Court : US Supreme Court
Decided on : May-23-1994
NLRB v. Health Care & Retirement Corp. of America - 511 U.S. 571 (1994) OCTOBER TERM, 1993 Syllabus NATIONAL LABOR RELATIONS BOARD v. HEALTH CARE & RETIREMENT CORPORATION OF AMERICA CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT No. 92-1964. Argued February 22, 1994-Decided May 23, 1994 Employees are considered "supervisors," and thus are not covered under the National Labor Relations Act, 29 U. S. C. 152(3), if they have authority, requiring the use of independent judgment, to engage in one of 12 listed activities and they hold the authority "in the interest of the employer," 152(11). Petitioner National Labor Relations Board has stated that a nurse's supervisory activity incidental to the treatment of patients is not authority exercised in the interest of the employer. Respondent owns and operates a nursing home at which staff nursesincluding the four nurses involved in this case-are the senior ranking employees on duty most of the time, ensure adequa...
Tag this Judgment!Court : US Supreme Court
Decided on : Oct-31-1994
Shalala v. Guernsey Memorial Hospital - 514 U.S. 87 (1994) OCTOBER TERM, 1994 Syllabus SHALALA, SECRETARY OF HEALTH AND HUMAN SERVICES v. GUERNSEY MEMORIAL HOSPITAL CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT No.93-1251. Argued October 31, 1994-Decided March 6,1995 Mter the refinancing of its bonded debt resulted in a "defeasance" loss for accounting purposes, respondent health care provider (hereinafter Hospital) determined that it was entitled to Medicare reimbursement for part of that loss. Although the Hospital contended that it should receive its full reimbursement in the year of the refinancing, the fiscal intermediary agreed with petitioner Secretary of Health and Human Services that the loss had to be amortized over the life of the Hospital's old bonds in accord with an informal Medicare reimbursement guideline, PRM 233. The District Court ultimately sustained the Secretary's position, but the Court of Appeals reversed. Interpreting the Secr...
Tag this Judgment!Court : US Supreme Court
Decided on : Mar-01-1994
Fogerty v. Fantasy, Inc. - 510 U.S. 517 (1994) OCTOBER TERM, 1993 Syllabus FOGERTY v. FANTASY, INC. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT No. 92-1750. Argued December 8, 1993-Decided March 1, 1994 Mter petitioner Fogerty's successful defense of a copyright infringement action filed against him by respondent Fantasy, Inc., the District Court denied his motion for attorney's fees pursuant to 17 U. S. C. 505, which provides in relevant part that in such an action "the court may ... award a reasonable attorney's fee to the prevailing party as part of the costs." The Court of Appeals affirmed, declining to abandon its "dual" standard for awarding 505 fees-under which prevailing plaintiffs are generally awarded attorney's fees as a matter of course, while defendants must show that the original suit was frivolous or brought in bad faith-in favor of the so-called "evenhanded" approach, in which no distinction is made between prevailing plaintiffs and...
Tag this Judgment!Court : US Supreme Court
Decided on : Mar-22-1994
Shannon v. United States - 512 U.S. 573 (1994) OCTOBER TERM, 1993 Syllabus SHANNON v. UNITED STATES CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 92-8346. Argued March 22, 1994-Decided June 24,1994 In the Insanity Defense Reform Act of 1984 (IDRA or Act), Congress made insanity an affirmative defense, created a special verdict of "not guilty only by reason of insanity" (NGI), and established a comprehensive civil commitment procedure. At his trial on a federal criminal charge, petitioner Shannon raised the insanity defense and asked the District Court to instruct the jury that an NGI verdict would result in his involuntary commitment. The court refused, and the jury returned a guilty verdict. In affirming, the Court of Appeals noted that, under its pre-IDRA precedent, juries were not to be instructed concerning the consequences of an insanity acquittal. Because there was no directive in the IDRA to the contrary, the court "adhere[d] to the establis...
