Court : US Supreme Court
..... we think it clear, from both the language of the excessive fines clause and the nature of our constitutional framework, that the eighth amendment places limits on the steps a government may take against an individual, whether it be keeping him in prison, imposing excessive monetary sanctions, or using cruel ..... while our opinion in halper implies that punitive damages awarded to the government in a civil action may raise eighth amendment concerns, that case is materially different from this one, because there the government was exacting punishment in a civil action, whereas here the damages were awarded to ..... ] because of the result we reach today, we need not answer several questions that otherwise might be necessarily antecedent to finding the eighth amendment's excessive fines clause applicable to an award of punitive damages, and that have not been briefed by the parties. ..... fines clause was not at issue in ingraham, the court's statement that the "text of the [eighth] amendment suggests an intention to limit the power of those entrusted with the criminal law function of government," 430 u.s. ..... that provision granted courts the authority to impose on a civil plaintiff who had instituted an improper suit "a proportionable fine to the use of the defendant, or accused ..... technology corp ..... and kelley brought an action in the united states district court for the district of vermont, alleging a violation of 2 of the sherman act for attempts to monopolize the burlington roll-off market. ..... (1963) .....
Tag this Judgment!Court : US Supreme Court
..... independent inquiry into the desirability or fairness of the prevailing in-state service rule, leaving that judgment to the legislatures that are free to amend it; for our purposes, its validation is its pedigree, as the phrase " traditional notions of fair play and substantial justice" makes clear ..... (b) a formidable body of precedent, stretching from common law antecedents through decisions at or near the crucial time of the fourteenth amendment's adoption to many recent cases, reflects the near-unanimous view that service of process confers state court jurisdiction over a physically present nonresident, regardless of whether he was only briefly in the state ..... in the late 19th and early 20th centuries, changes in the technology of transportation and communication, and the tremendous growth of interstate business activity led to an "inevitable relaxation of the strict limits on state jurisdiction" ..... that "an action cannot be maintained in this court, or in any court of this state, to recover a pecuniary satisfaction in damages for a willful injury to the person, inflicted in another state, where, at the time of the act, both the wrongdoer and the party injured were domiciled in that state as resident citizens." id. ..... 632 institute [ footnote 2/6 ] all have interpreted international shoe and shaffer to mean that every assertion of state court jurisdiction, even one pursuant to a "traditional" rule such as transient jurisdiction, must comport with ..... n.w.2d 737, 738 (1963); read v. .....
Tag this Judgment!Court : US Supreme Court
..... other person in charge of such conveyance was a consenting party or privy to a violation of this title or title iii; and "(b) no conveyance shall be forfeited under the provisions of this section by reason of any act or omission established by the owner thereof to have been committed or omitted by any person other than such owner while such conveyance was unlawfully in the possession of a person other than the owner in violation of the ..... the moment of forfeit ability: "by the settled doctrine of this court, whenever a statute enacts that upon the commission of a certain act specific property used in or connected with that act shall be forfeited, the forfeiture takes effect immediately upon the commission of the act; the right to the property then vests in the united states, although their title is not perfected until judicial condemnation; the forfeiture constitutes ..... , concurring in judgment the right of the united states to institute an "action to recover" a forfeiture.2 the traditional operation of the relation-back doctrine also explains the textual difference between 881 (a) (6)'s innocent-"owner" and 853's innocent-"transferee" ..... the 1984 amendment provides: "all right, title, and interest in property described in subsection (a) of this section shall vest in the united states upon commission of the act giving rise to ..... provide for the forfeiture of "proceeds" until 1984, when congress added 1963(a)(3) to resolve any doubt whether it intended the statute to reach so ..... technologies .....
