Court : US Supreme Court
..... who said, "if he does, you will have to let him have it;" that later zevely had wahlberg, who did not know the bonds were for fall, send them to the designated bank; that the bonds were not given as a fee, but as a loan from sinclair; that, after fall's return from russia, he gave zevely a note for $25,000 which the latter ..... navy was to receive fuel oil for royalty oil; that so much of the royalty oil as was not exchanged for fuel oil would be used to obtain storage at places to be designated by the navy, and that the terms of the conversion should be submitted to the navy for approval as to qualities, deliveries, engineering, and other features involved. ..... owned half and half by two companies whose boards of directors were headed, respectively, by s, who represented the lessee in obtaining the fraudulent lease, and by another person who had acted with him, shortly before the purchase, in controlling the purchasing company in respect of other important transactions held, that the purchasing company must be presumed to have known that there ..... subject to the supervision of the president, but no general policy as to drilling or reserving lands located in a naval reserve shall be changed or adopted except upon consultation and in cooperation with the secretary or acting secretary of the navy. ..... such silence is to be ascertained were well stated by chief justice shaw in the celebrated case of commonwealth v. ..... officers of the navy, including commanders stuart, j. f. ..... commander stuart ..... commander .....
Tag this Judgment!Court : US Supreme Court
..... 323 certiorari to the circuit court of appeals for the fifth circuit syllabus between a labor organization which was the duly designated bargaining representative for the craft of engineers employed by certain carriers, and another which was the duly designated bargaining representative for the craft of firemen employed on the same lines, a dispute arose relative to the calling of men for emergency service as ..... right of the majority of a craft or class to determine who shall be the craft or class representative, 2, fourth; the right of the employees to designate as their representative one who is not an employee of the carrier, 2, third; the prohibition against "yellow dog" contracts, 2, fifth, are illustrative. ..... in view of the pattern of this legislation and its history the command of the act should be explicit and the purpose to afford a judicial remedy plain before an obligation enforceable in the courts should be implied ..... thus, by 5, first, congress provided that either party to a dispute might invoke the services of the mediation board in a "dispute concerning changes in rates of pay, rules, or working conditions not adjusted by the parties in conference," and any other "dispute not referable" to the adjustment board and "not adjusted in conference between the parties or where conferences are ..... as stated by chief justice hughes in that case: "freedom of choice in the selection of representatives on each side of the dispute is the essential foundation of page 320 u. .....
Tag this Judgment!Court : US Supreme Court
..... in such cases, orders commanding an affirmative act simply designate those actions that are capable ..... seem quite in accord with historical practice to enforce, by conditional incarceration or per diem fines, compliance with the last provision-a discrete command, observance of which is readily ascertained-using that same means to enforce the remainder of the order would be a novelty. ..... gompers suggests a possible dichotomy "between refusing to do an act commanded,-remedied by imprisonment until the party performs the required act; and doing an act forbidden,-punished by imprisonment for a definite term. ..... from this, the orders that underlay civil contempt fines or incarceration were usually mandatory rather than prohibitory, see gompers, supra, at 442, directing litigants to perform acts that would further the litigation (for example, turning over a document), or give effect to the court's judgment (for example, executing a deed of conveyance). ..... could avoid the fines through obedience, the court reasoned, the fines were civil and coercive and properly imposed in civil proceedings: "when a court orders a defendant to perform an affirmative act and provides that the defendant shall be fined a fixed amount for each day he refuses to comply, the defendant has control of his destiny. ..... not that the times, or our perceptions of fairness, have changed (that is in my view no basis 844 opinion of ginsburg, ..... justice ginsburg, with whom the chief justice joins, concurring in part and concurring .....
