Court : US Supreme Court
..... . thus, although some state courts said that voting by ballot was meant to be more secret than the public act of viva voce voting; and although some state constitutional requirements of ballot voting were held to guarantee ballot secrecy, thus prohibiting the numbering of ballots for voter identification purposes, see williams v ..... access to a computer could compile a wealth of information about all of those persons, including in many cases all of the following: the names of their spouses and neighbors, their telephone numbers, directions to their homes, pictures of their homes, information about their homes (such as size, type of construction, purchase price, and mortgage amount), information about any motor vehicles that they own, any court case in which they were parties, any information posted ..... 1 2 (may 28, 1956), online at http://www.atg.wa.gov/agoopinions/opinion.aspx?section=topic&id;=10488 (all internet materials as visited june 17, 2010, and available in clerk of court s case file) (declaring that public disclosure of initiative petitions would be contrary to public policy and would run contrary to a tendency on the part of the legislature to regard the signing of an initiative petition as a matter concerning only the individual signers except in so far as necessary to safeguard against abuses of the privilege ..... . 23 , 26 (1914) ..... 461, 462 (1914). .....
Tag this Judgment!Court : Supreme Court of India
..... or obtains or agrees to accept or attempts to obtain from any person, for himself or for any other person, any gratification whatever, other than legal remuneration, as a motive or reward for doing or forbearing to do any official act or for showing or forbearing to show, in the exercise of his official functions, favour or disfavour to any person or for rendering or attempting to render any service or disservice to any person, with the central government or any ..... which would enable a member of parliament to claim immunity from prosecution in a criminal court for an offence of bribery in connection with anything said by him or a vote given by him in parliament or any committee thereof and thereby place such members above the law would not only be repugnant to healthy functioning of parliamentary democracy but would also be subversive of the rule of law which is also an essential part of the basic structure of the ..... clearly establish that the old common law prohibition against bribery has been long since extended beyond mere judicial officers acting under oaths of office, to all persons whatever holding offices of public trust and confidence; and it seems impossible to understand why members of our legislative assembly and legislative council, who are entrusted with the public duty of enacting our laws, should not be at least ..... destructive of the aspirational and deliberative ideals of the constitution and creates a polity which deprives citizens of a responsible, responsive and .....
Tag this Judgment!Court : Karnataka
..... on the other hand, the learned senior counsel sri r.n.naik, appearing for the bank would vehemently refute every contention of the petitioner and would submit that there are no malafides in issuing the order of transfer, it is a routine transfer and would further submit that the allegation of the petitioner that she was a part of the investigation by the central bureau of investigation which has led to the ..... but it is one thing to say that an order of transfer which is not made in public interest but for collateral purposes and with oblique motives is vitiated by abuse of powers, and an altogether different thing to say that such an order per se made in the exigencies of service varies any condition of service, express or ..... but it is one thing to say that an order of transfer which is not made in public interest but for collateral purposes and with oblique motives is vitiated by abuse of powers, and an altogether different thing to say that such an order per se made in the exigencies of service varies any condition of service, express or ..... on certain allegations of the petitioner not monitoring properly which led to the hrm department officer operating citizens counters and exchange of notes being violated the petitioner was prima facie held 34 responsible for negligence, as the allegation of malpractices regarding the currency exchange in the bank ..... act done wrongfully and wilfully without reasonable or probable cause, and not necessarily an act done from ill feeling and ..... 1914 ..... 1914 .....
