Court : US Supreme Court
Kremer v. Chemical Constr. Corp. - 456 U.S. 461 (1982) U.S. Supreme Court Kremer v. Chemical Constr. Corp., 456 U.S. 461 (1982) Kremer v. Chemical Construction Corp. No. 80-6045 Argued December 7, 1981 Decided May 17, 1982 456 U.S. 461 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus Title 28 U.S.C. 1738 (as did its predecessors dating back to 1790) requires federal courts to afford the same full faith and credit to state court judgments that would apply in the State's own courts. Petitioner filed an employment discrimination charge with the Equal Employment Opportunity Commission (EEOC) under Title VII of the Civil Rights Act of 1964, and the EEOC, as required by the Act, referred the charge to the New York State Division of Human Rights (NYHRD), the agency charged with enforcing the New York law prohibiting employment discrimination. The NYHRD rejected the claim as meritless, and was upheld on administrative appeal. The Appellate Division ...
Tag this Judgment!Court : Supreme Court of India
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL/APPELLATE JURISDICTION TRANSFERRED CASE (C) No.150 OF2006Madras Bar Association Petitioner(s) versus Union of India and another Respondents WITH CIVIL APPEAL No.3850 OF2006CIVIL APPEAL No.3862 OF2006CIVIL APPEAL No.3881 OF2006CIVIL APPEAL No.3882 OF2006CIVIL APPEAL No.4051 OF2006CIVIL APPEAL No.4052 OF2006WRIT PETITION (C) NO.621 OF2007TRANSFERRED CASE (C) NO.116 OF2006TRANSFERRED CASE (C) NO.117 OF2006TRANSFERRED CASE (C) NO.118 OF2006WRIT PETITION (C) NO.697 OF2007JUDGMENT Jagdish Singh Khehar, J.The Controversy:1. All the above cases are being disposed of by this common judgment. The issue which arises for consideration before us, in the present bunch of cases, pertains to the constitutional validity of the National Tax Tribunal Act, 2005 (hereinafter referred to as, the NTT Act). Simultaneously, the constitutional validity of the Constitution (Forty-second Amendment) Act, 1976 has been assailed, by asserting, that the same vio...
Tag this Judgment!Court : Supreme Court of India
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.2453 OF2007The State of Karnataka by its Chief Secretary Versus Appellant(s) State of Tamil Nadu by its Chief Secretary & Ors. Respondent(s) WITH CIVIL APPEAL No.2454 of 2007 State of Kerala through the Chief Secretary to Government State of Tamil Nadu through the Chief Secretary Respondent(s) to Government and others Appellant(s) Versus CIVIL APPEAL No.2456 OF2007State of Tamil Nadu through the Secretary Public Works Department State of Karnataka by its Chief Secretary Government of Karnataka & Ors. Versus ...Appellant(s) Respondent(s) Dipak Misra, CJI S. No.2 JUDGMENT I N D E X Heading Page No.A. The proceedings in this Court in the present 6 Appeals B. Maintainability of the Appeals by Special 18 Leave C. Stand of all parties pertaining to remand of the matter to the Tribunal after deliberation of the legal issues D. Reference of the dispute to the Tribunal E. The initial proceedings before the T...
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Reported in : (2008)111ITD287(Delhi)
1. This appeal of the assessee has been filed against the order of the Commissioner of Income tax (Appeals) (In short 'the CIT(A)'), New Delhi, for the assessment year 1998- 99 and the following question has been referred to this Special Bench for its decision : Whether, the non-compete fee received by the assessee from FI Plc., U.K. is not liable to tax being in the nature of capital receipt? 2. The material facts relevant to the question referred to this Bench are that the assessee was a Computer Engineer associated with Software and Information Technology. He was the promoter and founder of as well as the Managing Director in one Software Company, viz M/s. IIS Infotech Ltd. He held 8,66,450 shares of the said company. The said company was agreed to be taken over by the FI Group Plc. UK and as per the shares purchase agreement dated 4.12.1997 entered into by the U.K. company with the shareholders of M/s. IIS Infotech Ltd, including the assessee, 76% of the subscribed equity capital ...
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
1. This appeal of the assessee has been filed against the order of the Commissioner of Income tax (Appeals) (In short 'the CIT(A)'), New Delhi, for the assessment year 1998-99 and the following question has been referred to this Special Bench for its decision: Whether, the non-compete fee received by the assessee from FI Plc, U.K. is not liable to tax being in the nature of capital receipt 2. The material facts relevant to the question referred to this Bench are that the assessee was a Computer Engineer associated with Software and Information Technology. He was the promoter and founder of as well as the Managing Director in one Software Company, viz M/s. IIS Infotech Ltd. He held 8,66,450 shares of the said company. The said company was agreed to be taken over by the FI Group Pic. UK and as per the shares purchase agreement dated 4.12.1997 entered into by the U.K. company with the shareholders of M/s. IIS Infotech Ltd, including the assessee, 76% of the subscribed equity capital was ...
