Judgment Search Results Home > Cases Phrase: faridabad complex regulation and development fees validation act 1984 Sorted by: old Page 91 of about 1,879 results (0.171 seconds)

Boumediene Vs. Bush

Court : US Supreme Court

..... , concurring) ( when the validity of an act of the congress is drawn in question it is a cardinal principle that this court will ascertain whether a construction of the statute is fairly possible by which the [constitutional] question may be avoided (internal quotation marks omitted)); see also ..... , in post-trial habeas cases where the prisoner already has had a full and fair opportunity to develop the factual predicate of his claims, similar limitations on the scope of habeas review may be ..... resolution of the new york ratifying convention (july 26, 1788), in 1 elliot s debates 328 (noting the convention s understanding [t]hat every person restrained of his liberty is entitled to an inquiry into the lawfulness of such restraint, and to a removal thereof if unlawful; and that such inquiry or removal ought not to be denied or delayed, except when, on account of public danger, the congress shall suspend the privilege of the writ of habeas corpus ). ..... decision today holds only that the petitioners before us are entitled to seek the writ; that the dta review procedures are an inadequate substitute for habeas corpus; and that the petitioners in these cases need not exhaust the review procedures in the court of appeals before proceeding with their habeas actions in the district court. ..... 2 of the same section grants congress the power to dispose of and make all needful rules and regulations respecting the territory or other property belonging to the united states. ..... , 157 (1984). ..... , [1984] a. .....

In Re P and Others (Ap) (Appellants) (Northern Ireland)

Court : House of Lords

..... but in para 46 the court pointed out that it was not called upon to rule whether the right to adopt, having regard to developments in the legislation in europe and the fact that the convention is a living instrument which must be interpreted in the light of present-day conditions, should or should not fall within the ambit of article 8 of the convention ..... african constitutional court made a similar point in du toit and vos v minister for welfare and population development (2002) 13 bhrc 187, paras 21-22, where the prospective adoptive parents were a same-sex couple: in their current form the impugned provisions exclude from their ambit potential joint adoptive parents who are unmarried, but who are partners in permanent same-sex life partnerships and who would otherwise meet the criteria set out ..... my noble and learned friend, lord hope of craighead, has described how legislation to the same effect has now been enacted in scotland and will presumably be brought into force in due course (it took three years for the necessary new regulations, rules and other arrangements to be made before the 2002 act could be ..... the preparation and consideration of complex legislation, challenging deep-seated social attitudes, does take time (see the remarks of lord nicholls of birkenhead in bellinger v bellinger (lord chancellor intervening) [2003] ukhl 21; [2003] 2 ac 467, paras 42-49, and also some remarks of my own in m v secretary of state for work and pensions [2006] ukhl 11; [2006] 2 ac 91, .....

Sprint Communications Co. Vs. Apcc Services, Inc.

Court : US Supreme Court

..... that courts of equity have disregarded the rigid strictness of the common law, and protected the rights of the assignee of choses in action, and noted that courts of common law now consider an assignment of a chose in action as substantially valid, only preserving, in certain cases, the form of an action commenced in ..... 777 (1891) (where plaintiff had been assigned a claim on the understanding that he would remit the proceeds to the assignor less the amount due him for services already rendered, and to be thereafter rendered to the assignor, the plaintiff could bring suit, even though he had already collected on the demand enough to pay his own claim for services up to that time, ..... however, that the aggregators lack standing because it was the payphone operators (who are not plaintiffs), not the aggregators (who are plaintiffs), who were injured in fact and that it is the payphone operators, not the aggregators, whose injuries a legal victory will truly redress : the aggregators, after all, will remit all litigation proceeds to ..... fcc to prescribe regulations that ensure that all payphone service providers are fairly compensated for each and every completed [ ..... the false claims act gave the relator himself an interest in the lawsuit , in addition to the right to retain a fee out of the ..... development ..... trangsrud, complex litigation and the adversary system 473 524 (1998) (section on transfer ..... , 752 (1984) (quoting ..... 947 , 955 (1984) (a plaintiff ordinarily cannot rest his claim to relief on .....

