Judgment Search Results Home > Cases Phrase: coal mines nationalisation act 1973 chapter i preliminary Sorted by: recent Court: us supreme court Page 9 of about 138 results (0.171 seconds)

United States Vs. Leon

Court : US Supreme Court

..... deciding that question before turning to the good faith issue. [ footnote 26 ] indeed, it frequently will be difficult to determine whether the officers acted reasonably without resolving the fourth amendment issue. even if the fourth amendment question is not one of broad import, reviewing courts could decide in particular ..... purposes of the exclusionary rule. [ footnote 19 ] we have frequently questioned whether the exclusionary rule can have any deterrent effect when the offending officers acted in the objectively reasonable belief that their conduct did not violate the fourth amendment. "no empirical researcher, proponent or opponent of the rule has ..... , the district court granted the motions in part, concluding that the affidavit was insufficient to establish probable cause. although recognizing that officer rombach had acted in good faith, the court rejected the government's suggestion that the fourth amendment exclusionary rule should not apply where evidence is seized in reasonable .....

Sec'y of State of Md. Vs. Munson Co.

Court : US Supreme Court

..... facts, its vision proves sadly deficient. i dissent. [ footnote 3/1 ] see also united states v. raines, 362 u. s. 17 , 362 u. s. 21 (1960); carmichael v. southern coal & coke co., 301 u. s. 495 , 301 u. s. 513 (1937); yazoo & m. v. r. co. v. jackson vinegar co., 226 u. s. 217 , 226 u. ..... .rev. 1002, 1005 (1924). one might as a matter of original inquiry question whether an overbreadth challenge should ever be allowed, given that the declaratory judgment act and the availability of preliminary injunctive relief will usually permit a litigant to discover page 467 u. s. 978 the scope of constitutional protection afforded his activity without ..... fourteenth amendments of the united states constitution. id. at 26. the secretary questioned munson's standing to assert its claims. he urged that 103d is directed to acts of charitable organizations and, therefore, that only an organization of that kind can challenge the statute's constitutionality. the secretary also urged that munson's claims presented .....

Firefighters Vs. Stotts

Court : US Supreme Court

..... 1980 decree to prevent minority employment from being affected disproportionately by unanticipated layoffs," id. at 551, the court of appeals concluded that the district court had acted properly. after determining that the decree was properly approved in the first instance, the court held that the modification was permissible under general contract principles because ..... require hiring, reinstatement, admission to membership, or payment of backpay for anyone who was not fired, refused employment or advancement or admission to a union by an act of discrimination forbidden by this title. this is stated expressly in the last sentence of section 707(e) [enacted without relevant change as 706(g)]. . . ..... most complete relief possible. in dealing with the present 706(g), the courts have stressed that the scope of relief under that section of the act is intended to make the victims of unlawful discrimination whole, and that the attainment of this objective rests not only upon the elimination of the .....

Arizona Vs. California

Court : US Supreme Court

..... generally 1b j. moore & t. currier, moore's federal practice 0.401, 0.404[1] (1982) (hereinafter moore); cf. united states v. united states smelting refining & mining co., 339 u. s. 186 , 339 u. s. 199 (1950). a final judgment makes a difference. it marks a formal point at which considerations of economy, certainty, ..... allocation of the waters of the lower colorado river basin among the states -- was resolved by the distribution of waters intended by congress and written into the project act. the question of indian water rights -- an important, but ancillary, concern -- was also decided by recourse to congressional policy, rather than judicial equity. we ..... court has applied to disputes between states over entitlement to water from interstate streams. nor was the local law of prior appropriation necessarily controlling. the project act itself was held to have created a comprehensive scheme for the apportionment among california, nevada, and arizona of the lower basin's share of the mainstream .....

Eeoc Vs. Wyoming

Court : US Supreme Court

..... sovereignty, and (3) the states' compliance with the federal law would "directly impair their ability to structure integral operations in areas of traditional governmental functions.'" hodel v. virginia surface mining reclamation assn., 452 u. s. 264 , 452 u. s. 287 -288. page 460 u. s. 227 the first requirement is met in this case, but even assuming ..... significance that congress has not placed similar limits on itself in the exercise of its own sovereign powers. accordingly, i would hold the age discrimination in employment act (age act) unconstitutional as applied to the states, and affirm the judgment of the district court. i i begin by analyzing the commerce clause rationale, for it was ..... category as united states v. e. c. knight co., 156 u. s. 1 (1895), hammer v. dagenhart, 247 u. s. 251 (1918), and carter v. carter coal co., 298 u. s. 238 (1936) -- cases whose subsequent rejection is now universally regarded as proper. i think it so plain that national league of cities not only was .....