Tag this Judgment!Court : Delhi
..... judge passed the order on sentence on 25.08.1998 awarding imprisonment for life with fine of `1000/- for the offence punishable under sections 302/34 ipc (in default of payment of fine further ri for three months each) and rigorous imprisonment (ri) of seven years with fine of `1000/- for the offence punishable under sections 307/34 ipc (in default of payment of fine further ri for three months each) to both convicted persons besides ri ..... the facts of the said case, the supreme court ruled, was an impossible position and mutually destructive finding since the allegation of it being an act committed conjointly had been disbelieved.68 ..... under section 307 ipc and under section 27 arms act on the basis, inter alia, of the information available at that stage about the injuries suffered by jitender kumar (the deceased) for which he had been taken to hindu rao hospital ( the hospital ) by officials of police control room (pcr) and discovery of a live round of ammunition noticed lying on a sewer lid at crossing of bhagat singh road and arya samaj road and a spent round of ..... also faced additional charge for offence under section 27 of arms act since the investigation had statedly showed he had used his licensed fire arm (pistol) for firing at pw-6 and pw-20 in an attempt to kill them. ..... his involvement in certain criminal cases including one of murder (he was brought to the court for deposition as an under-trial prisoner) and another of police station alipur involving offence under arms act. .....
Tag this Judgment!Court : US Supreme Court
..... " section 1 recites that an economic emergency has arisen, due to disparity between the prices of agricultural and other commodities, with consequent destruction of farmers' purchasing power and breakdown in orderly exchange, which, in turn, have affected transactions in agricultural commodities with a national public interest and burdened and obstructed the normal currents of commerce, calling for the enactment of legislation. ..... declared policy," the secretary of agriculture shall have power "(1) to provide for reduction in the acreage or reduction in the production for market, or both, of any basic agricultural commodity, through agreements with producers or by other voluntary methods, and to provide for rental or benefit payments in connection therewith or upon that part of the production of any basic agricultural commodity required for domestic consumption, in such amounts as the secretary deems fair ..... though, by confession, there is no power vested in congress to compel by statute a lowering of the prices of the raw material, the same result might be accomplished, if the questioned act be valid, by taxing the producer upon his output and appropriating the proceeds to the processors, either with or without conditions imposed as the consideration for payment of the subsidy. ..... " the base period, in the case of cotton and all other commodities except tobacco, is designated as that between august, 1909, and july, 1914. .....
Tag this Judgment!Court : US Supreme Court
..... it was pointed out that "it is a fair and reasonable demand on the part of a sovereign that the air over its territory should not be polluted on a great scale by sulphurous acid gas, that the forests on its mountains, be they better or worse, and whatever domestic destruction they have suffered, should not be further destroyed or threatened by the act of persons beyond its control, that the crops and orchards on its hills should not be endangered from the same source. ..... no reason appears why the present suit may not be as conveniently proceeded with in the district court of the proper venue as in this court, or why the convenience of the parties and witnesses, as well as of the courts concerned, would be better served by a trial before a master appointed by this court than by a trial in the appropriate district court with the customary appellate review. ..... judicial discretion, this court should, without deciding the merits, leave the state to its remedy, if any, in the district court; (2) because the state lacks standing to present the only substantial issue in the case, and (3) because, in the present posture of the case, the bill of complaint, for several reasons, fails to state a cause of action for which a court of equity can give effective relief. ..... " when the clayton act was adopted in 1914, the commission had already been given broad powers to fix and regulate rates by the hepburn act of june 29, 1906, c. .....
Tag this Judgment!Court : US Supreme Court
..... particular, however, it is my belief that any reasonable assurance that these appellants will not continue to violate the antitrust law requires that we leave intact the district court's decree insofar as it (1) provides for appointment of a receiver and the impounding of hartford's royalties (paragraphs 10-20 of the decree); (2) requires that glassware machines should be disposed of by outright sale, rather than by leases (paragraphs 21, 22, 23); (3) requires that patents already owned be licensed ..... individual appellants who own substantial amounts of stock of two of the corporate appellants, a period longer than two years should be allowed for divestiture of the stock of one or the other of the corporate appellants, and a proviso depriving them of the right to vote the stock of one company or the other, or to trustee the stock of one of the corporations if both stocks are held longer than the term fixed, ..... 419 entry of a finding by the court on the petition of any defendant that the consequences of the conduct of the defendants in violation of the antitrust laws have been fully dissipated, from the following acts: (a) bringing, maintaining, or taking any action in any suit for infringement of any patent owned or controlled or hereafter issued on pending applications covering glassware machinery; (b) attempting to interfere, by suit or otherwise, with ..... on the basis of getting and keeping and using patents which they dedicated to the destruction of free competition in the ..... 1914 .....
