Judgment Search Results Home > Cases Phrase: australia commonwealth of Court: us supreme court Page 1 of about 402 results (0.056 seconds)

Truax Vs. Corrigan

Court : US Supreme Court

..... . [ footnote 15 ] australia: commonwealth conciliation and arbitration act, 1904-1915, 6-9; new south wales, industrial arbitration act, 1912-1918, 48d and 48e ..... . [ footnote 18 ] the commonwealth conciliation and arbitration act, 1904-1915, 19-31 (printed as appendix a to commonwealth acts, 1914-1915) ..... ." the commonwealth conciliation and arbitration act, 1904, 38(e), provides that the court of arbitration and conciliation shall have power "to enjoin any organization or person from committing or continuing any contravention of this act ..... . commonwealth, 84 va ..... . [ footnote 22 ] commonwealth v ..... . australia [ footnote 18 ] and new zealand [ footnote 19 ] made compulsory both arbitration and compliance with the award .....

Jones (Appellant) Vs. Kaney (Respondent)

Court : UK Supreme Court

..... motor inns pty ltd v howarth asia pacific pty ltd [2003] nswsc 1120; james v medical board of south australia (2006) 95 sasr 445 (south australia); commonwealth v griffiths (2007) 245 alr 172 (nsw c.a) and in canada in carnahan v coates (1990) 71 dlr (4th) 464; varghese v landau [2004] can lii 5084 (ont sc) and deep v college of physicians and surgeons of ontario [2010] onsc ..... general witness immunity has been re-affirmed by the high court of australia in d'orta-ekenaike v victoria legal aid [2005] hca 12, (2005) 223 clr 1, para 39; by the supreme court of new zealand in lai v chamberlains [2007] 2 nzlr 7; and by the ontario court of appeal in reynolds v kingston (police services board) [ ..... the tendency in the commonwealth in recent years has been to uphold witness immunity for experts, although it has not been the subject of full discussion at higher appellate levels. .....

National Human Rights Commission Vs. State of Gujarat and ors.

Court : Supreme Court of India

Reported in : (2009)2GLR1672(SC); JT2009(6)SC405; 2009(6)SCALE509; (2009)6SCC342

..... many commonwealth countries like australia have a commonwealth director of public prosecutions, which was set up by the director of public prosecutions act 1983 and started operations in 1984. ..... it is common for those who hold the office of commonwealth or state dpp later to be appointed to a high judicial office. ..... the nine states and territories of australia also have their own dpps. ..... however, in south australia the ag may direct the dpp to prosecute or not to prosecute. .....

Jindal Stainless Ltd. and Anr. Vs. State of Haryana and Ors.

Court : Supreme Court of India

..... in automobile s case (supra) also das, j.while speaking for the majority followed the direct and immediate effect test relying upon the pronouncements of the high court of australia in commonwealth of australia and ors. v ..... this view is consistent with the principles laid down by the australian high court and the privy council in the context of interprelation of the words absolutely free in section 92 of the commonwealth of australia constitution act, which is more emphatic than the word free in article 301 of our constitution. ..... constitution. 309. it is useful to refer to observations made by lord porter in commonwealth of australia & others(supra), which are in following words: in this labyrinth there is ..... a.c. 578 and judgment of lord porter in, commonwealth of australia and ..... james vs. commonwealth of australia, (1936) ac578 had occasion to consider the freedom of trade as granted under section 92 of the constitution of ..... . 578 and commonwealth of australia and others ..... :75. the commonwealth of australia constitution act came into being ..... . 2 commonwealth of australia section 92 of the australian constitution declares that on the imposition of uniform duties of customs, trade, commerce and intercourse among the states, whether by means of internal carriage or ocean navigation, shall be absolutely ..... we do not propose to recite the somewhat chequered history of the australian decisions in respect of which lord porter, after a review of the earlier cases, said in commonwealth of australia v .....

Madras Bar Association Vs. Union of India and anr.

Court : Supreme Court of India

..... 's challenge to particular provisions of the act is based upon the proposition that they provide for an exercise of judicial power otherwise than in conformity with ch.iii of the commonwealth constitution in that the power is exercised by the commission which is not a court established pursuant to s.71 and constituted in accordance with s.72 of the constitution. ..... also the submission of the learned counsel for the petitioners, that the proposition of law highlighted hereinabove on the basis of the provisions of constitutions of different countries (jamaica, ceylon, australia and canada) decided either by the privy council or the highest courts of the concerned countries, is fully applicable to india as well. ..... . commonwealth of australia, 122 ..... article. in australia limitations on the law-making powers of the parliament of the federal commonwealth over the states were read into the concerned provisions of the constitution because of implications arising from the very federal nature of the constitution: (vide lord mayor councillors and citizens of the city of ..... attorney-general for the commonwealth of australia v ..... this the answer may be given in the words of lord porter in commonwealth of australia v ..... for that reason, the supreme court of the united states and the high court of australia have refused to render advisory opinions, reasoning that a separation of powers doctrine in their constitutions confines the courts to the traditional judicial function of adjudicating upon .....

