Judgment Search Results Home > Cases Phrase: dramatic performances delhi repeal act 1963 Sorted by: recent Court: us supreme court Page 100 of about 1,829 results (0.113 seconds)

Volt Inf. Sciences Vs. Stanford Univ.

Court : US Supreme Court

..... the federal issue), we emphasized that the "meaning and effect of the contract" were "local questions conclusively settled by the decision of the state court save only as this court, in the performance of its duty to safeguard an asserted constitutional right, may inquire whether the decision of the state question rests upon a fair or substantial basis." id. ..... the application of a federal right turns on a logically antecedent finding on a matter of state law, it is essential to the court's performance of its function that it exercise an ancillary jurisdiction to consider the state question. ..... of course we should give all proper weight to its judgment, but we cannot perform our duty to enforce the guaranty of the federal constitution as to the inviolability of contracts by state legislative action unless we give the ..... (1938), the question was whether the state's repeal of a teacher tenure law had impaired petitioner's ..... is located," the choice-of-law clause incorporated the california rules of arbitration, including 1281.2(c), into the parties' arbitration agreement, and (2) application of 1281.2(c) was not preempted by the federal arbitration act (faa or act), even though the contract involved interstate commerce. ..... this agreement, its interpretation and performance. ..... while congress was no doubt aware that the act would encourage the expeditious resolution of disputes, its passage "was motivated, first and foremost, by a congressional desire to enforce agreements ..... 3 (1963); datanke- .....

NW Cent. Pipeline Vs. Kans. Corp. Comm'n

Court : US Supreme Court

..... however, it is argued that there is a potential for conflict even though each agency acts only within its assigned sphere and there is no provision in the statute itself to resolve ..... and more generally, the legislative history of the nga is replete with assurances that the act "takes nothing from the state [regulatory] commissions: they retain all the state power they have at ..... congress that the ngpa "does not contemplate that ferc will intrude into the traditional conservation functions performed by the states. ..... expressly reserving to the states the power to regulate, among other things "the production or gathering of natural gas," that is, "the physical acts of drawing gas from the earth and preparing it for the first stages of distribution." id. ..... a dual regulatory scheme, we held that, in seeking to preempt state depreciation practices, the fcc had acted in an area over which congress had explicitly denied it jurisdiction. id. ..... in these circumstances, where the fcc lacked jurisdiction to act in the very area in which it was claiming to have power to preempt state law, and where, in any event, the federal statute provided a mechanism for resolving jurisdictional conflicts, a ..... 142 -143 (1963), or because the state law stands as an obstacle to the accomplishment and ..... 90 -93 (1963), for the proposition that the federal regulatory scheme preempts state regulations that may have either a direct or indirect effect on matters within federal control, northwest central challenged the .....

State of Bihar and ors. Vs. Harihar Prasad Debuka and ors.

Court : Supreme Court of India

Reported in : AIR1989SC1119; 1989(2)BLJR85; 1989(1)SCALE464; (1989)2SCC192; [1989]1SCR796; [1989]73STC353(SC); 1989(1)LC684(SC)

..... for in article 301 can within the ambit be limited by law made by the parliament and the state legislature and that no power is vested in the executive authority to act in any manner which affects or hinders the essence and thesis contained in the scheme of part xiii of the constitution which is against creation of economic barriers and/or pockets which would ..... for the purposes of verification and assessment of tax payable and prescribes the following manners in which such permit shall be utilised for verification and assessment of tax payable under part i of the said act:(i) a person transporting goods, exceeding the quantity notified under section 35, on a goods carrier or a vessel shall carry form xxviii a or xxviii b duly filled up in respect of goods ..... of trade shall run smooth and unhampered by any restriction either at the boundaries of the state or at any other points inside the states themselves; and if any act imposes any direct restrictions on the movement of the goods it attracts the provisions of article 301 and : its validity can be sustained only if it satisfies the ..... 0065/1962 : [1963]1scr491 sub-section (1) of section 4 of the rajasthan motor vehicles taxation act which provided that no motor vehicle should be used in any public place or kept for use in rajasthan unless the owner thereof had paid in respect of it, a tax at the appropriate rate specified in the schedule to the act within the time allowed was challenged on the ground that it constituted a .....

