Court : US Supreme Court
..... ; the former requires a showing that such individuals' ability to compete has been impaired "as compared to others in the same or similar line of business who are not socially disadvantaged," 13 cfr 124.106(a) (l)(i) (1994) (emphasis added), while the latter requires that showing only "as compared to others in the same or similar line of business," 124.106(b)(1). ..... as to whether 8(d) subcontractors must make individualized showings, or instead whether the race-based presumption applies both to social and economic disadvantage, compare 13 cfr 124.106(b) (1994) (apparently requiring 8(d) participants to make an individualized showing), with 48 cfr 19.703(a)(2) (1994) (apparently allowing 8(d) subcontractors to invoke the racebased presumption for social and economic disadvantage). ..... virginia's] citizens"; to prevent "the corruption of blood," "a 273 the divisions in this difficult case should not obscure the court's recognition of the persistence of racial inequality and a majority's acknowledgment of congress' authority to act affirmatively, not only to end discrimination, but also to counteract discrimination's lingering effects. ..... of "congruence" assumes that there is no significant difference between a decision by the congress of the united states to adopt an affirmative-action program and such a decision by a state or a municipality. ..... concurring specially); south florida chapter of associated general contractors of ..... , ohio state university college of law chapter, by michael d. ..... chapter .....
Tag this Judgment!Court : US Supreme Court
..... percent of the 1858 reservation lands are in indian hands, non-indians constitute over two-thirds of the population within the 1858 boundaries, and several municipalities inside those boundaries have been incorporated under south dakota law. ..... previous decisions, this court has recognized that the precise cession and sum certain language contained in the 1894 act plainly indicates diminishment, and a reasonable interpretation of the saving clause does not conflict with a like conclusion ..... the district court declined to enjoin construction of the landfill but granted the tribe a declaratory judgment that the 1894 act did not alter the 1858 reservation boundaries, and consequently that the waste site lies within an indian reservation where ..... is further reinforced by the state's assumption of jurisdiction over the ceded territory almost immediately after the 1894 act, and by the lack of evidence that the tribe has attempted until recently to exercise jurisdiction over nontrust ..... article viii of the 1894 act reserved from sale those surplus lands "as may now be occupied by the united states for agency, ..... 426 (1994) (blackmun ..... in september 1994, the tribe filed suit in the federal district court for the district of south dakota to enjoin construction of the landfill, and the waste district joined south dakota as a third party so ..... , 1 (1994) (held, 355 we have often observed, however, that "the views of a subsequent congress form a hazardous basis for inferring the intent ..... , 56 (1994) (internal .....
Tag this Judgment!Court : US Supreme Court
..... 54 (1924) (collecting cases and observing that "[t]he states may, by statute, enlarge the common law right to arrest without a warrant, and have quite generally done so or authorized municipalities to do so, as for example, an officer may be authorized by statute or ordinance to arrest without a warrant for various misdemeanors and violations of ordinances, other than breaches of the peace, if committed ..... law authority to arrest without a warrant in misdemeanor cases may be enlarged by 344 statute, and this has been done in many of the states"); wilgus, supra, at 705-706 ("statutes and municipal charters have quite generally authorized an officer to arrest for any misdemeanor whether a breach of the peace or not, without a warrant, if committed in the officer's presence. ..... ann. 3-13-2(a)(4)(d) (1999) ("any person in the act of violating the laws of the state or the ordinances of the municipality"); 30-16-16(b) (1994) (for falsely obtaining services or accommodations); 30-16-23 (of any person officer has probable cause to believe has committed the ..... 1978) (duke of york's laws, 1665-1675) ("such as are overtaken with drink, swearing, sabbath breaking, vagrant persons or night walkers"); 3 laws of the commonwealth of pennsylvania 177-183 338 (1810) (1794 act) (persons "profanely curs[ing]," drinking excessively, "cock-fighting," or "play[ing] at cards, dice, billiards, bowls, shuffle-boards, or any game of hazard or address, for money").9 what we have here, then, is just ..... viii .....
