66CWN697
..... . dutt's contention that at the most the magistrate can at that stage look to only those papers which have been mentioned in section 173(4) added by the amendment of act 26 of 1955 cannot also be accepted because the documents mentioned in section 173(4) operate only at the stage of commencement of the enquiry or trial either under new sections 207-a or 251-a and have no ..... by a police officer into a cognisable case, the magistrate has the opportunity of supervising the investigation, and when a referred report is submitted to a magistrate under section 173 of the code, the magistrate must act judicially and is not bound to accept the report, but he may call for a charge-sheet from the investigating officer. ..... an investigating officer makes his report under section 173, it follows that when the investigating officer has submitted a final report, the magistrate acting judicially cannot direct him to submit a charge-sheet, though a superior police officer may do so, or may direct further investigation. ..... the policepegulations, bengal, being the regulations madeby the inspector general of policeunder section 12 of the police act,[1861 with the approval of the state government,prescribes the forms in which the reports are tobe submitted; and different forms are prescribedfor the cases referred to in sections ..... 750 of 1959, decided d/- 5-8-1960 : (1981 (2) cri lj 71) (cal), by a division bench of this court, '.................a magistrate actingunder section 159 is an authority .....
Tag this Judgment!Court : US Supreme Court
..... , any penalty, forfeiture or liability, either civil or criminal, which shall have been incurred under such statute, section or part thereof, unless the repealing, repealing and reenacting, revising, amending or consolidating act shall expressly so provide; and such statute, section or part thereof, so repealed, repealed and reenacted, revised, amended or consolidated, shall be treated and held as still remaining in force for the purpose ..... " common law, as it then existed in the several states, to prohibit owners of inns and other establishments open to the public from discriminating on account of race; (2) in passing the civil rights act of 1866 and other civil rights legislation, congress meant access to such establishments to be among the "civil rights" protected; (3) finally, those who framed and passed the fourteenth amendment intended it, of its ..... seems pretty clear that the reason judicial enforcement of the restrictive covenants in shelley was deemed state action was not merely the fact that a state court had acted, but rather that it had acted "to deny to petitioners, on the grounds of race or color, the enjoyment of property rights in premises which petitioners are willing and financially able to acquire ..... secured to colored citizens of the united states -- as between them and their respective states -- by the national grant to them of state citizenship? ..... 1890, was elected a member of the constitutional convention of mississippi and served as chairman of the judiciary ..... 1981 .....
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