Judgment Search Results Home > Cases Phrase: national environment tribunal act 1995 section 18 distribution of business amongst the benches Sorted by: old Page 1 of about 210 results (0.104 seconds)

Fcc Vs. Pottsville Broadcasting Co.

Court : US Supreme Court

..... the technical rules derived from the interrelationship of judicial tribunals forming a hierarchical system are taken out of their environment when mechanically applied to determine the extent to which congressional power, exercised through a delegated agency, can be controlled within the limited scope of "judicial power" conferred by congress under the constitution. ..... 143 or, when their authority is invoked, to control the range of investigation in ascertaining what is to satisfy the requirements of the public interest in relation to the needs of vast regions, and sometimes the whole nation, in the enjoyment of facilities for transportation, communication, and other essential public services. ..... what is in issue is not the relationship of federal courts inter se -- a relationship defined largely by the courts themselves -- but the due observance by courts of the distribution of authority made by congress as between its power to regulate commerce and the reviewing power which it has conferred upon the courts under article iii of the constitution. ..... by this act, congress, in order to protect the national interest involved in the new and far-reaching science of broadcasting, formulated a unified and comprehensive regulatory system for the industry. ..... the history of anglo-american courts and the more or less narrowly defined range of their staple business have determined the basic characteristics of trial procedure, the rules of evidence, and the general principles of appellate review. .....

Screws Vs. United States

Court : US Supreme Court

..... the unstrained significance of the words chosen by congress, the disclosed purpose for which they were chosen and to which they were limited, the always relevant implications of our federal system, especially in the distribution of power and responsibility for the enforcement of the criminal law as between the states and the national government, all converge to make plain what conduct congress outlawed by the act of 1870 and what, impliedly, it did ..... under color of any law, statute, ordinance, regulation, or custom, shall subject, or cause to be subjected, any inhabitant of any state or territory to the deprivation of any right secured or protected by the last preceding section of this act, or to different punishment, pains, or penalties on account of such person being an alien, or by reason of his color or race, than is prescribed for the punishment of citizens, shall be deemed guilty of a misdemeanor, and, on conviction, shall be punished by fine not exceeding one thousand dollars, or imprisonment not ..... has not expressed a contrary purpose, either by the language of its legislation or by anything appearing in the environment out of which its language came. ..... regard for maintaining the delicate balance "between the judicial tribunals of the union and of the states" in page 325 u. ..... was given by the common knowledge of what a "range" was, and, for good measure, he suggested that, under the act, a man would have to know that he was grazing sheep where he had no business to graze them. .....

Elgin, Joliet and Eastern Railway Co. Vs. Burley

Court : US Supreme Court

..... other provisions affecting the general duty to treat are those of section 2 third, that "representatives, for the purposes of this act, shall be designated by the respective parties without interference" by the other and "need not be persons in the employ of the carrier;" of section 2, fourth, that "the majority of any craft or class of employees shall have the right to determine who shall be the representative of the craft or class for the purposes of this act; " and of section 2, eighth, that "every carrier shall notify its employees by printed notices . . . ..... the nature and history of the industry, the experience with unionization of the roads, the concentration of authority on both sides of the industry in negotiating collective agreements, the intimacy of relationship between the leaders of the two parties shaped by a long course of national, or at least regional, negotiations, the intricate technical aspects of these agreements, and the specialized knowledge for which their interpretation and application call, the practical interdependence of seemingly separate collective agreements -- these and similar considerations admonish against mutilating the comprehensive and complicated system governing ..... in passing on the claim for money damages arising out of the yard agreement, any tribunal would have to examine, interpret, and apply the collective agreement precisely as it would if the issue were the duty to observe the agreement in the future. .....

