Judgment Search Results Home > Cases Phrase: indian boilers amendment act 2007 section 11 amendment of section 11 Sorted by: recent Court: us supreme court Year: 1998 Page 4 of about 57 results (0.227 seconds)

WisconsIn Dept. of Corrections Vs. Schacht

Court : US Supreme Court

..... a cause and submits its rights for judicial determination, it will be bound thereby and cannot escape the result of its own voluntary act by invoking the prohibitions of the eleventh amendment." an early decision of this court applied this principle in holding that a state's voluntary intervention in a federalcourt action to ..... and its employees in their "official capacities." the district court granted the motion, stating: "plaintiff agrees his claims for money damages are barred [by the eleventh amendment] but pursues his claims for injunctive relief. plaintiff does not, however, request injunctive relief in his complaint .... defendants' motion to dismiss plaintiff's claims against the ..... the situation in which law usually says a party must accept the consequences of its own acts. it would seem simple enough to rule that once a state consents to removal, it may not turn around and say the eleventh amendment bars the jurisdiction of the federal court. consent to removal, it can be argued, .....

Hohn Vs. United States

Court : US Supreme Court

..... failing to challenge the instruction on direct appeal. while hohn's motion was pending before the district court, congress enacted the antiterrorism and effective death penalty act of 1996 (aedpa), 110 stat. 1214. section 102 of aedpa amends the statutory provision which had required state prisoners to obtain a certificate of probable cause before appealing the denial of a habeas petition. the ..... such "use" under this court's intervening decision in bailey v. united states, 516 u. s. 137. while the motion was pending, congress enacted the antiterrorism and effective death penalty act of 1996, 102 of which amends the statutory provision which had required state prisoners to obtain a certificate of probable cause before appealing the denial of a habeas petition. the .....

Montana Vs. Crow Tribe

Court : US Supreme Court

..... 1,137,500 acres of land that was originally part of the reservation. the tribe ceded the tract to the united states in 1904 for settlement by non-indians. act of apr. 27, 1904, ch. 1624, 33 stat. 352; see ash sheep co. v. united states, *briefs of amici curiae urging reversal were filed ..... strip in trust for the tribe. in 1972, with the approval of the department of the interior and pursuant to the indian mineral leasing act of 1938 (imla), westmoreland resources, inc., a non-indian company, entered into a mining lease with the tribe for coal underlying the ceded strip. mter executing the lease, westmoreland ..... signed contracts with its customers, four utility companies, allowing it to pass on to the utilities the cost of valid taxes. westmoreland and the tribe renegotiated the lease in 1974. the amended .....

Nar Bahadur Bhandari Etc. Vs. State of Sikkim and Others

Court : Supreme Court of India

Reported in : 1998IVAD(SC)600; AIR1998SC2203; 1998(2)ALD(Cri)24; 1998CriLJ3013; 1998(2)CTC189; JT1998(4)SC164; RLW1998(2)SC369; 1998(3)SCALE571; (1998)5SCC39; [1998]3SCR421; 1999(1)SLJ7(

..... an order on 1.7.97 upholding the preliminary objection and expressing the view that the court not having been constituted under criminal law (amendment) act, 1952 hereinafter referred to as the 'act of 1952' lacked jurisdiction to take cognizance of and to try the offences in the present case. consequently, it held that further ..... .ps 146-148: the petitioner in the earlier petitions was the chief minister of sikkim and the petitioner in the later petitions was a member of indian administrative service(sikkim cadre) working at the relevant time as a secretary to the rural development department, government of sikkim.3.cases were registered against the ..... , for exercising powers and jurisdiction in the state of sikkim for investigations of offences punishable under the provisions of the indian penal code specified therein as well as offences under the prevention of corruption act, 1947. the said notification was challenged in a writ petition filed under article 32 of the constitution of india. .....

Indian Bank Vs. the Official Liquidator, Chemmeens Exports (P) Ltd. an ...

Court : Supreme Court of India

Reported in : 1998VAD(SC)72; AIR1998SC2111; [1998]93CompCas76(SC); 1998(2)CTC632; [1998(79)FLR761]; JT1998(4)SC172; 1998(3)SCALE531; (1998)5SCC401; [1998]3SCR255

..... or such application has been made or is made before or after the order for the winding up of the company, or before or after the commencement of the companies (amendment) act, 1960.(3) any suit or proceeding by or against the company which is pending in any court other than that in which the winding up of the company is proceeding ..... of the debt amount in a sum of rs. 29,50,609.58 due to it. the permission having been granted by the company court on 7.12.79, the indian bank filed the said suit, o.s.no. 169/80 in the subordinate judg's court, cochin, against the debtor company in liquidation which was represented by the official liquidator ..... creditors excluding the decree holder.2. it will be necessary to notice the facts giving rise to this appeal for a proper appreciation of the questions raised before us. the indian bank advanced certain amounts to m/s. chemmeens exports pvt. ltd. which was secured by an equitable mortgage by deposit of title deeds of the debtor company with the bank .....

Real Value Appliances Ltd. Vs. Canara Bank and ors.

