Judgment Search Results Home > Cases Phrase: clayton s case Page 5 of about 12,800 results (0.041 seconds)

National Railroad Passenger Corporation Vs. Morgan

Court : US Supreme Court

..... expect the plaintiff to sue before the statute ran 11 amtrak argues that recovery for conduct taking place outside the time period for filing a timely charge should be available only in hostile environment cases where the plaintiff reasonably did not know such conduct was discriminatory or where the discriminatory nature of such conduct is recognized as discriminatory only in light of later events. ..... 1164 (1996): a "plaintiff may not base [the] suit on conduct that occurred outside the statute of limitations unless it would have been unreasonable to expect the plaintiff to sue before the statute ran on that conduct, as in a case in which the conduct could constitute, or be recognized, as actionable harassment only in the light of events that occurred later, within the period of the statute of limitations." id. ..... general atmosphere of discrimination not completely reducible to particular discriminatory acts, each day the worker is exposed to the hostile environment may still be treated as a separate "occurrence," and claims based on some of those occurrences *this case provides no occasion to determine whether the discovery rule operates in the context of hostile work environment claims. ..... (2000) (reserving the question of whether the injury discovery rule applies in civil rico and, by extension, clayton act cases). ..... foregoing reasons, the court of appeals' judgment is affirmed in part and reversed in part, and the case is remanded for further proceedings consistent with this opinion. .....

isabali Tayabali Vs. Mahadu Ekoba

Court : Mumbai

Reported in : AIR1917Bom5; (1918)20BOMLR29; 43Ind.Cas.851

..... discussing the question of the time within which the creditor's option must be exercised, lord macnaghten says:-' in 1816, when clayton's case (1816) 1 mer. ..... these judgments appear to me to establish not only that the-landlord's election may be determined by the mere bringing of his action, but also that the principles applicable to other cases of election are applicable also to the landlord's election to enforce or to waive the forfeiture. ..... ' these decisions serve, i think, to show that in our present case the view required by consistency and principle is that, since all that the lessor has to do is ' some act showing his intention to determine the lease,' that act is done when the suit to recover possession of ..... this view is, i think, confirmed by reference to other cases of election, where the same principle is involved in different sets of ..... '' neither in the calcutta case nor in either of the madras cases is any special reason given why the lessor's election must be made at some time-prior to the institution of the suit, and if the election has been made at the moment when the suit is instituted, that is, ..... we have now to decide whether the case is otherwise where the suit is subject to the transfer of property act ..... ' the second case to which i would refer as illustrating the principle that a party, having an election to prefer one course to another, may declare his election by the institution of a suit, is an indian case, decided by the privy council in 1906, bijoy gopal mukerji .....

National Bank Vs. Insurance Company

Court : US Supreme Court

..... are all of the opinion that the act contains nothing in its subsequent provisions inconsistent with the theory of the plaintiffs, that the association may sue and be sued, complain and defend, in all cases where it may be necessary that the corporate name of the association shall be used for that purpose in closing its business and winding up its affairs, under the provisions of the act which authorized ..... is also assigned for error that the appellee failed to set down for argument or traverse the pleas of the defendant, as required by the thirty eighth equity rule; but the pleas in this case were irregularly filed and defective, under the thirty first rule, for lack of the affidavit of the defendant that they were not interposed for delay, and of the certificate of counsel that they ..... held that the rule in clayton's case, 1 mer. ..... the bank contracts that it will pay the money on his checks and, when they are drawn in proper form, it is bound to presume, in case the account is kept with him as a trustee or as acting in some other fiduciary character, that he is in the course of lawfully performing his duty, and to honor them accordingly; but when against such an account it ..... " but he dissents from the application of the rule made by lord ellenborough, when the latter added, "which is the case when the subject is turned into money and confounded in a general mass of the same description;" for equity will follow the money, even if put into a bag or an undistinguishable mass, by taking .....