Tag this Judgment!Court : US Supreme Court
..... any suggestion that viva voce voting infringed the accepted understanding of the pre-existing freedom of speech to which the first amendment s text refers is refuted by the fact that several state constitutions that required or authorized viva voce voting also explicitly guaranteed the ..... just as the century-old practice of states prohibiting anonymous electioneering was sufficient for me to reject the first amendment claim to anonymity in mcintyre , the many-centuries-old practices of public legislating and voting are sufficient for me to ..... [ footnote 1 ] b respondents assert two interests to justify the burdens of compelled disclosure under the pra on first amendment rights: (1) preserving the integrity of the electoral process by combating fraud, detecting invalid signatures, and fostering government transparency and accountability; and (2) providing information to the electorate about who ..... s longstanding traditions of legislating and voting in public refute the claim that the first amendment accords a right to anonymity in the performance of an act with governmental effect. ..... b in addition, as i have previously explained, the state of technology today creates at least some probability that signers of every referendum will be subjected to threats, harassment, or reprisals if their personal ..... 22 24, among the 809 initiative measures placed on state ballots in this country between 1988 and 2008, see initiative and referendum institute, initiative use 2 (feb. ..... 544 (1963); naacp .....
Tag this Judgment!Court : Chennai
..... one party; (iii) that the election held on 4.2.2009 is already the subject matter of a civil suit in o.s.no.113 of 2011 and hence, the registrar of societies should have taken his hands off; (iv) that despite the act stipulating the invocation of section 37 as the only consequence of an enquiry under section 36, the respondent has recommended the invocation of section 34-a for superseding the management; (v) that the findings in the report regarding the number of members ..... objects for which the society was formed, was to establish high schools, arts and science colleges and engineering and technological institutes and colleges, primarily for the benefit of students belonging o the yadhava community. ..... therefore, it is not only necessary that steps are taken by the government to initiate action under section 14-a of the tamil nadu private colleges (regulation) act and section 34-a of the tamil nadu societies registration act, but also necessary that an investigation is ordered about the conduct of the parties to this litigation, in writing intimidatory letters, either in their own name or in an anonymous or pseudonymous ..... they are (i) the bye-laws, the amendments effected from time to time, the effect of those amendments and the non-filing of the same (ii) the different types of members of the society, the history of membership from 1963-1964 onwards upto 2008-2009, (iii) the history of filing of statutory returns by the society, the orders condoning the delay in filing returns .....
Tag this Judgment!Court : Chennai
..... one party; (iii) that the election held on 4.2.2009 is already the subject matter of a civil suit in o.s.no.113 of 2011 and hence, the registrar of societies should have taken his hands off; (iv) that despite the act stipulating the invocation of section 37 as the only consequence of an enquiry under section 36, the respondent has recommended the invocation of section 34-a for superseding the management; (v) that the findings in the report regarding the number of members ..... objects for which the society was formed, was to establish high schools, arts and science colleges and engineering and technological institutes and colleges, primarily for the benefit of students belonging o the yadhava community. ..... therefore, it is not only necessary that steps are taken by the government to initiate action under section 14-a of the tamil nadu private colleges (regulation) act and section 34-a of the tamil nadu societies registration act, but also necessary that an investigation is ordered about the conduct of the parties to this litigation, in writing intimidatory letters, either in their own name or in an anonymous or pseudonymous ..... they are (i) the bye- laws, the amendments effected from time to time, the effect of those amendments and the non-filing of the same (ii) the different types of members of the society, the history of membership from 1963-1964 onwards upto 2008-2009, (iii) the history of filing of statutory returns by the society, the orders condoning the delay in filing returns .....
Tag this Judgment!Court : Supreme Court of India
..... seeking to be advocates of the court.13 initially, barristers and solicitors predominated the original side practice in the high courts.14 gradually, both advocates and vakils (who were indian non-barristers) could act and plead before all high courts, except for the calcutta high court which excluded vakils from the original side.15 this distinction between advocates and vakils led to the demand for the ..... ; or [(iii) after the 12th day of march, 1967, save as provided in sub-clause (iii-a), after undergoing a three-year course of study in law from any university in india which is recognised for the purposes of this act by the bar council of india; or (iii-a) after undergoing a course of study in law, the duration of which is not less than two academic years commencing from the academic year 1967-68, or any earlier academic 5 part a5 ..... union of india,87 one of us (d y chandrachud, j) observed that substantive equality is directed at eliminating individual, institutional, and systemic discrimination against disadvantaged groups which effectively undermines their full and equal participation in society at the social, economic, political, ..... the advocates act was enacted to amend and consolidate the law relating to legal practitioners and constitute a common bar for ..... for day-to-day functioning including administrative expenses, staff salaries, infrastructure maintenance and technological advancements. ..... religious and charitable endowments, 1963 supp (2) scr302[18].. ..... u p, 1963 scc online .....