Exxon Shipping Co. Vs. Baker

Court : US Supreme Court

..... 513 (1982) (when relevant policy considerations do not invariably point in one direction, and there is vehement disagreement over the validity of the assumptions underlying many of them[, t]he very difficulty of these policy considerations, and congress superior institutional competence to pursue this debate, suggest that legislative not judicial solutions ..... our review of punitive damages today, then, considers not their intersection with the constitution, but the desirability of regulating them as a common law remedy for which responsibility lies with this court as a source of judge-made law ..... (plurality opinion) ( as an institution congress is far better equipped than the judiciary to amass and evaluate the vast amounts of data bearing upon an issue as complex and dynamic as that presented here (internal quotation marks omitted)); patsy v. ..... this federal criminal law development, with its many state parallels, strongly suggests that as long as there are no punitive-damages guidelines, corresponding to the federal and state sentencing guidelines, it is inevitable that the specific amount of punitive damages awarded whether by a judge or ..... it became a system of detailed guidelines tied to exactly quantified sentencing results, under the authority of the sentencing reform act of 1984, 18 u. s. c. ..... while connecticut courts have limited what they call punitive recovery to the expenses of bringing the legal action, including attorney s fees, less taxable costs, larsen chelsey realty co. v. .....

Plains Commerce Bank Vs. Long Family Land and Cattle Co.

Court : US Supreme Court

..... tribal court lacks jurisdiction to hear that claim because the tribe lacks the civil authority to regulate the bank s sale of its fee land, and a tribe s adjudicative jurisdiction does not exceed its legislative jurisdiction, strate, supra , at ..... while a six-justice majority held that montana did not authorize the yakima nation to impose zoning regulations on non-indian fee land located in an area of the reservation where nearly half the acreage was owned by nonmembers ..... because the bill of rights does not apply to tribes and because nonmembers have no say in the laws and regulations governing tribal territory, tribal laws and regulations may be applied only to nonmembers who have consented to tribal authority, ..... is able fully to vindicate its sovereign interests in protecting its members and preserving tribal self-government by regulating nonmember activity on the land, within the limits set forth in ..... the logic of montana is that certain activities on non-indian fee land (say, a business enterprise employing tribal members) or certain uses (say, commercial development) may intrude on the internal relations of the tribe or ..... in commenting on the policy goals congress adopted with the general allotment act, we noted that [t]here is simply no suggestion in the history of the act that congress intended that the non-indians who would settle upon alienated allotted lands would be subject to ..... bank s commercial dealings with the long company and the long family is lengthy and complex. ..... 1984) .....

Kennedy Vs. Louisiana

Court : US Supreme Court

..... ) ( [i]n assessing a punishment selected by a democratically elected legislature against the constitutional measure, we presume its validity ), and until today, this court has not held that capital child rape laws are unconstitutional, see ante , at 17 ( coker does not speak to the constitutionality of the death penalty for child ..... , why children tell: a model of children s disclosure of sexual abuse, 27 child abuse & neglect 525, 527 528 (2003); smith, supra, at 283 284 (finding that, where there was a relationship between perpetrator and victim, the victim was likely to keep the abuse a secret for a longer period of time, perhaps because of a greater sense of loyalty or emotional bond ); hanson, supra , at 565 566 ..... the concern that the court s holding will effectively block further development of a consensus favoring the death penalty for child rape overlooks the principle that the eighth amendment is defined by the evolving standards of decency that mark the progress of a maturing society, ..... at 186 (the value of capital punishment, and its contribution to acceptable penological goals, typically is a complex factual issue the resolution of which properly rests ..... as for federal law, congress in the federal death penalty act of 1994 expanded the number of federal crimes for which the death penalty is a permissible sentence, including certain nonhomicide offenses; but it did not do the same ..... 1984 ..... 1984); ..... 1984) ( after buford , death was no longer a possible penalty in florida for sexual .....

District of Columbia Vs. Heller

Court : US Supreme Court

..... act for regulating and disciplining the ..... draft repeated the essence of the two proposed amendments sent by virginia, combining the substance of the two provisions succinctly into one, which read: the right of the people to keep and bear arms shall not be infringed; a well armed, and well regulated militia being the best security of a free country; but no person religiously scrupulous of bearing arms, shall be compelled to render military service in person. ..... uses] sugges[t] that the people protected by the fourth amendment, and by the first and second amendments, and to whom rights and powers are reserved in the ninth and tenth amendments, refers to a class of persons who are part of a national community or who have otherwise developed sufficient connection with this country to be considered part of that ..... rather, where a law significantly implicates competing constitutionally protected interests in complex ways, the court generally asks whether the statute burdens a protected interest in a way or to an extent that is out of proportion to the statute s salutary effects upon other ..... footnote 23 with respect to cruikshank s continuing validity on incorporation, a question not presented by this case, we note that cruikshank also said that the first amendment did not apply against the states and did not engage in the sort of fourteenth amendment inquiry required ..... (1943) (invalidating $7 per week solicitation fee as applied to religious group); see also ..... 41, 42 (ca1 1984) (per curiam); .....

