Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Sorted by: recent Court: us supreme court Year: 2003 Page 4 of about 70 results (0.081 seconds)

Entergy LA., Inc. Vs. Louisiana Pub. Serv. Comm'n

Court : US Supreme Court

..... of costs of maintaining capacity and generating power constitutes "the sale of electric energy at wholesale in interstate commerce." 16 u. s. c. 824(b)(1). 2 section 824d(f)(4) provides the definition of "automatic adjustment clause": "a provision of a rate schedule which provides for increases or decreases (or both), without prior hearing ..... operating companies is critical to the setting of retail rates. entergy allocates costs through the system agreement, a tariff approved by ferc under 205 of the federal power act (fpa), 41 stat. 1063, 16 u. s. c. 824d. the system agreement is administered by the entergy operating committee, which includes one representative from ..... discretion to classify ers units, while nantahala and mp&l involved specific mandates, does not provide room for the lpsc's imprudence finding. the federal power act specifically allows for the use of automatic adjustment clauses, and mss-1 constitutes such a clause. the louisiana supreme court's other basis for upholding the .....

Dastar Corp. Vs. Twentieth Century Fox Film Corp.

Court : US Supreme Court

..... an extension would not only stretch the text, but it would be out of accord with the history and purpose of the lanham act and inconsistent with precedent. section 43(a) of the lanham act prohibits actions like trademark infringement that deceive consumers and impair a producer's goodwill. it forbids, for example, the coca-cola company' ..... jurisprudence on that subject. see, e. g., likely to be damaged by the use of any such false description or representation." 60 stat. 441. 4 section 43(a) of the lanham act now provides: "any person who, on or in connection with any goods or services, or any container for goods, uses in commerce any word, term, ..... it without attribution to fox, dastar had committed a "bodily appropriation" of fox's series, which was sufficient to establish the reverse passing off. held: section 43(a) of the lanham act does not prevent the unaccredited copying of an uncopyrighted work. pp. 28-38. (a) respondents' claim that dastar has made a "false designation of origin .....

Beneficial Nat. Bank Vs. Anderson

Court : US Supreme Court

..... erisa unambiguously described an intent to treat such actions "as arising under the laws of the united states in similar fashion to those brought under section 301 of the labor-management relations act of 1947." id., at 65-66 (internal quotation marks and emphasis omitted). thus, a state claim may be removed to federal court ..... federal cause of action to be exclusive rather than on whether congress intended that the cause of action be removable, the fact that these sections 10 in a series of cases decided shortly after the act was passed, we endorsed that approach. in farmers' and mechanics' nat. bank v. dearing, 91 u. s. 29 , 32- ..... with usury, metropolitan life, avco, and franchise tax bd. provide the framework for answering the question whether the national bank act provides the exclusive cause of action for usury claims against national banks. section 85 sets substantive limits on the interest rates that national banks may charge, while 86 prescribes the remedies available to borrowers .....

National Park Hospitality Assn. Vs. Department of Interior

Court : US Supreme Court

..... 602(a) provides: "unless otherwise specifically provided herein, this chapter applies to any express or implied contract (including those of the nonappropriated fund activities described in sections 1346 and 1491 of title 28) entered into by an executive agency for- "(1) the procurement of property, other than real property in being; "(2 ..... contracts. the specific rules governing national parks concession contracts have changed over time. in 1998, however, congress enacted the national parks omnibus management act of 1998 (1998 act or act), pub. l. 105-391, 112 stat. 3497 (codified with certain exceptions in 16 u. s. c. 5951-5966), establishing a ..... provision providing for immediate judicial review], a regulation is not ordinarily considered the type of agency action 'ripe' for judicial review under the [administrative procedure act (apa)] until the scope of the controversy has been reduced to more manageable proportions, and its factual components fleshed out, by some concrete action .....

Chavez Vs. Martinez

Court : US Supreme Court

..... of the self-incrimination clause (what the plurality and justice souter call the fifth amendment's "core"), martinez's 42 u. s. c. 1983 action is doomed. section 1983 does not provide remedies for violations of judicially created prophylactic rules, such as the rule of miranda v. arizona, 384 u. s. 436 (1966), as ..... generation to the next, to downgrade our understanding of what the fifth amendment requires. there is some authority, it must be acknowledged, for the proposition that the act of torturing to obtain a confession is not comprehended within the self-incrimination clause itself. in brown v. mississippi, 297 u. s. 278 (1936), the court ..... -shocking level" is the "conduct intended to injure in some way unjustifiable by any government interest." id., at 849. here, there is no evidence that chavez acted with a purpose to harm martinez by intentionally interfering with his medical treatment. medical personnel were able to treat martinez throughout the interview, app. to pet. for .....

