Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Sorted by: old Court: us supreme court Year: 1989 Page 4 of about 104 results (0.050 seconds)

Commissioner Vs. Clark

Court : US Supreme Court

..... his stock in the acquired corporation for less than a 1% interest in the acquiring corporation and a substantial cash boot. section 356(a)(2) finds its genesis in 203(d)(2) of the revenue act of 1924. see 43 stat. 257. although modified slightly over the years, the provisions are, in relevant substance, ..... as though the relevant distribution involved a single corporation's (nl's) stock redemption, which dividend equivalency is determined according to 302 of the code. section 302 shields distributions from dividend taxation if the cash redemption is accompanied by sufficient loss of a shareholder's percentage interest in the corporation. the court of ..... payments. any significant cash payment in a stock-for-stock exchange distributed to a sole shareholder of an acquired corporation will automatically receive capital gains treatment. section 356(a)(2)'s exception for such payments that have attributes of a dividend disappears. congress did not intend to handicap the commissioner and courts with .....

Doj Vs. Reporters Comm. for Free Press

Court : US Supreme Court

..... could reasonably be expected to" constitute such an invasion. [ footnote 10 ] "the duty to compile such records is set forth in 28 u.s.c. 534. that section provides that the attorney general is to 'acquire, collect, classify, and preserve identification, criminal identification, crime and other records,' and that he is to 'exchange these records ..... personal privacy" (emphasis added), we do not think that the exemption's use of the singular mandates ad hoc balancing. the exemption in full provides: "this section does not apply to matters that are -- records or information compiled for law enforcement purposes, but only to the extent that the production of such law enforcement ..... out-of-state arrests or convictions. [ footnote 2 ] ii the statute known as the foia is actually a part of the administrative procedure act (apa). section 3 of the apa, as enacted in 1946, gave agencies broad discretion concerning the publication of governmental records. [ footnote 3 ] in 1966, congress amended that .....

Jayantbhai Manubhai Patel and ors. Vs. Arun Subodhbhai Mehta and ors.

Court : Supreme Court of India

Reported in : AIR1989SC1289; (1989)2GLR1085; JT1989(3)SC156; 1989(1)SCALE701; (1989)2SCC484; [1989]2SCR110; 1989(2)LC315(SC)

..... pari materia with the facts before us. it was held by the learned single judge of that court that on a plain reading of sub-section (11) of section 51 of the gujarat municipality act it is clear that a meeting can be adjourned only provided a majority of the councillors accord their consent to such adjournment. it was also ..... the division bench which decided the chandrakant khaire's case, might not have made the aforestated observations at all. in our view, the principles underlying section 21 of the bombay general clauses act would be clearly applicable in considering the scope of the powers of the mayor of a municipal corporation set out in clause 1 of chapter ii ..... to cancel or postpone the meeting.6. in order to appreciate these contentions, it is necessary to refer to certain provisions of the said act.7. the relevant clauses of section 19 of the said act runs as follows:19. mayor and deputy mayor(1) the corporation shall at its first meeting after general elections and at its first .....

Texas St. Teach. Ass'n Vs. Garland ISD

Court : US Supreme Court

..... the fee-shifting provisions, and promises to mire district courts entertaining fee applications in an inquiry which two commentators have described as "excruciating." see m. schwartz & j. kirklin, section 1983 litigation: claims, defenses, and fees 15.11, p. 348 (1986). creating such an unstable threshold to fee eligibility is sure to provoke prolonged litigation, thus deterring ..... an action brought under certain civil rights statutes such that the party is eligible for an award of attorney's fees under the civil rights attorney's fees awards act of 1976, 90 stat. 2641, 42 u.s.c. 1988. this is an issue which has divided the courts of appeals both before and after our decision ..... s.c. 1988, provides in pertinent part: "in any action or proceeding to enforce a provision of sections 1981, 1982, 1983, 1985, and 1986 of this title, title ix of public law 92-318, or title vi of the civil rights act of 1964, the court, in its discretion, may allow the prevailing party, other than the united states .....

Davis Vs. Michigan Dept. of Treasury

Court : US Supreme Court

..... employment with the federal government, except to the extent that such taxation discriminates on account of the source of the compensation. iii section 111 was enacted as part of the public salary tax act of 1939, the primary purpose of which was to impose federal income tax on the salaries of all state and local government ..... " the pay or compensation" in the last clause of 111 must, in context, mean the same "pay or compensation" defined in the first part of the section. since that "pay or compensation" includes retirement benefits, the nondiscrimination clause must include them as well. page 489 u. s. 810 any other interpretation of the nondiscrimination ..... court of appeals affirmed, ruling that appellant is an "annuitant" under federal law, rather than an "employee" within the meaning of 111, and that that section therefore has no application to him. the court of appeals also held that the doctrine of intergovernmental tax immunity did not render the state's discriminatory tax scheme .....