Fort Wayne Books, Inc. Vs. Indiana

Court : US Supreme Court

..... is no merit to petitioner's contention that the predicate offenses charged must have occurred in the jurisdiction where the rico indictment is brought, not only because all of petitioner's alleged predicate acts of distributing obscenity did take place in the same jurisdiction where the rico prosecution was initiated, but more significantly because such a rule would essentially turn the rico statute on its head. ..... definition of obscenity found in the relevant statute provides that a book or film (a "matter," in the law's parlance) is obscene if: "(1) the average person, applying contemporary community standards, finds that the dominant theme of the matter or performance, taken as a whole, appeals to the prurient interest in sex;" "(2) the matter or performance depicts or describes, in a patently offensive way, sexual conduct; and" "(3) the matter or performance, taken as a whole, lacks serious literary artistic, political, or scientific value. ..... this contention must be rejected in this case, if for no other reason than the fact that all of petitioner's alleged predicate acts of distributing obscenity did take place in the same jurisdiction (howard county) where the rico prosecution was initiated; petitioner lacks standing to advance this claim ..... 35-49-3-1 (1988), enacted by 1983 ind.acts 311, 33, to replace identically worded 35-30-10.1-2, which had been repealed by 1983 ind.acts 311, 49. ..... 1963 ..... 66 (1963), "a state is not free to adopt whatever procedures it pleases for dealing with .....

i.T.C. Limited Vs. George Joseph Fernandes and anr.

Court : Supreme Court of India

Reported in : AIR1989SC839; 1989(2)ARBLR49(SC); (1990)1CALLT1(SC); (1989)1CompLJ260(SC); JT1989(1)SC552; 1989(1)SCALE283; (1989)2SCC1; [1989]1SCR469; 1989(1)LC711(SC)

..... said trawlers the first defendant committed a fundamental breach of the agreement and its modifications which went to the root and affected the very substance of the same and which made its performance impossible and such a breach on the part of the first defendant has produced a situation fundamentally different from anything which the parties could as reasonable persons have contemplated when the ..... a binding contract, but a difference has arisen between them whether there has been a breach by one side or the other, or whether circumstances have arisen which have discharged one or both parties from further performance, such differences should be regarded as difference which have arisen 'in respect of or -'with regard to' or 'under' the contract, and an arbitration clause which uses these, or similar, expressions should be construed ..... . hindu college, delhi air 1949 e pun 165 wherein it has been held at paragraph 33 that the arbitration act has been enacted merely with the object of consolidating the law relating to arbitrations, and the question of the existence or validity of the contract containing an arbitration agreement being not a matter falling within the purview of the act, it cannot be said, with any show of reason, that section 32 takes away the ..... . (1963) 3 scr 183: air 1962 sc1810 the appellant company entered into a contract on september 7,1955 for the purchase of certain goods and clause 14 thereto provided that all disputes ..... ( ..... . : [1963]3scr209 , the constitution .....

City of Richmond Vs. J. A. Croson Co.

Court : US Supreme Court

..... . where there is a significant statistical disparity between the number of qualified minority contractors willing and able to perform a particular service and the number of such contractors actually engaged by the locality or the locality's prime contractors, an inference of discriminatory ..... . the nature and scope of the injury that existed; its historical or antecedent causes; the extent to which the city contributed to it, either by intentional acts or by passive complicity in acts of discrimination by the private sector; the necessity for the response adopted, its duration in relation to the wrong, and the precision with which it otherwise bore on whatever injury in fact was addressed, ..... first, the city makes no claim that the public interest in the efficient performance of its construction contracts will be served by granting a preference to ..... is not always irrelevant to sound governmental decisionmaking, the city makes no claim that the public interest in the efficient performance of its construction contracts will be served by granting a preference to minority business enterprises. pp ..... word 'rational' -- for me at least -- includes elements of legitimacy and neutrality that must always characterize the performance of the sovereign's duty to govern impartially ..... if congress tomorrow dramatically expanded title vii of the civil rights act of 1964, ..... . -- or alternatively, if it repealed that legislation altogether -- the meaning of equal protection would change precipitously .....

Pittston Coal Gp. Vs. Sebben

Court : US Supreme Court

..... the time of death shall not be used as conclusive evidence that the miner was not totally disabled; and (ii) in the case of a living miner, if there are changed circumstances of employment indicative of reduced ability to perform his or her usual coal mine work, such miner's employment in a mine shall not be used as conclusive evidence that the miner is not totally disabled;" " (c) such regulations shall not provide more restrictive criteria than ..... describes the "interim adjudicatory rules" that follow in 410.490(b) in terms that match the senate report's distinction between "evidentiary rules" and "disability evaluation criteria": "in enacting the black lung act of 1972, the congress noted that adjudication of the large backlog of claims generated by the earlier law could not await the establishment of facilities and development of medical tests not presently available to evaluate disability ..... those applicable under section 223(d) of the social security act; and" " (d) the secretary of labor, in consultation with the director of the national institute for occupational safety and health, shall establish criteria for all appropriate medical tests under this subsection which ..... the senate and house debates on the conference report provide the most dramatic evidence that members of both houses of congress understood the term "criteria" .....