S. Amarchand and Co. and Chhaganlal Pitambar Vs. Ramdas V. Durbar

Court : Mumbai

Reported in : (1913)15BOMLR890

..... later the entries in the general account of chhaganlal in the appellant's books show that various sums were credited to the latter which if the rule in clayton's case (1816) 1 mer. ..... transit identical in its nature for part of distance with the transit of goods shipped by a consignor in marmagoa under a bill of lading for delivery in bombay; and i think that for this reason, on the special facts of these cases, the railway-receipt if assignable by endorsement would be an instrument of title to the goods under 8.103 of the contract act. ..... under the third condition of the railway-receipts in these cases it is clear that the documents fall under the latter ..... the holders of the railway-receipts in each case presented them not to the railway company which issued them but to the bombay steam navigation company which was the shipping line by which the goods were conveyed during the last part ..... it is not disputed that in each case under appeal the advance was made in ..... the first question in which case is whether the endorsee made the advance which he seeks to recover specifically upon the railway-receipt ..... 4 of 1912, the case was remanded to the lower court for evidence upon certain issues of which issue 9 was:-whether by the custom of the trade railway-receipts are not treated us instruments of title to the goods covered by ..... that was a case of conveyance by land from bijapur to bombay and in that respect the element of voyage by sea under a combined receipt and contract issued by the carrier .....

Additional Commissioner of Income-tax, Delhi (iii) Vs. Roshan Dass Bri ...

Court : Delhi

Reported in : [1982]137ITR816(Delhi)

..... on the rule in clayton's case [1816] 1 mer. ..... sub-section shall be made where any payment in a sum exceeding two thousand five hundred rupees is made otherwise than by a crossed cheque drawn on a bank or by a crossed bank draft, in such cases, and under such circumstances as may be prescribed, having regard to the nature and extent of banking facilities available, consideration of business expenditure and other relevant factors.' 10. ..... applying the above principal, that the assessed is entitled to appropriate payments in the manner least disadvantageous to himself, to the present case, we think that the assessed is entitled to say that the cash payments may be treated as having been made in payment of purchases, effected prior to april 1, 1969, and this, it would appear to us, is ..... we are in agreement with the conclusion of the learned accountant member of the tribunal that in the circumstances of the case, the cash payments must be deemed to have been adjusted against the earlier sums due to m/s. g.r. co. ..... it was contended that monies spent for purchase of stock-in-trade is investment and not expenditure; as such the monies spent in the present case for purchase of art silk was an investment and not expenditure and outside the purview of s. ..... view that a question of law did arise out of its order it referred the following question for our consideration : 'whether, on the facts and in the circumstances of the case, the tribunal was legally correct in holding that the payment of rs. .....

Kedar Nath Jai Prakash Vs. Chhajju Mal Sumerchand

Court : Allahabad

Reported in : AIR1962All586

..... the rule in clayton's case, (1816) 1 mer 529 (535) does not apply to a case where there is no account current between the parties, nor where from an account rendered or other circumstances, it appears that the creditor intended, not to make any appropriation, but to ..... , advanced by the learned counsel for the decree-holder respondent, was that the appellant judgment-debtor paid no instalment after 27-10-55 and, therefore, in any case, the penalty clause has come into operation and the objection to the contrary, raised in the courts below and before us, has become in-fructuous. ..... rule were to be applied that the court of local jurisdiction was not to have power to entertain execution cases, whore the original suit had been of a value beyond its pecuniary jurisdiction certain inconveniences would occasionally follow' ..... with great respect we agree with the above and hold that it was open to the decree-holder in the present case to refuse to accept the instalment remitted to him on 27-10-55 accompanied, as it was, with the direction as to ..... , observed that it was the valuation of the decretal amount which determined the 'importance' of the case for limits of pecuniary jurisdiction, he was, we think, stressing the fact that the decretal amount, whose execution was desired by the decree holder, being well within the pecuniary limits of the transferee ..... ' the right of appropriation accrued to the creditor in the above case because at the time of payment the debtor made no appropriation to pay .....

Additional Commissioner of Income-tax Vs. Roshan Dass Brij Bhushan

Court : Delhi

Reported in : ILR1982Delhi121; [1982]136ITR816(Delhi)

..... other case, where the assessed satisfies the income-tax officer that the payment could not be made by a crossed cheque drawn on a bank or by a crossed bank draft (1)due to exceptional or unavoidable circumstances, or (2)because payment in the ..... disallowance under sub-section (3) of section 40a shall be made where any payment in a sum exceeding two thousand five hundred rupees is made otherwise than by a crossed cheque drawn on a bank or by a crossed bank draft in .the cases and circumstances specified hereunder, namely : (e) where the payment is made by way of adjustment against the amount of any liability incurred by the payee for any goods supplied or services rendered by the assessed to such payee; (j) in any ..... wadhera for the revenue, relying on the rule in clayton's case, 1814 all e.r.i and section 61 of the indian contract act, so ..... no disallowance under this sub-section shall be made where any payment in a sum exceeding two thousand five hundred rupees is made otherwise than by a crossed cheque drawn on a bank or by crossed bank draft, in such cases and under such circumstances as may be prescribed, having regard to the nature and extent of banking facilities available, considerations of business expediency and other relevant factors. .....