Union of India (Uoi) and ors. Vs. Ex. Flt. Lt. G.S. Bajwa

Court : Supreme Court of India

Reported in : 104(2003)DLT618(SC); JT2003(4)SC505; 2003(4)SCALE494; (2003)9SCC630; [2003]3SCR1092; 2003(3)SLJ288(SC); 2003(2)LC849(SC); (2003)2UPLBEC1479

..... of principle of natural justice. the order of wing commander s.l. gupta was a lawful order and its disobedience by the respondent attracted the provisions of section 41 of the act which made it an offence punishable with a term of imprisonment which may extend to 14 years.5. the high court rejected the contention of the respondent ..... on 27th june, 1976. in the year 1976 he was posted at udhampur. in the course of his duties he found certain irregularities in the matter of transportation of explosives, which were being transported piecemeal at higher rates. he, therefore, brought this to the notice of the authorities and pointed out that air marshal dilbagh singh had passed orders ..... that the order passed by wing commander was an illegal order and that its disobedience did not amount to a disobedience of a lawful order for purposes of section 41 of the act. relying upon the judgment of this court in ranjit thakur v. union of india : it was held that the said order of wing commander gupta was .....

Jameel Ahmed and anr. Vs. State of Rajasthan

Court : Supreme Court of India

Reported in : JT2003(4)SC294; RLW2003(3)SC424; 2003(4)SCALE402; (2003)9SCC673; 2003(2)LC993(SC)

..... on each of them; in default to undergo ri for 3 months. nextly, he held a-5 guilty of offences punishable under sections 9b(i)(b) and 9c of the explosive act, 1884 and sentenced him to undergo ri for 2 years with a fine of rs. 500/-; in default to undergo further ri for 3 ..... act'), section 120b ipc; and sections 5 and 6 of the explosive substances act and section 9b and 9c of the explosive act. after trial the designated court held the appellants guilty of offences punishable under section 120b ipc, sections 3(3) and 6(1) of the tada, section 5 of the explosive substances act read with section 120b of the ipc and section 6 of the explosive substances act ..... to a-9, told the investigating offices that they had no licence to possess these explosive. thus on the ground that these accused persons had committed an offence under section 9b of the explosives act, sections 4 and 5 of the explosive substances act and section 286 of the ipc, they were arrested. the investigating officer, pw-12, took .....

V.P. Pithupitchal and anr. Vs. the Special Secretary to the Govt. of T ...

Court : Supreme Court of India

Reported in : AIR2003SC2455; 2003(2)CTC619; JT2003(4)SC321; 2003(4)SCALE458; (2003)9SCC534; [2003]3SCR1045

..... person shall undertake mining operations in any area except under and in accordance with the terms and conditions of a mining lease granted under the act and the rules framed thereunder. sub-section (1) of section 6 places restrictions on the acquisition of any mineral or prescribed group of associated minerals in a state. the 'associated minerals' have been ..... the central government in exercise of its power under entry 54 of list i of the seventh schedule read with article 246 of the constitution. under section 2 of the act it was declared that it is expedient in the public interest that the union should take under its control the regulation of mines and the development of ..... the surface of the earth. such an assumption is contrary to informed experience. in any case, the definition of mining operations and minor minerals in section 3(d) and (e) of the act of 1957 and rule 2(5) and (7) of the rules of 1963 shows that minerals need not be subterranean and that mining operations cover .....

Demore Vs. Kim

Court : US Supreme Court

..... william l. taylor; and for t. alexander aleinikoff et al. by anthony j. grler. 513 chief justice rehnquist delivered the opinion of the court. section 236(c) of the immigration and nationality act, 66 stat. 200, as amended, 110 stat. 3009-585, 8 u. s. c. 1226(c), provides that "[t]he attorney general ..... scalia, j., dissenting) (arguing that opinion established "a superclear statement, 'magic words' requirement for the congressional expression of" an intent to preclude habeas review). section 1226(e) contains no explicit provision barring habeas review, and we think that its clear text does not bar respondent's constitutional challenge to the legislation authorizing his ..... aliens to bail, both before an initial finding of deportability and during the appeal therefrom); in re chow goo pooi, 25 f. 77, 78 (cc cal. 1884). the breadth of this practice is evident from one court's statement that "[tjo hold bail altogether inadmissible ... would invalidate hundreds of existing recognizances." ah tai, .....

Ali M.K. and ors. Vs. State of Kerala and ors.

Court : Supreme Court of India

Reported in : AIR2003SC4006; [2003(97)FLR1003]; 2003(2)KLT922(SC); 2003(4)SCALE197; (2003)11SCC632; [2003]3SCR826; 2003(2)SLJ380(SC)

..... a general enactment is to limit that general enactment in certain instances' (per lord esher in re barker, 25 q.b.d. 285).15. a proviso to a section cannot be used to import into the enacting part something which is not there, but where the enacting part is susceptible to several possible meanings it may be controlled by ..... that end it would be proper and even necessary to assume all those facts on which alone the fiction can operate (see hill v. east and west india dock co. (1884 (9) ac 448 (h.l.), state of travancore cochin and ors. v. shanmugha vilas cashewnut factory : [1954]1scr53 , american home products corporation v. mac laboratories pvt. ltd. and ..... : [1962]2scr159 and calcutta tramways co. ltd. v. corporation of calcutta : [1965]3scr354 ; when one finds a proviso to a section the natural presumption is that, but for the proviso, the enacting part of the section would have included the subject matter of the proviso. the proper function of a proviso is to except and to deal with a .....