Implicit - Judgment Search Results

Panchu Mondal and ors. Vs. Central Bank of India and ors.

Court: Kolkata

Reported in: (2002)IILLJ506Cal

..... as part of its welfare activities and as such it was neither statutory obligation nor implicit or explicit non statutory obligation to provide canteen facilities therefore the decision in indian overseas ..... are pure question of facts which are to be determined in order to establish an implicit obligation in exercise of writ jurisdiction this court cannot undertake determination of these factors which .....

Sprietsma Vs. Mercury Marine

Court: US Supreme Court

..... does not expressly pre empt state common law claims respondent contends that such claims are implicitly pre empted by the entire statute and more specifically by the coast guard s decision ..... propeller guards both are viable pre emption theories we have recognized that a federal statute implicitly overrides state law either when the scope of a statute indicates that congress intended federal .....

Eldred Vs. Ashcroft

Court: US Supreme Court

..... his application for the patent while exploiting the invention commercially as we recently explained implicit in the patent clause itself is the understanding that free exploitation of ideas ..... judicial opinions relied upon by the majority interpreting early legislative enactments have either been implicitly overruled or do not support the proposition claimed graham flatly contradicts the cases relied .....

Golam Momen Vs. Deputy Commissioner of Income-tax and ors.

Court: Kolkata

..... passed under section 220 6 therefore the giving of opportunity is implicit under the said provision 5 under sub section 6 the assessing ..... makes it clear that the scope of making an application is implicit in the section 10 when such discretion is invoked the ..... it seeks to invoke such discretion the opportunity of hearing is implicit in the provision support may be drawn from the decisions cited .....

Barnhart Vs. Peabody Coal Co.

Court: US Supreme Court

..... for accuracy by arguing that one feature of this provision for reconsideration in 9706 f implicitly supports them this specific and isolated exception to an otherwise unequivocal bar to assignments after ..... statutory mandates and the relevant question becomes whether and to what extent 9705 a 1 implicitly repealed the provisions of erisa as applied to the umwa pension plan resolving that question .....

Ganesh Motiram Vichare Vs. M.N. Singh and ors.

Court: Mumbai

Reported in: 2002CriLJ1636

..... pertains to making a representation against a detention order it is implicit in article 22 5 that along with the copy of grounds ..... right of making a representation at the earliest opportunity it is implicit in article 22 5 that an error in translation would only ..... representation to the detaining auhority 16a it should be remembered that implicit in extinguishment of a right is its existence only a right .....

Barnes Vs. Gorman

Court: US Supreme Court

..... it must be concluded that title vi funding recipients have not merely by accepting funds implicitly consented to liability for punitive damages 2 2we cannot understand justice stevens chicken little ..... substantial contribution to defray costs it defies common sense in short to suppose that congress implicitly imposed this massive obligation on participating states id at 24 the case before us .....

Tahoe-sierra Preservation Council, Inc. Vs. Tahoe Regional Planning Ag ...

Court: US Supreme Court

..... changes in zoning ordinances variances and the like thus first english did not approve and implicitly rejected petitioners categorical approach nor is lucas dispositive of the question presented its categorical ..... why our cases do not support their proposed categorical rule indeed fairly read they implicitly reject it next we shall explain why the armstrong principle requires rejection of that .....

Verizon Md. Inc. Vs. Public Serv. Comm'n of Md.

Court: US Supreme Court

..... verizon and the united states argue however that a state commission s authority under 252 implicitly encompasses the authority to interpret and enforce an interconnection agreement that the commission has ap ..... e 6 constitutes a detailed and exclusive remedial scheme like the one in seminole tribe implicitly excluding ex parte young actions is without merit that section provides only that when state .....

United States Vs. Vonn

Court: US Supreme Court

..... the committee implied nothing more than it said and it certainly did not implicitly repeal rule 52 b so far as it might cover a rule ..... 66 ter of logic to argue that if rule 52 b were implicitly made inapplicable to rule 11 errors a defendant who failed to object ..... advisory committee implied nothing more than it said and it certainly did not implicitly repeal rule 52 b so far as it might cover a rule .....