Judgment Search Results Home > Cases Phrase: clayton s case Sorted by: recent Court: us supreme court Page 1 of about 3,646 results (0.081 seconds)

Gurpreet Singh Vs. Union of India (Uoi)

Court : Supreme Court of India

Reported in : 2007(4)ALD105(SC); 2007(5)ALLMR(SC)475; (SCSuppl)2007(2)CHN40; 2007(3)CTC170; 2008(1)KLJ463; 2006(10)SCALE393; (2006)8SCC457

..... mulla proceeds to observe,in england, 'it has been considered a general rule since clayton's case that when a debtor makes a payment he may appropriate it to any debt he pleases, and the creditor ..... from us is indicated by the order of reference in the following words:having heard the learned counsel for the parties and having perused the aforesaid decisions, we are of the view that the normal rule that in case of a debt due with interest, any payment made by the debtor, in the first instance, is to be appropriated towards the satisfaction of interest and thereafter towards principal, subject to a contract to the contrary, is not excluded ..... court could have ordered the money to be paid over to the decree holder in partial discharge of the decree debt soon after the amount was deposited, the court stated, we think that in this case we ought to apply the analogy of the rules which relate to payment into court of money by the defendant in a suit, and that in this view the decisions of the courts below were correct and ..... referring to the decisions of the allahabad and patna high courts, referred to above, and the relevant portions of the commentaries from mulla on the code of civil procedure, held that in the case of a decree which awards interest on the principal, interest ceases to run on the amount deposited in the court under order xxi, rule 1(a) from the date the decree holder has notice of the deposit. ..... known in england as the rule in 'clayton's case' (1861) 1 mar.572: 35e.r. .....

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. .....

M/S. Industrial Credit and Development Syndicate Now Called I.C.D.S. L ...

Court : Supreme Court of India

Reported in : AIR1999SC1036; 1999(2)ALLMR(SC)434; [1999]96CompCas1(SC); JT1999(1)SC430; (1999)IIMLJ114(SC); 1999(1)SCALE393; (1999)3SCC80; [1999]1SCR555

..... 166 clayton's case, that where a debtor, owing several distinct debts to one person, makes a payment to him intimating that the payment is to be applied in discharge of particular debt, the creditor, if he accepts the payment, must apply it accordingly. ..... gam air (1922) pc 233 the rationale was explained thus: there are moneys that are received without a definite appropriation on the one side or on the other, and the rule which is well established in ordinary cases is that in those circumstances the money is first applied in payment of interest and then when that is satisfied in payment of the capital'. ..... the account submitted by the mortgagees clearly negatives the plea of the mortgagors.the same is the position in the instant case as earlier noticed and evident from the statement of accounts (annexure 'c') admittedly furnished to the judgment debtor immediately after payment of the amounts consequent upon the passing of decree. ..... the learned judge however referred to various circumstances which according to him indicated that the judgment-debtor in that case had made the payments only towards the principal amount and not towards the interest and costs.16. ..... : [1970]1scr523 reiterated the position of law and held that the normal rule was that in the case of a debt due with interest any payment made by the debtor was in the first instance to be applied towards satisfaction of interest and there-after to the principal. .....

Lexecon Inc. Vs. Milberg Weiss Bershad Hynes and Lerach

Court : US Supreme Court

..... on the introductory language explicitly overriding the "provisions of section 1404 or subsection (f)," which would otherwise, respectively, limit a district court to transferring a case "to any other district or division where it might have been brought," 1404(a), and limit the panel to prescribing rules "not inconsistent with acts of ..... a like use of blinders underlies the circuit majority's conclusion that the panel was not even authorized to remand the case under its rule 14(c), the terms of which condition the remand responsibility on a suggestion of the transferee court, a motion filed directly with the panel, or the ..... and since the transfer for trial was made on the authority of 1404(a), milberg argues, this case falls within the second category and should escape reversal because none of lexecon's substantial rights was ..... meantime, the arizona court had granted the law firms' 1404(a) motions to assign the case to itself for trial, and simultaneously had denied lexecon's motions to request the panel to ..... textual pointers reverse direction, for 1407 not only authorizes the panel to transfer for coordinated or consolidated pretrial proceedings, but obligates the panel to remand any pending case to its originating court when, at the latest, those pretrial proceedings have run their course. ..... are required because the cited provisions would otherwise conflict with the remainder of subsection (h) authorizing the panel to order trial of certain clayton act cases in the transferee court. .....

Tata Engineering and Locomotive Company Limited and Another Vs. the Mu ...

Court : Supreme Court of India

Reported in : AIR1992SC645; JT1991(6)SC322; 1991(2)SCALE1111; 1993Supp(1)SCC361; [1991]Supp2SCR445; [1992]86STC363(SC); 1992(1)LC264(SC)

..... subsequently exported beyond the octroi limits without breaking bulk, refunds shall, subject to the following rules, be granted at the rate originally charged at the time of import; provided that no such refunds shall, except in the case of timber imported and re-exported in log be granted unless such goods are exported within three months from the date on which octroi was levied.relying on this provision it was contended by the municipality that breaking ..... even as early as in 1816 with reference to money paid on account to a creditor, in clayton's case (1814) 23 all. e.r. ..... in form 4 referred to in rule 24 and deposit of the amount equivalent to octroi duty payable at the entry point, production of the goods for verification at the central octroi office are all consistent with its being applicable to a case where dutiable goods are imported for temporary detention and eventual export by a person having a bonded warehouse of his own contemplated in rule 14(1)(d) and not rule 14 (1) (e). ..... form 12(rule 25)written permission-cum-refund export passreceipt no.............date 19sl.no.monthand dateaddress of the importername and address cf the consigneedescription goodsquantity(number of bags or cases)grossweight1234567valuedeposit to be refundedhowexportedexit nakano.date & time by which the goods should reach the export nakawhethergoods sealed or escortgivenremarks891011121314*fee for written permission-cum-refund export pass rs..............miscellaneousreceipt no............ .....

