Court : US Supreme Court
..... after commenting on the absence of an employee exclusion, senator ervin proposed the following amendment: "[t]he term 'employee' as set forth in the original act of 1964 and as modified in the pending bill shall not include any person elected to public office in any state or political subdivision of any state by the qualified voters thereof, or any person chosen by such person to advise him in respect to the exercise of the constitutional or legal powers of his office ..... amendment would provide, for the purposes of the bill and for the basic law, that an elected individual is not an employee and, th[e]refore, the law could not cover him. ..... in that case, the court struck down under the equal protection clause a new york city law that provided a flat ban against the employment of aliens in a wide variety of city jobs ..... 9 (1976) (extension of title vii to states was pursuant to congress' 5 power ..... in several subsequent cases, we have applied the "political function" exception to laws through which states exclude aliens from positions "intimately related to the process of democratic self- ..... that definition, it is clear that the decisionmaking engaged in by common law judges, such as petitioners, places them "on the policymaking level. ..... that being the case, our diminished scrutiny of state laws in the "political function" cases, brought under the fourteenth amendment, argues strongly for special care when interpreting alleged congressional intrusions into state sovereignty under the commerce .....
Tag this Judgment!Court : US Supreme Court
..... opinion explaining why state tribunals with ordinary jurisdiction over tort litigation can be required to hear cases arising under the federal employers' liability act applies equally to local law enforcement officers whose ordinary duties parallel the modest obligations imposed by the brady act: "the suggestion that the act of congress is not in harmony with the policy of the state, and therefore that the courts of the state are free to decline jurisdiction, is ..... it is impossible to reconcile the court's present view that testa rested entirely on the specific reference to state judges in the supremacy clause with our extension of that early case in ferg.32 even if the court were correct in its suggestion that it was the reference to judges in the supremacy clause, rather than the central message of the entire clause, that dictated ..... narrowly, what basis is there in any of those sources for concluding that it is the members of this court, rather than the elected representatives of the people, who should determine whether the constitution contains the unwritten rule that the court announces today? ..... at 167-168 (mentioning, inter alia, the clean water act, the occupational safety and health act of 1970, and the resource conservation and recovery act of 1976). ..... 1976) (statement of james wilson); see also calabresi & prakash, the president's power to execute the laws, 104 yale l. ..... 833 , 853 (1976) (overruled by garcia ..... 20 (1976), but that case was overruled in its entirety by garcia .....
Tag this Judgment!Court : Supreme Court of India
..... the high court has arrived at a finding offactin disregard of a judicial process, principles of natural justice or a fair hearing or has acted in violation of a mandatory provision of law or procedure resulting in serious prejudice or injustice to the accused; (5) this court might also interfere where on the provedfactswrong inferences of law have been drawn or where the conclusions of the high court are manifestlyperverseand based on no evidence: it is very difficult to lay ..... also clear that the very fact that the relaxation could not be granted after bearing these main considerations in mind would show that there was some rule for the extension of the sitting accommodation in these theatres within the rules, though the provision of some of the additional seats may perhaps have been to some extent contrary to some ..... the least, therefore, that can be said is that the argument that no obligation arose to remove the additional seats by reason of the repeal of the notification dated 30th september, 1976 is untenable not only on merits, but also because the same is no longer available in view of what has been stated above, and the fact that the question stands concluded by the ..... , they ought not to have resisted the removal of 43 extra seats in the balcony as ordered by the licensing authority pursuant to the withdrawal of the 1976 notification, and they ought not to have failed to cure the defects in their premises pointed out by the mcd after the inspection in 1983.156. .....
