Judgment Search Results Home > Cases Phrase: leeman s acts Court: us supreme court Page 4 of about 13,019 results (0.154 seconds)

Hallstrom Vs. Tillamook County

Court : US Supreme Court

..... it is not irrational to require a citizen to wait 60 days to commence suit after agencies and alleged violators have specifically declined to act in response to notice by the citizen, since a violator or agency may change its mind as the threat of suit becomes imminent. ..... bristol commissioners, 754 f.2d 504, 506 (ca3 1985) (construing the notice provisions in the clean water act and rcra), or if the district court stayed the proceedings for 60 days, see pymatuning water shed citizens for ..... petitioners contend that, if a citizen notified government agencies of a violation, and the agencies explicitly declined to act, it would be pointless to require the citizen to wait 60 days to commence suit. ..... gives the alleged violator 'an opportunity to bring itself into complete compliance with the act, and thus likewise render unnecessary a citizen suit. ..... gives the alleged violator "an opportunity to bring itself into complete compliance with the act, and thus likewise render unnecessary a citizen suit. ..... this language is expressly incorporated by reference into 6972(a), it acts as a specific limitation on a citizen's right to bring ..... to 60 days after notice are "prohibited" under 6972(b), and, because this language is expressly incorporated by reference into 6972(a), it acts as a specific limitation on a citizen's right to bring suit. pp. ..... person to commence a civil action against an alleged violator of waste disposal regulations promulgated under the act, "[except] as provided in subsection (b). .....

Rita Devi @ Rita Gupta W/O Late Shashi Bhushan Kumar Vs. National Insu ...

Court : Supreme Court of India

..... if the applicability clause in the mou is to be given a literal interpretation and the distinction between accidental result and accidental means is to be maintained, i come to the unescapable conclusion that the act of threatening by the armed miscreants was plainly covered by the expression 'external violent and any other visible means' and the deceased encountering those threats while he had gone to relieve himself was clearly ..... labour dispute is not limited to physical conduct or injury, but may include picketing conducted with misleading signs, false statements, erroneous publicity, and veiled threats by words and acts.if in labour disputes the expression violence may include veiled threats by words and acts, i see no reason why plain and open threats by armed miscreants may not come within the meaning of the word 'violent'.next the word 'visible' is defined ..... (1971) 2 qb 554, where a person intending to scare another with a gun shot him; held not accident), and cases where the cause (such as excessive drinking) although a deliberate act, led to the taking of a risk (such as dangerous driving) which was not deliberate and not appreciated but which was nevertheless the immediate cause of the event chief constable of west midlands ..... of the court rejected the claim and held that the claimant must demonstrate something unforeseen or unexpected in the act itself : "for here the carefully chosen words defining liability distinct between the result and external means which produces .....

Ludwig Vs. Massachusetts

Court : US Supreme Court

..... 570 (196), where the court held unconstitutional a provision of the federal kidnaping act that permitted the death penalty to be imposed only if recommended by a jury. ..... the jury, it was observed, acts as " an inestimable safeguard against the corrupt or overzealous prosecutor and against the compliant, biased, or eccentric judge. .....

Bush Vs. Gore

Court : US Supreme Court

..... in deferring to state courts on matters of state law, we appropriately recognize that this court acts as an "'outside[rj' lacking the common exposure to local law which comes from sitting in ..... warnings against premature adjudication of constitutional questions bear heightened attention when a federal court is asked to invalidate a state's law, for the federal tribunal risks friction-generating error when it endeavors to construe a novel state act not yet reviewed by the state's highest 1 see also lucas v. ..... the same time, as i have said, the court is not acting to vindicate a fundamental constitutional principle, such as the need to ..... bush does not, of course, claim that any judicial act interpreting a statute of uncertain meaning is enough to displace the legislative provision and violate article ii; statutes require interpretation, which does not without more affect the legislative char- 131 acter of ..... article i, 4, and article ii, 1, both call upon legislatures to act in a lawmaking capacity whereas article v simply calls on the legislative body ..... the member of congress who introduced the act added: "the power to judge of the legality of the votes is a necessary ..... next interpreted "rejection" to determine what act in the counting process may be attacked ..... a federal statute, the electoral count act, enacted 154 after the close 1876 hayes-tilden presidential election, specifies that, after states have tried to resolve disputes (through "judicial" or other means), congress is the body .....

Junior Telecom Officers Forum and Others Vs. Union of India and Others

Court : Supreme Court of India

Reported in : AIR1993SC787; JT1992(5)SC525; (1993)IILLJ856SC; 1992(2)SCALE605; 1993Supp(4)SCC693; [1992]Supp1SCR764; (1993)1UPLBEC333

..... the applicants also contended that in any case the allahabad high court judgment could not act as a precedent over subsequent events which followed including coming into effect of 1966 rules and various memorandum pursuant thereto, the 1981 rules and amendments thereto as also complete breakdown of rule insofar as mandatory provision of ..... on the facts and circumstances of the case as before the allahabad high court, and not ratio decidendi and hence is not a judgment binding under article 141 of the constitution of india and is neither a precedent nor acts as resjudicaia to even fresh action by adversely affected persons/petitioners. .....

