Implicit - Judgment Search Results

Teague Vs. Lane

Court: US Supreme Court

..... avoids the inequity resulting from an uneven application of new rules to similarly situated defendants implicit in the above retroactivity approach is the principle that habeas corpus cannot be used as a ..... from the uneven application of new rules to similarly situated defendants we therefore hold that implicit in the retroactivity approach we adopt today is the principle that habeas corpus cannot be .....

Brendale Vs. Confederated Tribes

Court: US Supreme Court

..... relying particularly on colville and wheeler for the proposition that tribal sovereignty is not implicitly divested except in those limited circumstances principally involving external powers of sovereignty where the ..... the authority to abrogate tribal sovereignty as it sees fit tribal sovereignty is not implicitly divested except in those limited circumstances page 492 u s 452 principally involving .....

Pennsylvania Vs. Union Gas Co.

Court: US Supreme Court

..... did not automatically eliminate underlying state sovereign immunity and even stronger that that assumption was implicit in the eleventh amendment what is subject to greater dispute however is how much ..... sovereign immunity was implicitly eliminated by what hamilton called the plan of the convention we have already held .....

Cotton Petroleum Corp. Vs. New Mexico

Court: US Supreme Court

..... repeal the waiver in the 1938 act and thus to diametrically change course by implicitly barring state taxation the general repealer clause contained in the 1938 act provides that ..... construction applicable to laws governing indians the general repealer clause could not be taken as implicitly incorporating consistent provisions of earlier laws rather in the indian context clear congressional consent .....

Webster Vs. Reproductive Health Svcs.

Court: US Supreme Court

..... that inhibit women from the meaningful exercise of that right a plurality of this court implicitly invites every state legislature to enact more and more restrictive abortion regulations in order to ..... is impossible to read the plurality opinion and especially its final paragraph without recognizing its implicit invitation to every state to enact more and more restrictive abortion laws and to assert .....

Narayandas S/O Gopikisan Sarda Vs. Indian Bank and ors.

Court: Mumbai

Reported in: 1989(3)BomCR683; (1989)91BOMLR308

..... a catena of decisions and observed that a speedy trial was implicit in article 21 of the constitution of india though not specifically ..... trial was not specifically enumerated as a fundamental right it was implicit in the broad sweep and content of article 21 it was ..... process of law whether there was an inordinate delay and the implicit fundamental right of speedy public trial was infringed or not are .....

The Special Tahsildar, Land Acquisition, Yerraguntla Vs. Kamalagangi R ...

Court: Andhra Pradesh

Reported in: AIR1990AP124

..... exploit themineral lime stone for manufacturing cement therefore it is implicit from the very acquisition itself that the lands are capable ..... adequate and commensurate to the prevailing market rate it is implicit therefrom that the applicant is seeking a reference under s ..... order does not contain any specific reasons but it is implicit from the order that the learned subordinate judge was conscious .....

Malladi Vidyaranya Vs. Malladi Laxmi Tripura Sundari

Court: Andhra Pradesh

Reported in: II(1990)DMC16

..... hardship to any party the power to make an interim order is implicit ancillary and a necessary corollary of the power to entertain a ..... v rajarani ammal supra the power to make an interim order is implicit ancillary and a necessary corollary of the power to entertain a ..... enabling it to grant stay the power to grant interim relief is implicit and inbuilt in the grant of main relief and therefore the .....

Raj Kishore Gupta Vs. Collector of Customs

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in: (1990)(48)ELT64TriDel

..... kishore gupta was regarding disposal of smuggled gold in india it is implicit in the aforesaid extracted findings of the collector and in particular his ..... will not vitiate the order so long as a necessary implicit finding can be read into the findings of the adjudicating authority ..... such an implicit finding we have mentioned above is apparent from collector s .....

Jett Vs. Dallas Indep. Sch. Dist.

Court: US Supreme Court

..... passed and thus suggests that 1983 changed the cause of action implicitly afforded by 1981 however not only do we generally disfavor repeals ..... to withdraw a remedy that 1 of the 1866 act had implicitly afforded unlike the plurality i would conclude that it did not ..... plaintiff second is there any indication of legislative intent explicit or implicit either to create such a remedy or to deny one third .....