Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Sorted by: old Court: us supreme court Year: 1989 Page 5 of about 104 results (0.056 seconds)

American Foreign Svc. Ass'n Vs. Garfinkel

Court : US Supreme Court

..... of columbia is vacated, and the case is remanded for further proceedings consistent with this opinion. it is so ordered. * section 630 provides: "no funds appropriated in this or any other act for fiscal year 1988 may be used to implement or enforce the agreements in standard forms 189 and 4193 of the government ..... speech in violation of the first amendment. the district court assumed that the executive branch's actions since 630's enactment did not comply with the section's requirements, but granted summary judgment in favor of appellees on the ground that 630 was an unconstitutional interference with the president's authority to protect the ..... aspects of such nondisclosure policy, form or agreement that do not fall within subsections (1)-(5) of this section." section 630 applied only to fiscal year 1988; however, 619 of the treasury, postal service and general government appropriations act, 1989, pub.l. 100-440, 102 stat. 1756, includes restrictions on expenditures of funds during fiscal .....

Massachusetts Vs. Morash

Court : US Supreme Court

..... conclusion is supported by viewing the reference to vacation benefits not in isolation, but in light of the words that accompany it and give the provision meaning. section 3(1) subjects to erisa regulation plans to provide medical, sickness, accident, disability, and death benefits, training programs, day care centers, scholarship funds, and ..... generally applicable criminal law of a state." [ footnote 6 ] the secretary's payroll practice regulation provides, in part: "(b) payroll practices. for purposes of title i of the act and this chapter, the terms 'employee welfare benefit plan' and 'welfare plan' shall not include -- " " * * * *" "(3) payment of compensation, out of the ..... the employer and under which no separate fund is established will not subject the employer to any filing or disclosure duties under title i of the act. examples of the employer practices that may receive this treatment are payment of overtime pay, vacation pay, shift premiums, sunday premiums, holiday premiums, jury .....

Chan Vs. Korean Air Lines, Ltd.

Court : US Supreme Court

..... not be entitled to avail himself of the provisions of this convention which exclude or limit his liability." articles 3(2), 4(4), and 9. but, unlike section i, sections ii and iii also specifically impose the latter sanction for failure to include in the documents certain particulars, including (though not limited to) the notice of liability limitation. ..... read an "adequate notice" requirement into the warsaw convention. thus, notice has been held to be inadequate when it was provided under conditions that did not permit the passenger to act on it (by, for example, purchasing additional insurance). mertens v. flying tiger line, inc., 341 f.2d 851, 856-858 (ca2) (ticket delivered after passenger boarded ..... in any event. cf. c. mccormick, law of damages 104 (1935) ("in about one-third of the states, a fixed limit upon the recovery under the death act is imposed in the statute. the usual limit is $10,000, but in some instances the maximum is $7,500 or $5,000"). quite obviously, however, the .....

State of Gujarat and anr. Vs. Kamlaben Jivanbhai and ors.

Court : Supreme Court of India

Reported in : AIR1989SC1485; (1989)2GLR1378; JT1989(2)SC163; 1989(1)SCALE1039; 1989Supp(2)SCC440; [1989]2SCR687; 1989(2)LC121(SC)

..... , therefore, hold that the view taken by the high court that if the transaction in question is construed as covered by sub-clause (d) of clause (3) of section 2 of the act, the act would become void to that extent is not correct. we are of the view that the legislation has the effect of validly extinguishing the right of the respondents ..... , fire-wood and timber from the gir forest belonging to the state of junagadh had been declared in a decree (exhibit 21) passed by the rajasthanik court on april 14, 1884. by a further agreement dated 10th august, 1914 (exhibit 24) which had been arrived at between jiva vala, descendant of harsurvala and the state of junagadh, the state of junagadh .....

Pramod Mahto and ors. Vs. State of Bihar

Court : Supreme Court of India

Reported in : AIR1989SC1475; 1989CriLJ1479; JT1989(3)SC494; 1989(1)SCALE1045; 1989Supp(2)SCC672

..... be deemed to have committed gang rape within the meaning of this sub-section.10. this explanation has been introduced by the legislature with a view to effectively deal with the ..... the appellants. once it is established that the appellants had acted in concert and entered the house of the victims and thereafter raped pw 1 jaiboon nisa, then all of them would be guilty under section 376 ipc in terms of explanation i to clause (g) of sub-section (2) of section 376 ipc irrespective of whether she had been raped by one ..... or more them. the explanation in question reads as under :where a woman is raped by one or more in a group of persons acting in furtherance of their common intention, each of the persons shall .....