Tag this Judgment!Court : US Supreme Court
..... iredell observed that [i]t is not sufficient to urge, that the power may be abused, for, such is the nature of all power such is the tendency of every human institution: and, it might as fairly be said, that the power of taxation, which is only circumscribed by the discretion of the body, in which it is vested, ought not to be granted, because the legislature, disregarding its true objects, might, for visionary and useless projects, impose a tax to the amount of nineteen ..... it began by upholding the lower court s determination that the takings were authorized by chapter 132, the state s municipal development statute. ..... though use of the eminent domain power was sparse at the time of the founding, many states did have so-called mill acts, which authorized the owners of grist mills operated by water power to flood upstream lands with the payment of compensation to the upstream ..... over two centuries ago, just after the bill of rights was ratified, justice chase wrote: an act of the legislature (for i cannot call it a law) contrary to the great first principles of the social compact, cannot be considered a rightful exercise of legislative authority ..... 986 (1984), the court dealt with provisions of the federal insecticide, fungicide, and rodenticide act under which the environmental protection agency could consider the data (including trade secrets) submitted by a prior pesticide applicant in evaluating a subsequent application, so long as the second applicant paid just compensation for the .....
Tag this Judgment!Court : US Supreme Court
..... as for federal law, congress in the federal death penalty act of 1994 expanded the number of federal crimes for which the death penalty is a permissible sentence, including certain nonhomicide offenses; but it did not do the same for child rape or ..... it repeated the phrase an adult woman or an adult female in discussing the act of rape or the victim of rape eight times in its opinion. ..... 13a 11 200 to 13a 11 203, 1181 (1994); alaska stat 1.56.840, 12.63.010 100, 18.65.087, 28.05.048, 33.30.035 (1994, 1995, and 1995 cum. ..... , at 654, to whether the defendant would commit criminal acts of violence that would constitute a continuing threat to society, jurek , supra , at 269-270, 274 276 (joint opinion of stewart, powell, and stevens, ..... ) (whether the defendant would commit criminal acts of violence that would constitute a continuing threat to ..... the court, it will be argued, by the act of addressing the constitutionality of the death penalty, intrudes upon the consensus- ..... 967 , 973 (1994) ( the objectives of these two inquiries can be in some tension, at least when the inquiries occur at the same time ); ..... 501 to 46 23 507 (1994); neb. ..... enacted july 13, 1994); minn. ..... 178d; 1994 mich ..... the defendant acts recklessly, but was not the triggerman and did not intend ..... , 1144 1145 (1994) (blackmun, j ..... 87, 94 (1994) (referencing coker to require capital offenses to be defined by unjustified human death); dingerson, reclaiming the gavel: making sense out of the death penalty debate in state legislatures, 18 n. .....
Tag this Judgment!Court : US Supreme Court
..... , when residents of a city elect their officials, the voting is called a municipal election (true or false), of what political party is the president of the ..... alabama constitution, a general law is a law which in its terms and effect applies either to the whole state, or to one or more municipalities of the state less than the whole in a class. ..... the mandate [of the statute] in the conduct of the 1965 municipal elections and, as in 1961, elected aldermen by wards. id ..... it determined that the baseline against which any change should be measured was the 1985 act s provision requiring special elections, a measure both precleared and put into force or effect with the ..... , that an extraordinary circumstance not present in any past case is operative here, impelling the conclusion that the 1985 act was never in force or effect : the act was challenged in state court at first opportunity, the lone election was held in the shadow of that legal challenge, and the act was ultimately invalidated by the alabama supreme court. ..... not present in any past case is operative here, impelling the conclusion that the 1985 act was never in force or effect : the act was challenged in state court at first opportunity, the lone election was held in the shadow of that legal challenge, and the act was ultimately invalidated by the alabama supreme court. ..... in 1994, mississippi began modifying its registration practices in an attempt to comply with the national voter registration act of 1993, 107 stat. 77, ..... chapter .....
Tag this Judgment!Court : Supreme Court of India
..... distributions made by the respondent-state is violative of article 14 since there is no reasonable classification; (iii) promises of free distribution of non-essential commodities in an election manifesto amounts to electoral bribe under section 123 of the rp act; (iv) the comptroller and auditor general of india has a duty to examine expenditures even before they are deployed; and (v) safeguards must be built into schemes to ensure that the distribution is made for a public purpose and ..... priority should be given to rural areas within the assembly constituency followed by town panchayats, then municipalities and municipal corporations, if any. ..... result of recommendations of the select committee of the parliament on the basis of which the said act was amended by substituting chapter 1 in part vii of the act by act no.27 of 1956. ..... is further pointed out that the state raises funds through taxation which can be used by the state only to discharge ..... holders even to those above the poverty line and (viii) free cattle and sheep ultra vires the provisions of articles 14, 41, 162, 266(3) and 282 of the constitution of india and section 123(1) of the rp act. ..... (viii) since this petition is fit for dismissal dehors the jurisdiction issue, the issue ..... viii) the finalized list should be placed before ..... (viii) the list prepared should also be got verified by the veterinary assistant surgeon and deputy block development officer (adw) with the village administrative officer concerned, with regard to .....
