Court : US Supreme Court
United States v. Wood - 299 U.S. 123 (1936) U.S. Supreme Court United States v. Wood, 299 U.S. 123 (1936) United States v. Wood No. 34 Argued October 20, 1936 Decided December 7, 1936 299 U.S. 123 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA Syllabus 1. Bias of a prospective juror may be actual or implied -- i.e., bias in fact or bias conclusively presumed as a matter of law. P. 299 U. S. 133 . 2. The Act of August 22, 1935, concerning qualifications of jurors in the District of Columbia, leaves all prospective jurors subject to examination and rejection for actual bias. Id. 3. In dealing with an employee of the Government, summoned to jury service in a criminal case, the court should be solicitous to discover whether, in view of the nature or circumstances of his employment, or of the relation of his particular governmental activity to the matters involved in the prosecution, he has actual bias. P 299 U. S. 134 . Page 299 U. S. 12...
Tag this Judgment!Court : US Supreme Court
Vandalia R. Co. v. Public Service Comm'n - 242 U.S. 255 (1916) U.S. Supreme Court Vandalia R. Co. v. Public Service Comm'n, 242 U.S. 255 (1916) Vandalia Railroad Company v. Public Service Commission of Indiana No. 81 Submitted November 6, 1916 Decided December 11, 1916 242 U.S. 255 ERROR TO THE SUPREME COURT OF THE STATE OF INDIANA Syllabus Prior to the Act of March 4, 1915, c. 169, 38 Stat. 1192, and after the Act of February 17, 1911, c. 103, 36 Stat. 913, the state police power extended to the regulation of the character of headlights used on Page 242 U. S. 256 locomotives employed in interstate commerce. Atlantic Coast Line v. Georgia, 234 U. S. 280 . A judgment which correctly refused injunctive relief against such state regulation may not be attacked on writ of error as a judgment infringing federal rights (Judicial Code, 237) upon the ground that the same field of regulation has since been occupied by tho federal government under an act of Congress enacted af...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2007SC2276; (SCSuppl)2007(3)CHN95; 2007(7)SCALE546; (2007)6SCC668; 2007AIRSCW3962
S.B. Sinha, J.1. Validity or otherwise of certain provisions of the West Bengal Central Valuation Board (Amendment) Act, 1994 (for short 'the Amendment Act') is in question in these appeals which arise out of a judgment and order dated 24.12.2003 passed by a Division Bench of the High Court of Calcutta dismissing the writ petition filed by the appellant herein and, thus, upholding the impugned provisions thereof.2. Members of the appellant association are occupiers of lands and buildings situated within the territorial limits of the Bidhannagar Municipality. Annual valuation of lands and buildings for the purpose of assessment of municipal tax indisputably is governed by the provisions of the West Bengal Municipal Act, 1993 (for short 'the Municipal Act'). In terms of Section 110 thereof, the annual valuation of lands and buildings is required to be determined by the Central Valuation Board (for short 'the Board'). The Board was established under the provisions of the West Bengal Centr...
Tag this Judgment!Court : Supreme Court of India
Reported in : 2007(Supp.)Bom.C.R.925
P. Sathasivam, J.1. I have had the benefit of reading the erudite judgment of my learned Brother, Hon. B. Sudershan Reddy, J. I am unable to share the view expressed by him on some points and must respectfully dissent.2. Though the facts and provisions of the relevant law have been set out in the judgment prepared by B. Sudershan Reddy, J., keeping in view of the importance in the matter, I propose to refer all the details and deliver a separate judgment in the following terms:3. Leave granted.4. 'The people of the entire country have a stake in natural gas and its benefit has to be shared by the whole country.' - Association of Natural Gas and Ors. v. Union of India and Ors.: (2004) 4 SCC 489 (CB)5. Being aggrieved by the judgment and order of the Division Bench of the High Court of Bombay dated 15.06.2009 in Appeal No. 1 of 2008 in Company Application No. 1122 of 2006 and in Company Petition No. 731 of 2005, Reliance Natural Resources Ltd. (in short 'RNRL') has filed S.L.P.(C) Nos. 1...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2007SC861; 2007(1)ALLMR(SC)944; 2007(1)AWC689(SC); [2007(2)JCR148(SC)]; JT2007(2)SC292; 2007(1)KLT623(SC); (2007)3MLJ423(SC); 2007(1)SCALE197; (2007)2SCC1; 2007AIRSCW611; 2007(3)CivilLJ589; 2007(1)LawHerald(SC)480; 2007(2)KCCRSN44(SC)
Y.K. Sabharwal, C.J.1. In these matters we are confronted with a very important yet not very easy task of determining the nature and character of protection provided by Article 31-B of the Constitution of India, 1950 (for short, the 'Constitution') to the laws added to the Ninth Schedule by amendments made after 24th April, 1973. The relevance of this date is for the reason that on this date judgment in His Holiness Kesavananda Bharati, Sripadagalvaru v. State of Kerala and Anr. : AIR1973SC1461 was pronounced propounding the doctrine of Basic Structure of the Constitution to test the validity of constitutional amendments.Re : Order of Reference2. The order of reference made more than seven years ago by a Constitution Bench of Five Judges is reported in I.R. Coelho (Dead) by LRs. v. State of Tamil Nadu : AIR1999SC3179 (14.9.1999) . The Gudalur Janmam Estates (Abolition and Conversion into Ryotwari) Act, 1969 (the Janmam Act), insofar as it vested forest lands in the Janmam estates in th...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2007SC2531; 2008(2)ALD(Cri)505; 2008(3)ALT(Cri)89; 2007(6)KarLJ1; 2007(8)SCALE1; 2007AIRSCW4513; 2007(1)LawHerald(SC)1851; 2007(5)AIRKarR132; JT2007(7)SC397