Tag this Judgment!Court : Kerala
..... banks, primary agricultural and rural development banks, urban banks and farmer's service co-operative banks shall submit application for opening offices in the name of regional office, zonal office, branch office, sub office or extension centre as per the norms fixed by the registrar from time to time, and every such application shall be accompanied by a chalan receipt for the remittance of fees calculated at the rates given below: ..... the proposed society are in accordance with section 4; c) that the area of operation of the proposed society and the area of operation of another society of similar type do not overlap; d) that the proposed bye-laws are not contrary to the provisions of this act and the rules; and e) that the proposed society complies with the requirements of sound business; he may register the society and its bye ..... bank is to grant loan upto rs.25 lakhs particularly the housing loans, for utilizing the excess money in a useful manner it is seen that extension of the area of operation of the bank which is at present having nominal members in the kozhikode taluk itself will be beneficial to the common ..... the above case the court held that the factual position as noted in the judgment clearly proved that the society fulfilled the qualification of primary credit society and hence election from one seat for depositor was upheld. ..... state of kerala and others [1976 klt 437] had occasion to consider the correctness of the judgment in ..... bashir ahmed and others [air 1976 sc 578]. .....
Tag this Judgment!Court : Mumbai
..... similarly, even after the challenge to the decisions of this court in the case of nanda chavan (supra) and connected matters failed before the hon'ble supreme court, though the issues of law raised in the special leave petitions were kept open, the state government did not challenge the subsequent decision in the case of sushma kumar arya (supra), thereby extending the benefit of tbps ..... legal position arising therefrom, the state government has extended the benefit under tbps and acps, to large number of its employees and therefore, the state government cannot resist the extension of the very same benefit to the respondents-employees, if the principle of equality enshrined in article 14 of the constitution of india is to be complied with. ..... the hon'ble supreme court after concluding that the extension of concessions or relaxation from restrictions in favour of 98 stall owners was itself contrary to law observed that the petitioners stall owners cannot, in the name of equality, insist upon perpetuation ..... recruitment of work charged employees, their pay, and conditions of employment are altogether different from persons appointed in the regular establishment against sanctioned posts after following the procedure prescribed under the relevant acts or the rules and their duties and responsibilities are also substantially different than those of regular employees. ..... subsequently on 7 december 1976 and 13 december 1976 the appellants were transferred to pandt department in public interest .....
Tag this Judgment!Court : Karnataka
..... 14, the limitation period continues to be three months and not more, but in computing the limitation period of three months for the application under section 34(1) of the arbitration act, the time during which the applicant was prosecuting such application before the wrong court is excluded, provided the proceeding in the wrong court was prosecuted bona fide and with due ..... 34 of the arbitration act, and considering the same in light of section 29(2) of the limitation act, it was observed that when any special statute prescribes certain period of limitation as well as provision for extension up to specified time limit on sufficient cause being shown, the period of limitation prescribed under the special law shall prevail and to that extent, the provisions of limitation act shall stand excluded. ..... held on a consideration of the scheme of the provisions concerning the filing of election petition under the representation of the people act, 1951, that section 5 of the limitation act did not govern the filing of the election petition or their trial and hence, the application filed for condonation of delay did ..... mcd [(1976) 1 scc392, and by following other decisions such as in the case of popular construction company, ongc limited and chhattisgarh state electricity board, held that section 421(3) of the companies act, 2013 does not merely contain the initial period of 45 days being for filing an -: -"appeal, but also goes on to state that another period of 45 days, being a grace period, .....
Tag this Judgment!Court : Supreme Court of India
..... include the reservation of seats for election to the vil- lage panchayat samitis, zilla parishads, municipal councils, municipal corporations, etc; (e) it is expedient to provide for reservation to such classes in admissions to educational insti- tutions including private edu- ..... reser- vation currently applicable in the state, only for those who are not in creamy layer; (c) it is expedient to provide for 16 percent of reservation to such category; (d) it is expedient to make special provision, by law, or the ad- vancement of any socially and ed- ucationally backward classes of citizens, in so far as admission to educational institutions, other than the minority educa- tional institutions, is concerned but such special provisions shall not ..... , air1954sc569 had occasion to find out the majority opinion of a seven-judge bench judgment delivered by this court in re delhi laws act, 1912, ajmer-merwara (extension of laws)act, 1947 vs ..... . thomas and others, 1976 (2) scc310 in the above case the constitution bench had occasion to examine rule 13-aa of kerala state and subordinate services rules, 1958 which empower the state to grant exemption ..... thomas and others, (1976) 2 scc310 akhil bharatiya soshit karamchari sangh, (railway) versus union of ..... the majority in thomas [(1976) 2 scc310 380] .....
