Doctrinal - Judgment Search Results

idaho Vs. Coeur d'Alene Tribe of Idaho

Court: US Supreme Court

..... of state interests in cases falling squarely within our past interpretations of the young doctrine while i do not subscribe to the principal opinion s reformulation of the appropriate ..... retrospectivity an equation false to customary language usage and antithetical under extant eleventh 312 amendment doctrine to probably every case decided under ex parte young including the original the exercise of .....

Brogan Vs. United States

Court: US Supreme Court

..... the government once asserted before this court that the arguments supporting the exculpatory no doctrine are forceful even if not necessarily dispositive memorandum for united states in nunley ..... 1995 demonstrates similarly after today s decision congress may advert to the exculpatory no doctrine and the problem that prompted its formulation 417 the matter received initial congressional consideration .....

Cottage Industries, (Unit of Sri Aurobindo Udyog Trust) Sri Aurobindo ...

Court: Chennai

Reported in: (1998)1MLJ553

..... mind of the court while considering the applicability of the doctrine the doctrine must yield when the eq uity so demands if it ..... it is necessary to prevent fraud or manifest injustice the doctrine however cannot be pressed into aid to compel the government ..... make there is preponderance of judicial opinion that to invoke the doctrine of promissory estoppel clear sound and positive foundation must be .....

Madhab Banerjee Vs. Dr. Dipak Chanda and anr.

Court: Kolkata

Reported in: 1997CriLJ3210

..... or a restricted form of appellate jurisdiction within the parameters of the concerned statute the doctrine of merger has been applied in certain circumstances to revisional orders also but the writ ..... under the constitution is a continuation of the proceedings under the concerned act therefore the doctrine of merger which applies to an appellate or revisional order where the original proceeding is .....

Almendarez-torres Vs. United States

Court: US Supreme Court

..... s constitutionality in this respect is a crucial point that is because the constitutional doubt doctrine does not apply mechanically whenever there arises a significant constitutional question the answer to ..... the right one produces precisely the same result as adopt the right interpretation rather the doctrine of constitutional doubt comes into play when the statute is susceptible of the problem .....

Hanuman Vs. State of Rajasthan

Court: Rajasthan

Reported in: 1998CriLJ32; 1997(3)WLC376; 1997(2)WLN36

..... note of which occur in ordinary course of nature 13 the doctrine of vitiation of proceedings due to non compliance of law can ..... have the consequence extinguishing the right or the liability then the doctrine of extinction of right liability will be applied if the legislature ..... compliance of law are important then the court may apply the doctrine of extinction of right or liability if there be no way .....

Klehr Vs. A. O. Smith Corp.

Court: US Supreme Court

..... those courts that do not require reasonable diligence have said that the fraudulent concealment doctrine seeks to punish defendants for affirmative discrete acts of concealment the behavior of plaintiffs ..... agree with the court that petitioners are not entitled to invoke the fraudulent concealment doctrine as the court persuasively demonstrates in the antitrust context t he concealment requirement is .....

Clinton Vs. Jones

Court: US Supreme Court

..... have often stressed the importance of avoiding the premature adjudication of constitutional questions ll that doctrine of avoidance however is applicable to the entire federal judiciary not just to this ..... federal constitution 480 2d ed 1863 emphasis deleted this description is consistent with both the doctrine of presidential immunity as set forth in fitzgerald and rejection of the immunity claim .....

Agostini Vs. Felton

Court: US Supreme Court

..... of appeals erred in adhering to law of the case doctrine despite intervening supreme court precedent 237 iv we therefore ..... no less necessary today ii the court today ignores this doctrine and claims that recent cases rejected the elemental assumptions ..... a risk that publicly paid school teachers may further religious doctrine no case has repudiated the distinction between direct and substantial .....

M.V. Mariner Iv, a Foreign Flag Vessel and Another Vs. Videsh Sanchar ...

Court: Mumbai

Reported in: 1998(2)ALLMR755; 1998(5)BomCR312; 1998(1)MhLj751

..... to external rules except to the extent legitimately accepted by the constituted legislatures themselves the doctrine of incorporation also recognizes the position that the rules of international law are incorporated ..... binkershoek wiquefort etc there being no english writer of eminence on the subject that doctrine was accepted not only by lord mansfield himself but also by sirwilliam blackstone and .....