Court : US Supreme Court
Presley v. Etowah County Comm'n - 502 U.S. 491 (1992) OCTOBER TERM, 1991 Syllabus PRESLEY v. ETOWAH COUNTY COMMISSION ET AL. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA No. 90-711. Argued November 12, 1991-Decided January 27, 1992* Section 5 of the Voting Rights Act of 1965 requires a covered jurisdiction to obtain either judicial or administrative preclearance before enforcing any new "voting qualification or prerequisite to voting, or standard, practice, or procedure with respect to voting." In various Alabama counties, voters elect members of county commissions whose principal function is to supervise and control county road maintenance, repair, and construction. In No. 90-711, the Etowah County Commission, without seeking preclearance, passed, inter alia, its "Common Fund Resolution," which altered the prior practice of allowing each commissioner full authority to determine how to spend funds allocated to his own road district. The res...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1992SC1630; JT1991(4)SC548; 1991(2)SCALE1217; (1992)1SCC558; [1991]Supp3SCR121
ORDERK. Jagannatha Shetty, J.1. INTRODUCTION : St. Stephen's College at New Delhi and Allahabad Agricultural Institute at Naini are two of our premier and renowned institutions. The former has been affiliated to the Delhi University and the latter to the UP. University. Both are aided educational institutions and getting grant from the State funds. They have their own admission programme which they follow every academic year. The admission programme provides for giving preference in favour of Christian students. It is claimed that they are entitled to have their own admission programme since they are religious minority institutions. The validity of the admission programme and the preference given to Christian students are the issues that need to be resolved in these cases. The questions are of great constitutional importance and consequence to all minority institutions in the country.THE FACTS IN GENERALST. STEPHEN'S COLLEGE2. St. Stephen's College was founded on February 1, 1881. It i...
Tag this Judgment!Court : US Supreme Court
R.A.V. v. St. Paul - 505 U.S. 377 (1991) OCTOBER TERM, 1991 Syllabus R. A. V. v. CITY OF ST. PAUL, MINNESOTA CERTIORARI TO THE SUPREME COURT OF MINNESOTA No. 90-7675. Argued December 4, 1991-Decided June 22,1992 Mter allegedly burning a cross on a black family's lawn, petitioner R. A. V. was charged under, inter alia, the St. Paul, Minnesota, Bias-Motivated Crime Ordinance, which prohibits the display of a symbol which one knows or has reason to know "arouses anger, alarm or resentment in others on the basis of race, color, creed, religion or gender." The trial court dismissed this charge on the ground that the ordinance was substantially overbroad and impermissibly content based, but the State Supreme Court reversed. It rejected the overbreadth claim because the phrase "arouses anger, alarm or resentment in others" had been construed in earlier state cases to limit the ordinance's reach to "fighting words" within the meaning of this Court's decision in Chaplinsky v. New H...
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Suter v. Artist M. - 503 U.S. 347 (1991) OCTOBER TERM, 1991 Syllabus SUTER ET AL. v. ARTIST M. ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT No. 90-1488. Argued December 2, 1991-Decided March 25,1992 The Adoption Assistance and Child Welfare Act of 1980 provides that a State will be reimbursed by the Federal Government for certain expenses it incurs in administering foster care and adoption services, if it submits a plan for approval by the Secretary of Health and Human Services. Among its requisite features, an approved plan must provide that it "shall be in effect in all" of a State's political subdivisions and "be mandatory upon them," 42 U. S. C. 671 (a)(3), and that "reasonable efforts will be made" to prevent removal of children from their homes and to facilitate reunification of families where removal has occurred, 671(a)(15). Respondents, child beneficiaries of the Act, sought declaratory and injunctive relief, alleging that petition...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1992SC320; JT1991(6)SC184; 1991(2)SCALE844; (1991)4SCC699; [1991]Supp2SCR1
ORDERB.C. Ray, J.These writ petitions raise certain constitutional issues of quite some importance bearing on the construction of Articles 121 and 124 of the Constitution of India and of the 'The Judges (Inquiry) Act, 1968' even as they in the context in which they are brought, are somewhat unfortunate.Notice was given by 108 members of the 9th Lok Sabha, the term of which came to an end upon its dissolution, of a Motion for presenting an Address to the President for the removal of Mr. Justice V. Ramaswami of this Court. On 12th March, 1991, the motion was admitted by the then Speaker of the Lok Sabha who also proceeded to constitute a Committee consisting of Mr. Justice P.B. Sawant, a sitting Judge of this Court, Mr. Justice P.D. Desai, Chief Justice of the High Court of Bombay, and Mr. Justice O. Chinappa Reddy, a distinguished jurist in terms of Section 3(2) of The Judges (Inquiry) Act, 1968.The occasion for such controversy as is raised in these proceedings is the refusal of the Un...
