Judgment Search Results Home > Cases Phrase: commission of anticipation Page 1 of about 6,075 results (0.029 seconds)

Sec Vs. Chenery Corp.

Court : US Supreme Court

..... but we did not mean to imply thereby that the failure of the commission to anticipate this problem and to promulgate a general rule withdrew all power from that agency to perform page ..... a plan for the reorganization of a holding company under the public utility holding company act of 1935, the securities and exchange commission required that preferred stock purchased by the management without fraud or concealment while plans of reorganization were before the commission should not be converted into stock of the reorganized company, like other preferred stock, but should be surrendered at cost plus ..... ) what are we to make of this reiterated deference to "administrative experience" when, in another context, the court says, "hence, we refuse to say that the commission, which had not previously been confronted with the problem of management trading during reorganization, was forbidden from utilizing this particular proceeding for announcing and applying a new standard ..... court's earlier decision held only that the requirement could not be supported on the sole ground stated by the commission in its first order, and, on remand for such further proceedings as might be appropriate, the commission was not precluded in the performance of its administrative function from reaching the same result on proper and relevant ..... the commission's action was not precluded by the fact that the commission had not anticipated this problem and adopted a general rule or regulation governing management trading .....

Kennedy Vs. the Charity Commission

Court : UK Supreme Court

..... are, moreover, of considerable public interest, the court finds it striking that none of the commission's decisions was published, whether in an electronic database or in any other form", and that consequently much of the commission's anticipated difficulty in providing copies of numerous decisions over a lengthy period was generated by its own ..... result, according to the majority, is that, confronted with a request such as that of mr kennedy for disclosure of the material in the exercise of its functions and in the performance of its duties under sections 1c and 1d of the 1993 act, the commission has a duty to accede to it in the absence of persuasive countervailing considerations (lord mance, at paras 49 and 56); and that a refusal to disclose could be the subject of challenge in the form of judicial review by a high court judge ..... have done in previous cases: see, for instance, in relation to the meaning of jurisdiction under article 1: r (al-skeini) v secretary of state for defence [2007] ukhl 26, [2008] ac 153, r (smith) v oxfordshire assistant deputy coroner (equality and human rights commission intervening) [2010] uksc 29, [2011] 1 ac 1 and smith v ministry of defence (justice intervening) [2013] uksc 41, [2014] 1 ac 52; to the scope of the operational duty to safeguard life under article 2: rabone v pennine care nhs trust ( ..... . one might have anticipated lively argument on behalf of the commission in that respect, as in others, had it to date been necessary to proceed to consider .....

National thermal Power Vs. West Bengal State Electricity

Court : Central Electricity Regulatory Commission CERC

..... this background, the petitioner has contended that revision of o&m expenses is warranted in any case since those approved by the commission were anticipated provisional, based as they were on anticipated "employee cost" which exceeded the actual expenses.no one else but the petitioner is responsible for this. ..... the tariff for the period 1.4.2001 to 31.3.2004 was regulated in terms of the central electricity regulatory commission (terms and conditions of tariff) regulations, 2001 notified on 26.3.2001 (hereinafter referred to as "the ..... therefore, the petitioner has suggested that the normalized cost arrived at by the commission should have excluded the actual employee cost data for the years 1995-96 and 1996-97 as it did not represent the normal employee cost by reason of revision with effect from 1.1.1997 and the ..... 1999-2000 was deemed to have been decided by the order dated 6.8.2003 since the petitioner is deemed to have made it a ground for claim for o&m expenses as it could and ought to have placed before the commission actual "employee cost" data for the years 1997-98 to 1999-2000." 13. ..... application was disposed of by order dated 4.8.2005 when the commission determined the final tariff for the period in question. ..... in support of its claim for revision of o&m expenses has relied upon the observations made in the order dated 21.12.2000, which according to the petitioner granted it liberty to approach the commission for reimbursement of actual expenses with proper justification.5. .....

