Court : US Supreme Court
Decided on : Feb-22-1977
Whalen v. Roe - 429 U.S. 589 (1977) U.S. Supreme Court Whalen v. Roe, 429 U.S. 589 (1977) Whalen v. Roe No. 75-839 Argued October 13, 1976 Decided February 22, 1977 429 U.S. 589 APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK Syllabus Responding to a concern that drugs were being diverted into unlawful channels, the New York Legislature, in 1972, enacted a statutory scheme to correct defects in the previous law. The 1972 statute classifies potentially harmful drugs and provides that prescriptions for the category embracing the most dangerous legitimate drugs (Schedule II) be prepared on an official form. One copy of the form, which requires identification of the prescribing physician, dispensing pharmacy, drug and dosage, and the patient's name, address, and age, must be filed with the State Health Department, where pertinent data are recorded on tapes for computer processing. All forms are retained for a five-year period under a system to...
Tag this Judgment!Court : US Supreme Court
Decided on : Apr-04-1977
Rosebud Sioux Tribe v. Kneip - 430 U.S. 584 (1977) U.S. Supreme Court Rosebud Sioux Tribe v. Kneip, 430 U.S. 584 (1977) Rosebud Sioux Tribe v. Kneip No. 75-562 Argued January 12, 1977 Decided April 4, 1977 430 U.S. 584 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT Syllabus Both the language and legislative history of the Acts of 1904, 1907, and 1910, whereby land in certain counties in South Dakota located within the boundaries of the Rosebud Sioux Reservation as defined in an 1889 Treaty was required to be ceded by the Reservation Indians to the Government for sale to settlers under the homestead and townsite laws with the proceeds to be credited to the Indians only as received or, with respect to certain parcels, for transfer to South Dakota for school use, held clearly to evidence a congressional intent to diminish the boundaries of the Reservation. Although such Acts were unilateral Acts of Congress without the consent of three-fourths of the...
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-28-1977
Zacchini v. Scripps-Howard Broadcasting Co. - 433 U.S. 562 (1977) U.S. Supreme Court Zacchini v. Scripps-Howard Broadcasting Co., 433 U.S. 562 (1977) Zacchini v. Scripps-Howard Broadcasting Co. No. 76-577 Argued April 25, 1977 Decided June 28, 1977 433 U.S. 562 CERTIORARI TO THE SUPREME COURT OF OHIO Syllabus Petitioner's 15-second "human cannonball" act, in which he is shot from a cannon into a net some 200 feet away, was, without his consent, videotaped in its entirety at a county fair in Ohio by a reporter for respondent broadcasting company and shown on a television news program later the same day. Petitioner then brought a damages action in state court against respondent, alleging an "unlawful appropriation" of his "professional property." The trial court's summary judgment for respondent was reversed by the Ohio Court of Appeals on the ground that the complaint stated a cause of action. The Ohio Supreme Court, while recognizing that petitioner had a cause of action und...
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-29-1977
Vendo Co. v. Lektro-Vend Corp. - 433 U.S. 623 (1977) U.S. Supreme Court Vendo Co. v. Lektro-Vend Corp., 433 U.S. 623 (1977) Vendo Co. v. Lektro-Vend Corp. No. 76-156 Argued January 19, 1977 Decided June 29, 1977 433 U.S. 623 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT Syllabus Petitioner vending machine manufacturer acquired most of the assets of another vending machine manufacturing company controlled by respondent Stoner and his family. As part of the acquisition agreement, the latter company undertook to refrain from owning or managing any business engaged in the manufacture or sale of vending machines, and respondent Stoner, who was employed by petitioner as a consultant under a 5-year contract, agreed not to compete with petitioner in the manufacture of such machines during the term of his contract and for five years thereafter. Subsequently, petitioner sued respondents (Stoner, the company which he and his family controlled, and another co...
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-20-1977
Beal v. Doe - 432 U.S. 438 (1977) U.S. Supreme Court Beal v. Doe, 432 U.S. 438 (1977) Beal v. Doe No. 75-554 Argued January 11, 1977 Decided June 20, 1977 432 U.S. 438 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT Syllabus Title XIX of the Social Security Act establishes a Medical Assistance (Medicaid) program, under which participating States financially assist qualified individuals in five general categories of medical treatment, state plans being required to establish "reasonable standards . . . for determining . . . the extent of medical assistance under the plan which are consistent with" Title XIX's objectives. Respondents, who are eligible for medical assistance under Pennsylvania's Medicaid plan and who were denied financial assistance for desired nontherapeutic abortions pursuant to state regulations limiting such assistance to abortions certified by physicians as medically necessary, brought this action seeking injunctive and declaratory r...
