Court : US Supreme Court
United States v. South-Eastern Underwriters - 322 U.S. 533 (1944) U.S. Supreme Court United States v. South-Eastern Underwriters, 322 U.S. 533 (1944) United States v. South-Eastern Underwriters Association No. 354 Argued January 11, 1944 Decided June 5, 1944 322 U.S. 533 APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF GEORGIA 1. A fire insurance company which conducts a substantial part of its business transactions across state lines is engaged in "commerce among the several States," and subject to regulation by Congress under the Commerce Clause. P. 322 U. S. 539 . 2. A conspiracy to restrain interstate trade and commerce by fixing and maintaining arbitrary and noncompetitive premium rates on fire and allied lines of insurance, and a conspiracy to monopolize interstate trade and commerce in such lines of insurance, held violations of the Sherman Antitrust Act. P. 322 U. S. 553 . 3. Congress did not intend that the business of insuran...
Tag this Judgment!Court : Mumbai
Reported in : AIR1945Bom511; (1945)47BOMLR470
Bhagwati, J.1. His Lordship after stating the facts proceeded. The plaintiff gave-evidence on his behalf and stated that he had monetary dealings with the defendants' joint and undivided Hindu family for several years prior to the severance. of joint status between the various branches of that family, that he lent and advanced monies to the defendants' joint family, that defendant No. 15 was the managing member of the defendants joint family and that there was no change in the said status of defendant No. 15 to his knowledge up to the time when defendant No. 15 signed the promissory note dated February 6, 1938, in his favour. He was cross-examined by Mr. Banaji particularly on the state of his knowledge as to the severance of joint status between the various branches of the defendants' family and the information which he might have derived generally and in particular from defendant No. 15 as regards the same. He denied that on February 6, 1938, he knew that a partition had been effecte...
Tag this Judgment!Court : US Supreme Court
Claridge Apartments Co. v. Commissioner - 323 U.S. 141 (1944) U.S. Supreme Court Claridge Apartments Co. v. Commissioner, 323 U.S. 141 (1944) Claridge Apartments Co. v. Commissioner of Internal Revenue Nos. 28 and 29 Argued October 19, 20, 1944 Decided December 4, 1944 323 U.S. 141 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SEVENTH CIRCUIT Syllabus 1. Whether, by virtue of 276c(3) of the Bankruptcy Act, 270 was applicable to a proceeding under 77B in which a final decree had been entered prior to the effective date of the Chandler Act is a question of law in respect of which the doctrine of Dobson v. Commissioner, 320 U. S. 489 , is inapplicable and the determination of the Tax Court is not final. P. 323 U. S. 145 . 2. Section 270 of the Bankruptcy Act, as amended, requiring that, for income tax purposes, the basis of the debtor's property be decreased in the amount by which the indebtedness of the debtor has been canceled or reduced in a Chapter X proceedi...
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Screws v. United States - 325 U.S. 91 (1945) U.S. Supreme Court Screws v. United States, 325 U.S. 91 (1945) Screws v. United States No. 42 Argued October 20, 1944 Decided May 7, 1945 325 U.S. 91 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE FIFTH CIRCUIT Syllabus 1. Upon review of a judgment affirming the conviction, for violation of 20 of the Criminal Code and conspiracy thereunto, of local law enforcement officers who arrested a negro citizen for a state offense and wrongfully beat him to death, the judgment is reversed with directions for a new trial. Pp. 325 U. S. 92 -94, 325 U. S. 113 . Opinion of DOUGLAS, J., in which the CHIEF JUSTICE, MR. JUSTICE BLACK and MR. JUSTICE REED concur: 2. Section 20 of the Criminal Code, so far as it penalizes acts which "willfully" deprive a person of any right secured to him by the due process clause of the Fourteenth Amendment, is to be construed as requiring a specific intent to deprive of a right which has been made spec...
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United States v. Lovett - 328 U.S. 303 (1946) U.S. Supreme Court United States v. Lovett, 328 U.S. 303 (1946) United States v. Lovett Argued May 3, 6, 1946 Decided June 3, 1946 * 328 U.S. 303 CERTIORARI TO THE COURT OF CLAIMS Syllabus 1. The issue as to the validity of 304 of the Urgent Deficiency Appropriation Act of 1943, providing that, after November 15, 1943, no salary or other compensation shall be paid to certain employees of the Government (specified by name) out of any monies then or thereafter appropriated except for services as jurors or members of the armed forces, unless they were again appointed by the President with the advice and consent of the Senate prior to such date, is not a mere political issue over which Congress has final say, and a challenge to its constitutionality presents a justiciable question to the courts. P. 328 U. S. 313 . (a) It is not a mere appropriation measure over which Congress has complete control. P. 328 U. S. 313 . (b) Its pu...