Rajah Mulrazzu Lakshmi Venkiah Amma Rao Bahadur Vs. the Official Assig ...

Court : Chennai

Reported in : (1915)28MLJ403

..... or if b is a society or company whose affairs are in liquidation) and where the relation of creditor and debtor by contract or quasi contract cannot be established between a and b, a can recover his moneys preferentially on the principle of 'tracing ' in two cases (a) where a's money can be earmarked in the hands of b (as where the money of a was contained in a bag and the bag with the contained money in specie could be identified), (b) where any particular asset was purchased by b with that ..... the majority of the judges in re hallett's case held that the rule in clayton's case as to the appropriation of cheques drawn upon a bank to the moneys deposited therein in order of dates was not applicable where the dispute is between the official assignee of a trustee (b) and the cestui que trust (a) ..... that, however, is no authority for the proposition, that being a case where money stamped with the position of trust money was mixed with the insolvent's ..... to fulfil his obligations to the petitioner i would be inclined to apply the doctrine of 'tracing' and the doctrine of quasi charge even to the full limits indicated by lord dunedin in his judgment in the recent house of lords' case; but i do not see my way to differ from the findings of mr. ..... c 398, the well known birkbeck bank case and he endeavoured to find support for the proposition in various passages in the judgment of the ..... to the best of my ability the arguments advanced on both sides in this case and also the decisions quoted. .....

S. Sethuraman Vs. Union of India (Uoi), Owning the Southern Railway, R ...

Court : Chennai

Reported in : (1970)IILLJ632Mad

..... 97 indicating thereby that the payment was received in general and appropriated as such and applying the rule of appropriation in clayton's case the claim for the earlier period was wiped out and the balance claim represents the amount due for the later period. ..... do not see why a different principle should be applied (though the rule 2044 as such is not applicable) in a case where an order of dismissal is set aside or declared as illegal and a nullity by the civil court. ..... he goes on to give as his reason for considering that the english cases do not apply in the present case the fact that the english law requires words from which a promise to pay may be inferred, whereas the indian act requires words from which an admission of liability may ..... an account must be taken, and that there was a right to have it taken, it would be consistent with principle, and with the previously decided cases, that he must infer from that a promise to pay. ..... a promise to pay is inferred, so that the requirements of english law are, if anything more, and not less, stringent than those of indian law, which seems to be a bad reason for holding that the english cases have no application to the present enquiry. ..... it is unnecessary to refer to the wealth of the case law as to the interpretation of the language employed in a particular document and as so to whether it would constitute ..... of this decision has been followed and applied in the indian courts in numerous cases in varying contexts, vide subbaramayva v. .....

Flood Vs. Kuhn

Court : US Supreme Court

..... the court did not hesitate to "confess that the strength of the pull" of the baseball cases and of international boxing "is about equal," but then observed that "[f]ootball is a team sport" and boxing an ..... 445 (1957), was a civil clayton act case testing the application of the antitrust laws to ..... this quotation reveals four reasons for the court's affirmance of toolson and its companion cases: (a) congressional awareness for three decades of the court's ruling in federal baseball, coupled with congressional page 407 ..... to repeat the illustrations given by the court below, a firm of lawyers sending out a member to argue a case, or the chautauqua lecture bureau sending out lecturers, does not engage in such commerce because the lawyer or lecturer goes to ..... justice holmes' own opinion, for another unanimous court, on demurrer in a sherman act case, relating to cattle shipment, the interstate movement of which was interrupted for the finding of purchasers at the stockyards, swift & ..... out that the defendants relied on the two baseball cases, but also would have been content with a more restrictive interpretation of them than the shubert defendants, for the boxing defendants argued that the cases immunized only businesses that involve exhibitions of an athletic nature ..... the labor law issues have been in the corners of the case -- the courts below, for example, did not reach them -- moving in and out of the shadows like an uninvited guest at a party whom one can't decide either to embrace .....