United States Vs. United Mine Workers

Court : US Supreme Court

..... [ footnote 4/10 ] section 3 provides: "provided further, that possession of any plant, mine, or facility shall not be taken under authority of this section after the termination of hostilities in the present war, as proclaimed by the president, or after the termination of the war labor disputes act; and the authority to operate any such plant, mine, or facility under the provisions of this section shall terminate at the end of six months after the termination of such hostilities as so proclaimed. ..... when its power is exerted against the citizen or another in the nation's courts, those tribunals stand not as partisans, but as independent and impartial arbiters to see that the balance between power and right is held even. ..... it was first cited with approval from the bench in 1821, and was not therefore adopted as the common law of england until after the establishment of the american constitution. ..... " his brief, elliptical remark plainly conveyed that the business of the government of the united states is not an "industry, trade, craft, or occupation. ..... whatever persuasiveness it may have in construing a particular statute derives from the subject matter and the terms of the enactment in its total environment. .....

Beauharnais Vs. Illinois

Court : US Supreme Court

..... " "if the prosecuting officers have the authority to select the tribunal, if there be more than one tribunal to select from, if the government has that power, and can drag citizens from distant states to the capital of the nation, there to be tried, then, as judge cooley says, this is a strange result of a revolution where one of the grievances complained of was the assertion of the right to send parties abroad for trial. ..... 250 certiorari to the supreme court of illinois syllabus over his claim that the statute violated the liberty of speech and of the press guaranteed as against the states by the due process clause of the fourteenth amendment and was void for vagueness, petitioner was convicted in a state court for distributing on the streets of chicago anti-negro leaflets in violation of ill.rev.stat. ..... in matters relating to business, finance, industrial and labor conditions, health and the public welfare, great leeway is now granted the legislature, [ footnote 4/4 ] for there is no guarantee in the constitution that the status quo will be preserved against regulation by government. ..... one section of the sedition act of 1798 was close to being a "group libel" act. ..... such consideration might well warrant a conviction here when it would not in another and different environment. ..... " argument in the king's bench in the dean of st. .....

Basti Sugar Mills Co. Ltd. Vs. State of Uttar Pradesh and ors.

Court : Allahabad

Reported in : AIR1954All538; (1954)IILLJ279All

..... the question, however, has to be decided on the language of the section rather than on such general considerations and the language of the section appears to me to indicate that the power given to the government relates to the present and the future.where the dispute is as regards any past period, it is open to the government to have the matter decided either by a board of conciliation or by industrial tribunals under the central act or under clauses (c) and (d) of section 3 of the u. p. ..... to do under section 3 of the act, that the delegation of the legislative powers was without any limitation and was not canalized within specified limits and that the powers conferred by section 3, of the act were capable of being applied by the executive government unreasonably, arbitrarily and capriciously.the question how far the indian legislatures are competent to delegate their legislative powers-to the executive government was considered by the supreme court of india -- 'air 1951 sc 332 (a)', in the light of this decision of their lordships of the supreme court, a full bench of this .....

Baker Vs. Carr

Court : US Supreme Court

..... the duly appointed and acting attorney general of the state of tennessee, with his office in nashville in said state, and is charged with the duty of advising the officers of the state upon the law, and is made by section 23-1107 of the tennessee code annotated a necessary party defendant in any declaratory judgment action where the constitutionality of statutes of the state of tennessee is attacked, and he is ex officio charged, together with the governor and the secretary of state, with the duty of declaring the election results, under section 2-140 of the ..... in the union, and the distinguishing feature of that form is the right of the people to choose their own officers for governmental administration, and pass their own laws in virtue of the legislative power reposed in representative bodies, whose legitimate acts may be said to be those of the people themselves; but, while the people are thus the source of political power, their governments, national and ..... earlier cases dealing with the distribution of political power by a state, that a patent violation of the equal protection clause of the united states constitution has ..... the tennessee state planning commission, concerning the problem of congressional redistricting in 1950, spoke of a "tradition [which] relates to the sense of belonging -- loyalties to groups and items of common interest with friends and fellow citizens of like circumstance, environment ..... not the business of the federal courts to inquire into the personal motives .....

