Judgment Search Results Home > Cases Phrase: judges inquiry act 1968 section 5 powers of committee Year: 1960 Page 43 of about 434 results (0.256 seconds)

American Trucking Assns., Inc. Vs. United States

Court : US Supreme Court

..... perceive any other reason to upset this award. consequently, we affirm with respect to this particular permit. there remains only the question of standing. although the three-judge court concluded that the commission had not exceeded its authority in this case, two members of the court also believed that "there was no showing of actual or ..... page 364 u. s. 14 should not substitute our judgment for the commission's on a matter like this, for "[t]he grounds upon which an administrative order must be judged are those upon which the record discloses that its action was based." securities & exchange commission v. chenery corp., 318 u. s. 80 , 318 u. s. 87 ..... commission acts beyond its statutory authority when, in the public interest, it occasionally departs from the auxiliary and supplementary limitations in a 207 proceeding." 355 u.s. at 355 u. s. 151 -152. these, then, are the guiding principles which have been established by what has gone before and which mark the range of our inquiry in .....

Continental GraIn Co. Vs. Barge Fbl-585

Court : US Supreme Court

..... footnote 2/4 ]" after hearing, the district court granted the motion and ordered the action transferred as requested by the movant, but the district judge, acting under the interlocutory appeals act, 28 u.s.c. 1292(b), "certified that this order involves a controlling question of law as to which there is substantial ground for ..... rem is one essentially against the vessel itself as the debtor or offending thing; and, in such an action, the vessel itself is impleaded as the defendant, seized, judged and sentenced. [ footnote 2/14 ] in rounds v. cloverport foundry & machine co., 237 u. s. 303 , mr. justice hughes, in distinguishing between in ..... action" to vindicate a wrong -- however brought in a court -- presents issues and requires witnesses that make one district court more convenient than another, the trial judge can, after findings, transfer the whole action to the more convenient court. that situation exists here. although the action in new orleans was technically brought against the .....

United States Vs. American-foreign S.S. Corp.

Court : US Supreme Court

..... have rendered devoted service in the trial and appellate courts of the united states, voluntarily and without economic incentive of any kind. [ footnote 5 ] an enlightening discussion by judge maris of the thorough administrative machinery worked out by the court of appeals for the third circuit appears in 14 f.r.d. 91. [ footnote 6 ] it ..... . 691 statute is to be changed, it is for congress, not for us, to change it. we conclude for these reasons that, under existing legislation, a retired circuit judge is without power to participate in an en banc court of appeals determination, and accordingly that the judgment must be set aside. american construction co. v. jacksonville, t. ..... whether a circuit judge who has retired is eligible under this statute to participate in the decision page 363 u. s. 686 of a case on rehearing en banc. we have concluded that he is not. this litigation arose when the respondents, who had chartered ships from the government under the merchant ship sales act, 50 u.s .....

Ftc Vs. Travelers Health Association

Court : US Supreme Court

..... the court accordingly decided that the commission was "without authority to regulate the practices of the [respondent] in soliciting insurance." 262 f.2d 241, 244. judge vogel dissented, stating his belief that it was "impractical and ineffective" to "force the citizens of other states to rely upon nebraska's regulation of the ..... ground, expressions which, the court correctly observes, reflected "a basic motivating policy behind the legislative movement that culminated in the enactment of the mccarran-ferguson act." and since the court very gingerly throws out possible constitutional questions, i think it appropriate to say that the right of nebraska to police its own insurance ..... respondent from making certain statements and representations in its circular letters found by the commission to be misleading and deceptive in violation of the federal trade commission act. 15 u.s.c. 45. the court concluded that, "[w]ith every activity of the [respondent], in the conduct of its business, subject .....

Blackburn Vs. Alabama

Court : US Supreme Court

..... and who has been cut off from the moral support of friends and relatives is not infrequently an effective technique of terror. thus, the range of inquiry in this type of case must be broad, and this court has insisted that the judgment in each instance be based upon consideration of "the totality of ..... certiorari. [ footnote 4 ] thus was the constitutional issue raised, decided, and presented to this court for review. after according all of the deference to the trial judge's decision which is compatible with our duty to determine constitutional questions, [ footnote 5 ] we are unable to escape the conclusion that blackburn's confession can fairly ..... at 297 u. s. 286 -287. just as in brown, the evidence here clearly establishes that the confession most probably was not the product of any meaningful act of volition. therefore, the use of this evidence to convict blackburn transgressed the imperatives of fundamental justice which find their expression in the due process clause of the fourteenth .....