Tag this Judgment!Court : US Supreme Court
..... [ footnote 3 ] "subversive activity in this country derives from conduct intentionally destructive of or inimical to the government of the united states -- that which seeks to undermine its institutions, or to distort its functions, or to impede its projects, or to lessen its efforts, the ultimate end being to overturn it ..... our inquiry is thus confined to whether the actions, in the light of a proper construction of the act, present justiciable controversies, and, if so, whether 304 is a bill of attainder against these respondents, involving a use of power which the constitution unequivocally declares congress can never ..... [ footnote 1 ] section 304 provides: "no part of any appropriation, allocation, or fund (1) which is made available under or pursuant to this act, or (2) which is now, or which is hereafter made, available under or pursuant to any other act, to any department, agency, or instrumentality of the united states, shall be used, after november 15, 1943, to pay any part of the salary, or other compensation for the personal services, of ..... view of the facts just set out, we cannot agree with the two judges of the court of claims who held that 304 required "a mere stoppage of disbursing routine, nothing more," and left the employer governmental agencies free to continue employing respondents and to incur contractual obligations by virtue of such continued work which respondents could enforce in the court of claims. ..... pound, justice according to law, ii (1914) 14 col.l.rev. .....
Tag this Judgment!Court : US Supreme Court
..... [ footnote 11 ] "this principle of per se unreasonableness not only makes the type of restraints which are proscribed by the sherman act more certain to the benefit of everyone concerned, but it also avoids the necessity for an incredibly complicated and prolonged economic investigation into the entire history of the industry involved, as well as related industries, in an effort to determine at large whether a particular restraint has been unreasonable -- an inquiry so often wholly fruitless ..... the ascap system requires users to buy more music than they want at a price which, while not beyond their ability to pay and perhaps not even beyond what is "reasonable" for the access they are getting, [ footnote 2/18 ] may well be far higher than what they would choose to spend for music in page 441 ..... footnote 21 ] it also remains true that the decree guarantees the legal availability of direct licensing of performance rights by ascap members; and the district court found, and in this respect the court of appeals agreed, that there are no practical impediments preventing direct dealing by the television networks if they so ..... [ footnote 2/26 ] moreover, it is arguable that cbs could go further and, along with the other television networks, use its economic resources to exploit destructive competition among purveyors of music by driving the price of performance rights down to a far ..... in 1914, victor herbert and a handful of other composers organized ascap because those who performed page 441 .....
Tag this Judgment!Court : US Supreme Court
..... filed an employment discrimination charge with the equal employment opportunity commission (eeoc) under title vii of the civil rights act of 1964, and the eeoc, as required by the act, referred the charge to the new york state division of human rights (nyhrd), the agency charged with enforcing the ..... could hold that congress referred to state administrative processing of discrimination claims, including judicial review of agency decisions, when it referred to "proceedings" in 706(b) and (c), and, at the same time, could refuse to hold that congress intended to include a state court trial on the merits of the complainant's claim within the ..... is reasonable cause to believe that the charge of employment discrimination is true, the commission is required to "accord substantial weight to final findings and orders made by state and local authorities in proceedings commenced under state or local law" pursuant to the limited deferral provisions of 706, but is not bound by such findings ..... mccurry, supra, "though the federal courts may look to the common law or to the policies supporting res judicata and collateral estoppel in assessing the preclusive effect of decisions of other federal courts, congress has specifically required all federal courts to give preclusive effect to state court judgments whenever ..... of finality would be far more destructive to the quality of adjudication by lessening the incentive for full participation by the parties and for searching review by state officials. .....
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