Invalidating - Judgment Search Results

Clemons Vs. Mississippi

Court: US Supreme Court

..... the court began by noting that our decision in maynard v cartwright supra had invalidated oklahoma s identical especially heinous atrocious or cruel aggravating circumstance because it was ..... established unequivocally through the years that when one aggravating circumstance is found to be invalid or unsupported by the evidence a remaining valid aggravating circumstance will nonetheless support .....

Delhi Transport Corporation Vs. D.T.C. Mazdoor Congress and Others

Court: Supreme Court of India

Reported in: AIR1991SC101; (1991)1CompLJ1(SC); JT1990(3)SC725; 1991LabIC91; (1991)ILLJ395SC; 1991Supp(1)SCC600; [1990]Supp1SCR142; 1991(1)SLJ56(SC)

..... power to terminate the services would cover both permissible and impermissible grounds rendering it wholly invalid it was urged this was particularly so because the requirement of audi alteram partem ..... the other hand there was exercise without compliance with these conditions the termination would be invalid and consequences in law of damages or reinstatement or others will follow but previous .....

North Dakota Vs. United States

Court: US Supreme Court

..... and its chosen business partners a the plurality recognizes that we have consistently invalidated nondiscriminatory state regulations that interfere with affirmative federal policies including those governing procurement ..... interstate commerce capital cities cable inc v crisp 467 u s 691 1984 invalidating an oklahoma prohibition of wine advertisements on cable television broadcasts to households .....

American Trucking Ass'ns Vs. Smith

Court: US Supreme Court

..... unconstitutional under the commerce clause places substantial obligations on the states to provide relief invalidating the hue tax has the potential for severely burdening the state s current ..... court threatens a similar disruption of governmental operations therefore our refusal here to retroactively invalidate legislation that was lawful when enacted is in accord with our previous determinations of .....

K. Ray Vs. Income-tax Officer

Court: Income Tax Appellate Tribunal ITAT Kolkata

Reported in: (1991)38ITD620(Kol.)

..... calculation or working of the tax liability and therefore they were invalid and should be annulled reliance was placed on two decisions of ..... delhi high court held that after holding that the assessment was invalid the tribunal could not restore the case to the ito ..... when the assessee was only an individual such error would not invalidate the conclusion the assessee had argued that nowhere in the past .....

Dynavision Ltd. Vs. Income-tax Officer

Court: Income Tax Appellate Tribunal ITAT Madras

Reported in: (1991)36ITD1a(Mad.)

..... association and that the directors had overstepped their powers and therefore the trust is an invalid trust the learned departmental representative further relied on the fact that no resolution had been ..... creation of the trust by the appellant company was ultra vires its powers and hence invalid 15 the learned departmental representative further relied on section 293 e of the companies act .....

Walton Vs. Arizona

Court: US Supreme Court

..... at all the theory of unusualness adopted in furman is tenuous enough when used to invalidate explicitly conferred standardless sentencing discretion i am unwilling to extend that theory to situations ..... out for death indeed my conclusion that the sentence imposed by the appellate court is invalid follows almost necessarily from my belief that the trial level sentencing was constitutionally flawed .....

Mckesson Corp. Vs. Div. of Ab and T

Court: US Supreme Court

..... its disfavored treatment on petitioner s motion for partial summary judgment the florida trial court invalidated the discriminatory tax scheme on commerce clause grounds because the revised legislation failed to ..... tax brief for respondents 28 we agree with respondents that the state might remedy the invalidity of petitioner s deprivation by extending to petitioner the sliding scale schedule in a .....

Fw/Pbs Vs. City of Dallas

Court: US Supreme Court

..... freedman safeguard unlike the freedman censor dallas does not engage in presumptively invalid direct censorship of particular expressive material but simply performs the ministerial action ..... likely unfavorable consequences attending unregulated sexually oriented businesses justice o connor nevertheless invalidates the licensing provisions for failure to provide some of the procedural requirements .....

Yadlapati Venkateswarlu Vs. the State of Andhra Pradesh and Another

Court: Supreme Court of India

Reported in: AIR1991SC704; [1991]190ITR375(SC); JT1990(4)SC19; 1990(2)SCALE519; 1992Supp(1)SCC74; [1990]Supp1SCR381

..... unless the substantive law relating to the method of assessment was also amended retrospectively the invalid actions could not be validated as that law could not be deemed to have been ..... with retrospective effect within the same constitutional limitations where the court has not already declared invalid a taxing measure which was of doubtful validity it is permissible for appropriate legislature to .....