Array ( [0] => ..... footnote 7 ] the moving force behind the snail darter's sudden fame came some four months after its discovery, when the congress passed the endangered species act of 1973 (act), 87 stat. 884, 16 u.s.c. 1531 et seq. (1976 ed.). this legislation, among other things, authorizes the secretary of the interior ..... 18, 1978 decided june 15, 1978 437 u.s. 153 certiorari to the united states court of appeals for the sixth circuit syllabus the endangered species act of 1973 (act) authorizes the secretary of the interior (secretary) in 4 to declare a species of life "endangered." section 7 specifies that all "federal departments and agencies ..... terminal phases of ongoing projects. at various times before, during, and after the foregoing judicial proceedings, tva represented to congressional appropriations committees that the act did not prohibit completion of the tellico project. and described its efforts to transplant the snail darter. the committees consistently recommended appropriations for the dam, ..... [1] => ..... that, if a state could so prefer its own economic wellbeing to that of the nation as a whole, "pennsylvania might keep its coal, the northwest its timber, [and] the mining states their minerals," so that "embargo may be retaliated by embargo" with the result that "commerce [would] be halted at state lines ..... of their employment status, education, or training, a flat employment preference for all jobs covered by the act. a highly skilled and educated resident who has never been unemployed is entitled to precisely the same preferential treatment as the unskilled, habitually unemployed arctic eskimo ..... were "a peculiar source of evil," toomer and mullaney compel the conclusion that alaska hire nevertheless fails to pass constitutional muster. for the discrimination the act works against nonresidents does not bear a substantial relationship to the particular "evil" they are said to present. alaska hire simply grants all alaskans, regardless ..... [2] => ..... that may contradict the good faith and reasonable basis of the affiant's allegations. the pre-search proceeding will frequently be marked by haste, because of the understandable desire to act before the evidence disappears; this urgency will not always permit the magistrate to make an extended independent examination of the affiant or other witnesses. third, the alternative sanctions of a ..... enforcing its laws against the successful petitioner to relitigate facts buried in the remote past through presentation of witnesses whose memories of the relevant events often have dimmed. this very act of trying stale facts may well, ironically, produce a second trial no more reliable as a matter of getting at the truth than the first." id. at 401 u. s ..... [3] => ..... preferences where not otherwise required or prohibited by the constitution. representative macgregor addressed directly the problem of preferential treatment: "your mail and mine, your contacts and mine with our constituents, indicates a great degree of misunderstanding about this bill. people complain about racial 'balancing' in the public schools, ..... undercuts the likelihood that congress intended to limit voluntary efforts to implement similar measures. for example, 7(a) of the national science foundation authorization act, 1977, provides: "the director of the national science foundation shall initiate an intensive search for qualified women, members of minority groups, and ..... is consistent with the equal protection component of the fifth amendment, and therefore with the fourteenth amendment. to the extent that congress acted pursuant to 5 of the fourteenth amendment, those cases impliedly recognize that congress was empowered under that provision to accord preferential treatment to ..... [4] => ..... force. the commission certainly should consider it as it develops standards in this area. but it is not sufficiently strong to leave the commission powerless to act in circumstances such as those in this case. the commission's holding does not prevent willing adults from purchasing carlin's record, from attending his performances, ..... our society has a tradition of performing certain bodily functions in private, and of severely limiting the public exposure or discussion of such matters. verbal or physical acts exposing those intimacies are offensive irrespective of any message that may accompany the exposure. [ footnote 24 ] with respect to other types of speech, the court ..... had previously been located in other titles of the united states code, the prohibition against obscene, indecent, and profane broadcasts was removed from the communications act and reenacted as 1464 of title 18. 