Associated Managements of Primary and Secondary Schools in Karnataka V ...

Court : Karnataka

Reported in : AIR2008NOC2790(FB); ILR2008(3)KAR2895; 2008(4)KarLJ593; 2008(4)KLJ593; 2008(5)AIRKarR261; AIR2008NOC2790(FB)

..... schools in their respective mother tongue and that it is also necessary to protect their right to conserve and develop their language under article 29 of the constitution.it is vehemently urged on behalf of the petitioners that what is assumed to be a regulation by the bench is in fact a restriction on the rights of the minorities and linguistic groups, and as such, the said observation ..... writ petition, it would be better if the writ petition is listed for hearing before the division bench under section 9 of the karnataka high court act 1964, as expeditiously as possible.thereafter, when this matter was listed before the division bench on 29.08.1994 the division bench passed the following order:these ..... these are added to the complexity of economic regulation, the uncertainty, the liability to error, the bewildering conflict of the experts, and the number of times the judges have been overruled by events-self-limitation can be seen, to be the path to judicial wisdom and institutional prestige and stability..the court cannot strike ..... writ petitions are filed by various sections of the public, the principal grievance of all these petitioners is the validity of the government order dated 22.04.1994, as amended by the government order dated 29.04.1994, by which the government ..... schools were collecting huge donations and also fees and the said schools have become ..... government would have on the primary and high schools, by an order dated 27th june, 1984 referred 3 questions for the opinion .....

The Bank of Tokyo-mitsubishi Ltd. (Formerly the Bank of Tokya Ltd. and ...

Court : Karnataka

Reported in : 2008(6)AIRKarR111(DB)

..... that the rbi is a monetary regulator and enunciates the banking policy of the country and acts, inter alia, under the provisions of the rbi act and banking regulation act which are comprehensive provisions to control and regulate banking business in india including foreign ..... had not produced any material to show that it had made an application to obtain a license under section 22 of the banking regulation act, 1949 from the rbi to establish and run the banking business in india and that the stand of the petitioner that it was merely a successor to the bank of tokyo and entitled, to use the said license of the erstwhile bank of tokyo is wholly unsustainable in law as the petitioner being entirely ..... april 1996, publishing notification issued by the department of banking operations and development, rbi directing for the words 'the bank of tokyo, ltd. ..... . any failure by a foreign company to comply with any of the foregoing provisions of this part shall not affect the validity of any contract, dealing or transaction entered into by the company or its liability to be sued in respect thereof; but the company shall not be entitled to bring any suit, claim any set ..... , and on the facts and circumstances of the said the apex court held that on merger of the above two companies, a new entity stood emerged/constituted which was given a right to operate in the derivative segment of the stock exchange and therefore, fresh registration fees on the turnover basis had to be made and that ..... 1984 .....

Yeomanand#8217;s Row Management Limited (Appellants) and Another Vs. C ...

Court : House of Lords

..... example, that mrs lisle-mainwaring would have wanted some provision to be included in the formal contract regarding the reasonably expeditious commencement and progress of the development and, also, some security and timetable for the payment of the appellants share of the excess over 24 million of the gross proceeds of sale. ..... honour of the ramsden family) lord cranworth said (at p.145-146), if any one makes an assurance to another, with or without consideration, that he will do or will abstain from doing a particular act, but he refuses to bind himself, and says that for the performance of what he has promised the person to whom the promise has been made must rely on the honour of the person who has made it, this excludes the ..... outgoings in applying for and obtaining the planning permission, which should be taken to be reasonably incurred unless mrs lisle-mainwaring can show otherwise, and a fee for his services assessed at the rate appropriate for an experienced developer. ..... equity has some important functions in regulating commercial life, but those functions must be kept within proper bounds: see generally sir peter millett, equitys place in the law of commerce", ..... simply a routine acknowledgement of what both parties knew very well in any event: that they were involved in a complex process of negotiation which might come to nothing (as occurred when the hong kong property market fell sharply in 1984). ..... these may validly come into existence ..... justices comment is a valid one. .....