Judgment Search Results Home > Cases Phrase: commission of anticipation Page 4 of about 6,075 results (0.026 seconds)

SpaIn Vs. Hamilton's Administrator

Court : US Supreme Court

..... fund designated and appropriated to answer this claim the case being one where, on the one hand, the older transferee did not make inquiries as to what body corporate the claim for commissions was against, and did not give notice of the paper executed in his favor, to such body corporate, nor to a third party to whom this body, subsequently to the older ..... : "if you will devote your best efforts to securing the recognition and payment of said claims, and your effort shall be successful, then we agree to allow you a commission of 10 percent on whatever sum or amount of our claim, through your instrumentality, shall be recognized and paid over to us over and above the amount for which the ..... to make, when he accepted the paper from hamilton, as to who were the persons or body corporate from whom he anticipated commissions or compensation for the successful prosecution of their claims upon texas. ..... court below held that the letter of the trustees to hamilton (the letter of 16th october, 1845) gave him no lien on the texas bonds for his commissions, but "only a personal claim against the bank for his ten percent;" that accordingly "the notice of the complainant to texas was void," that the legal ..... on the other hand, the junior transferees did make exact inquiries and obtain precise evidences and accurate information as to the fund from which the commissions were to be derived, and did immediately notify to the party then holding the fund, the nature and extent of their claims, and did .....

Mukul Saikia and ors. Vs. State of Assam and ors.

Court : Guwahati

..... development project officer/probation officer in social welfare department, no post in excess of those posts advertised can be filed up from out of the candidates selected vide select list dated 17.7.2000 and if the other anticipated or future vacancies are filed up from out of the candidates in the said select list, it will amount to depriving the other persons who in the meantime have qualified to be considered for selection and appointment. ..... a direction to the state respondents to fill up 27 posts of child development project officer (c.d.p.o)/probation officer pursuant to the advertisement dated 19.8.1997 and also to fill up all anticipated vacancies that had arisen on or after the date of advertisement till the completion of selection process from amongst the candidates whose names appeared in the select list dated 17.7.2000. ..... existing vacancies are to be filled up from out of the candidates selected by the assam public service commission (apsc) as the anticipated or existing vacancies can be filed up from the select list so prepared. ..... appellant has also placed reliance, the apex court, keeping in view the fact that after issuance of the advertisement by the public service commission for a certain number of posts of principal, as the state government before finalization of selection made a fresh requisition to the public service commission indicating vacancies available, which ' were in excess of those advertised posts, has held that the recommendation of the names by the .....

Ftc Vs. Cement Institute

Court : US Supreme Court

..... and practices of respondents pursuant thereto and in connection therewith, as hereinabove found, under the conditions and circumstances set forth, constitute unfair methods of competition in commerce within the intent and meaning of the federal trade commission act, and the discriminations in price by respondents, as hereinabove set out, constitute violations of subsection (a) of section 2 of an act of congress entitled 'an act to supplement existing laws against unlawful restraints and monopolies, and for ..... or facilities furnished, the burden of rebutting the prima facie case thus made by showing justification shall be upon the person charged with a violation of this section, and unless justification shall be affirmatively shown, the commission is authorized to issue an order terminating the discrimination: provided, however, that nothing herein contained shall prevent a seller's rebutting the prima facie case thus made by showing that his lower price or the furnishing ..... of course, rules which bar certain types of evidence in criminal or quasi -criminal cases are not controlling in proceedings like this, where the effect of the commission's order is not to punish or to fasten liability on respondents for past conduct, but to ban specific practices for the future in accordance with the general mandate ..... present proceeding, the commission has exhibited the familiarity with the competitive problems before it which congress originally anticipated the commission would achieve from its .....

