Doctrinal - Judgment Search Results

Sosa Vs. Alvarez-machain

Court: US Supreme Court

..... the quoted phrase would obviously have been thwarted however by applying the headquarters doctrine for that doctrine would have displaced the exception by recasting claims of foreign injury as claims ..... implicating the foreign country exception beattie supra at 119 scalia j dissenting the headquarters doctrine threatens to swallow the foreign country exception whole certainly at the pleadings stage .....

Republic of Austria Vs. Altman

Court: US Supreme Court

..... presumption against retroactive legislation is deeply rooted in our jurisprudence and embodies a legal doctrine centuries older than our republic the principle stems from fundamental fairness concerns see ..... did announce the policy of restrictive foreign sovereign immunity and this was an important doctrinal development the policy however was within the second expectation that the executive could .....

T. Muralidhar Rao Vs. State of A.P. and ors.

Court: Andhra Pradesh

Reported in: 2004(6)ALD1; 2004(5)ALT634

..... particularly the english judgments as all these concepts of necessity and impossibility of performance are doctrines inherited by us from the british just as we have inherited the present legal ..... be backward classes entitled to consideration as backward classes learned senior counsel further contended that doctrine of equality is the basic feature of the constitution of india and affirmative action .....

Scarborough Vs. Principi

Court: US Supreme Court

..... allegation requirement ante at 16 17 n 5 the court nonetheless applies the relation back doctrine to cure the omitted no substantial justification allegation in petitioner s equal access to justice ..... an applicant to avoid the express statutory limitation through judicial application of the relation back doctrine for these reasons i respectfully dissent footnote 1 also is defined as likewise webster s .....

Bazaloni Group Ltd. Vs. Commissioner of Income-tax

Court: Guwahati

..... passed by the court tribunal or the authority below however the doctrine is not of universal or unlimited application the nature of ..... jurisdiction disposing of a petition for special leave to appeal the doctrine of merger can therefore be applied to the former and ..... rendered in exercise of the power would be covered under the doctrine of merger once the appellate jurisdiction of the supreme court .....

Cheney Vs. United States Dist. Court for D. C.

Court: US Supreme Court

..... group s structure and membership and thus to determine whether the de facto membership doctrine applied while acknowledging that discovery itself might raise serious constitutional questions the court explained ..... to the nepdg allowing discovery to determine the applicability of the de facto membership doctrine he concluded is inappropriate he would have issued the writ of mandamus directing dismissal .....

Kirin-amgen Inc and Others (Appellants) Vs. Hoechst Marion Roussel Lim ...

Court: House of Lords

..... departed from conventional usage obviously needs some rational basis the doctrine of equivalents 36 at the time when the rules about ..... the united states where a similar principle is called the doctrine of equivalents it is frankly acknowledged that it allows the ..... adhere to literalism in construing the claims and evolve a doctrine which supplements the claims by extending protection to equivalents that .....

State of Arunachal Pradesh and ors. Vs. Nefa Udyog and ors.

Court: Guwahati

..... by the court tribunal or the authority below however the doctrine is not of universal or submitted application the nature of ..... jurisdiction disposing of petition for special leave to appeal the doctrine of merger can therefore be applied to the former and ..... of being laid shall be determinative of the applicability of the doctrine of merger the superior jurisdiction should be capable of reversing .....

Deputy Commissioner of Income Tax Vs. Electropack [Alongwith Misc.

Court: Income Tax Appellate Tribunal ITAT Ahmedabad

Reported in: (2005)94TTJ(Ahd.)973

..... of kunhayammed and ors supra and s shanmugavel nadar supra are the cases where the doctrine of merger has been discussed with regard to special leave petition which is extraordinary jurisdiction of the ..... the decree or order passed by the court tribunal or the authority below however the doctrine is not of universal or unlimited application the nature of jurisdiction exercised by the superior .....

Air India Ltd. Vs. Caribjet Inc.

Court: Mumbai

Reported in: [2004]271ITR370(Bom)

..... the leave as granted by this court be revoked on the doctrine of forum convenience of the defendant reliance is also placed on ..... there is no foundation laid by the defendant to invoke the doctrine of forum convenience the said argument was unavailable to the ..... the argument canvassed on behalf of the defendant to invoke the doctrine of forum convenience of the defendant cannot be countenanced it .....