Expressly - Judgment Search Results

Harris Trust and Sav. Bank Vs. Salomon Smith Barney Inc.

Court: US Supreme Court

..... of two nontextual matters 1 that the congressional conference committee rejected language that would have expressly imposed a duty on nonfiduciary parties to 406 a transactions and 2 that the ..... the mertens situation involving 404 and the instant case involving 406 explaining that neither section expressly imposes a duty on nonfiduciaries finally in the seventh circuit s view congress decision to .....

Geier Vs. American Honda Motor Co.

Court: US Supreme Court

..... uniform national safety standards 12 honda argues that petitioners common law no airbag claims are expressly pre empted because success on those claims would necessarily establish a state safety standard not ..... v easterwood where the pre emption clause of the federal railroad safety act of 1970 expressly provided that federal railroad safety regulations would pre empt any incompatible state law rule .....

Fda Vs. Brown and Williamson Tobacco Corp.

Court: US Supreme Court

..... because of tobacco use in 1996 the food and drug administration fda after having expressly disavowed any such authority since its inception asserted jurisdiction to regulate tobacco products see ..... the agency has no authority under the fdca to regulate tobacco products moreover congress expressly pre empted any other regulation of the labeling of tobacco products concerning their health consequences .....

Vermont Agency of Natural Resources Vs. United States Ex Rel. Stevens

Court: US Supreme Court

..... effecting a partial assignment of the government s damages claim 4 although we have never expressly recognized representational standing on the part of assignees we have routinely entertained their suits ..... at 773 given that understanding combined with the fact 7 because this concatenation of definitions expressly references and incorporates 3729 it is no answer that the definitions listed in 3733 .....

State of Karnataka Vs. State of Andhra Pradesh and ors.

Court: Supreme Court of India

Reported in: AIR2001SC1560; JT2000(6)SC1; 1999(4)SCALE332; (2000)9SCC572

..... rivers or river valleys significantly sub article 2 of article 262 by its unequivocal language expressly provides for a total ouster of jurisdiction of courts including the supreme court by parliamentary ..... any obligation either to agree to carry out any directive 153 scheme b has been expressly recommended subject to alternative contingencies i an agreement between the parties or ii a legislation .....

Shalala Vs. Illinois Council on Long Term Care, Inc.

Court: US Supreme Court

..... benefit amount determinations much less review by the secretary by contrast the statute did expressly provide for administrative review by the secretary and judicial review in two instances ..... a preenforcement challenge to the type of regulation the secretary had issued and indeed expressly enumerated certain other kinds of regulations for which preenforcement review was available we explained .....

M/S. Tanusree Art Printers and anr. Vs. Rabindra Nath Pal

Court: Kolkata

Reported in: (2000)3CALLT412(HC)

..... against any order made under rules from which an appeal is expressly allowed by the rules the said rules are found in ..... certain orders and the right of appeal against other orders was expressly taken away the supreme court considered the provisions of section 39 ..... conferred by any other law for the time beingin force is expressly preserved this intention is emphasised by section 4 which provides that .....

Hills Syndicate Vs. North Cachar Hills Autonomous Council and ors.

Court: Guwahati

..... the concurrent list subject to and limited by the executive power expressly conferred by the constitution or by any law made by the ..... power will be subject to and limited by the executive power expressly conferred by the constitution upon the union or authorities thereof and ..... power will be subject to and limited by the executive power expressly conferred by any law made by the parliament upon the union .....

Oriental Insurance Co. Ltd. Vs. Momina Begum and ors.

Court: Rajasthan

Reported in: I(2001)ACC252; 2002ACJ145; 2000(3)WLC357; 2000(2)WLN608

..... ordinance 1949 hence unless there is any provision to prohibit expressly or by necessary implication the filing of an appeal ..... functions would not get excluded unless the statutory enactment concerned expressly excludes appeals under letters patent no such bar is discernible ..... judge is a judgment and if the appropriate legislature has expressly or by necessary implication not taken away the right .....

Mrs. Pushpa P. Mulchandani and ors. (All Petitioners Through Constitut ...

Court: Mumbai

Reported in: 2001(2)ARBLR284(Bom); 2001(1)BomCR592; (2001)1BOMLR169; 2000(4)MhLj819

..... of the limitation act would apply since they are not expressly excluded by the 1996 act the contention undoubtedly is attractive ..... identical contention saying it is contended before us that the words expressly excluded would mean that there must be an express reference ..... to the nature of the proceedings under the act unless expressly excluded would be attracted but this is not what section .....