Market Street R. Co. Vs. Railroad Commission

Court : US Supreme Court

..... there is nothing in the order which requires that the test period should be a year or any definite time, and there is no ground for assuming that the commission would have rejected an application to make such changes in the schedule as experience might show to be necessary, in order to produce, if possible, the revenue which it found to be needed. ..... 567 without analyzing rate cases in detail, it may be safely generalized that the due process clause never has been held by this court to require a commission to fix rates on the present reproduction value of something no one would presently want to reproduce, or on the historical valuation of a property whose history and current financial statements showed the value no longer to exist, or on an investment after it has ..... it claims a taking of its property as a result of the order on the ground that it would force the company to operate at a loss because the commission used a rate base of $7,950,000, the price at which appellant had offered to sell its operative properties to the city, and did not consider reproduction cost, page 324 u. s. ..... so the anticipations of the commission as to increased patronage from the rate reduction never have been put to the test of experience. ..... (a) there is no foundation in the record for the company's contention that, in the proceedings before the commission, it was given no adequate notice that its rates were under attack, and therefore no opportunity for a hearing on the reasonableness of its rates. p. .....

Prashant Bansilal Bamb and ors. Etc. Etc. Vs. the State of Maharashtra ...

Court : Mumbai

Reported in : AIR2008Bom53; 2007(2)ALLMR326; 2007(2)BomCR604; (2007)109BOMLR403; 2007(4)MhLj341

..... in a statutory provisions or rules, it is known that every contingency could not be foreseen or anticipated with precision, therefore, commission can cope with situation where the field is unoccupied by issuing necessary orders.the jurisdiction of the election commission is wide enough to include all powers necessary for smooth conduct of elections and the word elections is used in a wide sense to include the entire process of ..... considering the constitutional provisions, the law and the rules of 1996 framed in this regard, we are of the considered opinion that the state election commission shall, in exercise of its powers conferred by article 243-k of the constitution of india, take effective and meaningful steps in implementing the spirit of the constitutional and ..... of residuary power by the commission in its own right as a creature of the constitution in the infinite situations that may emerge from time to time in a large democracy, as every contingency could not be foreseen or anticipate by the enacted laws or the ..... legal and constitutional position as regards conduct of elections is as follows:(a) when there is no parliamentary legislation or rule made under the said legislation, the commission is free to pass any orders in respect of the conduct of elections, (b) where there is an act and express rules made thereunder, it is not open to the commission to override the act or the rules and pass orders in direct disobedience to the mandate contained in the act or the rules. .....

N. Ajimeer Khan Vs. District Collector and the District Magistrate, Ra ...

Court : Chennai

Reported in : 1995(1)ALT(Cri)144; 1994CriLJ2670

..... preventive detention laws being meant to confer power to take pecautionary measures in reasonable anticipation of the commission of acts prejudicial to the maintenance of public order, in our view, have been rightly resorted to in these cases. ..... a smart surveillance coupled with swift counter operations by the law enforcing authorities supervening and overwhelming the actual commission of the dastardly act would not, at any rate detract from the position that the abortive act smacks of a serious threat to public order. ..... the power of preventive detention is precautionary power exercised reasonably in anticipation and may or may not relate to an offence. ..... the proximity between the date of commission of an offence and of detention order cannot also be said to be absent in this case. ..... the anticipated behaviour of a person based on his past conduct in the light of surrounding circumstances may provide sufficient ground for detention. .....