Goodyear Atomic Corp. Vs. Miller

Court : US Supreme Court

..... compels the conclusion that the state court's judgment was "final" within the meaning of 1257, even though further proceedings before the commission are anticipated, since the judgment finally determined the federal preemption question, and a reversal of that judgment would preclude any further proceedings. ..... section 290 provides that a state authority charged with enforcing "workmen's compensation laws," which in ohio is the industrial commission, "shall have the power and authority to apply such laws" to federal premises "in the same way and to the same extent as if said premises were under the exclusive jurisdiction ..... of ohio syllabus appellee miller, an employee of appellant at an ohio nuclear production facility owned by the united states but operated by appellant, a private contractor, received a workers' compensation award from appellee ohio industrial commission (commission) for injuries sustained in a fall allegedly caused by a bolt protruding from the scaffold on which he was working. ..... there are thousands of such requirements in the administrative rules adopted by the ohio industrial commission's division of safety and hygiene, which in their current version run to well over 200 double-columned pages of meticulous prescriptions, illustrated in minute detail with diagrams, graphs, and charts, see ohio admin ..... the judgment of the ohio supreme court requires that the industrial commission consider appellee's claim that his injury was caused by a failure to comply with a .....

Thor Power Tool Vs. Commissioner

Court : US Supreme Court

..... ) (reserve to cover expected liability for unearned commissions on anticipated insurance policy cancellations); lucas v. ..... the chart assumes that 100 units of each of five hypothetical items were on hand at the end of 1964, but that the number of units sold or used in that year varied from 20-100: bwm: anticipated demand units on units sold percent of hand at or used 0-12 13-18 19-24 +24 write- item 12-31-64 in 1964 months months months months down a 100 20 20 10 10 60 0% 50% 75% 100% --- --- --- ---- 0 5 7.5 60 = 72.5 b 100 40 40 20 20 20 --- --- --- ---- 0% 50% 75% 100% o 10 15 20 = 45.0 c 100 60 60 30 10 0 0% 50% 75% 100% --- --- --- ---- 0 15 7.5 0 = 22.5 d 100 80 80 20 0 0 0% 50% 75% 100% --- --- --- ---- 0 10 0 0 = 10.0 e 100 100 100 0 0 0 0% 50% 75% 100% --- --- --- ---- o o o o = 0.0 ewm: [ footnote 5 ] "so ..... reasonable" addition is the amount necessary to bring the reserve balance up to the level that can be expected to cover losses properly anticipated on debts outstanding at the end of the tax year. ..... thor cannot write down its inventory, in the absence of objective evidence of lower value, because of an anticipated future loss, so the taxpayer in united states cartridge could not be required to write up its inventory, in the absence of objective evidence of higher value, because of an anticipated future gain. ..... confronted with the problem, as anybody in the manufacturing field [would be], of trying to develop a relationship between inventory quantity and anticipated usage. .....

Colorado Interstate Gas Co. Vs. Fpc

Court : US Supreme Court

..... not recede from the views therein stated that hope provides no workable basis of judicial review, no key by which commissions can anticipate what rule, if any, will control our review, and no guidance to counsel as to what issues they should ..... that the exemption of the production of natural gas from regulation was thought by the regulatory authorities themselves to exclude regulation, by the commission, of the price of gas in the producing field appears from the hearings upon the predecessor bill, [ footnote 2/2 ] which contained provisions identical with or substantially equivalent to 5(b), 6(a), 9(a), and 10(a) of the act ..... interstate excess revenue revenues costs over costs regulated $4,438,000 $2,373,000 $2,065,000 unregulated 1,335,000 1,204,000 131,000 the commission did not include in the rate reductions which it ordered any of the excess revenues over costs from the unregulated business. ..... of the government's construction aided by reference to the provisions of the act [ footnote 2/1 ] giving the commission power to make investigations, to regulate accounts, to gather information, and to find values of property of natural ..... that distinction is emphasized, it is said, by the proviso in 9(a) that "nothing in this section shall limit the power of a state commission to determine in the exercise of its jurisdiction, with respect to any natural gas company, the percentage rates of depreciation or amortization to be allowed, as to any class of property of such natural gas company, .....

