Court : US Supreme Court
Banco Nacional de Cuba v. Sabbatino - 376 U.S. 398 (1964) U.S. Supreme Court Banco Nacional de Cuba v. Sabbatino, 376 U.S. 398 (1964) Banco Nacional de Cuba v. Sabbatino No. 16 Argued October 22-23, 1963 Decided March 23, 1964 376 U.S. 398 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus Respondent American commodity broker contracted with a Cuban corporation largely owned by United States residents to buy Cuban sugar. Thereafter, subsequent to the United States Government's reduction of the Cuban sugar quota, the Cuban Government expropriated the corporation's property and rights. To secure consent for shipment of the sugar, the broker, by a new contract, agreed to make payment for the sugar to a Cuban instrumentality which thereafter assigned the bills of lading to petitioner, another Cuban instrumentality, and petitioner instructed its agent in New York to deliver to the broker the bills of lading and sight draft in return for payment. The...
Tag this Judgment!Court : US Supreme Court
Mitsubishi v. Soler Chrysler-Plymouth - 473 U.S. 614 (1985) U.S. Supreme Court Mitsubishi v. Soler Chrysler-Plymouth, 473 U.S. 614 (1985) Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc. No. 83-1569 Argued March 18, 1985 Decided July 2, 1985 * 473 U.S. 614 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT Syllabus Petitioner-cross-respondent (hereafter petitioner), a Japanese corporation that manufactures automobiles, is the product of a joint venture between Chrysler International, S.A. (CISA), a Swiss corporation, and another Japanese corporation, aimed at distributing through Chrysler dealers outside the continental United States automobiles manufactured by petitioner. Respondent-cross-petitioner (hereafter respondent), a Puerto Rico corporation, entered into distribution and sales agreements with CISA. The sales agreement (to which petitioner was also a party) contained a clause providing for arbitration by the Japan Commercial Arbitration ...
Tag this Judgment!Court : International Court of Justice ICJ
1. On 12 August 2008, the Government of Georgia filed in the Registry of the Court an Application instituting proceedings against the Russian Federation in respect of a dispute concerning œactions on and around the territory of Georgia? in breach of the International Convention on the Elimination of All Forms of Racial Discrimination (hereinafter œCERD?) of 21 December 1965. In its Application, Georgia, referring to Article 36, paragraph 1, of the Statute, relied on Article 22 of CERD to found the jurisdiction of the Court and also reserved the right to invoke Article IX of the Convention on the Prevention and Punishment of the Crime of Genocide of 9 December 1948 as an additional basis for jurisdiction. 2. In accordance with Article 40, paragraph 2, of the Statute, the Application was communicated forthwith to the Government of the Russian Federation by the Registrar; and, in accordance with paragraph 3 of that Article, all States entitled to appear before the Court were n...
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Amritsar
Reported in : (2006)98ITD242(Asr.)
This appeal by the assessee is directed against the order of the Commissioner (Appeals), Jammu, headquarters at Amritsar dated 11-12-2001 for the assessment year 1999-2000 on the following grounds : "1. That the learned Commissioner (Appeals), has erred in law and on facts of the case in rejecting the appeal of the assessee.2. That the learned Commissioner (Appeals) has erred in law and on facts of the case in confirming the addition of Rs. 1,00,00,000.4. That the said amount was received as non-compete fee directly from Hindustan Coca Cola and the learned Commissioner (Appeals) has erred in rejecting the claim of the assessee that the said amount is not taxable, without there being any material on record.5. That the assessment was a protective assessment and the learned Assessing Officer is of the opinion that the same is assessable in the hands of Jammu Bottling Company Private Limited, a Company in which the assessee is a Director, and the matter is before the Hon'ble Tribunal.6. T...
Tag this Judgment!Court : Kolkata
Reported in : AIR1961Cal1,65CWN361,(1961)IILLJ312Cal
P.B. Mukharji, J.1. We are unanimous that the Rule in this case must be made absolute.2. Who controls the subordinate judiciary in the State and who in particular exercises disciplinary control over members of the Subordinate Courts of the States under the Constitution of India and what principles govern the procedure of disciplinary Tribunals are the important questions raised for determination on this Reference by the Chief Justice.3. The petitioner Shri Nripendra Nath Bagchi, a senior member of the West Bengal Judicial Service officiating in the Higher Judicial Service and an Additional District Judge, at the fag end of his career of service extending over a quarter of a century and when about to reach 55 years, the age of compulsory retirement under his conditions of service, was served with a notice to appear before a Disciplinary Tribunal and on its findings was dismissed from service by an order of the State Government dated 25th May, 1954 after a departmental enquiry.4. The pet...