Mallard Vs. District Court

Court : US Supreme Court

..... be read to confer coercive power upon the federal courts. respondent's major premise, however, is too strong. statutory provisions may simply codify existing rights or powers. section 1915(d), for example, authorizes courts to dismiss a "frivolous or malicious" page 490 u. s. 308 action, but there is little doubt they would have ..... ) (appoint); va.code ann. 3538 (1904) (appeared in 1849 code) (assign); w.va.code, ch. 138, 1 (1891) (assign). cf. n.mex.comp.laws 2289 (1884) (judge may appoint attorney to represent territory if territory's attorneys are unable to attend by reason of sickness or inability); nev.comp.laws 3126 (1900) (court may appoint attorney ..... may appear on behalf of the criminal defendant. the district court found that, in light of this individual appearance requirement and the strict time constraints imposed by the speedy trial act, 18 u.s.c. 3161-3174, it would be virtually impossible for this system of appointed counsel to work with nonresident attorneys. " * * * *" "as .....

Neitzke Vs. Williams

Court : US Supreme Court

..... possibility that meritorious complaints will receive inadequate attention or be difficult to identify amidst the overwhelming number of meritless complaints. see turner, when prisoners sue: a study of prisoner section 1983 suits in the federal courts, 92 harv.l.rev. 610, 611 (1979). nevertheless, our role in appraising petitioners' reading of 1915(d) is not to ..... (attorney's fees may not be assessed against a plaintiff who fails to state a claim under 42 u.s.c. 1988 or under title vii of the civil rights act of 1964 unless his complaint is frivolous); hagans v. lavine, 415 u. s. 528 , 415 u. s. 536 -537 (1974) (complaint that fails to state ..... district court judges looking to dismiss claims on such grounds must look elsewhere for legal support. [ footnote 6 ] section 1915(d) has a separate function, one which molds rather differently the power to dismiss which it confers. section 1915(d) is designed largely to discourage the filing of, and waste of judicial and private resources upon, baseless .....

Price Waterhouse Vs. Hopkins

Court : US Supreme Court

..... discriminate is to make a distinction, to make a difference in treatment or favor, and those distinctions or differences in treatment or favor which are prohibited by section 704 are those which are based on any five of the forbidden criteria: race, color, religion, sex, and national origin. any other criterion or qualification ..... was a first amendment case involving the firing of a teacher, and transportation management involved review of the nlrb's interpretation of the national labor relations act. page 490 u. s. 290 the transportation management decision was based on the deference that the court traditionally accords nlrb interpretations of the statutes it administers ..... for distinguishing among employees, while otherwise preserving employers' freedom of choice, is decisive in this case. the words "because of" in 703(a)(1) of the act, which forbids an employer to make an adverse decision against an employee "because of such individual's . . . sex," requires looking at all of the reasons, .....

Robertson Vs. Methow Valley Citizens

Court : US Supreme Court

..... club, 442 u. s. 347 , 442 u. s. 350 (1979); kleppe v. sierra club, 427 u. s. 390 , 427 u. s. 409 , and n. 18 (1976). section 102 thus, among other measures "directs that, to the fullest extent possible . . . all agencies of the federal government shall -- " " * * * *" "(c) include in every recommendation or ..... environmental consequences. [ footnote 15 ] the requirement that an eis contain a detailed discussion of possible mitigation measures flows both from the language of the act and, more expressly, from ceq's implementing regulations. implicit in nepa's demand that an agency prepare a detailed statement on "any adverse environmental effects ..... nonfederal government agencies having jurisdiction over the off-site area take appropriate action, it would be incongruous to conclude that the service has no power to act until the local agencies have finally determined what mitigation measures are necessary. more significantly, it would be inconsistent with nepa's reliance on procedural mechanisms .....

Express Hotels Private Ltd. Vs. State of Gujarat and anr.

Court : Supreme Court of India

Reported in : AIR1989SC1949; (1990)3CompLJ275(SC); (1990)1GLR309; [1989]178ITR151(SC); JT1989(3)SC72; 1989(1)SCALE1200; (1989)3SCC677; [1989]2SCR893; [1989]74STC157(SC)

..... ' or 'activities'. the levy on the services for lodging provided at the hotels, is, therefore, beyond the scope of entry 62 list ii.(b) section 4 of the west bengal act which envisages a tax on the mere existence of the means of providing the luxury--independently of its utilisation--is outside entry 62 list ii.(c) the real ..... the basis of the provision for luxury and not, as in the case of the other legislation, as the lodging-charges actually paid by the lodgers. section 4 of the west bengal act provides :4. liability for luxury tax. there shall be charged, levied and paid to the state government a luxury tax by the proprietor of every hotel ..... and inter-course that fall within the purview of articles 301. on the several facets of the similar--some say deceptively similar-- provisions of section 92 of the common-wealth of australia constitution act 1901 comments of a learned author may be recalled :the lengthy series of judicial decisions on the meaning and scope of the immunity afforded by .....