Tag this Judgment!Court : US Supreme Court
Decided on : Feb-23-1977
Delaware Tribal Business Committee v. Weeks - 430 U.S. 73 (1977) U.S. Supreme Court Delaware Tribal Business Committee v. Weeks, 430 U.S. 73 (1977) Delaware Tribal Business Committee v. Weeks No. 75-1301 Argued November 10, 1976 Decided February 23, 1977 * 430 U.S. 73 APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA Syllabus The Delaware Indians, who originally resided in the Northeastern United States, were gradually forced to move westward in the 19th century, and the tribe became geographically scattered. One group (the Cherokee Delawares), which initially had settled on a Kansas reservation as part of the tribe's main body, eventually moved to "Indian Country" in Oklahoma, became assimilated with the Cherokees, and is today a federally recognized tribe. Another group (the Absentee Delawares), which never joined the main body in Kansas, but migrated to Oklahoma and settled with the Wichita and Caddo Indians, is also a federally recognize...
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-02-1977
Reported in : AIR1978SC851; (1978)1SCC405; [1978]2SCR272
Krishna Iyer, J.1. What troubles us in this appeal, coming before a Bench of 5 Judges on a reference under Article 145(3) of the Constitution, is not the profusion of controversial facts nor the thorny bunch of lesser law, but the possible confusion about a few constitutional fundamentals., finer administrative normae and jurisdictional limitations bearing upon elections. What are those fundamentals and limitations We will state them, after mentioning, briefly what the writ petition, from which this appeal, by special leave, has arisen, is about.The basics2. Every significant case has an unwritten legend and indelible lesson. This appeal is no exception, whatever its formal result. The message, as we will see at the end of the decision, relates to the pervasive philosophy of democratic elections which Sir Winston Churchill vivified in matchless words :At the bottom of all tributes paid to democracy is the little man, walking into a little booth, with a little pencil, making a little cr...
Tag this Judgment!Court : Supreme Court of India
Decided on : May-06-1977
Reported in : AIR1977SC1926; 1977CriLJ1557; (1977)3SCC287; [1978]1SCR153
V.K. Krishna Iyer, J.1. Some basic issues bearing on prescription of punishments arise for judicial investigation in this criminal appeal where leave has been limited to tailoring the sentence by appellate review to fit the gravity of the delinquency and the redemption of the deviant.2. The facts leading up to the conviction may need brief narration. The appellant, along with another accused, deceived several desperate unemployed young men, received various sums of Rs. 1200/- by false pretences that they would secure jobs for them through politically influential friends and other make-believe representations. The offence of cheating under Section 420 IPC was made out and conviction of both the accused followed. The 1st accused (appellant be-fore us) is a young man around 28 years old and works as a Junior Assistant in the Planning and Financial Department of the Andhra Pradesh Secretariat and the other accused is his friend who personated as a State Port Officer. Before the trial court...
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-08-1977
Reported in : AIR1978SC68; (1977)4SCC608; [1978]2SCR1
Beg, C.J.1. 'India, that is Bharat, shall be union of States'. The very first mandate of the first article of our Constitution to which we owe allegiance thus prohibits, by necessary implication, according to the plaintiff in the original suit now before us under Article 121 of the Constitution of India, any constitutionally unjustifiable trespass by the Union Government upon the domain of the powers of the States. The State of Karnataka, has, therefore, sued for a declaration that a notification dated 23-5-1977 (hereinafter referred to as 'The Central Notification') constituting a Commission of Inquiry in purported exercise of its powers under Section 3 of the Commissions of Inquiry Act, 1952 (hereinafter referred to as 'the Act'), is illegal and ultra-vires. This declaration is sought on one of two alternative grounds : firstly, that the Commissions of Inquiry Act, 1952, does not 'authorise the Central Government to constitute a Commission of Inquiry in regard to matters falling excl...
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-19-1977
Reported in : AIR1977SC2328; (1977)GLR919; (1977)0GLR90; 1977LabIC1857; (1977)4SCC193; [1978]1SCR423
..... or of another high court'. neither in proviso (c) nor in any other section of the government of india act was the word 'transfer' used or such a power conferred in terms on the governor general ..... the bowels of christ, think that we may be mistaken'. (yale law journal, vol. 71; 1961 november part).76. now to the legal ..... power is conferred and the power of transfer conferred on the executive can be exercised only in public interest to advance the cause of administration of justice and consequently, if the transfer of a high ..... relation to such state. while holding that a government notification appointing the petitioner as an officiating district and sessions judge was in violation of article 233, a constitution bench of this ..... say, if the words are semantically ambiguous, or if a provision, if read literally, is patently incompatible with the other provisions of that instrument, the court would be justified in construing the words ..... influenced by one-sided governmental considerations are outside the contemplation of our constitution.39. it may not be a happy analogy, but it is commonsense tha ..... whimsically or arbitrarily. in the case of chandramouleshwar prasad v. patna high court and ors. : [1970]2scr666 , while interpreting the word 'consultation' as appearing in article 233 of the constitution thi ..... 145. i would end my judgment by quoting a memorable passage from the judgment of lord pearce in the case of don john francis douglas liyanage and ors. v. the qeen (1) at page 291:if such acts .....
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