Tag this Judgment!Court : Supreme Court of India
..... a consideration for the use of, or the right to use: (a) any copyright of a literary, artistic or scientific work, including cinematograph films or films or tapes used for radio or television broadcasting, any patent, trade mark, 57 design or model, plan, secret formula or process, or for information concerning industrial, commercial or scientific experience, including gains derived from the alienation of any such right, property or information; (b) any industrial, commercial or scientific equipment, other ..... to make a copy of the software and storing the same in the hard disk of the designated computer and taking backup copy would amount to copyright work under section 14(1) of the copyright act and the payment made for the grant of the licence for the said purpose would constitute royalty ..... that after india took such positions qua the oecd commentary, no bilateral amendment was made by india and the other contracting states to change the definition of royalties contained in any of the dtaas that we are concerned with in these appeals, in accordance with its position ..... various commands which enable the computer to perform a designated task. ..... are quite apposite, though made in a different context: a software programme may consist of various commands which enable the computer to perform 132 a designated task. ..... tata consultancy services (271 itr401, the supreme court had held that a software programme may consist of various commands which enable the computer to perform a designated task. .....
Tag this Judgment!Court : US Supreme Court
..... the following are copies of official orders:" " [general order 153]" "navy department" "april 18, 1870" " secretaries to commanders-in-chief, clerks to commanding officers, and clerks to paymasters are officers of the navy, within the meaning of the law, and are therefore entitled, under orders from their appointing officers, to 10 cents ..... clerks, serving on board ships in commission, will receive orders which involve traveling expenses from their commanding officer, senior officers present, commander-in-chief, or from the department, as the case may be. ..... had served in the navy as follows: paymaster's clerk from october 10, 1861, to november 30, 1862, and from october 30, 1863, to march 5, 1864; acting assistant paymaster, from april 26, 1864, to july 23, 1866; passed assistant paymaster, from july 23, 1866, to february 27, 1869; paymaster, from february 27, ..... to officers for length of service, there is due and unpaid the claimant the sum of $8,178.01 if he be entitled to have credited to him under said act the time he served as paymaster's clerk as aforesaid, and the sum of $6,313.77 if he be not entitled to be so credited. ..... not been uniform as to the classification of paymasters' clerks and their designation as officers or otherwise, but in several regulations, orders, and official documents they have been designated as officers. ..... 311 "upon change of the law substituting actual expenses for mileage, the following order was issued: " " [general order 193]" "navy department" "april .....
Tag this Judgment!Court : US Supreme Court
..... 499 treats the exclusionary rule as a judge-made rule of evidence designed and utilized to enforce the majority's own notions of proper ..... . that decision was a sound application of accepted principles of common law and the command of the fifth amendment that no person shall be compelled to be a witness ..... . 498 (1925), entered a warehouse under the authority of a search warrant issued on a showing of probable cause that the prohibition act was being violated and naming "cases of whiskey" as the objects of search, it can scarcely be said that their discovery and seizure of barrels of whiskey and bottles and bottling equipment in plain view ..... ." the fifth amendment, in and of itself, directly and explicitly commands its own exclusionary rule -- a defendant cannot be compelled to give ..... 19, petitioner was arrested in his house for the murder, and, on that date, a warrant to search petitioner's automobile was applied for by the police chief and issued by the attorney general (who had assumed charge of the investigation and was later the chief prosecutor at the trial), acting as a justice of the peace. ..... was an almost indispensable instrumentality in large-scale violation of the national prohibition act, and the car itself therefore was treated somewhat as an offender, and ..... . the majority prefers instead to rely on "changing times" and the court's role, as it sees it, as the administrator in charge of regulating the contacts of ..... 45 cal.2d 590, 290 p.2d 505 (1955); see byars v .....
Tag this Judgment!Court : US Supreme Court
..... after tom man and rogers but not controlled by those decisions, the bia held to the contrary: when designating a country in step three as a place of deportation, there is no requirement that preliminary inquiry be addressed ..... (1) an alien shall be removed to the country of his choice (subparagraphs (a) to (c)), unless one of the conditions eliminating that command is satisfied; (2) otherwise he shall be removed to the country of which he is a citizen (subparagraph (d)), unless one of the conditions eliminating that command is satisfied; (3) otherwise he shall be removed to one of the countries with which he has a lesser connection (clauses (i) to (vi) of subparagraph (e)); or (4) if that is impracticable, inadvisable or impossible, he ..... (a) section 1231(b)(2) provides four consecutive removal commands: (1) an alien shall be removed to the country of his choice (subparagraphs (a) to (c)), unless a condition eliminating that command is satisfied; (2) otherwise he shall be removed to the country of which he is a citizen (subparagraph (d)), unless a condition eliminating that command is satisfied; (3) otherwise he shall be removed to a country with which he has a lesser connection (subparagraph (e), clauses (i) to (vi), including the country of his birth (clause iv)); or (4) if that is impracticable, ..... put simply, whether or not changes to other sections of the act or to the implementing regulations enlarged the class of aliens subject to the process is irrelevant to the question .....
