Court : US Supreme Court
..... 49 u. s. c. 10901, 10903, 10922 (1988 ed. and supp. v), that "the public convenience and necessity require the continuance and improvement" of railroad passenger service. rail passenger service act of 1970 (rpsa), 101, 84 stat. 1328 (emphasis added). in the current version of the rpsa, 45 u. s. c. 501 et seq ..... . rogers, and louis r. cohen. * justice scalia delivered the opinion of the court. in this case we consider whether actions of the national railroad passenger corporation, commonly known as amtrak, are subject to the constraints of the constitution. i petitioner, michael a. lebron, creates billboard displays that involve commentary on ..... 1994-decided february 21, 1995 petitioner lebron, who creates billboard displays that comment on public issues, filed suit claiming, inter alia, that respondent national railroad passenger corporation (amtrak) had violated his first amendment rights by rejecting a display for an amtrak billboard because of its political nature. the district court ruled .....
Tag this Judgment!Court : Supreme Court of India
..... . hansoli devi,16 a bench of two judges of this court differed with a three-judge bench in matter pertaining to the interpretation of the land acquisition act 1894 and referred the matter to a constitution bench. the constitution bench observed that the reference made by the two-judge bench was improper . ..... with the arbitration agreement. the basis for the jurisdictional competence of an arbitral tribunal can be evinced from the following observation of lord hoffman in fili shipping company limited (supra): in my opinion the construction of an arbitration clause should start from the assumption that the parties, as rational businessmen, are likely ..... the validity, existence, or effectiveness of the underlying contract are within the substantive jurisdiction of the arbitral tribunal.9698. in premium nafta products limited v. fili shipping co. ltd.,97 the house of lords further explained the separability presumption in section 7 of the uk arbitration act. in that case, the issue was .....
Tag this Judgment!Court : Karnataka
..... m.s. building, bangalore-560 001.2. bangalore development authority, represented by its commissioner, t. chowdaiah road, (sankey tanki road), bangalore.3. land acquisition officer, bangalore development authority, t. chowdaiah road, (sankey tanki road), bangalore. respondents76(by shri. d. nagaraj, additional government advocate for respondent no.1 ..... urban development, m.s.building, bangalore 560 001. bangalore development authority, represented by its commissioner, t. chowdaiah road, (sankey tanki road) bangalore. land acquisition officer, 49 respondents bangalore development authority, t. chowdaiah road, (sankey tanki road), bangalore. (by shri. d. nagaraj, additional government advocate for respondent ..... sudhakar hegde, aged about 45 years, in w.p.no.4550 of2008between:1. 2. both are residing at no.948, 6th cross, asha town ship, bilishivale village, dodda gubbi (post), bangalore 560 049. petitioners3(by shri. padmanabha v mahale, senior advocate for shri. hareesh bhandary .t, advocate) .....
Tag this Judgment!Court : Supreme Court of India
..... provision of aerodromes; regulation and organisation of air traffic and of aerodromes. lighthouses, including lightships, beacons and other provisions for the safety of shipping and aircraft. carriage of passengers and goods by sea or by air. extension of the powers and jurisdiction of members of the police force belonging to any unit to ..... without modifications while entries 36 (factories), 40 (archaeological sites and remains other than those declared by or under law made by parliament) and 42 (acquisition and requisitioning of property) were applied with modifications.456. on 1 may 1974 as a result of co97 the exceptions and modifications which were made to ..... part e conferring on such permanent residents any special rights and privileges or imposing upon other persons any restrictions as respects- employment under the state government; acquisition of immovable property in the state; settlement in the state; or right to scholarships and such other forms of aid as the state government may .....
