Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Sorted by: old Court: us supreme court Year: 1989 Page 3 of about 104 results (0.467 seconds)

Deshaney Vs. Winnebago Cty. Dss

Court : US Supreme Court

..... 317 . [ footnote 8 ] of course, the protections of the due process clause, both substantive and procedural, may be triggered when the state, by the affirmative acts of its agents, subjects an involuntarily confined individual to deprivations of liberty which are not among those generally authorized by his confinement. see, e.g., whitley v. ..... institutionalization, or other similar restraint of personal liberty -- which is the "deprivation of liberty" triggering the protections of the due process clause, not its failure to act to protect his liberty interests against harms inflicted by other means. [ footnote 8 ] page 489 u. s. 201 the estelle-youngberg analysis simply has no ..... its social workers, received complaints that petitioner was being abused by his father, and took various steps to protect him; they did not, however, act to remove petitioner from his father's custody. petitioner's father finally beat him so severely that he suffered permanent brain damage, and was rendered profoundly .....

U.S. Vs. Ron Pair Enterprises

Court : US Supreme Court

..... no significant reason why congress would have intended, or any policy reason would compel, that consensual and nonconsensual liens be treated differently in allowing post-petition interest. section 506(b)'s language clearly directs that post-petition interest be paid on all oversecured claims. midlantic national bank v. new jersey dept. of environmental protection, 474 ..... unit, and is not compensation for actual pecuniary loss. . . ." [ footnote 8 ] the rule preventing discharge of criminal fines was articulated promptly after the bankruptcy act of 1898 was passed, see in re moore, 111 f. 145, 148-149 (wd ky.1901), and was uniformly accepted at the time congress was considering the ..... grant that protection." report at 4-5 (emphasis added). whether or page 489 u. s. 249 not congress took notice of the pre-code standard, it acted with sufficient clarity in enacting the statute. the judgment of the court of appeals is reversed. it is so ordered. [ footnote 1 ] most bankruptcy courts .....

Teague Vs. Lane

Court : US Supreme Court

..... u.s. at 401 u. s. 692 (opinion concurring in judgments in part and dissenting in part) -- is not relevant here. application of the fair cross-section requirement to the petit jury would not accord constitutional protection to any primary activity whatsoever. the second exception suggested by justice harlan -- that a new rule should be ..... this statute and its forbears to authorize federal courts to grant writs of habeas corpus whenever a person's liberty is unconstitutionally restrained. shortly after the habeas corpus act of 1867, ch. 27, 14 stat. 385, empowered federal courts to issue writs of habeas corpus to state authorities, we noted: "this legislation is of ..... to reconsider the wisdom of prior decisions in every case they confront, and because it fosters predictability in the law, permitting litigants and potential litigants to act in the knowledge that precedent will not be overturned lightly and ensuring that they will not be treated unfairly as a result of frequent or unanticipated .....

United States Vs. Stuart

Court : US Supreme Court

..... rule, stated in 155, that executive interpretations of international agreements are given great weight by courts in the united states or because, as explained in comment a to this section, the courts wish to avoid if possible creating disharmony between the international and the domestic meanings of international agreements." restatement (second) of foreign relations law of the united ..... abra silver mining co. v. united states, 175 u. s. 423 , 175 u. s. 460 (1899); head money cases, 112 u. s. 580 , 112 u. s. 599 (1884). but it is a far cry from all of this to say that the meaning of a treaty can be determined, not by a reservation attached to the president's ..... this proviso was adopted by the senate, there is no evidence that it ever received the sanction or approval of the president. it cannot be considered as a legislative act, since the power to legislate is vested in the president, senate and house of representatives. there is something, too, which shocks the conscience in the idea that a .....

Twa Vs. Flight Attendants

Court : US Supreme Court

..... needs of passengers and shippers. . . . moreover, other railroads may be tempted to follow the example of this carrier, thus provoking bitter and disruptive disputes in other sections of the country." florida east coast r. co. , 41 lab.arb. at 1006-1007. this risk should be taken only if absolutely necessary to the carrier's ..... justice o'connor delivered the opinion of the court. we decide today whether, at the end of a strike, an employer is required by the railway labor act (rla or act), 44 stat. 577, as amended, 45 u.s.c. 151 et seq., to displace employees who worked during the strike in order to reinstate striking ..... for the eighth circuit syllabus although petitioner airline (twa) and respondent flight attendants' union (iffa) pursued all the required dispute resolution mechanisms of the railway labor act (rla), their negotiations over a new collective bargaining agreement were unsuccessful. the parties bargained over wages and working conditions, but not over the existing agreement's .....

Abdul Razak Abdul Wahab Sheikh Vs. S.N. Sinha, Commissioner of Police, ...

