Court : US Supreme Court
TXO Production Corp. v. Alliance Resources Corp. - 509 U.S. 443 (1993) OCTOBER TERM, 1992 Syllabus TXO PRODUCTION CORP. v. ALLIANCE RESOURCES CORP. ET AL. CERTIORARI TO THE SUPREME COURT OF APPEALS OF WEST VIRGINIA No. 92-479. Argued March 31, 1993-Decided June 25,1993 In a common-law slander of title action in West Virginia state court, respondents obtained a judgment against petitioner TXO Production Corp. for $19,000 in actual damages and $10 million in punitive damages. Accepting respondents' version of disputed issues of fact, the record shows, inter alia, that TXO knew that respondent Alliance Resources Corp. had good title to the oil and gas development rights at issue; that TXO acted in bad faith by advancing a claim on those rights on the basis of a worthless quitclaim deed in an effort to renegotiate its royalty arrangement with Alliance; that the anticipated gross revenues from oil and gas development-and therefore the amount of royalties that TXO sought to renego...
Tag this Judgment!Court : US Supreme Court
Brooke Group Ltd. v. Brown & Williamson Tobacco Corp. - 509 U.S. 209 (1993) OCTOBER TERM, 1992 Syllabus BROOKE GROUP LTD. v. BROWN & WILLIAMSON TOBACCO CORP. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 92-466. Argued March 29, 1993-Decided June 21,1993 Cigarette manufacturing is a concentrated industry dominated by only six firms, including the two parties here. In 1980, petitioner (hereinafter Liggett) pioneered the economy segment of the market by developing a line of generic cigarettes offered at a list price roughly 30% lower than that of branded cigarettes. By 1984, generics had captured 4% of the market, at the expense of branded cigarettes, and respondent Brown & Williamson entered the economy segment, beating Liggett's net price. Liggett responded in kind, precipitating a price war, which ended, according to Liggett, with Brown & Williamson selling its generics at a loss. Liggett filed this suit, alleging, inter alia, that volume rebat...
Tag this Judgment!Court : US Supreme Court
United States v. Parcel of Rumson, N. J., Land - 507 U.S. 111 (1993) OCTOBER TERM, 1992 Syllabus UNITED STATES v. A PARCEL OF LAND, BUILDINGS, APPURTENANCES, AND IMPROVEMENTS, KNOWN AS 92 BUENA VISTA AVENUE, RUMSON, NEW JERSEY, ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT No. 91-781. Argued October 13, 1992-Decided February 24, 1993 The Government filed an in rem action against the parcel of land on which respondent's home is located, alleging that she had purchased the property with funds given her by Joseph Brenna that were "the proceeds traceable" to illegal drug trafficking, and that the property was therefore subject to seizure and forfeiture under the Comprehensive Drug Abuse Prevention and Control Act of 1970, 21 U. S. C. 881(a)(6). The District Court ruled, among other things, that respondent, who claims that she had no knowledge of the origins of the funds used to buy her house, could not invoke the "innocent owner" defense in 881(...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1993SC1804; JT1993(2)SC1; 1993(1)SCALE489; 1994Supp(1)SCC324; [1993]1SCR891
ORDER1. These petitions under Article 226 of the Constitution of India - which were originally filed in the High Court of Sikkim and now withdrawn by and transferred to this Court under Article 139-A- raise certain interesting and significant issues of the constitutional limitations on the power of Parliament as to the nature of the terms and conditions that it could impose under Article 2 of the Constitution for the admission of new State into the Union of India. These issues arise in the context of the admission of Sikkim into the Indian Union under the Constitution (35th Amendment) Act, 1975 as the 22nd State in the First Schedule of the Constitution of India.2. Earlier, in pursuance of the resolution of the Sikkim Assembly passed by virtue of its powers under the Government of Sikkim Act, 1974, expressing its desires to be associated with the political and economic institutions of India and for the representation of the people of Sikkim in India's Parliamentary system, the Constitu...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1993SC2178; JT1993(1)SC474; 1992(2)SCALE703; (1993)1SCC645; [1993]1SCR594
ORDER1. We have had the benefit of going through the two judgments of our learned Brothers B.P. Jeevan Reddy and S. Mohan, JJ. We are in agreement with the judgment of Brother B.P. Jeevan Reddy, J. except to the extent indicated below.2. The question which arose in the case of Miss Mohini Jain v. State of Karnataka: : [1992]3SCR658 , as also in the present cases before us, is whether a citizen has a Fundamental Right to education for a medical, engineering or other professional degree. The question whether the right to primary education, as mentioned in Article 45 of the Constitution of India, is a Fundamental Right under Article 21 did not arise in Mohini Jain's case and no finding or observation on that question was called for. It was contended before us that since a positive finding on that question was recorded in Mohini Join's case it becomes necessary to consider its correctness on merits. We do not think so.3. Learned arguments were addressed in support of and against the afores...