Tag this Judgment!Court : Karnataka
..... . recording of confessions and statements: (1) any metropolitan magistrate or judicial magistrate may, whether or not he has jurisdiction in the case, record any confession or statement made to him in the course of an investigation under this chapter or under any other law for the time being in force, or at any, time afterwards before the commencement of the inquiry or trial: provided that no confession shall be recorded by a police officer on whom any power of a magistrate has ..... , on grounds of religion, race, place of birth, residence, language, caste or community or any other ground whatsoever, disharmony or feelings of enmity, hatred or ill-will between different religious, racial, language or regional groups or castes or communities, or (b) commits any act which is prejudicial to the maintenance of harmony between different religious, racial, language or regional groups or castes or communities, and which disturbs or is likely to disturb the public tranquillity, [or] (c) organizes any exercise, movement, drill or other similar activity ..... . this document merely mentions that the sanction has been given on the basis of a note of the commissioner, municipal corporation which appears to have been placed before the committee ..... . it is held by the apex court in manipur administration v ..... . during 1994, when he had gone to urs at hyderabad, a.1 to a.13 also had come there ..... . in 1994, when he went to nuzvid, he got 28 equipment depot quarterly return copy, which he handed over to mohinuddin .....
Tag this Judgment!Court : Supreme Court of India
..... rohinton nariman countered the assertion that the court must not indulge in taking upon itself the guardianship of changing societal mores by holding thus: part g the very purpose of the fundamental rights chapter in the constitution of india is to withdraw the subject of liberty and dignity of the individual and place such subject beyond the reach of majoritarian governments so that constitutional morality can be applied ..... navtej singh johar v union of india, ( navtej )105 justice indu malhotra emphasized the need for a sound or rational principle underlying a criminal provision: part e section 377 insofar as it criminalises consensual sexual acts between adults in private, is not based on any sound or rational principle further, the phrase carnal intercourse against the order of nature in section 377 as a determining principle in a penal provision, is ..... reconfirmed the origins of adultery or criminal conversation as under: law in 1857, when marriage in england was still a union for life which could be broken only by private act of parliament, there existed side by side under the common three distinct causes of action available to a husband whose rights in his wife were violated by a third party, ..... torcia, wharton's criminal law, section 218, (1994) at page 528 19 part c for criminal conversation was introduced in the late 17th century, which allowed the husband to sue his wife s lover for financial ..... ), vikas publishing house (1994) 122 ibid 123 ibid 60 part g treated as objects .....
Tag this Judgment!Court : Delhi
..... he relies upon the judgments in abc laminart v ap agencies, salem (1989) 2 scc163and ramesh hirachand kundanmal v municipal corporation of greater bombay and others (1992) 2 scc524to cs (os) 27/2019 page 10 of 76 argue that if a necessary party is not impleaded, the suit would ..... murder which relates the death of swami yoganand, the key associate of the petitioner, it is contended by the petitioner that through the said chapter which reads to the effect it has been insinuated against the petitioner that he had something to do with the murder of swami yogananda on account of a falling out between the petitioner and swami yogananda on ..... conspired or abetted or aided or induced, whether by threats or promise or otherwise in the commission of the unlawful act; (b) upon receiving actual knowledge, or on being notified by the appropriate government or its agency that any information, data or communication link residing in or connected to a computer resource controlled by the intermediary is being used to commit the unlawful act, the intermediary fails to expeditiously remove or disable access to that material on that resource without vitiating the evidence in ..... a global injunction order in such circumstances; vii) the publisher of the book has also not been impleaded in the present case and no effective order can be passed in the absence of the publisher; viii) the defendants are intermediaries and cannot be compelled to run foul of the law in jurisdictions such as the u.s. ..... nadu 1994 scc .....
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