Court : Supreme Court of India

Reported in : AIR1989SC226; 1989CriLJ2303; (1989)2GLR940; JT1989(1)SC478; 1989(1)SCALE542; (1989)2SCC222; [1989]1SCR890; 1989(2)LC36(SC)

..... of bombaypolice act.11. it has also ..... 2/88 under section 307, 120(b) of pending i.p.c. under section 3(1) of for exa-terrorists act, under section 4, mention.5 of explosives act,under section 25(l)(c)(l) of arms act and under section 135(1) ..... p.s. kalupur case no. 372/85 under section 25(a)(c) of arms pending in act, sections 4, 5 of court explosive act.2. p.s. kalupur case no. 456/87 under section 120(b) of i.p.c. pending under section 25(1)(e)(c) of for exa-arms act and under section (1) mention of the terrorists act, 1985.3. p.s. kalupur case no. .....

Volt Inf. Sciences Vs. Stanford Univ.

Court : US Supreme Court

..... a waiver whose validity must be judged by reference to federal, rather than state, law, fundamentally misconceives the nature of the rights created by the faa. section 4 of that act does not confer an absolute right to compel arbitration, but only a right to obtain an order directing that "arbitration proceed in the manner provided for in ..... co., 417 u. s. 506 , 417 u. s. 511 (1974) (quoting h.r.rep. no. 96, 68th cong., 1st sess., 1, 2 (1924)). section 2 of the act therefore declares that a written agreement to arbitrate in any contract involving interstate commerce or a maritime transaction "shall be valid, irrevocable, and enforceable, save upon such grounds as ..... supra, at 465 u. s. 16 , n. 10 (expressly reserving the question whether " 3 and 4 of the arbitration act apply to proceedings in state courts"); see also id. at 29 (o'connor, j., dissenting) (sections 3 and 4 of the faa apply only in federal court). justice brennan, with whom justice marshall joins, dissenting. the litigants .....

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

Court : US Supreme Court

..... c), requires that producers who sell natural gas to pipelines for resale in interstate commerce must obtain a certificate of public convenience and necessity from ferc. section 7(b) of the act, 15 u.s.c. 717f(b), obligates certificated producers to continue supplying gas in the interstate market until ferc authorizes an abandonment. see united gas ..... the flow of interstate commerce from wellhead to delivery to consumers." maryland v. louisiana, 451 u. s. 725 , 451 u. s. 748 (1981). [ footnote 8 ] section 1(b) of the nga, 15 u.s.c. 717(b), also expressly carves out a regulatory role for the states, however, providing that the states retain jurisdiction over ..... a field that congress has marked out for comprehensive and exclusive federal control, but, in fact, regulates in a field that congress expressly left to the states. section 1(b) of the nga carefully divides up regulatory power over the natural page 489 u. s. 494 gas industry, conferring on ferc exclusive jurisdiction over interstate .....

Carona Shoe Co. Ltd. and anr. Vs. K.C. Bhaskaran Nair

Court : Supreme Court of India

Reported in : AIR1989SC1110; [1989]1CompCas660(SC); JT1989(1)SC525; 1989(2)KLT306(SC); 1989(1)SCALE588; (1989)2SCC395; [1989]1SCR974; 1989(2)LC57(SC)

..... purshottam (supra) and pomalji govindji (supra), we are of the opinion that the contentions of sri iyer cannot be sustained, the non obstante clause in section 11(a) of the act is applicable only to a decree for eviction obtained by a landlord against a tenant. the appellants were never the tenants of the respondent.20. in ..... or heirs of a deceased tenant and a person continuing in possession after the termination of the tenancy in his favour. similarly, landlord is defined under section 2(3) of the act as follows:(3) 'landlord' includes the person who is receiving or is entitled to receive the rent of a building, whether on his own account ..... that in respect of the urban immovable properties, the tenants do not get any protection after the redemption of mortgage, sri iyer, however, drew our attention to section 11 of the act, to contend that notwithstanding anything contained in any other law or contract, a tenant shall not be evicted, whether in execution of a decree or otherwise, except .....

Nat'l Treas. Emp. Union Vs. Von Raab

Court : US Supreme Court

..... indeed, petitioners' objection is based on those features of the service's program -- the provision of advance notice and the failure of the sample collector to observe directly the act of urination -- that contribute significantly to diminish the program's intrusion on privacy. see supra at 489 u. s. 672 -673, n. 2. thus, under petitioners' ..... advance notice that she would be visited by a welfare caseworker minimized the intrusion on privacy occasioned by the visit). there is no direct observation of the act of urination, as the employee may provide a specimen in the privacy of a stall. further, urine samples may be examined only for the specified drugs. ..... , as those tests invade reasonable expectations of privacy. our earlier cases have settled that the fourth amendment protects individuals from unreasonable searches conducted by the government, even when the government acts as an employer, o'connor v. ortega, 480 u. s. 709 , 480 u. s. 717 (1987) (plurality opinion); see id. at 480 u. s. .....