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2024 INSC451REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION TRANSFERRED CASE (CIVIL) NO.29 OF2021SHAJI POULOSE .. PETITIONER VERSUS INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA & OTHERS .. RESPONDENTS WITH WRIT PETITION (CIVIL) NO.267 OF2021WRIT PETITION (CIVIL) NO.272 OF2021WRIT PETITION (CIVIL) NO.371 OF2021WRIT PETITION (CIVIL) NO.581 OF2021WRIT PETITION (CIVIL) NO.670 OF2021WRIT PETITION (CIVIL) NO.1084 OF2021WRIT PETITION (CIVIL) NO.1200 OF2021WRIT PETITION (CIVIL) NO.1256 OF2021WRIT PETITION (CIVIL) NO.1291 OF2021WRIT PETITION (CIVIL) NO.1295 OF2021WRIT PETITION (CIVIL) NO.1360 OF2021WRIT PETITION (CIVIL) NO.32 OF2022T.C. (Civil) No.29 of 2021 Etc. 1 WRIT PETITION (CIVIL) NO.186 OF2022WRIT PETITION (CIVIL) NO.833 OF2022TRANSFERRED CASE (CIVIL) NO.27 OF2021TRANSFERRED CASE (CIVIL) NO.28 OF2021TRANSFERRED CASE (CIVIL) NO.30 OF2021TRANSFERRED CASE (CIVIL) NO.31 OF2021TRANSFERRED CASE (CIVIL) NO.32 OF2021TRANSFERRED CASE (CIVIL) NO.33 OF2021TRANSFERRED CASE (CIVIL...
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Joseph Burstyn, Inc. v. Wilson - 343 U.S. 495 (1952) U.S. Supreme Court Joseph Burstyn, Inc. v. Wilson, 343 U.S. 495 (1952) Joseph Burstyn, Inc. v. Wilson No. 522 Argued April 24, 1952 Decided May 26, 1952 343 U.S. 495 APPEAL FROM THE COURT OF APPEALS OF NEW YORK Syllabus Provisions of the New York Education Law which forbid the commercial showing of any motion picture film without a license and authorize denial of a license on a censor's conclusion that a film is "sacrilegious," held void as a prior restraint on freedom of speech and of the press under the First Amendment, made applicable to the states by the Fourteenth Amendment. Pp. 343 U. S. 497 -506. 1. Expression by means of motion pictures is included within the free speech and free press guaranty of the First and Fourteenth Amendments. Pp. 343 U. S. 499 -502. (a) It cannot be doubted that motion pictures are a significant medium for the communication of ideas. Their importance as an organ of public opinion is...
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Communist Party v. SACB - 367 U.S. 1 (1961) U.S. Supreme Court Communist Party v. SACB, 367 U.S. 1 (1961) Communist Party of the United States v. Subversive Activities Control Board No 12 Argued October 11-12, 1960 Decided June 5, 1961 367 U.S. 1 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT Syllabus After very extensive hearings under the Subversive Activities Control Act of 1950, the Board, in 1953, found that the Communist Party of the United States was a "Communist action organization," within the meaning of the Act, and ordered it to register as such under 7. A remand of the case by this Court, 351 U. S. 115 , and a second remand by the Court of Appeals led to further proceedings before the Board, involving rulings on additional procedural points and two reconsiderations of the entire record, following which the Board adhered to its conclusion. After denial of motions made by the Party under 14(a) and after review on the mer...
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Webster v. Reproductive Health Svcs. - 492 U.S. 490 (1989) U.S. Supreme Court Webster v. Reproductive Health Svcs., 492 U.S. 490 (1989) Webster v. Reproductive Health Services No. 88-605 Argued April 26, 1989 Decided July 3, 1989 492 U.S. 490 APPEAL FROM THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT Syllabus Appellees, state-employed health professionals and private nonprofit corporations providing abortion services, brought suit in the District Court for declaratory and injunctive relief challenging the constitutionality of a Missouri statute regulating the performance of abortions. The statute, inter alia: (1) sets forth "findings" in its preamble that "[t]he life of each human being begins at conception," and that "unborn children have protectable interests in life, health, and wellbeing," 1.205.1(1), (2), and requires that all state laws be interpreted to provide unborn children with the same rights enjoyed by other persons, subject to the Federal Constit...
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Hamdi v. Rumsfeld - 03-6696 (2004) SYLLABUS OCTOBER TERM, 2003 HAMDI V. RUMSFELD SUPREME COURT OF THE UNITED STATES HAMDI et al. v. RUMSFELD, SECRETARY OF DEFENSE, et al. certiorari to the united states court of appeals for the fourth circuit No. 036696. Argued April 28, 2004Decided June 28, 2004 After Congress passed a resolutionthe Authorization for Use of Military Force (AUMF)empowering the President to use all necessary and appropriate force against nations, organizations, or persons that he determines planned, authorized, committed, or aided in the September 11, 2001, al Qaeda terrorist attacks, the President ordered the Armed Forces to Afghanistan to subdue al Qaeda and quell the supporting Taliban regime. Petitioner Hamdi, an American citizen whom the Government has classified as an enemy combatant for allegedly taking up arms with the Taliban during the conflict, was captured in Afghanistan and presently is detained at a naval brig in Charleston, S.C. Hamdis father f...
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