AFTAB ALAM,J. 1. Death to a cold blooded murderer or life, albeit subject to severe restrictions of personal liberty, is the vexed question that once again arises before this court. A verdict of death would cut the matter cleanly, apart from cutting short the life of the condemned person. But a verdict of imprisonment for life is likely to give rise to certain questions. (Life after all is full of questions!). How would the sentence of imprisonment for life work out in actuality? The Court may feel that the punishment more just and proper, in the facts of the case, would be imprisonment for life with life given its normal meaning and as defined in section 45 of the Indian Penal Code. The Court may be of the view that the punishment of death awarded by the trial court and confirmed by the High Court needs to be substituted by life imprisonment, literally for life or in any case for a period far in excess of fourteen years. The Court in its judgment may make its intent explicit and state...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2007SC1168; (2007)1CompLJ46(SC); 2006(12)SCALE543; 2007[5]STR161
S.B. Sinha, J.1. Appellants are members of Hotel Association of India and Hotel & Restaurant Owners Association (Western India), EIH Limited and Eastern International Hotels Ltd. The members of Hotel Association of India are owners of big hotels whereas the members of Hotel & Restaurant Owners Association (Western India) are owners of small hotels. They provide television services to their guests. Respondents herein are broadcasters or distributors. The television services provided for by the broadcasters to the actual consumers are carried through distribution of Cable or Multi System Operators (MSOs). Whereas ordinarily in the small hotels cable operators give signal to all the rooms wherefore separate charges are levied; the services provided in the big hotels are through an equipment installed for the said purpose known as Head End. The signals are received through satellites. They have contracts with the broadcasters directly. 2. The Parliament enacted the Cable Television Network...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2007SC71; 2006(4)AWC4054(SC); [2007(1)JCR147(SC)]; JT2006(9)SC191; 2006(6)KarLJ529; 2006(10)SCALE301; (2006)8SCC212
S.H. Kapadia, J.1. The width and amplitude of the right to equal opportunity in public employment, in the context of reservation, broadly falls for consideration in these writ petitions under Article 32 of the Constitution.FACTS IN WRIT PETITION (CIVIL) No. 61 OF 2002:2. The facts in the above writ petition, which is the lead petition, are as follows. Petitioners have invoked Article 32 of the Constitution for a writ in the nature of certiorari to quash the Constitution (Eighty-Fifth Amendment] Act, 2001 inserting Article 16 of the Constitution retrospectively from 17.6.1995 providing reservation in promotion with consequential seniority as being unconstitutional and violative of the basic structure. According to the petitioners, the impugned amendment reverses the decisions of this Court in the case of Union of India and Ors. v. Virpal Singh Chauhan and Ors., Ajit Singh Januja and Ors. v. State of Punjab and Ors. (Ajit Singh-I), Ajit Singh and Ors. (II) v. State of Punjab and Ors. , A...
Tag this Judgment!Court : Supreme Court of India
J U D G M E N T1. Heard learned counsel for the appellant. Service of Notice of Lodgment of petition of Appeal is complete, but no one has entered appearance on behalf of the sole respondent-State.2. The facts of the case are similar to the facts in Arup Bhuyan vs. State of Assam Criminal Appeal No.889 of 2007, which we allowed on 3.2.2011.3. As in the case of Arup Bhuyan (supra), the only evidence against the appellant in this case is his alleged confession made to a police officer, for which he was charged under the Terrorist and Disruptive Activities (Prevention) Act, 1987 (in short `TADA').4. The facts of the case are that one Anil Kumar Das went missing from the evening of 6.11.1991, and his dead body was recovered after two months on 19.1.1992 from the river Dishang. Five persons including the appellant were charged for his death. The appellant was not named in the FIR. No prosecution witness has attributed any role to the appellant. The charge sheet in the case was filed after a...
Tag this Judgment!Court : Supreme Court of India
Reported in : 2008(6)ALD19(SC); 2008(4)AWC3875(SC); JT2008(9)SC622; RLW2008(4)SC2794; 2008(12)SCALE367; (2008)9SCC552; 2008(6)Supreme402
C.K. Thakker, J.1. Leave granted.2. All these appeals are filed by the appellants being aggrieved and dissatisfied with the judgment and order passed by the High Court of Andhra Pradesh in various Letters Patent Appeals as also in Writ Petitions. By the said orders, the High Court rejected the prayer of the appellants for quashing proceedings under the Land Acquisition Act, 1894 (hereinafter referred to as `the Act') for acquisition of land being illegal, unlawful, mala fide and in colourable exercise of power by the State.Factual background3. To appreciate the controversy in the present appeals, it is appropriate to refer to the facts in the first matter i.e. Civil Appeal arising out of SLP(C) No. 2239 of 2006 (Sooraram Pratap Reddy and Ors. v. Deputy Collector, Ranga Reddy and Ors.). It was the case of the appellants before the High Court that the Government of Andhra Pradesh sought to acquire a large chunk of land in the name of `public purpose' for the purported development of `Fin...
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