M. Ajmal Khan Vs. the Election Commission of India Rep. by Its Chief E ...

Court : Chennai

Reported in : 2006(5)CTC21; (2007)1MLJ91

..... or rules, it is known that every contingency could not be foreseen or anticipated with precision, therefore, commission can cope with situation where the field is unoccupied by issuing necessary orders. ..... care of leaving scope for exercise of residuary power by the commission in its own right as a creature of the constitution in the infinite situations that may emerge from time to time in a large democracy, as every contingency could not be foreseen or anticipated by the enacted laws or the rules. ..... submitted that any right of a citizen with regard to the election is pure, simple and statutory right and the commission, as a constitutional authority, is bound to treat all equally and no exception could be taken on the supposed ground ..... is that gosha or purdah forms integral part of the religion and therefore, election commission has no right to issue any direction interfering with such right protected by article ..... the petitioner- m.ajmal khan is seeking for issuance of writ of mandamus forbearing the election commission from in any way publishing or releasing the photographs of the women particularly the muslim gosha women in the eligible voter's list in respect of all the constituencies in the state of tamil ..... by article 25 of the constitution can be taken away only by a valid law enacted by the state legislature or the union legislature and not by a direction of the election commission which is in the nature of an executive direction under article 324 of the constitution of india. .....

Anant Ram and anr. Vs. Chairman, Panchayati Adalat, Tehsil and ors.

Court : Jammu and Kashmir

Reported in : 1970CriLJ303

..... it was observed:it is not permissible in law to impose a daily fine in anticipation of a commission of an offence.reference in this connection may also be usefully made to another decision reported in air 1926 lah 248, the position that the panchayati adalat cannot impose a recurring fine would also be clear from a decision of ..... it is in fact imposition of fine in anticipation of commission of an offence which cannot be done. ..... it was held:a sentence of daily fine in anticipation of a continuing offence which may be committed after the date of the proceeding in which it was passed, is illegal.again in air 1924 nag 66 it was held as follows:since no person can be punished for a thins he has not done .....

Hannah Vs. Larche

Court : US Supreme Court

..... footnote 2/5 ] and orders establishing a ceiling or ceil- ident the power, "by subpoena office's rules of procedure did the office's rules of pro- led to determinations which had ings on the price, rental, commission, or otherwise, to obtain such provided that a general public cedure make any mention of the severe effects upon certain indivi- margin, rate, fee, charge, or allowance paid information from, require such notice was to ..... 420 appeal from the united states district court for the western district of louisiana syllabus the civil rights act of 1957 created in the executive branch of the government a commission on civil rights to investigate written, sworn allegations that persons have been discriminatorily deprived of their right to vote on account of their color, race, religion, or national origin, to study and collect ..... not suggest that the grand jury and the congressional investigating committee are identical in all respects to the civil rights commission, [ footnote 30 ] we mention them, in addition to the executive agencies and commissions created by congress, to show that the rules of this commission are not alien to those which have historically governed the procedure of investigations conducted by agencies in the three major ..... the commission proposed to conduct in shreveport, louisiana, these registrars and private citizens requested the united states district court for the western district of louisiana to enjoin the commission from holding its anticipated hearing. .....

Gujarat Urjavikas Nigam Limited, Vadodra Vs. Gujarat Electricity Regul ...

Court : Appellate Tribunal for Electricity APTEL

..... has continued for a period of more than three (3) continuous or non-continuous months; or (b) a unit is available for conducting commissioning tests and is anticipated to be a capable of duly completing the commissioning tests as certified by the independent engineer, but the said commissioning tests are not undertaken or completed due to such procurer event of default or due to non natural force majeure event (or natural ..... under the power purchase agreement on the part of the apl is subject to gujarat state transmission utilitys ability to evacuate power from the delivery point, and when the commission was hearing the matter, the 400 kv dc mundra-zerda line was yet to be completed but according to the learned advocate for the appellant, the alternative lines namely ..... shall, until the effects of ehprocurer event of default or of non natural force majeure event (or natural force majeure affecting the procurer) no longer prevent the seller form undertaking a commissioning tests, be deemed to have, if applicable, a tested capacity equal to the contracted capacity and to this extent, be deeded to have achieved cod with effect from the scheduled ..... has submitted as follows:- a) the initial stand of the guvnl that it had been facing acute shortage of power due to which procurement of power as soon as the apl commissioned its unit nos.5 and 6 has been given go-by by the guvnl itself when it was pointed out by supporting documents that the guvnl was actually selling power outside the state .....