Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Sorted by: old Court: us supreme court Year: 1989 Page 10 of about 104 results (0.051 seconds)

H.J. Inc. Vs. Nw Bell Tel. Co.

Court : US Supreme Court

..... least two racketeering predicates committed within a 10-year period are necessary to establish a rico page 492 u. s. 230 pattern, but implies that two acts may not be sufficient. section 1961(5) thus assumes that there is something to a pattern beyond merely the number of predicates involved. in normal usage, the word "pattern" ..... whatever "pattern" might mean in rico, it assuredly does not mean that, "[w]here congress includes particular language in one section of a statute but omits it in another section of the same act, it is generally presumed that congress acts intentionally and purposely in the disparate inclusion or exclusion." russello v. united states, 464 u. s. 16 , 464 u ..... c. 3575(e), which defined the term "pattern of conduct which was criminal" used in a different title of the same act, and instructed them that "[t]his language may be useful in interpreting other sections of the act," 473 u.s. at 473 u. s. 496 , n. 14. thus enlightened, the district courts and courts of appeals .....

Brendale Vs. Confederated Tribes

Court : US Supreme Court

..... regime of "checkerboard" zoning authority in "open" areas of every reservation, but it would require an intrinsically standardless threshold determination as to when a section of a reservation contains sufficient non-indian land holdings to warrant an "open" classification. justice stevens' opinion suggests no benchmark for making this determination, ..... the interest of protecting the tribal community. although, at one time, the tribe's power to exclude was virtually absolute, the general allotment act (dawes act) in some respects diminished tribal authority by providing for the allotment of reservation lands in severalty to resident indians, who were eventually free to ..... sell to nonmembers. while the indian reorganization act repudiated that allotment policy, large portions of reservation lands were conveyed to nonmembers in the interim. to the extent that large portions of reservation .....

County of Allegheny Vs. Aclu

Court : US Supreme Court

..... spirit"). [ footnote 55 ] justice kennedy evidently believes that contemporary references to exclusively christian creeds (like the trinity or the divinity of jesus) in official acts or proclamations is justified by the religious sentiments of those responsible for the adoption of the first amendment. see 2 j. story, commentaries on the ..... the court is this: that we will not tolerate either governmentally established religion or governmental interference with religion. short of those expressly proscribed governmental acts, there is room for play in the joints productive of a benevolent neutrality which will permit religious exercise to exist page 492 u. s. ..... 605, and nn. 53-54, the relevant historical practices are those conducted by governmental units which were subject to the constraints of the establishment clause. acts of "official discrimination against non-christians" perpetrated in the 18th and 19th centuries by states and municipalities are, of course, irrelevant to this inquiry, .....

Webster Vs. Reproductive Health Svcs.

Court : US Supreme Court

..... has not appealed those parts of the judgment below. see juris. statement i-ii. [ footnote 3 ] ii decision of this case requires us to address four sections of the missouri act: (a) the preamble; (b) the prohibition on the use of public facilities or employees to perform abortions; (c) the prohibition on public funding of abortion ..... state, inc., 454 u. s. 464 , 454 u. s. 473 (1982). [ footnote 6 ] we therefore need not pass on the constitutionality of the act's preamble. b section 188.210 provides that "[i]t shall be unlawful for any public employee within the scope of his employment to perform or assist an abortion, not necessary to ..... moot in part by [appellees'] willingness permanently to withdraw their equitable claims from their federal action, a dismissal with prejudice is indicated." ibid. d section 188.029 of the missouri act provides: "before a physician performs an abortion on a woman he has reason to believe is carrying an unborn child of twenty or more weeks gestational .....

Union of India (Uoi) and ors. Vs. North Telumer Colliary and ors.

Court : Supreme Court of India

Reported in : AIR1989SC1728; (1989)3CompLJ80(SC); JT1989(3)SC125; 1989(2)SCALE54; (1989)3SCC411; [1989]3SCR455; 1989(2)LC479(SC)

..... of the erstwhile owner lying in the hands of the commissioner of payment would include the interest which has been paid to the commissioner under section 18(5). similarly section 24 of the coal act says that unsecured creditors will be paid out of the money credited to the account of coal mine. moneys credited to the account of coal ..... a coal mine do not include the money accrued by way of interest. there is no basis for this interpretation. the plain reading of section 26 read with section 18(5) of the coal act makes it clear that moneys paid to the commissioner in relation to a coal mine are to be used for satisfying the debts and liabilities. ..... meeting the liabilities of all the secured and unsecured creditors, he shall disburse such balance to the owner of such coal mine.5. relevant provisions of the coal act are reproduced hereinafter.section 3 acquisition of rights of owners in respect of coal mines. (1) on the appointed day, the right, title and interest of the owners in relation .....

State of Madhya Pradesh Vs. Narayan Singh and ors.