62 stat. 769 and 866. that rearrangement of the code cannot reasonably be interpreted as having been intended ..... [5] => ..... (supra) was in that respect expressly over-ruled by the majority in r.c. cooper v. union of india : [1970]3scr530 , known generally as the bank nationalisation case. in sambhu nath sarkar v. the state of west bengal and ors. : [1974]1scr1 , it was held by a seven judge bench that the law ..... . the full text of the reference is as follows:whereas certain commissions of inquiry appointed by the central government under the commissions of inquiry act, 1952 (central act 60 of 1952) have submitted reports which indicate that there is reason to believe that various offences have been committed by persons holding high political ..... the preamble, is all dark shadows which, when read imaginatively, leads to situations plausible, even probable and readily presumable. imagine, then, the ubiquitous police, acting under the inscrutable yet omnipotent powers of the misa, seizing humans allergic to authority and casting them into interminable incarceration in hidden prisons, without any justiciable reasons ..... [6] => ..... a statute page 439 u. s. 126 which attempts to confer such power undertakes an intolerable and unconstitutional interference with personal liberty and private property." carter v. carter coal co., 298 u. s. 238 , 298 u. s. 311 . more recently, the court has applied these principles in procedural due process contexts similar to ..... decided december 5, 1978* 439 u.s. 96 appeal from the united states district court for the central district of california syllabus the california automobile franchise act (act) requires an automobile manufacturer to obtain approval of the california new motor vehicle board (board) before opening or relocating a retail dealership within the market area ..... the form of a board determination that there is good cause for not permitting a proposed dealership do not violate the sherman act, eastern railroad presidents conference v. noerr motor freight, inc., 365 u. s. 127 (1961), and mine workers v. pennington, 381 u. s. 657 , 381 u. s. 670 (1965). [ footnote 15 ] appellees ..... [7] => ..... death penalty but, with the greatest respect to them and in all humility, i cannot persuade myself to concur with the view taken by them. mine is unfortunately a solitary dissent and it is therefore, with a certain amount of hesitation that i speak but my initial diffidence is overcome by my ..... highly controversial area of death penalty, with all its complexity, vast implications and manifold ramifications, even all the judges sitting cloistered in this court and acting unanimously, cannot assume the role which properly belongs to the chosen representatives of the people in parliament, particularly when judges have no divining rod to divine ..... planning for fair-play of judicial discretion to take care of the variable, unpredictable circumstances of the individual cases, relevant to individualised sentencing. when judges, acting individually or collectively, in their benign anxiety to do what they think is morally good for the people, take upon themselves, the responsibility of setting down ..... [8] => ..... was necessary to effectuate congress' determination page 443 u. s. 440 that the confidentiality of communications intercepted under title iii of the omnibus crime control and safe streets act of 1968, 18 u.s.c. 2510 et seq., be preserved prior to the determination that such communications were lawfully intercepted. united states v. cianfrani, 573 f ..... the sources upon which the court relies do not concern suppression hearings. they concern hearings to determine probable cause to bind a defendant over for trial. e.g., indictable offences act, 11 & 12 vict., ch. 42, 17, 19 (1848); cal.penal code ann. 868 (west supp. 1979). such proceedings are not critical to the criminal ..... special status of members of the press as such, but rather page 443 u. s. 398 because, "[i]n seeking out the news, the press . . . acts as an agent of the public at large," each individual member of which cannot obtain for himself "the information needed for the intelligent discharge of his political responsibilities." id. ..... [9] => ..... the amended article 31c. the case of the union of india is and tiiat is supported by the legislative declaration contained in section 39 of the nationalisation act, that this act was enacted for giving effect to the policy of the state towards securing the principles specified in clause (b) of article 39 of the constitution. ..... managed in a manner highly detrimental to public interest.10. by these petitions, the petitioners challenge the constitutional validity of certain provisions of the sick textile undertakings (nationalisation) act and of the order dated october 19, 1971. we are not concerned with the merits of that challenge at this stage. the petitioners further challenge the ..... the chief justice and the other three learned judges or if i was not inclined so to agree, then persuade them to change their view and agree with mine. that is the essence of judicial collectivism. it is, to my mind, essential that a judgment of a court should be the result of collective deliberation ..... ) Coal Mines Nationalisation Act 1973 Chapter I Preliminary - Sortby Old - Court Us Supreme Court - Page 4 - Judgments | SooperKanoon Skip to content