Court : Supreme Court of India

Reported in : 1998VAD(SC)121; AIR1998SC2064; [1998]93CompCas26(SC); 1998(3)CTC112; [1998(79)FLR675]; JT1998(3)SC715; (1998)119PLR553; 1998(3)SCALE427; (1998)5SCC554; [1998]3SCR170

..... section 15. the chapter headings cannot, in our opinion, be treated as rigid compartments.30. there can, therefore, be no difficulty in holding mat after the amendment to regulation 19 w.e.f. 24.3.1994, once the reference is registered and when once it is mandatory simultaneously to call for information/documents from the ..... and in regard to the preparation of the balance sheet - could not be accepted inasmuch as these actions 'were permissible under the various provisions of the companies act, 1956 and as such these were valid under law'. the matter was adjourned to enable the company to submit its revival/rehabilitation proposals. these are the ..... a reference before the board for industrial and financial reconstruction (hereinafter called the 'bifr') on 17.7.1997 under the sick industrial companies (special provision) act, 1985 (hereinafter called the 'act'). the said reference was registered on 24.7.1997 as case no. 97 of 1997. the point raised in these appeals is that once the reference .....

Monge Vs. California

Court : US Supreme Court

..... and the consequences of capital sentencing proceedings are intertwined. we have held that "in capital cases the fundamental respect for humanity underlying the eighth amendment requires consideration of the character and record of the individual offender and the circumstances of the particular offense as a constitutionally indispensable part of ..... laws" 'penaliz[e] only the last offense committed by the defendant' "). nor have sentence enhancements been construed as additional punishment for the previous offense; rather, they act to increase a sentence "because of the manner in which [the defendant] committed the crime of conviction." united states v. watts, 519 u. s. 148 ..... . matthew d. roberts argued the cause for the united states as amicus curiae urging affirmance. with him on the brief were solicitor general waxman, acting assistant attorney general keeney, and deputy solicitor general dreeben.* *david m. porter and robert weisberg filed a brief for the national association of criminal .....

Clinton Vs. City of New York

Court : US Supreme Court

..... such cancellation prevents a provision "from having legal force or effect," 691e(4)(b)-(c). thus, in both legal and practical effect, the presidential actions at issue have amended two acts of congress by repealing a portion of each. statutory repeals must conform with art. i, ins v. chadha, 462 u. s. 919 , 954, but there ..... canceled item in the latter, continue to have the same force and effect as they had when signed into law. in both legal and practical effect, the president has amended two acts of congress by repealing a portion of each. "[r]epeal of statutes, no less than enactment, must conform with art. 1." ins v. chadha, 462 u ..... eliminate any lingering financial effect of canceled items. 442 v the government advances two related arguments to support its position that despite the unambiguous provisions of the act, cancellations do not amend or repeal properly enacted statutes in violation of the presentment clause. first, relying primarily on field v. clark, 143 u. s. 649 (1892), the .....

Nirmal Kanti Roy Vs. State of West Bengal

Court : Supreme Court of India

Reported in : 1998IVAD(SC)290; AIR1998SC2322; 1998(1)ALD(Cri)874; 1998(2)ALT(Cri)6; 1998CriLJ3282; 1998(2)Crimes267(SC); JT1998(3)SC436; RLW1998(2)SC294; 1998(3)SCALE232; (1998)4SCC590;

..... act 24 of 1988. by such amendment those sub-sections now read as follows : -'(5) if, in respect of-(i) any case triable by a magistrate as a summons case, the investigation is not concluded within a period of six months, or(ii) any case exclusively triable by a court of session or a case under chapter xviii of the indian ..... the magistrate dismissed the application pointing out that the case was triable only by a special judge under the west bengal criminal law amendment (special court act 1949) (for short 'the special court act 1949') and hence an order stopping investigation and the consequent discharge order under section 167(5) could be passed only by that ..... durgesh chandra saha v. bimal chandra saha and ors., : 1996crilj1137 the situation considered was one relating to section 167(5) of the code as amended by the west bengal act. the two-judge bench held that the consequences envisaged in the sub-section would not befall a case where investigation was completed and charge-sheet was .....

Jagjit Cotton Textile Mills Vs. Chief Commercial Superintendent N.R. a ...

Court : Supreme Court of India

Reported in : 1998IVAD(SC)185; AIR1998SC1959; JT1998(3)SC297; 1998(3)SCALE209; (1998)5SCC126; [1998]2SCR1065

..... reasons of the amending bill which preceded the said amending act of 1954. it reads as follows:'with a view to secure better utilisation ..... 'normal carrying capacity' and variation of normal carrying capacity. (the corresponding section under the new act, 1989 is section 72).13. the above provisions of old section 53 were the result of the railways (amendment) act, 1954 (act 22 of 1954). the purpose of this section is made clear in the statement of objects and ..... increased carrying capacity so permitted.as however, this practice is not strictly in conformity with the provisions of section 53 of the indian railways act, 1890, the present bill seeks to amend this section suitably to permit loading wagons (when occasion so requires) beyond the marked carrying capacity without exhibiting the enhanced capacity on .....