Tag this Judgment!Court : US Supreme Court
Bray v. Alexandria Women's Health Clinic - 506 U.S. 263 (1993) OCTOBER TERM, 1992 Syllabus BRAY ET AL. v. ALEXANDRIA WOMEN'S HEALTH CLINIC ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 90-985. Argued October 16, 1991-Reargued October 6,1992Decided January 13, 1993 Respondents, abortion clinics and supporting organizations, sued to enjoin petitioners, an association and individuals who organize and coordinate antiabortion demonstrations, from conducting demonstrations at clinics in the Washington, D. C., metropolitan area. The District Court held that, by conspiring to deprive women seeking abortions of their right to interstate travel, petitioners had violated the first clause of 42 U. S. C. 1985(3), which prohibits conspiracies to deprive "any person or class of persons of the equal protection of the laws, or of equal privileges and immunities under the laws"; ruled for respondents on their pendent state-law claims of trespass and public ...
Tag this Judgment!Court : US Supreme Court
United States v. Dixon - 509 U.S. 688 (1992) OCTOBER TERM, 1992 Syllabus UNITED STATES v. DIXON ET AL. CERTIORARI TO THE DISTRICT OF COLUMBIA COURT OF APPEALS No.91-1231. Argued December 2, 1992-Decided June 28,1993 Based on respondent Dixon's arrest and indictment for possession of cocaine with intent to distribute, he was convicted of criminal contempt for violating a condition of his release on an unrelated offense forbidding him to commit "any criminal offense." The trial court later dismissed the cocaine indictment on double jeopardy grounds. Conversely, the trial court in respondent Foster's case ruled that double jeopardy did not require dismissal of a five-count indictment charging him with simple assault (Count I), threatening to injure another on three occasions (Counts II-IV), and assault with intent to kill (Count V), even though the events underlying the charges had previously prompted his trial for criminal contempt for violating a civil protection order (CPO) re...
Tag this Judgment!Court : US Supreme Court
Pioneer Investment Services Co. v. Brunswick Associates Ltd. Partnership - 507 U.S. 380 (1992) OCTOBER TERM, 1992 Syllabus PIONEER INVESTMENT SERVICES CO. v. BRUNSWICK ASSOCIATES LIMITED PARTNERSHIP ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT No. 91-1695. Argued November 30, 1992-Decided March 24,1993 As unsecured creditors of petitioner-a company seeking relief under Chapter 11 of the Bankruptcy Code-respondents were required to file proofs of claim with the Bankruptcy Court before the deadline, or bar date, established by that court. An August 3, 1989, bar date was included in a "Notice for Meeting of Creditors" received from the court by Mark Berlin, an official for respondents. Respondents' attorney was provided with a complete copy of the case file and, when asked, assertedly assured Berlin that no bar date had been set. On August 23, 1989, respondents asked the court to accept their proofs under Bankruptcy Rule 9006(b)(1), which allows a...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1993SC477; [1992]Supp2SCR454; 1992DGLS(soft)768:1992Supp(3)SCC217
ORDER1. Judgment of The Chief Justice, M.N. Venkatachallah, A.M. Ahmadi and B.P. Jeevan Reddy, JJ. Delivered by B.P. Jeevan Reddy, J.B.P. Jeevan Reddy, J.Forty and three years ago was founded this republic with the fourfold objective of securing to its citizens justice, liberty, equality and fraternity. Statesmen of the highest order the like of which this country has not seen since - belonging to the fields of law, politics and public life came together to fashion the instrument of change - the Constitution of India. They did not rest content with evolving the framework of the State; they also pointed out the goal-and the methodology for reaching that goal. In the preamble, they spelt out the goal and in parts III and IV, they elaborated the methodology to be followed for reaching that goal.2. The Constituent Assembly, though elected on the basis of a limited franchise, was yet representative of all sections of society. Above all, it was composed of men of vision, conscious of the his...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1993SC825; JT1992(6)SC235; 1992(3)SCALE45; (1993)1SCC302; [1992]Supp2SCR274
ORDERJ.S. Verma, J.1. The petitioner State of Madhya Pradesh in both these petitions seeks leave to appeal under Article 136 of the Constitution against the common judgment and order dated 8.5.1992 of the High Court of Madhya Pradesh in Miscellaneous Petition Nos. 481 of 1992 and 533 of 1992 under Article 226 of the Constitution. The High Court has allowed both these writ petitions.2. The material facts are these. In Miscellaneous Petition No. 3909 of 1987 filed in public interest by Kailash Joshi, then Leader of the Opposition in Madhya Pradesh Vidhan Sabha and now a Cabinet Minister in Madhya Pradesh, relating to the affairs of the Churhat Children's Welfare Society and the lottery conducted by it, the M.P. High Court by its judgment dated 20.1.1989 issued a direction for setting up an independent high power agency to hold an inquiry into the affairs of the said Society of which respondent No. 1 Ajay Singh was one of the office bearers. In compliance of that direction, the State Gove...
Tag this Judgment!