Arizona Vs. Youngblood

Court : US Supreme Court

..... here, respondent has not shown that the police knew the semen samples would have exculpated him when they failed to perform certain tests or to refrigerate the boy's clothing; this evidence was simply an avenue of investigation that might have led in any number of directions ..... in this connection, both a criminologist for the state and an expert witness for respondent testified as to what might have been shown by tests performed on the samples shortly after they were gathered, or by later tests performed on the samples from the boy's clothing had the clothing been properly refrigerated. ..... after he determined that such contact had occurred, the criminologist did not perform any other tests, although he placed the assault kit back in the ..... 55 concluded on the basis of the expert testimony at trial that timely performance of tests with properly preserved semen samples could have produced results that might have completely exonerated ..... in my opinion, there may well be cases in which the defendant is unable to prove that the state acted in bad faith, but in which the loss or destruction of evidence is nonetheless so critical to the defense as to make a criminal trial fundamentally unfair ..... 83 (1963), and united states v ..... 83 (1963), we held "that the suppression by the prosecution of evidence favorable to the accused upon request violates due process where the evidence is material either to guilt or to punishment, irrespective of the good faith or bad faith of the prosecution." id .....

United Offset Process Pvt. Ltd. Vs. Asst. Collector of Customs, Bombay ...

Court : Supreme Court of India

Reported in : AIR1989SC622; (1989)1CompLJ53(SC); 1988(18)ECC473; 1988(19)LC571(SC); 1988(38)ELT568(SC); JT1989(4)SC198; 1988(2)SCALE1022; 1989Supp(1)SCC131; [1988]Supp3SCR531; [1989]74S

..... but with this modern high-performance 'tool' he can more effectively and more economically apply his know-how to production.2. ..... in the former case, justice cameron referred to the reason for the adopting the test of commercial understanding in respect of the tariff items of an excise act and observed that the legislature did not suppose our merchants to be naturalists, or geologists, or botanists. ..... this is an appeal under section 130e(b) of the customs act, 1962 (hereinafter called 'the act') which arises from the judgment and order dated 13th march, 1984 passed by the customs excise and gold (control) appellate tribunal (hereinafter called 'the tribunal'). ..... that colour scanner is assessable under the heading 90.10 at the rate of 100% plus 20% plus c.v.d at the rate of 8% as against the original assessment under the heading 90.25(i) and issued the said notice under section 28 of the customs act to show cause why the amount should not be recovered. ..... mills [1963] suppl. ..... delhi cloth & gen. ..... there is no specific technical definition as such provided in the customs tariff act or in the notification. ..... the assessing authorities, however, as mentioned hereinbefore, did not accept this contention and had inserted heading 90.25 (i) of the customs tariff act. .....

Roop Chand Adlakha and ors. Vs. Delhi Development Authority and ors.

Court : Supreme Court of India

Reported in : AIR1989SC307; [1989(58)FLR549]; JT1988(4)SC114; 1989LabIC1268; 1988(2)SCALE897; 1989Supp(1)SCC116; [1988]Supp3SCR253

..... eligibility for diploma-holders and graduates for promotion from the cadre of junior-engineers to that of assistant-engineers and from the cadre of assistant-engineers to that of executive-engineers in the public works department of the delhi development authority (dda) is violative of articles 14 and 16 of the constitution and would, therefore, require to be declared void.the high court, in the writ petitions filed by the diploma-holders, has held that ..... observed:..a wooden equality as between all classes of employees regardless of qualifications, kind of jobs, nature of responsibility and performance of the employees is not intended, nor is it practicable if the administration is to run. ..... engineers sought to assail, by means of two writ-petitions presented to the delhi high court, the constitutional validity of the prescriptions made by the rules in the matter of requirement of differential service-experiences between the graduates and diploma-holders for promotion to ..... be constitutionally valid if it recognises a pre-existing inequality and acts in aid of amelioration of the effects of such pre-existent ..... 574 dated 13.11.1963 adopting the relevant cpwd rules prescribing 3 years' and 8 years' service-experience for graduates and diploma-holders respectively and the discrimination thus ..... 574 dated 13.11.1963 adopted, pro-tanto, the rules of the central public works department (cpwd) in regard to the mode of recruitment- both by direct recruitment and by promotion-to ..... 13.11.1963 .....