Court : Supreme Court of India

Reported in : AIR1989SC1789; 1989CriLJ2101; 1989(3)Crimes16(SC); JT1990(3)SC239; 1989(2)SCALE93; (1989)3SCC596; [1989]3SCR549; 1989(2)LC700(SC)

..... nathu lal's case.8. the high court i hereafter proceeded to consider the further amendment effected to section 7 of the act pursuant to the recommendation of the law commission in its 47th report.9. though for the purpose of the two appeals on hand, it would be ..... as an essential condition of the of fence was excluded so that every contravention whether intentional or otherwise was made an offence under section 7 of the act. thus by introducing these words in section 7 by the aforesaid statutory amendment, (he legislature made its intention explicit and nullified the effect of the supreme court dicta in ..... licence and the provisions of the licensing order. consequently, the collector ordered confiscation of 100 tins of groundnut oil from out of the 3971 ins under section 6(1) of the essential commodities act. on the firm preferring an appeal, the appellate authority, viz. additional sessions judge, kaira at nadiad held 'that clause (11) of the .....

Smt. Kasturi (Dead) by Lrs Vs. Gaon Sabha

Court : Supreme Court of India

Reported in : JT1989(3)SC228; 1989(2)SCALE77; (1989)4SCC55; [1989]3SCR591; 1990(1)LC11(SC)

..... paragraph 4(d) of the plaint, plaintiff pleaded that the suit land was not 'land' and was not banjar (waste) and did not come within section 154(1)(i) to (vii) of the act and, therefore, there was no vesting in law. the proprietor, according to the plaintiff, grew fuel wood and partly used the property as ghat wars ..... . 4. the only other submission advanced on behalf of the plaintiff for our consideration is that the disputed property did not constitute 'land' as defined in section 3(13) of the act and, therefore, the right, title and interest of the appellant as proprietor of the property was in no way affected by the provisions of the ..... the case of haiti v. sunder singh : [1971]2scr163 settled the legal position that a claim under section 11 of the act for declaration of bhumidari right was not maintainable in the civil court in view of section 185 of the act read with schedule i and exclusive jurisdiction for adjudication of such claims vested in the appropriate revenue court. .....

Cardamom Planters' Association, Bodinayakannur Vs. Deputy Commissioner ...

Court : Supreme Court of India

Reported in : AIR1989SC2202; JT1989(3)SC398; 1989(2)SCALE233; (1989)4SCC179; [1989]3SCR719; [1989]75STC118(SC)

..... the definition contained in clause (c). this is also the finding of the tribunal and is also admitted by the assessee. likewise, the provisions of section 5 of the sales tax act and section 3 of the surcharge act, read with the definitions of the words 'turnover' 'taxable turnover' and 'total turnover', leave no doubt that the assessee's taxable turnover has to ..... respect of tax, the society can be assessed to sales tax only on the aggregate turnover relating to those of its' principals who are liable to tax under section 5 of the act. the high court has rightly pointed out that the assessee had not claimed, for purposes of sales tax, that the turnover of goods dealt with by it ..... in respect of the turnover of the principals where total turnover is not less than rs. 30,000.this will also mean that, after the amendment of section 3 of the surcharge act in 1976 that the agent will be liable to a surcharge at 8% in respect of the turnover on behalf of principals whose total turnover exceeds rs. .....

Prathama Bank, Head Office, Moradabad, Through Its Chairman Vs. Vijay ...

Court : Supreme Court of India

Reported in : AIR1989SC1977; [1990]67CompCas71(SC); (1989)3CompLJ199(SC); [1989(59)FLR601]; JT1989(3)SC432; 1989(2)SCALE350; (1989)4SCC441; [1989]3SCR935; 1990(1)LC169(SC); (1990)1UPLBEC

..... under articles 38 and 48 of part iv of the constitution through them. to ensure that the object of establishing rural banks is fully achieved, sub-section (2) of section 20 of the act has brought both the houses of the parliament also in the picture in the following words : .(2) the central government shall cause every auditor's ..... ) a local authority not being a cantonment board; or(iii) any other corporation owned or controlled by the state government (including any company as defined in section 3 of the companies act, 1956 in which not less than fifty per cent of paid up share capital is held by the state government) but does not include -(1) a ..... india services or other central services; the appellant prathama bank is not covered by the above definition. it was constituted in exercise of power conferred by section 3 of the regional rural banks act, 1976. it has been sponsored by the syndicate bank, a nationalised bank. although fifteen per cent of the total capital of the bank has .....

Pandurang Ramchandra Mandlik (Since Deceased) by His Lrs. and anr. Vs. ...

Court : Supreme Court of India

Reported in : AIR1989SC2240; JT1989(3)SC647; 1989(2)SCALE572; 1989Supp(2)SCC627; [1989]2SCR1; [1989]Supp2SCR1

..... 78 was not taken note of, the issue would arise whether the plaintiff was an agriculturist and in view of the provisions of section 70(a) read with section 85 and section 85a of the act, the issue would have to be referred to the mamlatdar for decision as the civil court would have no jurisdiction to decide the issue ..... inferred, but that such exclusion must either be explicitly expressed or clearly implied.in our opinion, there is nothing in the language or context of section 70 or section 85 of the act to suggest that the jurisdiction of the civil court is expressly or by necessary implication barred with regard to the question whether the defendants had ..... the suit lands and mesne profits averring that the lease was fraudulently obtained by the respondents. the respondents contended that they became statutory owners under section 32 or section 88 of the act and the civil court had no jurisdiction to decide the suit. the trial court decreed the suit and on appeal the high court held that .....