Judgment Search Results Home > Cases Phrase: coal mines nationalisation act 1973 chapter i preliminary Sorted by: old Court: us supreme court Page 4 of about 138 results (0.207 seconds)

Jun 15 1978 (FN)

Tennessee Valley Auth. Vs. Hill

Court : US Supreme Court

..... footnote 7 ] the moving force behind the snail darter's sudden fame came some four months after its discovery, when the congress passed the endangered species act of 1973 (act), 87 stat. 884, 16 u.s.c. 1531 et seq. (1976 ed.). this legislation, among other things, authorizes the secretary of the interior ..... 18, 1978 decided june 15, 1978 437 u.s. 153 certiorari to the united states court of appeals for the sixth circuit syllabus the endangered species act of 1973 (act) authorizes the secretary of the interior (secretary) in 4 to declare a species of life "endangered." section 7 specifies that all "federal departments and agencies ..... terminal phases of ongoing projects. at various times before, during, and after the foregoing judicial proceedings, tva represented to congressional appropriations committees that the act did not prohibit completion of the tellico project. and described its efforts to transplant the snail darter. the committees consistently recommended appropriations for the dam, .....

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Jun 22 1978 (FN)

HicklIn Vs. Orbeck

Court : US Supreme Court

..... that, if a state could so prefer its own economic wellbeing to that of the nation as a whole, "pennsylvania might keep its coal, the northwest its timber, [and] the mining states their minerals," so that "embargo may be retaliated by embargo" with the result that "commerce [would] be halted at state lines ..... of their employment status, education, or training, a flat employment preference for all jobs covered by the act. a highly skilled and educated resident who has never been unemployed is entitled to precisely the same preferential treatment as the unskilled, habitually unemployed arctic eskimo ..... were "a peculiar source of evil," toomer and mullaney compel the conclusion that alaska hire nevertheless fails to pass constitutional muster. for the discrimination the act works against nonresidents does not bear a substantial relationship to the particular "evil" they are said to present. alaska hire simply grants all alaskans, regardless .....

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Jun 26 1978 (FN)

Franks Vs. Delaware

Court : US Supreme Court

..... that may contradict the good faith and reasonable basis of the affiant's allegations. the pre-search proceeding will frequently be marked by haste, because of the understandable desire to act before the evidence disappears; this urgency will not always permit the magistrate to make an extended independent examination of the affiant or other witnesses. third, the alternative sanctions of a ..... enforcing its laws against the successful petitioner to relitigate facts buried in the remote past through presentation of witnesses whose memories of the relevant events often have dimmed. this very act of trying stale facts may well, ironically, produce a second trial no more reliable as a matter of getting at the truth than the first." id. at 401 u. s .....

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Jun 28 1978 (FN)

Regents of Univ. of California Vs. Bakke

Court : US Supreme Court

..... preferences where not otherwise required or prohibited by the constitution. representative macgregor addressed directly the problem of preferential treatment: "your mail and mine, your contacts and mine with our constituents, indicates a great degree of misunderstanding about this bill. people complain about racial 'balancing' in the public schools, ..... undercuts the likelihood that congress intended to limit voluntary efforts to implement similar measures. for example, 7(a) of the national science foundation authorization act, 1977, provides: "the director of the national science foundation shall initiate an intensive search for qualified women, members of minority groups, and ..... is consistent with the equal protection component of the fifth amendment, and therefore with the fourteenth amendment. to the extent that congress acted pursuant to 5 of the fourteenth amendment, those cases impliedly recognize that congress was empowered under that provision to accord preferential treatment to .....

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Jul 03 1978 (FN)

Fcc Vs. Pacifica Foundation

Court : US Supreme Court

..... force. the commission certainly should consider it as it develops standards in this area. but it is not sufficiently strong to leave the commission powerless to act in circumstances such as those in this case. the commission's holding does not prevent willing adults from purchasing carlin's record, from attending his performances, ..... our society has a tradition of performing certain bodily functions in private, and of severely limiting the public exposure or discussion of such matters. verbal or physical acts exposing those intimacies are offensive irrespective of any message that may accompany the exposure. [ footnote 24 ] with respect to other types of speech, the court ..... had previously been located in other titles of the united states code, the prohibition against obscene, indecent, and profane broadcasts was removed from the communications act and reenacted as 1464 of title 18. 62 stat. 769 and 866. that rearrangement of the code cannot reasonably be interpreted as having been intended .....

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Dec 01 1978 (SC)

In Re: the Special Courts Bill, 1978

Court : Supreme Court of India

Reported in : AIR1979SC478; (1979)1SCC380; [1979]2SCR476

..... (supra) was in that respect expressly over-ruled by the majority in r.c. cooper v. union of india : [1970]3scr530 , known generally as the bank nationalisation case. in sambhu nath sarkar v. the state of west bengal and ors. : [1974]1scr1 , it was held by a seven judge bench that the law ..... . the full text of the reference is as follows:whereas certain commissions of inquiry appointed by the central government under the commissions of inquiry act, 1952 (central act 60 of 1952) have submitted reports which indicate that there is reason to believe that various offences have been committed by persons holding high political ..... the preamble, is all dark shadows which, when read imaginatively, leads to situations plausible, even probable and readily presumable. imagine, then, the ubiquitous police, acting under the inscrutable yet omnipotent powers of the misa, seizing humans allergic to authority and casting them into interminable incarceration in hidden prisons, without any justiciable reasons .....