Tag this Judgment!Court : Supreme Court of India
Reported in : I(1992)ACC332; AIR1992SC248; (1991)3CompLJ213(SC); JT1991(6)SC8; 1991(2)SCALE675; (1991)4SCC584; [1991]Supp1SCR251; 1992(1)LC505(SC)
Ranganath Misra, C.J.1. I entirely agree with my noble and learned Brother Venkatachaliah and hope and trust that the judgment he has produced is the epitaph on the litigation. I usually avoid multiple judgments but this seems to be a matter where something more than what is said in the main judgment perhaps should be said.2. Early in the morning of December 3, 1984, one of the greatest industrial tragedies that history has recorded got clamped down on the otherwise quiet township of Bhopal, the capital of Madhya Pradesh. The incident was large in magnitude - 2,600 people died instantaneously and quite a good number of the inhabitants of the town suffered from several ailments. In some cases the reaction manifested contemporaneously and in others the effect was to manifest itself much later.3. Union Carbide Corporation ('UCC for short), a multi-national one, has diverse and extensive international operations in countries like India, Canada, West Asia, the Far East, African countries, L...
Tag this Judgment!Court : Supreme Court of India
Reported in : I(1992)BC1(SC); 45(1991)DLT476(SC); JT1991(6)SC112; 1991(2)SCALE638; 1992Supp(2)SCC29
N.M. Kasliwal, J. 1. Special Leave granted. 2. This appeal is directed against the judgment of the Bombay High Court dated 6th November, 1990 whereby a suit filed by the Syndicate Bank under Section 6 of the Specific Relief Act, 1963 (hereinafter referred to as 'the Act') has been decreed. 3. The East India Hotels Ltd. (hereinafter referred to as 'the Company') took a loan of Rs. 30 lacs from the Syndicate Bank. By an agreement dated 27th December, 1974 the amount of Rs. 30 lacs was advanced to the company on interest at the rate of 12.5 per cent per annum and the amount was repayable in ten years. The Syndicate Bank executed a leave and licence agreement in favour of the company in respect of 15,000 sq. ft. on the mezzanine to the ground floor of the hotel Oberoi Towers situated at Nariman Point, Bombay on a monthly compensation of Rs. 60,0007- per month, belonging to the company, for a period of 12 years. The leave and licence agreement inter alia provided that at the end of the said...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1991SC2176; 1991CriLJ3086; 1991(3)Crimes232(SC); (1991)2GLR1138; JT1991(3)SC617; 1991(2)SCALE501; (1991)4SCC431; [1991]3SCR936
ORDERK.N. Singh, J.1. On 25th September, 1989, a horrendus incident took place in the town of Nadiad, District Kheda in the State of Gujarat, which exhibited the berserk behaviour of Police undermining the dignity and independence of judiciary. S.R. Sharma, Inspector of Police, with 25 years of service posted at the Police Station, Nadiad, arrested, assaulted and handcuffed N.L. Patel, Chief Judicial Magistrate, Nadiad and tied him with a thick rope like an animal and made a public exhibition of it by sending him in the same condition to the Hospital for medical examination on an alleged charge of having consumed liquor in breach of the prohibition law enforced in the State of Gujarat. The Inspector S.R. Sharma got the Chief Judicial Magistrate photographed in handcuffs with rope tied around his body alongwith the constables which were published in the news papers all over the country. This led to tremors in the Bench and the Bar throughout the whole country.2. The incident undermined ...
Tag this Judgment!Court : Supreme Court of India
Reported in : JT1992(6)SC273; 1993LabIC129; 1992Supp(3)SCC212; [1992]6SCR321
ORDER1. 'Equality of status and of opportunity...' the rubric chiselled in the luminous preamble of our vibrating and pulsating Constitution radiates one of the avowed objectives in our Sovereign, Socialist and Secular Democratic Republic. In every free country which has adopted a system of governance through democratic principles, the people have their fundamental inalienable rights and enjoy the recognition of inherent dignity and of equality analogous to the rights proclaimed in the 'Bill of Rights' in U.S.A., the 'Rights of Man' in the French Constitution of 1971 and 'Declaration of Human Rights' etc. Our Constitution is unquestionably unique in its character and assimilation having its notable aspirations contained in 'Fundamental Rights' (in part III) through which the illumination of Constitutional rights comes to us not through an artless window glass but refracted with the enhanced intensity and beauty by prismatic interpretation of the Constitutional provisions dealing with e...
Tag this Judgment!Court : Supreme Court of India
Reported in : JT1991(3)SC198; (1992)IILLJ53bSC; 1991(2)SCALE150; (1991)3SCC655; [1991]3SCR189a
Ray, J.; [Concurring]1. I have had the advantage of deciphering the two draft judgments prepared by my learned brothers Shetty and Verma, JJ. I agree with the conclusions arrived at by my learned brother Shetty, J. Yet considering the great importance of the questions involved in this matter, I deem it just and proper to consider the same and to express my own views.2. Three very important questions fall for decision in this case. First of all whether a Judge of the Supreme Court or a Judge of a High Court is a public servant within the meaning of Section 2 of the Prevention of Corruption Act, 1947. Section 2 of the Prevention of Corruption Act interprets a public servant as meaning a public servant as defined in Section 21 of the Indian Penal Code i.e. Act 45 of 1860. Section 21 of the Indian Penal Code states that a public servant denotes a person falling under any of the description mentioned therein:Third-Every Judge including any person empowered by law to discharge, whether by hi...
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