Tag this Judgment!Court : UK Supreme Court
..... has said (in para 93) that the original stated purpose for which the director was given the right to take over the conduct of proceedings in the enactments that preceded the 1985 act was to ensure that cases which ought in the public interest to be pursued were not abandoned or inefficiently conducted because of lack of means on the part of the prosecutor or ..... cps at public expense of a prosecution and the pursuit by a private person of a prosecution at his own cost in terms of time, as well as at his own expense subject to the court's power under section 17 of the 1985 act to order reasonable compensation in respect of any expenses properly incurred in respect of proceedings for an indictable offence or in respect of a summary offence before a divisional court or the supreme court. ..... impossible to conclude therefore that there is anything about the discernible policy and object of the 1985 act which would be undermined by the change to the policy in relation to private prosecutions which the director has adopted. 85. ..... presumably, therefore, the reference to a 'reasonable' jury is designed to allow certain types of case to proceed even though it is well-known that juries find it ..... analysis, not only laws lj's dicta in duckenfield but also the court of appeal decision in scopelight ltd v chief constable of northumbria police force [2009] ewca civ 1156, [2010] qb 438 must be wrong. ..... the test as presently formulated seems to me designed to allow proper scope for the operation of the .....
Tag this Judgment!Court : US Supreme Court
..... under which it is insisted that a naval aid is entitled to mounted pay designates officers who either are, or may be, required to be mounted in the discharge of their duties, and likewise to "officers on duty which, in the opinion of the department commander, requires them to be mounted, and so certified by the latter on their ..... tried in the court of claims upon a petition filed to recover pay for services in the united states navy, rendered by the defendant in error while he was a lieutenant of the junior grade, and acting as aid to rear admiral watson, then serving with the rank of rear admiral in the nine higher numbers of that grade, and, under section 1466 of the revised statutes, entitled to rank with a ..... pay depends upon whether such pay is given to an officer whose duty requires him to be subject to mounted duty or whether it is a term used to designate the pay of aids whether they are required to render mounted service or not. ..... obviously the duties of an aid to a rear admiral are not such as to require him to render mounted service, and, as the navy personnel act only undertakes to afford a measure of compensation for duties which can properly be required of a naval officer, it can have no operation to provide ..... junior grade in the navy, corresponded in rank with a first lieutenant in the army (revised statutes, 1466), the rank of "master," named in 1466, being subsequently changed to lieutenant, junior grade. ..... the chief of staff, flag lieutenant, clerk, and aids shall .....
Tag this Judgment!Court : US Supreme Court
..... , shall be placed on board any ship for freight or safekeeping, the commanding officer shall sign bills of lading for the amount and be responsible for the same; that the usual percentage shall be demanded from the shippers, one-fourth of which goes to the commander in chief if he signifies to the commander of the ship in writing that he unites with the latter in the responsibility for the care of the ..... the order added that, in accordance with article 1510, navy regulations, the admiral assumed joint responsibility with the commanding officer, but called attention to the cable from the secretary which was attached. ..... reciting that the defendant was formed as an agency of the united states and that its functions would be substantially complete on june 30, 1919, ordered it to close its books and make a complete report as of that date, change its name to that which it now bears, and to perform such duties thereafter as the president might direct. ..... on the same day, the plaintiff received from admiral bristol, in command in turkish waters, an order purporting to direct the plaintiff to proceed to new york and to authorize him to receive the gold, stated to be the "property of the united states food administration (grain ..... by an executive order of june 21, 1918, the defendant was designated an agency of the united states under the control of the united states food administrator, ..... acceptance of the characterization of his act by the cable that he answered did not change the legal effect. .....
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