Doctrinal - Judgment Search Results

American Telephone and Telegraph Co. Vs. Central Office Telephone, Inc ...

Court: US Supreme Court

..... are modeled after similar provisions of the interstate commerce act ica and the filed rate doctrine associated with the ica tariff provisions applies to the communications act as well mc telecommunications ..... everyone agrees that respondent s tortious interference claim would be barred by the filed rate doctrine if it is wholly derivative of the contract claim for additional and better services ante .....

M.C. Mehta Vs. Kamal Nath and ors.

Court: Supreme Court of India

Reported in: (1997)1SCC388B

..... so contend with the constraints imposed by the outside environment unfortunately current legal doctrine rarely accounts for such constraints and thus environmental stability is threatened historically ..... for private ownership or commercial purposes according to professor sax the public trust doctrine imposes the following restrictions on governmental authority three types of restrictions on .....

Kiowa Tribe of OklA. Vs. Manufacturing Technologies, Inc.

Court: US Supreme Court

..... immunity for foreign countries as with tribal immunity foreign sovereign immunity began as a judicial doctrine chief justice marshall held that united states courts had no jurisdiction over an armed ship ..... interests supporting its extension of sovereign immunity indeed it all but concedes that the present doctrine lacks such justification ante at 758 and completely ignores the state s interests its .....

Quality King Distributors, Inc. Vs. L'anza Research Int'l, Inc.

Court: US Supreme Court

..... copyrighted work congress subsequently codified bobbs merrill s first sale doctrine in the act section 106 3 gives the copyright holder ..... of the possession of that copy although the first sale doctrine prevents uanza from treating unauthorized resales by its domestic distributors ..... 120 more narrowly the question is whether the first sale doctrine endorsed in 109 a is applicable to imported copies i .....

Oubre Vs. Entergy Operations, Inc.

Court: US Supreme Court

..... does create an additional obligation that would not exist but for the noncomplying release the doctrine merely puts the employee to a choice between avoiding the release and retaining the benefit ..... that the statutory requirements have no application to the tender back requirement the tender back doctrine operates not to make the voidable release binding as does ratification but rather precludes a .....

Clinton Vs. City of New York

Court: US Supreme Court

..... the jurisdiction of the federal courts to actual cases and controversies and that the doctrine of standing serves to identify those disputes which are appropriately resolved through the ..... constitutionally reserved territory 3 has congress given the president too much power violating the doctrine of nondelegation these three limitations help assure adequate control by the citizen s representatives .....

National Endowment for Arts Vs. Finley

Court: US Supreme Court

..... application to funding insofar as it bears upon first amendment concerns the vagueness doctrine addresses the problems that arise from government regulation of expressive conduct see grayned ..... of the discriminatory standards this assumption is irreconcilable with our longstanding and sensible doctrine of facial overbreadth applicable to claims brought under the first amendment s speech .....

Steel Co. Vs. Citizens for Better Environment

Court: US Supreme Court

..... on the merits would be the same as the prevailing party were jurisdiction denied that doctrine carries the courts beyond the bounds of authorized judicial action and thus offends fundamental separation ..... not have standing comes from a mechanistic application of the redressability aspect of our standing doctrine redressability of course does not appear anywhere in the text of the constitution instead .....

Ashika Prasad Shukla Vs. District Inspector of Schools, Allahabad and ...

Court: Allahabad

Reported in: 1998(3)AWC2150; (1998)3UPLBEC1722

..... for the majority observed we believe that existence of the wolf doctrine prior to mapp is an operative fact and may have the ..... sc l 643 observed as under this case has reaffirmed the doctrine of prospective overruling and has taken a pragmatic approach in refusing ..... to give it retroactivity in short in america the doctrine of prospective overruling is now accepted in all branches of law .....

Modi Xerox Ltd. Vs. Deputy Commissioner of Income Tax

Court: Income Tax Appellate Tribunal ITAT Delhi

Reported in: (1998)67ITD252(Delhi)

..... relevant should be admissible it is no doubt true that the doctrine of nosciter a soccis meaning thereby that it is a ..... meaning of words associated with it this doctrine is broader than the doctrine of ejusdem generis this doctrine was accepted by this court in catena ..... the cbdt has not given any assurance to the assessee the doctrine of promissory estoppeal has no application against the statute the .....