Kishanlal Sindhi Vs. Executive Officer, Notified Area Council

Court : Orissa

Reported in : 48(1979)CLT542; 1980CriLJ365

..... it would be imposition of a sentence in anticipation of commission of an offence in future which is clearly not authorised by law - vide (1956) 22 cut lt 202 (rajballav mishra v. ..... the legal position is well settled that the imposition of a daily fine in anticipation of an offence being committed is illegal. ..... the second contention is that the imposition of daily fine in anticipation of an offence being committed is illegal. .....

Mohanan Vs. Director of Homeopathy

Court : Kerala

Reported in : 2006(3)KLT641; 2006(6)AIRKarR220(FB)(Ker)

..... lists under rule 13 and certified to be as such by the appointing authorities reporting vacancies to the public service commission.note: the prolongation under the fifth proviso to rule 13 shall not be deemed to be part of the normal period of validity of the ranked list under rule 13.the argument is that ..... priority, if any, and in the order of merit subject to the rules of reservation and rotation, wherever they are applicable:provided that the advice of candidates by the commission from the ranked lists kept alive under the fifth proviso to rule 13, shall be confined to the vacancies that actually arose during the normal period of validity of the ranked ..... direct recruitment is a process originally emanating in the ascertainment of the number of vacancies available or anticipated requesting the commission to notify the vacancies, the commission issuing a notification pursuant thereto, application by candidates desiring to apply, the consideration of the applications, written examination if necessary, as well as interview if necessary, preparations ..... or the government order pending the selection should not affect the validity of the selection made by the selecting authority or the public service commission unless the amended rules or the amended government orders, issued in exercise of its statutory power either by express provision or by necessary intendment indicate that amended rules shall .....

Vivek Kaisth Vs. The State Of Himachal Pradesh

Court : Supreme Court of India

..... the first direction is regarding the additional vacancies, which were to be 2/3rd of the actual and anticipated vacancies and second direction was the joint exercise to be undertaken by the state commission, state government and the high court in determining and filling these vacancies. ..... bench of the himachal pradesh high court was dealing with the selection of civil judge (junior division) in the state for the year 2010, and it was of the opinion that apart from clear and anticipated vacancies, the commission should prepare a select list of some additional candidates. ..... sir, i am directed to refer to the subject cited above and to enclose herewith a copy of letter number3- 50/2012-psc(e-i) dated 11 october, 2013 received from secretary, hp public service commission vide which select list of 08 candidates (06 against clear cut and 02 against anticipated vacancies) for the 5 appointment as civil judge (jr. ..... , clear and anticipated vacancies, even though the public service commission may have prepared a longer merit list than it was required to do.24. ..... therefore, there will be a direction to the public service commission to publish a revised select list of the candidates from the year 2010 merit list by including 2/3 of the actual and anticipated vacancies.6. ..... public service commission will publish a revised select list of the candidates from the year 2010 merit list by including 2/3 of the actual and anticipated vacancies. .....

Baltimore and Ohio R. Co. Vs. United States

Court : US Supreme Court

..... considers that these protective conditions are being violated, or that a violation will result from the effectuation of a tariff publication in which the merged company participates, they may (individually or collectively) file a complaint with the commission, board of suspension, and with the merged company, specifying the rate, route, practice, privilege, or such matters constituting the alleged violation and setting forth in a statement verified by an appropriate official of the complainant all ..... n & w, some evidence of adverse effect from penn-central seems probable in light of commissioner webb's refusal to deduct from the value of the three roads the losses anticipated through diversion of traffic to penn-central, because "n & w has resisted corresponding adjustments in its own earnings despite its admissions that it would suffer serious losses of traffic to ..... we are here concerned with 5(2)(c) of the act, which governs railroad mergers and provides: "in passing upon any proposed transaction under the provisions of this paragraph, the commission shall give weight to the following considerations, among others: (1) the effect of the proposed transaction upon adequate transportation service to the public; (2) the effect upon the public interest of ..... the petitioners should not be penalized for anticipating the commission's desire to preserve rail competition in ..... commission has indicated that it anticipated ..... footnote 4/5 ] it is anticipated that a commission order will be entered .....