State of Karnataka Vs. Union of India (Uoi) and anr.

Court : Supreme Court of India

Reported in : AIR1978SC68; (1977)4SCC608; [1978]2SCR1

..... and the decisions just cited entirely preclude, in our opinion, an a priori contention that the grant of legislative power to the commonwealth parliament as represented the will of the whole of the people of all the states of australia should not bind within the geographical area of the commonwealth and within the limits of the enumerated powers, ascertained by the ordinary process of construction, the states and their agencies as ..... imposed by an act of the victorian legislature, it was not contended before the court that the restriction on the powers of the victoria constitution is enacted by any express provision of the commonwealth constitution act but was argued that inasmuch as the imposition of an income-tax might interfere with the free exercise of the legislative or executive power of ..... far as dispute as to the scope of respective legislative fields between the commonwealth and the states in australia is concerned, it is now well settled as a result of ..... and judicial powers in australia,' fourth edition has said at pages 12 and 13 :the only way in which the court could determine whether the prescribed limits of legislative power had been exceeded or not was 'by looking to the terms of the instrument by which, affirmatively, the legislative powers were created, and by which negatively, they are restricted,.the effects of the engineers' case upon commonwealth-state relations are ..... of victoria and the commonwealth of australia 122 commonwealth law reports 353 ..... commonwealth of .....

N. Masthan Sahib Vs. Chief Commissioner, Pondicherry

Court : Supreme Court of India

Reported in : AIR1962SC797; [1962]Supp1SCR981

..... 122 of the commonwealth of australia act, but the point to be noticed however is that there was no statement by the government of the commonwealth of australia as to whether this area was or was not part of the territory of australia, such as we have in the present case. ..... in both these cases the point involved was as to the status of the territory of new guinea which australia was administering as mandatory territory under a mandate from the league of nations. ..... chatterji, however, invited our attention to obtain observations contained in two decisions of the high court of australia - jolley v. .....

The Automobile Transport (Rajasthan) Ltd. Vs. the State of Rajasthan a ...

Court : Supreme Court of India

Reported in : AIR1962SC1406; [1963]1SCR491

..... laid down the following three propositions : (i) the impugned law, whether fiscal or otherwise, shall directly and immediately restrict traffic across the borders before it could be said to violate the freedom under section 92 of the commonwealth of australia constitution act; (ii) compensatory measures for the purpose of regulating commerce are not restrictions on the said freedom; and (iii) when a question arises whether a fiscal statute amounts to restriction on the said freedom, a careful scrutiny ..... this view is consistent with the principles laid down by the australian high court and the privy council in the context of interpretation of the words 'absolutely free' in section 92 of the commonwealth of australia constitution act, which is more emphatic than the word 'free' in article 301 of our constitution. 48. ..... article 301 of the constitution, so far as its language goes, is fairly modelled on section 92 of the australian commonwealth act, 1900, and numerous decisions of the high court of australia and on appeal, by the privy council, were cited before us to define the content and extent of the freedom en-visaged. ..... , represents adequately the views entertained on the subject of freedom of trade, commerce and intercourse in relation to section 92 of the commonwealth of australia act before our constitution was framed. ..... disputes similar to those which took place in australia in which it was hotly debated whether the commonwealth was bound or not have thus been avoided. .....

Standard Vacuum Refining Co. of India Vs. Its Workmen and anr.

Court : Supreme Court of India

Reported in : AIR1961SC895; [1960(1)FLR98]; (1961)ILLJ227SC; [1961]3SCR536

..... 43 of the constitution; and so, it would be necessary to enquire whether the wage in question satisfies the tests laid down by the royal commission on the basic wage for the commonwealth of australia which has been endorsed by the fair wages committee's report and broadly approved by this court in the express newspapers' case : (1961)illj339sc . ..... this classification was approved by the royal commission on the basic wage for the commonwealth of australia, and it proceeded through norms and budget enquiries to ascertain what the minimum of comfort level should be. ..... sitting as president of the commonwealth court of conciliation and arbitration, the learned judge posed the question as to what is the model or criterion by which fairness or reasonableness is to be determined, and he answered it by saying that 'a fair and reasonable wage in the case of an unskilled labourer ..... the fair wages committee which made its report in 1949 broadly accepted the view expressed by the royal commission on the basic wage for the common-wealth of australia which we have already cited. .....

Navinchandra Mafatlal Vs. the Commissioner of Income-tax, Bombay City

Court : Supreme Court of India

Reported in : AIR1955SC58; (1955)57BOMLR628; [1954]26ITR758(SC); [1955]1SCR829

..... quite clearly indicate that such wide meaning was put upon the word 'income' not because of any particular legislative practice either in the united states or in the commonwealth of australia but because such was the normal concept and connotation of the ordinary english word 'income'. ..... kolah concedes that the word 'income' is understood in the united states and australia in the wide sense contended for by the learned attorney-general but he maintains that the law in england is different and, therefore, entry 54 which occurs in a parliamentary statute should be construed according to the law of england. ..... in the united states of america and in australia both of which also are english speaking countries the word 'income' is understood in a wide sense so as to include a capital gain. .....