Sampson Vs. Murray

Court : US Supreme Court

..... ]" the court, in its supplemental opinion filed after the government's petition for rehearing, further expanded its view of this aspect of the case: "the court's opinion does not hold, and the trial judge has not yet held, that interim relief is proper in mrs ..... . on such conditions as may be required and to the extent necessary to prevent irreparable injury, the reviewing court, including the court to which a case may be taken on appeal from or on application for certiorari or other writ to a reviewing court, may issue all necessary and appropriate process to postpone the effective date of an agency action or to preserve status or rights ..... appeals affirmed, rejecting the government's contention that the district court had no authority to grant temporary injunctive relief in this class of cases, and holding that the relief granted was within the permissible bounds of the district court's discretion ..... of authority to the ftc in clayton act cases thus could have been frustrated ..... neater to completely separate the question whether a district court has authority to issue any temporary injunctive relief at the behest of a discharged government employee from the question whether the relief granted in this case was proper, we do not believe the questions may be thus bifurcated into two water-tight compartments ..... : "[t]he commission is a governmental agency to which congress has entrusted, inter alia, the enforcement of the clayton act, granting it the power to order divestiture in appropriate cases .....

United States Vs. Falstaff Brewing Corp.

Court : US Supreme Court

..... decisions had implied that the effect on competition between the parties to the merger was not the only test of the illegality of a stock merger; the court had applied sherman act tests to clayton act cases and thus judged the effect of a merger on the industry as a whole; this incorporation of sherman act tests, with the accompanying 'rule of reason,' was inadequate for reaching some mergers ..... relevant market, where it has a strong incentive to enter the market de novo, and where it has the financial capabilities to do so, we have not hesitated to ascribe to it the role of an actual potential entrant in such cases, we have held that 7 prohibits an entry by acquisition, since such an entry eliminates the possibility of future actual competition which would occur if there were an entry de novo. ..... is no exception [to the 'clearly erroneous' rule of appellate review] which permits [the government], even in an antitrust case, to come to this court for what virtually amounts to a trial de novo on the record of such findings ..... as a practitioner and as a judge, i have more than once felt that a closely contested government antitrust case, decided below in favor of the defendant, has foundered in this court for lack of an illuminating opinion ..... the district court dismissed the government's resultant suit charging violation of 7 of the clayton act, finding that entry by acquisition, which the court found was the only way that respondent intended to penetrate the new england market, would not .....

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 .....

Powell Vs. Mccormack

Court : US Supreme Court

..... 's] proceedings are in conformity with the constitution and laws because, living under a written constitution, no branch or department of the government is supreme, and it is the province and duty of the judicial department to determine, in cases regularly brought before them, whether the powers of any branch of the government, and even those of the legislature in the enactment of laws, have been exercised in conformity to the constitution, and, if they have not, to ..... unequivocally that the house will not expel a member for misconduct committed during an earlier congress: "[i]t must be said that with practical uniformity the precedents in such cases are to the effect that the house will not expel a member for reprehensible action prior to his election as a member, not even for conviction for ..... argument fails to grasp that the reason for the dismissal in alejandrino was not that alejandrino's deprivation of salary was insufficiently substantial to prevent the case from becoming moot, but rather that his failure to plead sufficient facts to establish his mandamus claim made it impossible for any court to resolve ..... to respondents jennings, johnson, and miller, the judgment of the court of appeals for the district of columbia circuit is reversed, and the case is remanded to the united states district court for the district of columbia with instructions to enter a declaratory judgment and for further proceedings consistent ..... ] eckhardt, the adam clayton powell case, 45 texas l.rev .....

United States Vs. Third Nat'l Bank of Nashville

Court : US Supreme Court

..... " [ footnote 6 ] from those findings, and from the broad picture of nashville bank's history and operations which emerges from the testimony and exhibits in this case, it appears that the principal reason was that key members of its management, the men who had been responsible for the bank's progress in the late 1950s, had advanced ..... the procedural provisions of the 1966 act, holding that the bank merger act provided for continued scrutiny of bank mergers under the sherman act and the clayton act, but had created a new defense, with the merging banks having the burden of proving that defense. ..... for a comparatively minor violation of the clayton act, like that in this case, obviously may be more readily outweighed by factors relating to "convenience and needs" ..... standard for bank cases, and therefore the district court applied an erroneous clayton act standard to ..... appraised by the test enunciated in recent clayton act cases, the page 390 u. s. ..... case, which was decided before our decision in houston bank, supra, the district court either omitted the first of the two indicated procedural steps or concluded, incorrectly, that the merger would not violate the clayton ..... act to this case, the first question is whether the merger, as an antitrust matter, would violate the clayton act. ..... case, the united states appeals from a district court decision [ footnote 1 ] upholding the merger of third national bank in nashville and nashville bank and trust company against challenge under 7 of the clayton .....