Court : US Supreme Court
Decided on : Jan-11-1978
Pfizer Inc. v. Government of India - 434 U.S. 308 (1978) U.S. Supreme Court Pfizer Inc. v. Government of India, 434 U.S. 308 (1978) Pfizer Inc. v. Government of India No. 76-749 Argued November 1, 1977 Decided January 11, 1978 434 U.S. 308 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT Syllabus A foreign nation otherwise entitled to sue in the courts of this country held to be a "person" within the meaning of 4 of the Clayton Act, and thus to be entitled to sue for treble damages under the federal antitrust laws to the same extent as any other plaintiff. Pp. 434 U. S. 311 -320. (a) Though no statutory provision or legislative history clearly covers the question whether a foreign nation is a "person" as the word is used in 4 (which gives "any person" injured by antitrust violations the right to sue in district courts), Congress intended the word to have a broad and inclusive meaning, and in light of the antitrust laws' expansive remedial purpo...
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-25-1978
Reported in : AIR1978SC597; (1978)1SCC248; [1978]2SCR621
..... stated in the affidavit in reply that the minister for external affairs applied his mind to the relevant material and also to the confidential information received from the intelligence sources that there was likelihood of the petitioner attempting to leave the country and then only ..... exactly is the law that has been laid down in bank nationalisation case, it is necessary to closely examine the decision particularly from pages 570 to 578 of 1970(3) scr. after holding that:impairment of the right of the individual and not the object of the state ..... and phariscic prescriptions, regardless of essential standards an enacted apperition is a constitutional, illusion: processual justice is writ patently on article 21. it' is too grave to be circumvented by a black letter ritual processed through ..... to high risk. we cannot over-stretch free' speech to make it an inextricable component of travel.144. thomas emerson has summed the american law which rings a bell even in the indian system :th ..... impounded passport to the petitioner. i also think that the petitioner is entitled to her costs.chandrachud, j.39. the petitioner's passport dated june 1, 1976 having been impounded 'in public interest' by ..... section 10(3)(c) of the act on the ground that (a) it is in the public interest that smt. maneka gandhi should be able to give evidence before the commission of inquiry and, (b) that smt. maneka gandhi should have an opportunity to present her views before the commission of inquiry and according to a report .....
Tag this Judgment!Court : Karnataka
Decided on : Feb-03-1978
Reported in : AIR1978Kant148; ILR1978KAR605; 1978(1)KarLJ302
K. Jagannatha Shetty, J.1. These writ petitions challenge the constitutional validity of Section 14-A of the Karnataka Co-operative Societies Act, 1959 (hereinafter referred to as 'the Act') and the legality of the orders made thereunder whereby the Deputy Registrars of different districts have directed the amalgamation of co-operative societies of more than eight hundred. Almost all the affected societies have approached this Court with similar contentions. For the present disposal, however, we have taken only a few of those writ petitions. 2. The petitioners in most of the writ petitions' are the amalgamating co-operative societies. But in some, the members of such societies have also joined as petitioners. The orders which they attack are all stereotyped. They provide for compulsory amalgamation of co-operative societies which are primary credit societies. It was uniformly stated that the amalgamation was found to be necessary in public interest and to secure the proper management o...
Tag this Judgment!Court : Supreme Court of India
Decided on : Feb-21-1978
Reported in : AIR1978SC1296; 1978CriLJ1281a; (1978)3SCC459; [1978]3SCR293
ORDERNew Delhi, the 30th September, 1977. S. O. WHEREAS the Central Government is of opinion that it is necessary and expedient so to do for securing equitable distribution and availability at fair prices, of mustard oil; NOW, THEREFORE, in exercise of the powers conferred by Section 3 of the Essential Commodities Act, 1955 (10 of 1955), the Central Government hereby makes the following orders namely; 1. Short title, extent and commencement. --(1) This order may be called the Mustard Oil (Price Control) Order, 1977.(2) It extends to the whole of India.(3) It shall come into force at once.2. Definition:--In this Order, 'dealer' means a person engaged in the business of the purchase, sale or storage for sale of mustard oil.3. Price at which a dealer may sell. No dealer shall, either by himself or by any person on his behalf, sell or offer to sell any mustard oil at a retail price exceeding Rupees 10/- per kilogram, exclusive of the cost of container but inclusive of taxes.Sd/- (T. Balakr...
Tag this Judgment!Court : Gujarat
Decided on : Feb-22-1978
Reported in : (1979)1GLR71
B.K. Mehta, J.1. The following three substantial questions of law as formulated by this Court arise in this Second Appeal:(1) Whether on the facts and in the circumstances of the case, the suit instituted by the respondent was liable to be dismissed, so far as the claim made by the amended plaint was concerned, for want of notice under Section 80 of the Code of Civil Procedure?(2) Whether the lower Appellate Court was right in law in holding that the order dated August 28, 1968, Ex. 77, made by and in the name of the President by the Under Secretary to the Government of India, was not shown to have been made on valid authority?(3) Whether on the facts and in the circumstances of the case, the lower Appellate Court was right in law in holding that the order, Ex. 77, was void being in violation of the rules of natural justice?2. In order to appreciate the issues raised in the above questions, it would be profitable to advert shortly to a few facts which have ultimately resulted in this s...