Jaloba Vs. State of Haryana

Court : Supreme Court of India

Reported in : 1989Supp(2)SCC197

..... is on the face of it untenable in the light of sections 6 and 9 of the act. section 6 lays down that if in any area notified by the state government under the act a person contravenes any provision or rule made under the arms act, the explosives act, the explosive substances act and the inflammable substances act then he is liable to enhanced punishment as provided for in ..... the section. section 9 lays down that notwithstanding anything contained in the code, every offence punishable under the act or any rule made thereunder shall be triable only by the designated court within whose local .....

Bansidhar and ors. Vs. State of Rajasthan and ors.

Court : Supreme Court of India

Reported in : AIR1989SC1614; JT1989(2)SC518; 1989(1)SCALE1091; (1989)2SCC557; [1989]2SCR152; 1989(2)LC295(SC); 2(1989)WLN(Rev)90

..... law to any case, not already finally concluded thereunder, as impermissible in law as unreasonable in its consequences if permitted. it was urged that section 3 of the 1973 act was a clinching indicator in this behalf when it provided that the provisions of the later law 'shall have effect notwithstanding anything inconsistent contained ..... the provisions of the new enactment would have to be looked into not for the purpose of ascertaining whether the consequences envisaged by section 6 of the general clauses act ensued or not ..sec. 6 would indeed be attracted unless the new legislation manifests a contrary intention but only for the purpose of determining whether the ..... even if there is simultaneous enactment unless a contrary intention can be gathered from the new enactment. of course, the consequences laid down in section 6 of the act will apply only when a statute or regulation having the force of a statute is actually repealed....addressing itself to the question whether, having regard .....

Builders Association of India and ors. Vs. Union of India (Uoi) and or ...

Court : Supreme Court of India

Reported in : AIR1989SC1371; 1989(2)ARBLR356(SC); (1989)2CompLJ1(SC); JT1989(2)SC47; 1989(1)SCALE770; (1989)2SCC645; [1989]2SCR320; [1989]73STC370(SC)

..... of article 366, the sales tax law of a state which provides for levy of sales tax thereon will have to comply with the restrictions mentioned in section 15 of the central sales tax act, 1956. clause (b) is an additional provision which empowers parliament to impose any additional restrictions or conditions in regard to the levy of sales tax on ..... the contract for the purpose of executing a works contract cannot be treated as a part of the taxable turnover. the restrictions and conditions contained in section 15 of the central sales-tax act, 1956, on the power of the states to levy lax on the sale of declared goods apply equally and fully to transfer of properly in goods ..... suffered sales tax at an earlier point in the state and whether on such goods the tax which was being levied exceeded the limit prescribed by section 15 of the central sales tax act, 1956, they did not also take into consideration whether the sale of the goods in question had been exempted under the sales tax laws of .....

Mississippi Choctaw Indians Vs. Holyfield

Court : US Supreme Court

..... 393 f.supp. 719 (wd mich.1973) (discussing custom of extended family and tribe assuming responsibility for care of orphaned children). [ footnote 5 ] section 1911(a) reads in full: "an indian tribe shall have jurisdiction exclusive as to any state over any child custody proceeding involving an indian child who ..... and family service programs." house report, at 8 (footnote omitted). see also 124 cong.rec. 38102 (1978) (remarks of rep. udall) ("[the act] clarifies the allocation of jurisdiction over indian child custody proceedings between indian tribes and the states. more importantly, it establishes minimum federal standards and procedural ..... parental rights termination proceedings, and that this practice caused serious problems for the children, their parents, and their tribes, congress enacted the indian child welfare act of 1978 (icwa), which, inter alia, gives tribal courts exclusive jurisdiction over custody proceedings involving an indian child "who resides or is domiciled within" .....

California Vs. Arc America Corp.

Court : US Supreme Court

..... appeals is therefore reversed. so ordered. justice stevens and justice o'connor took no part in the consideration or decision of this case. [ footnote 1 ] section 4 provides as follows: "[a]ny person who shall be injured in his business or property by reason of anything forbidden in the antitrust laws may sue therefor ..... states had already adopted their own antitrust laws. mosk, state antitrust enforcement and coordination with federal enforcement, 21 a.b.a. antitrust section 358, 363 (1962). moreover, the sherman act itself, in the words of senator sherman, "does not announce a new principle of law, but applies old and well recognized principles of ..... their willingness to settle. illinois brick was concerned that requiring direct and indirect purchasers to apportion the recovery under a single statute -- 4 of the clayton act -- would result in no one plaintiff having a sufficient incentive to sue under that statute. state indirect purchaser statutes pose no similar risk to the enforcement .....