Court : US Supreme Court
..... and women; (2) submissions from two sources at a hearing on the parental and medical leave act of 1986, a predecessor bill to the fmla, that public-sector parental leave polices diffe[r] little from private-sector policies; (3) evidence that 15 states provided women up to one year of extended maternity leave, while only 4 states provided for similarly extended .....
Tag this Judgment!Court : US Supreme Court
..... both their nondisclosure interests and their interests in making healthcare decisions independently. id. , at 600. the court, however, upheld the statute as a reasonable exercise of new york s broad police powers. id. , at 598. whalen acknowledged that the disclosure of private information to the state was an unpleasant invasion of privacy, id. , at 602, but the court pointed out that ..... that balances the government s interests against the individual s interest in avoiding disclosure. e.g. , barry v. new york , 712 f. 2d 1554, 1559 (ca2 1983); fraternal order of police v. philadelphia , 812 f. 2d 105, 110 (ca3 1987); woodland v. houston , 940 f. 2d 134, 138 (ca5 1991) (per curiam); in re crawford , 194 f. 3d 954, 959 (ca9 .....
Tag this Judgment!Court : US Supreme Court
..... be impermissible. the state makes the ultimate choice whether to release dmv information for any purpose under (b)(4). see tr. of oral arg. 42. states are well suited to policing attorney conduct, a sphere of traditional state authority. 6 the exception in (b)(1) covers uses by a state or entity acting on behalf of a state; (b)(2) covers .....
Tag this Judgment!Court : US Supreme Court
United States v. Castleman NOTE:Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued.The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader.See United States v. Detroit Timber & Lumber Co.,200 U.S. 321. SUPREME COURT OF THE UNITED STATES Syllabus UNITED STATES v. CASTLEMAN certiorari to the united states court of appeals for the sixth circuit No. 121371.Argued January 15, 2014Decided March 26, 2014 Respondent Castleman moved to dismiss his indictment under18 U.S.C. 922(g)(9), which forbids the possession of firearms by anyone convicted of a misdemeanor crime of domestic violence. He argued that his previous conviction for intentionally or knowingly caus[ing] bodily injury to the mother of his child, App. 27, did not qualify as a misdemeanor crime of domestic violence because it did not involve th...
Tag this Judgment!Court : UK Supreme Court
LORD HOPE 1. Very substantial judgments have been prepared in this case by Lord Walker, Lord Reed and Lord Sumption, to each of which I pay tribute. I wish in this short introduction to do two things. First, I shall say a bit about the background, to assist the reader in understanding at the outset what the issues are and to provide a guide to the passages in those judgments where they are dealt with. Second, I shall indicate briefly what my opinion is on each of them. I will however have to say a bit more about the one issue on which the court is divided: the DMG remedy/section 320 issue: see para 11, below. As it raises a question of EU law and the division of opinion shows that the answer to it is not acte clair, it is plain that it will need to be the subject of a reference to the Court of Justice for a preliminary ruling under article 267 TFEU. The proceedings 2. As Henderson J explained at the outset of his judgment [2008] EWHC 2893 (Ch), [2009] STC 254, para 1, the Franked Inve...
Tag this Judgment!Court : Patna
..... motion and the investigation commences on that basis. although the first information report is not expected to be an encyclopaedia of events, yet an information to the police in order to be first information report under section 154(1) of the code, must contain some essential and relevant details of the incident. a cryptic ..... such conclusion would lead to serious consequences inasmuch as the real accused can take the first opportunity to lodge a false complaint and get it registered by the jurisdictional police and then that would preclude the victim to lodge a complaint. 21. in pandurang chandrakant mhatre (supra), the court referred to t.t. antony (supra), ramesh ..... which also deals with cognizable cases. it reads as follows:- cognizable offence? means an offence for which, and cognizable case? means a case in which, a police officer may, in accordance with the first schedule or under any other law for the time being in force, arrest without warrant;? 12. if the primary requirement is .....
Tag this Judgment!Court : Karnataka
..... involving hundreds of crores of rupees in the department of animal husbandary in the state of bihar and pursuant to these allegations, several cases were registered by the police and investigation of these cases was later handed over to the central bureau of investigation. in an earlier petition filed before this court on 19.3.1996, this ..... the offences with a criminal conspiracy, during the year 2009-10 in ballari and so also other places in karnataka to do some illegal mining activity along the border and forest area of ballari reserve forest as regards acts of breach of trust as an agent and offences of criminal trespass and so also forgery / cheating by ..... for ascertainment as to whether a case is made out for framing charge or discharge. but under section 239, the requirement is different. it envisages ' if upon consideration the police report i.e., cbi report and the documents sent with it under section 173 and making such examination, if any, of the accused as :57. : the magistrate .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Reported in : (1994)(73)ELT107TriDel
1. The appellants have challenged the order-in-original dt. 15-5-1991 passed by the Collector of Customs, New Kandla, Gujarat. By his order dt. 15-5-1991, the ld. Collector has held that 68 packages imported by the appellants and declared to contain one No. Steam Calcination Plant (Steam Tube Drier) complete with Accessories and Wear-parts are not classifiable as a complete unit under sub-heading 8419.39 but they are required to be classified on merits, as per the allegations made in the show-cause notice. He has held that the importer did not include a part of the payment for goods to the extent of Rs. 51,27,500/- as assessable value even though they were aware that this demand had been made as a condition for the sale of the goods. By not including this amount, they would have evaded payment of duty to the extent of Rs. 58,52,4007-. He has held that besides they had also claimed classification of the entire machine under one heading even though each of the machine are separately inv...
Tag this Judgment!Court : Company Law Board CLB
Reported in : (2001)104CompCas638
1. In this order we are examining an important question of taw as to whether the affairs of a holding company would include the affairs of its subsidiaries in a petition filed under sections 397/398/402 and 403 of the Companies Act, 1956 ('the Act') and whether by impleading the subsidiaries as respondents, a shareholder of the holding company, without satisfying the provisions of section 399 in respect of the subsidiaries, claim relief in respect of the subsidiaries in terms of section 402.2. The instant petition has been filed by the petitioner holding 10 per cent shares in the 1st respondent-company (the company). The Company has 38 subsidiaries. Some of the subsidiaries are, in turn, holding companies of other subsidiaries. In this petition filed, the petitioner has arrayed 17 subsidiaries as respondents and he has sought certain reliefs against some of the subsidiaries in terms of section 402. The petitioner, other than holding 10 per cent shares in the company does not hold any ...
Tag this Judgment!Court : US Supreme Court
Miller-El v. Cockrell - 537 U.S. 322 (2003) OCTOBER TERM, 2002 Syllabus MILLER-EL v. COCKRELL, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, INSTITUTIONAL DIVISION CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 01-7662. Argued October 16, 2002-Decided February 25, 2003 When Dallas County prosecutors used peremptory strikes to exclude 10 of the 11 Mrican-Americans eligible to serve on the jury at petitioner's capital murder trial, he moved to strike the jury on the ground that the exclusions violated equal protection. Petitioner presented extensive evidence supporting his motion at a pretrial hearing, but the trial judge denied relief, finding no evidence indicating a systematic exclusion of blacks, as was required by the then-controlling precedent, Swain v. Alabama, 380 U. S. 202 . Subsequently, the jury found petitioner guilty, and he was sentenced to death. While his appeal was pending, this Court established, in Batson v. Kentucky, 476...
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