Tag this Judgment!Court : US Supreme Court
Pennekamp v. Florida - 328 U.S. 331 (1946) U.S. Supreme Court Pennekamp v. Florida, 328 U.S. 331 (1946) Pennekamp v. Florida No. 473 Argued February 8, 1946 Decided June 3, 1946 328 U.S. 331 CERTIORARI TO THE SUPREME COURT OF FLORIDA Syllabus Petitioners, the publisher and the associate editor of a newspaper, were responsible for the publication of two editorials and a cartoon criticizing certain actions previously taken by a Florida trial court of general jurisdiction in certain non-jury proceedings as being too favorable to criminals and gambling establishments. Two of the cases involved had been dismissed. In the third, a rape case, an indictment had been quashed for technical defects, but a new indictment had been obtained and trial was pending. Petitioners were cited for contempt, the citation charging, inter alia, that the publications reflected upon and impugned the integrity of the court, tended to create a distrust for the court, willfully withheld and suppressed ...
Tag this Judgment!Court : US Supreme Court
Colegrove v. Green - 328 U.S. 549 (1946) U.S. Supreme Court Colegrove v. Green, 328 U.S. 549 (1946) Colegrove v. Green No. 804 Argued March 7, 8, 1946 Decided June 10, 1946 328 U.S. 549 APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF ILLINOIS Syllabus Three persons who were qualified to vote in congressional districts of Illinois which have much larger populations than other congressional districts of that State brought suit in a Federal District Court in Illinois, under the Declaratory Judgment Act, to restrain officers of the State from arranging for an election, in which members of Congress were to be chosen, pursuant to provisions of an Illinois law of 1901 governing congressional districts. The complaint alleged that, by reason of later changes in population, the congressional districts created by the Illinois law lacked compactness of territory and approximate equality of population, and prayed a decree, with incidental relief, declari...
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United States v. United Mine Workers - 330 U.S. 258 (1947) U.S. Supreme Court United States v. United Mine Workers, 330 U.S. 258 (1947) United States v. United Mine Workers or America No. 759 Argued January 14, 1947 Decided March 6, 1947 * 330 U.S. 258 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA Syllabus 1. Neither the Norris-LaGuardia Act, 47 Stat. 70, nor 20 of the Clayton Act, 38 Stat. 738, deprives a federal district court of jurisdiction to issue a restraining order and preliminary injunction in a suit by the Government to prevent a union and its officers from precipitating a nationwide strike in the bituminous coal mines pending judicial interpretation of a labor contract between the Government and the union, at a time when the mines are being operated by the Government during a national emergency pursuant to an executive order issued by the President under his constitutional authority as President and as Commander in Chief of the A...
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United States v. Wyoming - 331 U.S. 440 (1947) U.S. Supreme Court United States v. Wyoming, 331 U.S. 440 (1947) United States v. Wyoming No. 10, Original Argued April 7, 1947 Decided June 2, 1947 331 U.S. 440 Syllabus 1. Title to lands within a section granted to the State as school lands by the Wyoming Enabling Act of July 10, 1890, but which, prior to completion of an official survey, were included in a petroleum reserve by a Presidential order promulgated under authority of the Act of June 25, 1910, held not to have vested in the State. Pp. 331 U. S. 443 -455. (a) The Wyoming Enabling Act, though containing words of present grant, did not vest in the State, immediately upon admission into the Union, an indefeasible proprietary interest in the unsurveyed section, of such nature as precluded disposition by the Federal Government for other purposes. Pp. 331 U. S. 444 -446. (b) Nothing in the legislative history of 14 of the Organic Act of 1868, nor of other Acts passed...
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United States v. CIO - 335 U.S. 106 (1948) U.S. Supreme Court United States v. CIO, 335 U.S. 106 (1948) United States v. Congress of Industrial Organizations No. 695 Argued April 28-29, 1948 Decided June 21, 1948 335 U.S. 106 APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF COLUMBIA Syllabus A labor organization and its president were indicted for violations of 313 of the Corrupt Practices Act of 1925, as amended by 304 of the Labor Management Relations Act of 1947, which prohibits contributions or expenditures by corporations and labor organizations in connection with federal elections. The indictment charged that the labor organization made, and its president consented to, expenditures for the publication of a weekly periodical, in a certain issue of which appeared an article by its president urging members to vote for a particular candidate in a forthcoming congressional election, and that it made expenditures for the publication and distribution...
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