Tag this Judgment!Court : Supreme Court of India
..... as the judiciary is concerned and his/her opinion (obtained collectively and unanimously) should be accepted rather than the opinion of someone who is a passenger (though an important one) in the ship. dr. ambedkar was of the confirmed view that the judiciary should be independent and impartial and if the chief justice of india does not have ..... jobs or positions of importance akin to spoil system have been held by this court to be in violation of the constitution. policies of the state for arbitrary acquisition of land or in violation of environmental laws have been struck down by this court. dissolution of state assemblies and dismissal of state governments have also been ..... first amendment) act was challenged on the ground that it damages the basic structure of the constitution. the said article made a declaration that no law providing for acquisition by the state of any estate or of any rights therein etc. shall be deemed to be void on the ground that such law violated articles 14, 19 .....
Tag this Judgment!Court : Supreme Court of India
..... , than by imposition of tax for otherwise article 265 would become wholly redundant. the court declared that the constitution had treated taxation as distinct from compulsory acquisition of property and has made independent provisions giving protection against taxation.94. then came kunnathat thathunni moopil nair v. the state of kerala & anr., air1961sc552 ..... on transporters plying motor vehicles between delhi and jammu and kashmir. the transporters would use national highway, pass through haryana, without picking up or setting down passengers in the state. since, the responsibility to construct and maintain the highways is with the national highways authority of india, it was contended by the ..... when the chattel subjected to the use tax is bought in another state and then carried into washington. it exists when the imported chattel is shipped from the state of origin under an order received directly from the state of destination. in each situation the burden borne by the owner is balanced .....
Tag this Judgment!Court : Supreme Court of India
..... compensation and make adequate provisions for rehabilitation and resettlement mechanism for the affected persons and their families. the bill thus provides for repealing and replacing the land acquisition act, la with broad provisions for adequate rehabilitation and resettlement mechanism for the project affected persons and their families.6. provision of public facilities or infrastructure ..... do not suggest the same. on the contrary, the decisions of this court operating in the field beginning from shetty s constructions co. (p) ltd. v. konkan rly. construction, (1998) 5 scc599are ad idem to the effect that section 21 must be taken recourse to for the purpose of interpretation of section 85(2)(a ..... impossibility of performance is a good excuse. thus in a case in which 204 2002 (5) scc54271 consignees of a cargo were prevented from unloading a ship promptly by reason of a dock strike, the court, after holding that in the absence of an express agreement to unload in a specified time there was .....
Tag this Judgment!Court : Supreme Court of India
..... gap left" and appoint an arbitrator for expeditious constitution and commencement of arbitration proceedings.44. the seven judges of this court in sbp (supra) overturned the decision in konkan railways (ii) (supra). it was held therein that deciding an application for appointment is an exercise of judicial power, as opposed to an administrative power and that the ..... stamp act, s. 93, which provides: a contract for sea insurance (other than such insurance as is referred to, in the fifty-fifth section of the merchant shipping act, amendment act, 1862) shall not be valid unless the same is expressed in a policy of sea insurance 56 board of revenue v n. narasimhan air1961mad 504; ..... instrument for the sale, transfer or other disposition, either absolutely or by way of mortgage or otherwise, of any ship or vessel, or any part, interest, share or property of or in any ship or vessel registered under the merchant shipping act 1894, act no.57 & 58 vict. c. 60 or under act xix of 1838 act no.or .....
Tag this Judgment!Court : US Supreme Court
..... ]or all the great purposes for which the federal government was formed, we are one people, with one common country.'" shapiro v. thompson, 394 u. s. 618 , 630 (1969) (quoting passenger cases, 7 how. 283, 492 (1849) (taney, c. j., dissenting); see crandall v. nevada, 6 wall. 35, 43 (1868) ("the people of these united states constitute one nation" and "have .....
Tag this Judgment!Court : US Supreme Court
..... (1988), quoting lugar v. edmondson oil co., 457 u. s. 922 , 936-937 (1982). it is "unnecessary to traverse that difficult terrain in the present case," lebron v. national railroad passenger corporation, 513 u. s. 374 , 378 (1995), because 5 of the voting rights act does not reach all entities or individuals who might be considered the state for constitutional purposes .....
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