National Textile Workers' Union and Ors. Vs. P.R. Ramakrishnan and Ors ...

Court : Supreme Court of India

Reported in : AIR1983SC75; [1983]53CompCas184(SC); (1983)1CompLJ1(SC); (1983)ILLJ45SC; (1983)IIMLJ1(SC); 1982(2)SCALE1144; (1983)1SCC228; [1983]1SCR922

..... unions with suspicion, as conspiracies as they once did. the right to work, the right to collectively bargain and the right to strike are well recognised. after nationalisation of certain important and crucial industries by the successive labour governments, workers' participation in management has become a reality and today a considerable measure of workers' control ..... forms of forced labour are prohibited under article 23 and article 24 mandates that no child below the age of 14 may be employed in any factory or mine or engaged in any other hazardous employment. these two articles recently came up for construction before this court in people's union for democratic rights & ors. ..... for workmen who are likely to be affected by the winding-up order made by the court. section 15-a of the industrial (development and regulation) act, 1951 (act no. 65 of 1951) which applies to textile industry as well confers power on the central government to carry out investigation into the affairs of a company .....

Fidelity Fed. S. and L. Vs. De La Cuesta

Court : US Supreme Court

..... statutes. where congress has empowered an administrator to promulgate regulations, regulations intended to preempt state law have that effect unless the administrator exceeded his statutory authority or acted arbitrarily. pp. 458 u. s. 152 -154. (b) the language of the board's regulation, and especially the preamble thereto, clearly show the ..... bank board) ("we are loaning [savings associations] seven million dollars a week, and they are lending it pretty largely on homes of the type contemplated in the act"); tr. of oral arg. 4 (approximately 78% of savings and loan associations' assets are invested in mortgage loan contracts). moreover, congress directed that, in ..... and things of that kind, which puts them in a desperate situation." ibid. similarly, in response to concern expressed during the senate hearings that the act did not prohibit borrowers from obtaining financing and then renting the property, chairman stevenson observed: "that would be a matter of regulation. that could be .....

island Trees Sch. Dist. Vs. Pico by Pico

Court : US Supreme Court

..... of government in mind, it is helpful to assess the role of government as educator, as compared with the role of government as sovereign. when it acts as an educator, at least at the elementary and secondary school level, the government is engaged in inculcating social values and knowledge in relatively impressionable young ..... opinion, ante at 457 u. s. 859 , both parties substantially agreed about the motivation of the school board in removing the books: "[t]he board acted not on religious principles, but on its conservative educational philosophy and on its belief that the nine books removed from the school library and curriculum were irrelevant, ..... were indecent, in bad taste, and unsuitable for educational purposes." id. at 430. he also asserted that, in reaching its decision "the board [had] acted carefully, conscientiously and responsibly after according due process to all parties concerned." id. at 422. judge mansfield concluded that "the first amendment entitles students to reasonable .....

Larson Vs. Valente

Court : US Supreme Court

..... find the court's standing analysis wholly unconvincing, i respectfully dissent. i 456 u. s. 515, subd. 1(b), of the minnesota charitable solicitations act (act) because they have "plainly met" the case-or-controversy requirements of art. iii. ante at 456 u. s. 239 . this conclusion is ..... against abusive solicitations of the public by the organization. this premise runs directly contrary to the central thesis of the entire minnesota charitable solicitations act -- namely, that charitable organizations soliciting contributions from the public cannot be relied upon to regulate themselves, and that state regulation is accordingly necessary ..... contributing public and charitable beneficiaries against fraudulent practices in the solicitation of contributions for purportedly charitable purposes. a charitable organization subject to the act must register with the minnesota department of commerce before it may solicit contributions within the state. 309.52. with certain specified exceptions, .....

Western Coalfields Limited Vs. Special Area Development Authority, Kor ...

Court : Supreme Court of India

Reported in : AIR1982SC697; (1982)2CompLJ793(SC); 1981(3)SCALE1775; (1982)1SCC125; [1982]2SCR1

..... . apart from the fact that there is no data before us showing that the property tax constitutes an impediment in the achievement of the goals of the coal mines nationalisation act, the provisions of the m.p. act of 1973, under which special areas and special area development authorities are constituted afford an effective answer to the attorney general's contention. entry 23 of list ..... a lawful purpose. their property is their own and it vests in them. under section 5(1) of the coal mines (nationalisation) act, 26 of 1973, which applies in the instant case, the right title and interest of a nationalised coal mine vest, by direction of the central government, in the government company. if the lands and building on which respondent 1 has imposed the property tax .....