Declaratory - Judgment Search Results

Perez Vs. Ledesma

Court: US Supreme Court

..... criminal prosecution involving the federal court parties is pending when federal jurisdiction attaches declaratory relief determining the disputed constitutional issue will ordinarily be appropriate to carry ..... organized to discharge their responsibilities in accordance with the state procedures if federal declaratory relief were available to test state tax assessments state tax administration might .....

Medimmune, Inc. Vs. Genentech, Inc.

Court: US Supreme Court

..... with the allegations of petitioner s amended complaint the very first count requested a declaratory judgment on contractual rights and obligations and stated that petitioner disputes its obligation ..... licensees to enforce territorial restrictions in the license the licensees filed a counterclaim for declaratory judgment that the underlying patents were invalid in the meantime paying under protest .....

Steffel Vs. Thompson

Court: US Supreme Court

..... restraining enforcement of the criminal statute and in all but unusual circumstances a declaratory judgment upon the constitutionality of the statute this case presents the important question ..... the texas and georgia criminal abortion statutes instead we affirmed the issuance of declaratory judgments of unconstitutionality anticipating that these would be given effect by state authorities .....

POL India Projects Limited and Another Vs. Aurelia Reederei Eugen Frie ...

Court: Mumbai

..... initiated by the respondents against the petitioners after the arbitral tribunal rendered an declaratory arbitration award the petitioners stopped appearing before the arbitral tribunal he states that ..... composition of arbitral tribunal etc had a right and remedy of challenging such declaratory arbitration award by filing an appropriate proceedings within the time prescribed under english .....

Public Service Comm'n Vs. Wycoff Co., Inc.

Court: US Supreme Court

..... footnote 3 this act was adjudged constitutional only by interpreting it to confine the declaratory remedy within conventional case or controversy limits in ashwander v tennessee valley authority ..... controversies with administrative bodies but even in respect to controversies with administrative bodies the declaratory judgment act exists as an instrument to protect the citizen against the dangers and .....

Hewitt Vs. Helms

Court: US Supreme Court

..... conviction from his prison record his counsel never took the steps necessary to have a declaratory judgment or expungement order properly entered the argument that the court of appeals initial holding ..... with his prison misconduct conviction and raised in addition a pendent state claim he sought declaratory and injunctive relief damages and the expungement of his prison disciplinary record app 19a 21a .....

Medtronic, Inc. Vs. Mirowski Family Ventures, Llc

Court: US Supreme Court

..... the licensed patents and medtronic then challenged that assertion of infringement in a declaratory judgment action while accumulating disputed royalties in an escrow account for distribution to ..... if medtronic having received timely written notice of infringement chose to pursue a declaratory judgment action challenging infringement it could accumulate disputed royalties in an escrow account .....

Escorts Ltd. and Another Vs. Union of India and Others

Court: Mumbai

Reported in: [1985]57CompCas241(Bom)

..... the decision strongly relied upon the by learned attorney general to contend that a merely declaratory relief cannot be granted in general manager eastern railway v kishor chandra khasmobis air1966cal601 ..... the specific relief act is not exhaustive there could also be circumstances where the declaratory relief itself constitutes substantive relief the privy council relied in fishcher v secretary of .....

M/s. Greatship (India) Ltd. Vs. Commissioner of Service Tax Mumbai-I a ...

Court: Mumbai

..... in francis bennion statutory interpretation second edition 1992 page 105 the learned author says declaratory acts a declaratory act or enactment declares what the law is on a particular point often for ..... retrospective operation is generally intended the language shall be deemed always to have meant is declaratory and is in plain terms retrospective in the absence of clear words indicating that the .....

Merit Enterprises Vs. Dy. Commissioner of Income Tax

Court: Income Tax Appellate Tribunal ITAT Hyderabad

Reported in: (2007)288ITR226(Hyd.)

..... made retrospective either expressly or by necessary intendment explaining the1 legal position of retroactive and declaratory legislation at length the hon ble supreme court in that case at paragraphs 39 to ..... amendment in r rajagopal reddy v padmini chandrasekharan it was held thus scc head note declaratory enactment declares and clarifies the real intention of the legislature in connection with an .....