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Dec 05 1978 (FN)

New Motor Vehicle Bd. Vs. OrrIn W. Fox Co.

Court : US Supreme Court

..... a statute page 439 u. s. 126 which attempts to confer such power undertakes an intolerable and unconstitutional interference with personal liberty and private property." carter v. carter coal co., 298 u. s. 238 , 298 u. s. 311 . more recently, the court has applied these principles in procedural due process contexts similar to ..... decided december 5, 1978* 439 u.s. 96 appeal from the united states district court for the central district of california syllabus the california automobile franchise act (act) requires an automobile manufacturer to obtain approval of the california new motor vehicle board (board) before opening or relocating a retail dealership within the market area ..... the form of a board determination that there is good cause for not permitting a proposed dealership do not violate the sherman act, eastern railroad presidents conference v. noerr motor freight, inc., 365 u. s. 127 (1961), and mine workers v. pennington, 381 u. s. 657 , 381 u. s. 670 (1965). [ footnote 15 ] appellees .....

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May 04 1979 (SC)

Bachan Singh S/O Saudagar Singh Vs. State of Punjab

Court : Supreme Court of India

Reported in : (1982)3SCC24; 19831SCR145;

..... death penalty but, with the greatest respect to them and in all humility, i cannot persuade myself to concur with the view taken by them. mine is unfortunately a solitary dissent and it is therefore, with a certain amount of hesitation that i speak but my initial diffidence is overcome by my ..... highly controversial area of death penalty, with all its complexity, vast implications and manifold ramifications, even all the judges sitting cloistered in this court and acting unanimously, cannot assume the role which properly belongs to the chosen representatives of the people in parliament, particularly when judges have no divining rod to divine ..... planning for fair-play of judicial discretion to take care of the variable, unpredictable circumstances of the individual cases, relevant to individualised sentencing. when judges, acting individually or collectively, in their benign anxiety to do what they think is morally good for the people, take upon themselves, the responsibility of setting down .....

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Jul 02 1979 (FN)

Gannett Co., Inc. Vs. Depasquale

Court : US Supreme Court

..... was necessary to effectuate congress' determination page 443 u. s. 440 that the confidentiality of communications intercepted under title iii of the omnibus crime control and safe streets act of 1968, 18 u.s.c. 2510 et seq., be preserved prior to the determination that such communications were lawfully intercepted. united states v. cianfrani, 573 f ..... the sources upon which the court relies do not concern suppression hearings. they concern hearings to determine probable cause to bind a defendant over for trial. e.g., indictable offences act, 11 & 12 vict., ch. 42, 17, 19 (1848); cal.penal code ann. 868 (west supp. 1979). such proceedings are not critical to the criminal ..... special status of members of the press as such, but rather page 443 u. s. 398 because, "[i]n seeking out the news, the press . . . acts as an agent of the public at large," each individual member of which cannot obtain for himself "the information needed for the intelligent discharge of his political responsibilities." id. .....

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May 09 1980 (SC)

Minerva Mills Ltd. and ors. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR1980SC1789; (1980)3SCC625; [1981]1SCR206; 1980(12)LC727(SC)

..... the amended article 31c. the case of the union of india is and tiiat is supported by the legislative declaration contained in section 39 of the nationalisation act, that this act was enacted for giving effect to the policy of the state towards securing the principles specified in clause (b) of article 39 of the constitution. ..... managed in a manner highly detrimental to public interest.10. by these petitions, the petitioners challenge the constitutional validity of certain provisions of the sick textile undertakings (nationalisation) act and of the order dated october 19, 1971. we are not concerned with the merits of that challenge at this stage. the petitioners further challenge the ..... the chief justice and the other three learned judges or if i was not inclined so to agree, then persuade them to change their view and agree with mine. that is the essence of judicial collectivism. it is, to my mind, essential that a judgment of a court should be the result of collective deliberation .....

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