Harrison Vs. Vose

Court : US Supreme Court

..... beside these analogies, showing the restricted meaning attached to the word "arrival" in several laws connected with navigation, the latter clause of this very act of 1803 contains a provision on this subject, which indicates clearly the design that the arrival must be one so long, and with such a purpose, as ..... the arrival here spoken of means an arrival for purposes of business, requiring an entry and clearance and stay at the port so long as to require some of the acts connected with business, and not merely touching at a port for advices, or to ascertain the state of the market, or being driven in by an adverse wind and ..... be construed according to the subject matter -- to the object of the provision and the expressions in other sections of this act and in other like acts, and that, according to all these, a vessel putting into a foreign port to get information, and getting it without going at all to the upper harbor or wharfs, and not entering, or repairing, or ..... arrival for purposes of business -- to an entry and clearance, and to a stay there so long as to require some of the acts connected with it, and to need or permit the interference of the agent of their country in some of his appropriate page 50 u. ..... an arrival for business, and to remain long enough to make an entry and clearance proper, then the respondent does not appear to have violated the spirit of the act of congress, though in other senses of the word his vessel had arrived temporarily at the port of kingston. .....

Mississippi Vs. Johnson

Court : US Supreme Court

..... well known salutary principle in governments, the observance of which can alone preserve them, by making the civil power subordinate to the military power, and thus establish a military rule over the states enumerated in the act, and make a precedent by which the government of the united states may be converted into a military despotism in which every man may be deprived of his goods, lands, liberty, and life, by the ..... hand, the president complies with the order of the court and refuses to execute the acts of congress, is it not clear that a collision may occur between the executive ..... that this court would, in any case, interpose by injunction to prevent the execution of an unconstitutional act of congress, it can hardly be doubted that applications with that object would have been heretofore ..... it provided further that, on the formation of new constitutions and certain conditions which the act prescribed, the states respectively should be declared entitled to representation in congress, and the preceding part of the act become inoperative, and that, until they were so admitted, any civil governments which might exist in them should be deemed provisional only, and subject to the paramount authority ..... on the broader issues discussed in argument whether, in any case, the president of the united states may be required, by the process of this court, to perform a purely ministerial act under a positive law, or may be held amenable, in any case otherwise than by impeachment for crime .....

E H Emery and Co. Vs. American Refrigerator Transit Co

Court : US Supreme Court

..... the damage as agent for the missouri, kansas & texas road by furnishing cars with insufficient tanks, employing inexperienced men and defectively stowing and failing to ice the peaches, and that these acts 'constituted misfeasance on the part of defendant of the duties it owed to its principal the missouri, kansas & texas railway company of texas, and to the public at large. ..... in no aspect can it be maintained that any count attempts to allege a primary liability of the defendant under the act to regulate commerce otherwise than as carrier and if sued as a carrie it cannot remove because the amount in controversy is ..... the original petition sought to charge both, as common carriers, under the interstate commerce acts for damage to peaches caused by their being improperly stowed, handled and iced, amounting to less than ..... 278, prohibiting the removal from state courts of suits, under section 20 of the act to regulate commerce, against common carriers for injury to property, where the matter in controversy does not exceed $3, 000, is met by the fact that the substituted petition does not charge the defendant as a common ..... assumption the jurisdiction is maintained on the argument that the plaintiff seeks to impose liability upon the defendant through the provisions of the interstate commerce act, the governing tariffs and an interstate bill of page 240 u.s. ..... is not disposed of by what we have said, then it states no duty under the act to regulate commerce, but only one at common law. .....

United States Vs. Monia

Court : US Supreme Court

..... , a restrictive declaration regarding the scope of the immunity provision in order to prevent other courts from following the latitudinarian misconception of judge humphrey, the president and the congress, both acting upon the advice of one of the ablest of attorneys general, were unwittingly betrayed into introducing a new gratuity for witnesses under duty to respond to a subpoena by giving an amnesty in ..... appear as witnesses in proceedings to enforce the motor carrier act of august 9, 1935, it is hard to understand why it should give such immunity only to those who, after asserting their privilege, were pressed to give evidence in proceedings to enforce the federal power act of august 26, 1935, and in proceedings to enforce the public utility holding company act which became law the same day, and again should ..... of the amendment permits a refusal to answer," he also stated, quite incorrectly and without any warrant in the language, legislative history, or policy of the act, that the statute "wipes out the offense about which the witness might have refused to answer ..... district of illinois syllabus one who, in obedience to a subpoena, appears before a grand jury inquiring into an alleged violation of the sherman act, and gives testimony under oath substantially touching the alleged offense, obtains immunity from prosecution for that offense, pursuant to the terms of the sherman act, as amended, although he does not claim his privilege against self-incrimination. p. 317 u. s .....

Michelson Vs. United States

Court : US Supreme Court

..... " [ footnote 4 ] footnote 8 to that court's opinion reads as follows: "wigmore, evidence (3d ed.1940) 988, after noting that 'such inquiries are almost universally admitted' not as 'impeachment by extrinsic testimony of particular acts of misconduct,' but as means of testing the character 'witness' grounds of knowledge,' continues with these comments:" " but the serious objection to them is that practically, the above distinction -- between rumors of such conduct, as affecting reputation, ..... the state may not show defendant's prior trouble with the law, specific criminal acts, or ill name among his neighbors, even though such facts might logically be persuasive that he is by propensity a probable perpetrator of the ..... it is part and parcel of our scheme which forbids conviction for other than specific acts criminal in character and which, in their trial, casts over the defendant the presumption of innocence until he is proved guilty beyond all reasonable ..... our whole tradition is that a man can be punished by criminal sanctions only for specific acts defined beforehand to be criminal, not for general misconduct or bearing a reputation for such ..... that showing, it not only is anomalous, it is highly unjust, to exact, as the price for his doing so, throwing open to the prosecution the opportunity not only to rebut his proof, but to call in question almost any specific act of his life, or to insinuate, without proving, that he has committed other acts, leaving him no chance to reply. .....