Tag this Judgment!Court : US Supreme Court
Decided on : Mar-01-1978
Board of Curators, Univ. of Missouri v. Horowitz - 435 U.S. 78 (1978) U.S. Supreme Court Board of Curators, Univ. of Missouri v. Horowitz, 435 U.S. 78 (1978) Board of Curators of the University of Missouri v. Horowitz No. 76-695 Argued November 7, 1977 Decided March 1, 1978 435 U.S. 78 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT Syllabus The academic performance of students at the University of Missouri-Kansas City Medical School is periodically assessed by the Council of Evaluation, a faculty-student body that can recommend various actions, including probation and dismissal; its recommendations are reviewed by the faculty Coordinating Committee, with ultimate approval by the Dean. After several faculty members had expressed dissatisfaction with the clinical performance of respondent medical student during a pediatrics rotation, the Council recommended that she be advanced to her final year on a probationary basis. Following further faculty dissa...
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-01-1978
Reported in : AIR1978SC992; [1978(36)FLR366]; 1978LabIC702; (1978)ILLJ558SC; (1978)2SCC667; [1978]3SCR439; 1978(10)LC257(SC)
1. This appeal by special leave is directed against the judgment and order dated September 18, 1970 of the High Court of Assam and Nagaland passed in Civil Rule No. 236 of 1967 filed by the present appellant.2. The facts giving rise to this appeal are : Shri Naresh Kumar Ganguli, respondent No. 2(hereinafter referred to as 'the respondent') was employed in the Borpukhurie Tea Estate belonging to Bishnauth Tea Company Ltd. (which is engaged in the cultivation and manufacture of tea and employs a large number of workmen of various categories to carry on its business) as a 2nd Clerk and was recognised as a 'Protected Workman' within the meaning of Section 33(3) of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act'). On September 11, 1966, the Company's cheque No. 53 which allegedly bore the forged signatures of the Manager of the Borpukhurie Tea Estate was encashed from a local banker. On enquiry, Mansid Munda the factory chowkidar stated that the cheque was cashed un...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-07-1978
Reported in : [1978]42STC276(AP)
Sambasiva Rao, J.1. The Government of Andhra Pradesh promulgated an Ordinance, Ordinance No. 2 of 1978, amending certain provisions of the Andhra Pradesh General Sales Tax Act, 1957. The present writ petition is filed challenging the said Ordinance to the extent that it amends item 26 of the First Schedule of the A. P. G. S. T. Act. It is stated that in so far as item 26 is concerned the amendment is unconstitutional as it operates in a denial of equality before law.2. Before the amendment, item 26 stood as hereunder :______________________________________________________________Description of Point of levy Rate of taxthe goods______________________________________________________________(1) (2) (3)______________________________________________________________26. All liquors other At the point 25 paise in thethan country liquor. of first sale rupee.in the State._____________________________________________________________By virtue of Clause 6(1) of the Ordinance, the said item26 is ame...
Tag this Judgment!Court : Karnataka
Decided on : Mar-13-1978
Reported in : [1979]116ITR231(KAR); [1979]116ITR231(Karn)
Venkataramaiah, J.1. At the instance of the assessee the Income-tax Appellate Tribunal, Bangalore Bench, has referred the following two questions for the opinion of this court under s. 256(1) of the Income-tax Act, 1961 (hereinafter referred to as 'the Act') : '(i) Whether, on the facts and in the circumstances of the case and on a proper interpretation of the two agreements dated 27th December, 1966, and 12th October, 1967, the Tribunal was right in holding that the payments of Rs. 1,95,300 were not for designs and blue-prints as such but for diverse considerations (ii) If the answer to the first question is in the negative, whether on the facts and in the circumstances of the case, the designs and blue-prints constituted plant for purpose of allowance of depreciation under the I.T. Act, 1961 ?' 2. The assessee is a company in which the public are not substantially interested. It was incorporated on June 12, 1967. One Mr. M. S. Nagappa is its managing director. Prior to the incorpora...
Tag this Judgment!Court : Allahabad
Decided on : Mar-14-1978
Reported in : AIR1978All255
J.M.L. Sinha, J.1. This is a defendant'ssecond appeal arising out of the judgment and decree dated 13th October, 1976 passed by the Additional District Judge, Dehra Dun.2. The facts giving rise to this appeal can briefly be stated as under ;Smt. Gurbachan Kaur and Sardar Swaran Singh, 'hereinafter called the appellant and the respondent respectively, were married on 2nd of October, 1973. Some differences having arisen between them, the respondent filed a suit under Section 12 of the Hindu Marriage Act for a declaration that his marriage with the appellant was null and void. It was alleged in the plaint that on 14th of October, 1973, when the appellant was found profusely bleeding from her private part, she was shown to a lady doctor and it was then discovered that the appellant was already having pregnancy with a treat of miscarriage. On being questioned the appellant confessed that she was quick with child and had taken medicine to get rid of the pre-gancy. The respondent, it is alleg...
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