Tag this Judgment!Court : Supreme Court of India
..... bench on 17.06.2005; that the appellant preferred an appeal which was dismissed by the judgment on 17.1.2006, which is impugned herein; that the scheme which has been amended was put to vote and was duly approved by the three-fourth of the secured creditors present and voting in value terms; and that the court has approved and ..... payable and the appellant would be entitled in law to execute the award for recovery of the entire due without prejudice to and in addition to entitlement to institute criminal proceedings under the negotiable instruments act; that the respondent failed to pay the first instalment of rs.17,500,000/- on or before 30.09.2004; that on 30.09.2004 the respondent filed a petition under sections 391-394 ..... to hold that the application preferred under section 391(1) was maintainable; that the court had the jurisdiction to consider the application filed under section 391(1) of the act, even for the purpose of convening a meeting of its creditors and its jurisdiction was not affected solely because an application had been filed before the debt recovery ..... international brand had entered into the indian market, the respondent company in order to keep pace with the technological advancement in the field of business initiated a comprehensive restructuring of its operations which primarily involved rejuvenating its ..... the respondent herein, was incorporated under the companies act, 1956 (for brevity 'the act") and on 16.4.1963, certificate of incorporation in the name of the .....
Tag this Judgment!Court : Supreme Court of India
..... bench on 17.06.2005; that the appellant preferred an appeal which was dismissed by the judgment on 17.1.2006, which is impugned herein; that the scheme which has been amended was put to vote and was duly approved by the three-fourth of the secured creditors present and voting in value terms; and that the court has approved and ..... payable and the appellant would be entitled in law to execute the award for recovery of the entire due without prejudice to and in addition to entitlement to institute criminal proceedings under the negotiable instruments act; that the respondent failed to pay the first instalment of rs.17,500,000/- on or before 30.09.2004; that on 30.09.2004 the respondent filed a petition under sections 391-394 ..... to hold that the application preferred under section 391(1) was maintainable; that the court had the jurisdiction to consider the application filed under section 391(1) of the act, even for the purpose of convening a meeting of its creditors and its jurisdiction was not affected solely because an application had been filed before the debt recovery ..... international brand had entered into the indian market, the respondent company in order to keep pace with the technological advancement in the field of business initiated a comprehensive restructuring of its operations which primarily involved rejuvenating its ..... the respondent herein, was incorporated under the companies act, 1956 (for brevity 'the act") and on 16.4.1963, certificate of incorporation in the name of the .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Chandigarh
..... as the assessee was promoter of the company and as it was its obligation to meet overhead expenditure, that is financial institution had put a condition that if the project exceeded the estimated cost, the promoter would have to meet with interest-free loans and balance loan was given to m/s. ..... it was stressed that the assessee's main object was to identify new sources of plant and machinery as well as to equip itself with modern technology and that the same would have benefited the assessee because it was also manufacturing bicycles. ..... 1st august, 1955, and later on amended was relevant only in the case of an employee and not in the case of assessment of a company. ..... cit (1995) 52 ttj (del) 499 wherein the managing director had undertaken foreign tour to build foreign market and do study latest technology. ..... the assessee submitted that the claim was revised in view of amendment in s. ..... she held that the decision cited were distinguishable on facts.she observed that in (1980) 126 itr 448 (p&h) (supra), issue of commission paid to the firm acting as a sole selling agent was involved. ..... gopikrishna murlidhar (1963) 47 itr 469 (ap) and shri digvijay cement co. ..... vi of the companies act, subject to further adjustments provided in the section. ..... 40a(5) of the it act, 1961, including reimbursement of medical expenses. ..... 32ab of the act. .....
Tag this Judgment!