Doctrinally - Judgment Search Results

Planned Parenthood of Southeastern PA. Vs. Casey

Court: US Supreme Court

..... have to abandon most of our constitutional jurisprudence t he critical elements of countless constitutional doctrines nowhere appear in the constitution s text the constitution makes no mention for example ..... s direct testimony perry v leeke 488 u s 272 1989 that numerous constitutional doctrines result in narrow differentiations between similar circumstances does 932 opinion of blackmun j not .....

Shri Kihota Hollohon Vs. Mr. Zachilhu and Others

Court: Supreme Court of India

Reported in: AIR1993SC412,JT1992(1)SC600,1992(1)SCALE338,1992Supp(2)SCC651,[1992]1SCR686

..... to invalidate paragraph 7 alone the whole of the tenth schedule fails for non severability doctrine of severability as applied to ordinary statutes to promote their constitutionality is inapplicable to ..... on questions relating to other disqualifications moreover even the test applicable for applying the doctrine of severability to ordinary legislation as summarised in r m d chamarbaugkwalla v the .....

Prominent Cement Pvt. Ltd. and anr. Vs. Union of India (Uoi) and ors.

Court: Madhya Pradesh

Reported in: 1992(0)MPLJ677

..... equitable estoppel 16 prof wade in administrative law fifth edition p 341 has observed the doctrine of estoppel must be prevented not only from enlarging the powers of public authorities ..... presumption this court can legitimately make in terms of the judicially contemplated limitations of the doctrine indeed had the minister stated in clear and specific terms that there was another measure .....

Reiter Vs. Cooper

Court: US Supreme Court

..... applicable provisions of the federal rules respondents contend that the so called filed rate doctrine gives them absolute entitlement to judgment on their undercharge claims without defense or ..... 3 before payment but after their shipments were delivered second respondents contend that the doctrine of primary jurisdiction requires petitioners initially to present their unreasonable rate claims to .....

international Soc. for Krishna Consciousness, Inc. Vs. Lee

Court: US Supreme Court

..... the court acknowledges as much by reintroducing today into our first amendment law a strict doctrinal line between the proprietary and regulatory functions of government which i thought had been ..... on the government s control over speech activities on property suitable for free expression the doctrine focuses on the physical characteristics of the property because government ownership is the source .....

Peico Electronics and Vs. Inspecting Assistant

Court: Income Tax Appellate Tribunal ITAT Kolkata

Reported in: (1993)44ITD711(Kol.)

..... away the jurisdiction of the commissioner to revise the assessment the doctrine or merger can only operate on matters which are subject ..... under section 263 having been passed on 24 3 1988 the doctrine of merger was still applicable and therefore the tribunal should ..... the quantum of investment allowance under section 32a and therefore the doctrine of merger operated in full we have gone through the .....

United States Vs. Alvarez-machain

Court: US Supreme Court

..... in other cases that the webster ashburton treaty included the doctrine of specialty but no importance was attached to whether or ..... established precedent and practice in rauscher the implication of a doctrine of specialty into the terms of the webster ashburton ..... a private criminal would bring terrible retribution against that pernicious doctrine this court should resolutely set its face olmstead v .....

Jacob Vs. New York City

Court: US Supreme Court

..... and assumption of risk are not available defenses the admiralty doctrine of comparative negligence applies socony vacuum oil co v smith ..... the submission of this case to the jury the simple tool doctrine used by the courts below to bolster their belief that ..... of injured employees footnote 5 but even assuming its applicability the doctrine does not justify withdrawing this case from the jury for .....

indra Sawhney Etc. Etc Vs. Union of India and Others, Etc. Etc.

Court: Supreme Court of India

Reported in: AIR1993SC477; [1992]Supp2SCR454; 1992DGLS(soft)768:1992Supp(3)SCC217

..... difficulty is translating them into practical working the american concept of equal but separate doctrine is the best illustration of distance between theory and practice of equal protection ..... reservation or affirmative action on economic criteria or wealth discrimination cannot be upheld under doctrine of reasonable classification reservation for backward class seeks to achieve the social purpose .....

Ankenbrandt Vs. Richards

Court: US Supreme Court

..... in jurisdictional terms justice blackmun nevertheless would reinterpret them to support a special abstention doctrine for such cases see post at 713 716 opinion concurring in judgment yet ..... relations matters well before the growth and general acceptance in recent decades of modern doctrines of federal abstention that distinguish the refusal to exercise jurisdiction from disclaiming jurisdiction .....