Tag this Judgment!Court : Karnataka
..... worker and office bearer of various organizations like jaya karnataka organisation and nava yuva shakti with serious political ambitions acted as a prime conspirator of the murder of the deceased, who contested the zilla panchayat election, dharwad during 2016 and has won the election and therefore, accused no.1 conspired with others accused persons including accused no.5 and decided to eliminate the deceased on ..... the investigation in a fair and proper manner to both victim as well as accused persons, thereby some of the accused persons have been shielded to escape from the clutches of law and the subsequent supplementary charge sheets filed clearly illustrates that the very investigating officers accused nos.19 and 20 have colluded with accused persons by receiving gratification in order to ..... deceased filed writ petition nos.58183- 184/17 for a writ of mandamus directing the cbi to investigate the murder of yogishgouda goudar and submit report and to take action as per law and direct the respondent nos.4 and 5 therein (state of karnataka, represented by its chief secretary and the secretary, home department, government of karnataka respectively) to initiate action ..... . the growth and spread of crime indicates indian society has been pervading and criminal elements developed an extensive network of contacts and the nexus between the politicians, bureaucrats and criminal elements in our country has been on rise, the adverse effects of ..... (1976) 4 scc190 ..... (1976) 4 scc190 .....
Tag this Judgment!Court : Karnataka
..... worker and office bearer of various organizations like jaya karnataka organisation and nava yuva shakti with serious political ambitions acted as a prime conspirator of the murder of the deceased, who contested the zilla panchayat election, dharwad during 2016 and has won the election and therefore, accused no.1 conspired with others accused persons including accused no.5 and decided to eliminate the deceased on ..... the investigation in a fair and proper manner to both victim as well as accused persons, thereby some of the accused persons have been shielded to escape from the clutches of law and the subsequent supplementary charge sheets filed clearly illustrates that the very investigating officers accused nos.19 and 20 have colluded with accused persons by receiving gratification in order to ..... deceased filed writ petition nos.58183- 184/17 for a writ of mandamus directing the cbi to investigate the murder of yogishgouda goudar and submit report and to take action as per law and direct the respondent nos.4 and 5 therein (state of karnataka, represented by its chief secretary and the secretary, home department, government of karnataka respectively) to initiate action ..... . the growth and spread of crime indicates indian society has been pervading and criminal elements developed an extensive network of contacts and the nexus between the politicians, bureaucrats and criminal elements in our country has been on rise, the adverse effects of ..... (1976) 4 scc190 ..... (1976) 4 scc190 .....
Tag this Judgment!Court : Karnataka
..... worker and office bearer of various organizations like jaya karnataka organisation and nava yuva shakti with serious political ambitions acted as a prime conspirator of the murder of the deceased, who contested the zilla panchayat election, dharwad during 2016 and has won the election and therefore, accused no.1 conspired with others accused persons including accused no.5 and decided to eliminate the deceased on ..... the investigation in a fair and proper manner to both victim as well as accused persons, thereby some of the accused persons have been shielded to escape from the clutches of law and the subsequent supplementary charge sheets filed clearly illustrates that the very investigating officers accused nos.19 and 20 have colluded with accused persons by receiving gratification in order to ..... deceased filed writ petition nos.58183- 184/17 for a writ of mandamus directing the cbi to investigate the murder of yogishgouda goudar and submit report and to take action as per law and direct the respondent nos.4 and 5 therein (state of karnataka, represented by its chief secretary and the secretary, home department, government of karnataka respectively) to initiate action ..... . the growth and spread of crime indicates indian society has been pervading and criminal elements developed an extensive network of contacts and the nexus between the politicians, bureaucrats and criminal elements in our country has been on rise, the adverse effects of ..... (1976) 4 scc190 ..... (1976) 4 scc190 .....
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