Doctrinally - Judgment Search Results

Atascadero State Hosp. Vs. Scanlon

Court: US Supreme Court

..... ratification of the original constitution indicates that the framers never intended to constitutionalize the doctrine of state sovereign immunity consequently the eleventh amendment could not have been as ..... ratification convention interpreting those statements to express marshall s view that a constitutional doctrine of state sovereign immunity in federal courts was an element of the original .....

Oneida County Vs. Oneida Ind. Nation

Court: US Supreme Court

..... treaty of canandaigua footnote 23 thus they say this case falls within the political question doctrine because of a textually demonstrable constitutional commitment of the issue to a coordinate political ..... action in ejectment even before the running of the applicable statute of limitations although these doctrines were often based on theories of implied ratification they were most often enforced in .....

Mitchell Vs. Forsyth

Court: US Supreme Court

..... v fitzgerald 457 u s 800 1982 in which this court purged qualified immunity doctrine of its subjective components and held that government officials performing discretionary functions generally are ..... opinion and the judgment of the court our previous cases concerning the qualified immunity doctrine indicate that a defendant official whose conduct did not violate clearly established legal norms .....

Heath Vs. Alabama

Court: US Supreme Court

..... so held we believe the answer to this query is inescapable the dual sovereignty doctrine as originally articulated and consistently applied by this court compels the conclusion that successive ..... it cannot justify successive prosecutions by different states moreover even were the dual sovereignty doctrine to support successive state prosecutions as a general matter it simply could not legitimate .....

Surendra Prasad Misra Vs. Oil and Natural Gas Commission

Court: Kolkata

Reported in: AIR1987Cal1,90CWN449

..... action if necessary to satisfy the equity the supreme court extended the applicability of the doctrine of promissory estoppel against the government and the defence based on executive necessity has ..... cease to have legitimacy 19 mr bhattacharyya appearing for the commission strenuously contended that the doctrine of promissory estoppel ought not to be given an extended meaning and should be .....

Harper and Row Vs. Nation Enterprises

Court: US Supreme Court

..... more justification for reproducing it the applicability of the fair use doctrine to unpublished works is narrowly limited since although the work ..... by fair use we see no warrant for expanding the doctrine of fair use to create what amounts to a public ..... u s 569 placed in a broader perspective a fair use doctrine that permits extensive prepublication quotations from an unreleased manuscript without .....

Landreth Timber Co. Vs. Landreth

Court: US Supreme Court

..... security iv we also perceive strong policy reasons for not employing the sale of business doctrine under the circumstances of this case footnote 7 by respondents own admission application of the ..... in the daily management of the business easley recent developments in the sale of business doctrine toward a transactional context based analysis for federal securities jurisdiction 39 bus law 929 971 .....

Dipak Puri Vs. 5th Industrial Tribunal and ors.

Court: Kolkata

Reported in: (1986)IILLJ157Cal

..... this petition though the respondents contended that the petition under consideration is barred under the doctrine of res judicata or constructive res judicata 5 considering the nature of the dispute ..... decision however the supreme court has expressed its doubt about the extension of the sophisticated doctrine of constructive res judicata to industrial law which is governed by special methodology of .....

General Industrial Society Ltd. Vs. Collector of Customs

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in: (1985)(23)ELT550TriDel

..... in paragraph 9 of the godfrey philips judgment setting out the essence of that doctrine now the doctrine of promissory estoppel is well established in the administrative law of india it represents ..... spinning and weaving mills which had been mentioned by the learned advocate for the appellants doctrine of promissory estoppel had not been found applicable 15 shri tripathi further submitted that .....

Gould Vs. Ruefenacht

Court: US Supreme Court

..... intended to manage continental jointly with birkle the court concluded that the sale of business doctrine prevented application of the acts the united states court of appeals for the third circuit ..... a court often only after extensive discovery and litigation application of the sale of business doctrine also would lead to arbitrary distinctions between transactions covered by the acts and those that .....