State Vs. Radhamal Sangatmal Sindhi

Court : Mumbai

Reported in : 1960CriLJ1575

..... , therefore, incapable of understanding the nature and substance of the proceedings against him. in view of this finding, it passed an order on 17 3 1959 that the inquiry 3hould proceed against the accused under section 207a read with section 341 of the cr, p. g. thereafter, the prosecution led the necessary evidence against the accused and ..... the accused was deaf, and the high court held that ths9 conviction for murder was justified and that it was not vitiated by the fact that the sessions judge felt himself unable to question the accused with regard to the evidence appearing against her, inasmuch as there had been no miscarriage of justice,4. our attention was ..... of the proceedings against him would not exempt him from punishment if it be shown and found that he had sufficient intelligence to understand the criminal character of his act.6. in our judgment; therefore, as the learned magistrate has found that the accused is deaf and dumb and unable to follow the proceedings against him and .....

Gonzales Vs. United States

Court : US Supreme Court

..... the original report of the federal bureau of investigation as to his claim -- all in violation of the fifth amendment. the trial judge decided that the administrative procedures of the act were fully complied with, and refused to require the production of such documents. petitioner was found guilty and sentenced to 15 months' ..... significance of the department of justice stage of the proceeding, for it directed that every appeal be referred to the department "for inquiry and hearing," and commanded the department, "after appropriate inquiry," to "hold a hearing with respect to the character and good faith of the objections of the person concerned." an adverse recommendation ..... conscientious objectors. as congress has recognized, one of the most fundamental aspects of our national ethic is a recognition of the worth of the person, acting according to the dictates of his own conscience. and thus it is that, even in formulating legislation deemed to be of prime importance to the very .....

United States Vs. Kaiser

Court : US Supreme Court

..... court in this case to bind the commissioner to former relevant rulings, with indifference to the correctness of his present position as an independent matter, the appropriate inquiry is not, "can such and such a principle be drawn from the administrative rulings?" the right question is, "is there any rational basis for the prior ..... unlike the ordinary strike benefit, wholly a benefaction because of need, uninfluenced by the union's self-interest in promoting the success of the strike. the trial judge held that the record precluded the jury's verdict; the court of appeals reinstated that verdict. on the evidence in this case, may the jury's verdict ..... constitute gross income unless excluded by law. . . . " page 363 u. s. 325 ". . . amounts received as pensions or annuities under the social security act or the railroad retirement act are excluded from gross income." 24. rev.rul. 57-383, 1957-2 cum.bull. 44. payments to unemployed workers from union unemployment fund financed through dues. plan .....

Wyatt Vs. United States

Court : US Supreme Court

..... has already fallen victim to his influence that she must also protect him. to make matters turn upon ad hoc inquiries into the actual state of mind of particular women, thereby encumbering mann act trials with a collateral issue of the greatest subtlety, is hardly an acceptable solution. fourth. what we have already ..... . [ footnote 2/2 ] apparently this was the jury's view, since the jurors asked the judge whether it would "make any difference or -- if the woman had anything to do with the instigation or planning . . . ." the judge, of course, instructed then that this would be immaterial, but the jury nevertheless unanimously recommended leniency. ..... and the difficulty of definition and proof of the type of consent which might conceivably be relevant, it is hardly surprising that congress passed the mann act and made consent entirely immaterial under 2422. the testimonial privilege, however, presents questions of quite a different order, since there is a significant interest traditionally .....

Florida Lime and Avocado Growers, Inc. Vs. Jacobsen

Court : US Supreme Court

..... be issued or granted by any justice of the supreme court, or by any district court of the united states, or by any judge thereof, or by any circuit judge acting as district judge, upon the ground of the unconstitutionality of such statute unless the application for the same shall be presented to a justice of the supreme ..... such state in the enforcement or execution of such statute or of an order made by an administrative board or commission acting under state statutes, shall not be granted by any district court or judge thereof upon the ground of the unconstitutionality of such statute unless the application therefor is heard and determined by a ..... claimed that 792 violated the commerce and equal protection clauses of the federal constitution, as well as the federal agricultural marketing agreement act of 1937 and florida avocado order no. 69 issued thereunder. a three-judge district court convened to hear the case dismissed the action, and a direct appeal was taken to this court. held: 1 .....