Tag this Judgment!Court : US Supreme Court
New York Times Co. v. United States - 403 U.S. 713 (1971) U.S. Supreme Court New York Times Co. v. United States, 403 U.S. 713 (1971) New York Times Co. v. United States No. 1873 Argued June 26, 1971 Decided June 30, 1971 * 403 U.S. 713 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus The United States, which brought these actions to enjoin publication in the New York Times and in the Washington Post of certain classified material, has not met the "heavy burden of showing justification for the enforcement of such a [prior] restraint." No. 1873, 44 F.2d 544, reversed and remanded; No. 1885, ___ U.S.App.D.C. ___, 446 F.2d 1327, affirmed. Page 403 U. S. 714 PER CURIAM We granted certiorari in these cases in which the United States seeks to enjoin the New York Times and the Washington Post from publishing the contents of a classified study entitled "History of U.S. Decision-Making Process on Viet Nam Policy." Post, pp. 942, 943. "Any syst...
Tag this Judgment!Court : US Supreme Court
Boumediene v. Bush - 06-1195 (2008) SYLLABUS OCTOBER TERM, 2007 BOUMEDIENE V. BUSH SUPREME COURT OF THE UNITED STATES BOUMEDIENE etal. v . BUSH, PRESIDENT OF THE UNITED STATES, etal. certiorari to the united states court of appeals for the district of columbia circuit No. 061195.Argued December 5, 2007Decided June 12, 2008* In the Authorization for Use of Military Force (AUMF), Congress empowered the President to use all necessary and appropriate force against those he determines planned, authorized, committed, or aided the terrorist attacks on September 11, 2001. In Hamdi v. Rumsfeld , 542 U. S. 507 , 518, 588589, five Justices recognized that detaining individuals captured while fighting against the United States in Afghanistan for the duration of that conflict was a fundamental and accepted incident to war. Thereafter, the Defense Department established Combatant Status Review Tribunals (CSRTs) to determine whether individuals detained at the U. S. Naval Station at ...
Tag this Judgment!Court : US Supreme Court
McDonald v. Chicago - 08-1521 (2010) SYLLABUS OCTOBER TERM, 2009 MCDONALD V. CHICAGO SUPREME COURT OF THE UNITED STATES McDONALD etal. v . CITY OF CHICAGO, ILLINOIS, etal. certiorari to the united states court of appeals for the seventh circuit No. 081521.Argued March 2, 2010Decided June 28, 2010 Two years ago, in District of Columbia v. Heller , 554 U. S. ___, this Court held that the Second Amendment protects the right to keep and bear arms for the purpose of self-defense and struck down a District of Columbia law that banned the possession of handguns in the home. Chicago (hereinafter City) and the village of Oak Park, a Chicago suburb, have laws effectively banning handgun possession by almost all private citizens. After Heller , petitioners filed this federal suit against the City, which was consolidated with two related actions, alleging that the Citys handgun ban has left them vulnerable to criminals. They sought a declaration that the ban and several related Ci...
Tag this Judgment!Court : US Supreme Court
Brown, et al. v. Plata, et al. SYLLABUS OCTOBER TERM, 2010 BROWN V. PLATA SUPREME COURT OF THE UNITED STATES BROWN, GOVERNOR OF CALIFORNIA, etal. v . PLATA etal. appeal from the united states district courts for the eastern and northern districts of california No. 091233.Argued November 30, 2010Decided May 23, 2011 Californias prisons are designed to house a population just under 80,000, but at the time of the decision under review the population was almost double that. The resulting conditions are the subject of two federal class actions. In Coleman v. Brown, filed in 1990, the District Court found that prisoners with serious mental illness do not receive minimal, adequate care. A Special Master appointed to oversee remedial efforts reported 12 years later that the state of mental health care in Californias prisons was deteriorating due to increased overcrowding. In Plata v. Brown , filed in 2001, the State conceded that deficiencies in prison medical care violated ...
Tag this Judgment!Court : US Supreme Court
Sweezy v. New Hampshire - 354 U.S. 234 (1957) U.S. Supreme Court Sweezy v. New Hampshire, 354 U.S. 234 (1957) Sweezy v. New Hampshire No. 175 Argued March 5, 1957 Decided June 17, 1957 354 U.S. 234 APPEAL FROM THE SUPREME COURT OF NEW HAMPSHIRE Syllabus 1. This case was brought here on appeal under 28 U.S.C. 1257(2); but the appellant has failed to meet his burden of showing that jurisdiction by appeal was properly invoked. Held: The appeal is dismissed. Treating the papers as a petition for certiorari under 28 U.S.C. 2103, certiorari is granted. Pp. 354 U. S. 235 -236. 2. In an investigation conducted by a State Attorney General, acting on behalf of the State Legislature under a broad resolution directing him to determine whether there were "subversive persons" in the State and to recommend further legislation on that subject, appellant answered most questions asked him, including whether he was a Communist; but he refused to answer questions related to (1) the conten...
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