Laird Vs. Tatum

Court : US Supreme Court

..... i agree with judge wilkey, writing for the court of appeals, that this conclusion is compelled for the following reasons stated by him: "[respondents] contend that the present existence of this system of gathering and distributing information, allegedly far beyond the mission requirements of the army, constitutes an impermissible burden on [respondents] and other persons similarly situated which exercises a present inhibiting effect on their full expression ..... the national security act of 1947, amended by 5 of the act ..... the clock to telephone conversations and conversations in my home, they analyze recording tapes and all correspondence, and then collect and compare all these data in some vast premises -- and these people are not underlings -- you cannot but be amazed that so many idlers in the prime of life and strength, who could be better occupied with productive work for the benefit of the fatherland, are busy ..... the secretaries of the army, navy, and air force and the federal security administrator shall take such steps as they deem necessary to suppress and prevent such violations thereof, and shall accept the cooperation of the authorities of states and their counties, districts, and other political subdivisions in carrying out the purpose of this section ..... nevertheless, in that environment, our founding fathers conceived a constitution and bill ..... the armed forces, we have held that an offense must be "service-connected" to be tried by court-martial rather than by a civilian tribunal .....

S.S. JaIn Sabha (of Rawalpindi), Delhi and ors. Vs. Union of India and ...

Court : Delhi

Reported in : ILR1976Delhi61

..... the same reasons, the related provisions in section 17(1) and rules 123(xi), 173 and 174 are also valid, penalties :(34) sub-sections (a) and (b) of section 27 of the act make a manager liable to be punished with imprisonment and also fine for failure to comply with orders made by the school tribunal or for contravention of section ..... promote among them all fraternity assuring the dignity of the individual and the unit of the' nation, (b) to secure the objects embodied in articles 41, 45 and 46 of the constitution, (e) provision of facilities for instruction in mothertongue at primary stage as required by article 350a but also emphasising the duty of the union of india to promote i the spread of hindi language, to develop it so that it may serve as a medium of expression for all the elements of the composite culture of india and to secure ..... in that precise environment the state will have the right to make such laws which may regulate the administration of the institutions so as to ensure that it is in consonance with the intendment contained in article ..... the supreme court at page 848 of the sidhajbhai (6) decision, 'nor is the right of the petitioners to prec-tice any profession, or to carry on any occupation, trade or business guaranteed under article 19(1)(g) of the constitution infringed by the ..... 496(17), the majority of the constitution bench went so far as to hold that even a dissenting member of the religious denomination can be excommunicated by the religious denomination for .....

The Bar Council of Maharashtra Vs. M.V. Dabholkar and ors.

Court : Supreme Court of India

Reported in : AIR1976SC242; (1976)2SCC291; [1976]2SCR48

..... what this tribunal forgot was that the legal profession in india has been with us even before the british and coming to decades of this century, the provisions of section 35 of the advocates act, section 10 of the bar councils act and other enactments regulating the conduct of legal practitioners have not turned on the splitting up of the text of any rule but on the broad canons of ethics and high tone of behavior well established by case-law and long accepted by the soul of the bar. ..... if these charges were true, any member of the bar with elementary ethics in his bosom would be outraged at his brethren's conduct and yet, in reversal of the state disciplinary committee's finding, the appellate tribunal at the national level appears to have entered a verdict, based on three-point formula, that this conduct, even if true, was, after all, an attempt to solicit practice and did not cross the borderline of misconduct. ..... apparently he is in penurious environs and stays in the refugee colony in bombay, incidentally attending to his claims to the properties left behind in pakistan and acquiring some evacuee property in lieu of what he has lost. ..... lest there should be lingering doubts, we hold that the canons of ethics and propriety for the legal profession totally taboo conduct by way of soliciting, advertising, scrambling and other obnoxious practices, subtle or clumsy, for betterment of legal business. ..... for, after all, do we not all together belong to the 'inner republic of bench and bar'? .....