Tag this Judgment!Court : Supreme Court of India
Decided on : Jul-20-1994
Reported in : AIR1995SC142; JT1994(4)SC473; 1994(3)SCALE389; 1995Supp(1)SCC596; [1994]Supp1SCR807
ORDERK. Ramaswamy, J. 1. These five appeals raise four-pronged attack on the Constitutionality of the Bombay Land Revenue Code and Land Tenure Abolition Laws (Gujarat Amendment) Act 8 of 1982 (for short 'the Amendment Act'). Though unsuccessful in the High Court of Gujarat in Special Civil Application Nos. 1118 of 1982 and batch by judgment of the Division Bench dated 7/8 September, 1983 and followed in Special Civil Application No. 763/82 dated September 16, 1988 the appellants had leave of this Court. A short shift of the antecedent history of land tenures in Saurashtra region of the State of Gujarat is necessary to focus the focal points posed for decision, by common judgment. The appellants are successors of Barkhalidars and Girasdars. The erstwhile Saurashtra State consisted of 220 princely states rules by sovereign Rulers in their own rights. The lands in these appeals form present parts of Surendra Nagar and Bhavnagar districts. In the State of Saurashtra, the Rulers entered int...
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-11-1994
Reported in : AIR1994SC1918; JT1994(2)SC215; 1994(2)SCALE37; (1994)3SCC1; [1994]2SCR644
..... arise for consideration on that premise. section 114(e) of the evidence act raises statutory presumption that official acts have been regularly performed.291. prof. bork in his 'neutral principles and some first amendments problems', 47 ind. law journal, p. 1 at p ..... channelising the exercise of this power. the court can interfere only when the power is used in a grossly perverse and unreasonable manner so as to constitute patent misuse of the provisions or to an abuse of power. the same idea is expressed at another place saying that 'a constitutionally or legally prohibited or extraneous ..... parties agreed that the principles enunciated by the supreme court in federation of pakistan v. mohammad saifullah khan, do govern the controversy. 145. on fact, the supreme court found that though some of the goods given may not be relevant, there are other relevant ..... inappropriate in the context of article 356. 123. the next decision is again of the privy council in stephen kalong ningkan v. government of malaysia (1970) a.c. 379. the appellant was the chief minister of sarawak, and estate in the federation of malaysia. on june 16, 1966, the governor of sarawak requested ..... structure of the constitution and also the soul of the constitution. 39. these contentions inevitably invite us to discuss the concept of secularism as accepted by our constitution. our constitution does not prohibit the practice of any religion either privately or publicly. through the preamble of the constitution, the people of .....
Tag this Judgment!Court : Supreme Court of India
Decided on : May-13-1994
Reported in : AIR1994SC1314; 1995CriLJ2080; JT1994(4)SC73; 1994(2)SCALE1065; 1994Supp(2)SCC405
ORDER1. These appeals arise from the judgment of the Madras High Court dated 9th August, 1990 passed in Criminal Appeal Nos. 840 to 855 of 1978, 867 of 1978, 881 to 885 of 1978, 887 of 1978, 889 to 913 of 1978, 916 of 1978, 923 to 937 of 1978, 943 of 1978 and 944 of 1978 and C.A. No. 156 of 1981 whereby the accused/appellants before the High Court were acquitted by the High Court.2. All the accused, except accused 105 and 106 were either employed or associated with the Corporation of Madras; Accused 2, 3, 4 and 5 were working as Engineers in Electrical Department besides the 1st accused, who died during the trial of the case; accused 6, 7, 8, 9, 10 and 12 were Electrical Supervisors; accused 11, 13, 14 and 15 were employed as Asstt. Electrical Supervisors; accused 16 and 17 were Charge Engineers; accused 18 and 19 were Lighting Inspectors, accused 20, 23 and 24 were Temporary Time-keepers; accused 21, 22, 25, 26, 27, 28, 29, 30, 31, 32, 33 and 37 were Time-keepers; accused 34 and 35 we...
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-11-1994
Reported in : 1994SCC(3)569; JT1994(2)423
JUDGMENT:The Judgments of the Court were delivered by S. RATNAVEL PANDIAN, J. (on behalf of himself, Punchhi, J., K. Ramaswamy, J., Agrawal, J. and Sahai, J.).1.The above batch of matters consisting of a number of writ petitions, criminal appeals and SLPs are filed challenging the vires of the Terrorist Affected Areas (Special Courts) Act (No. 61 of 1984), the Terrorists and Disruptive Activities (Prevention) Act (No. 31 of 1985) and the Terrorists and Disruptive Activities (Prevention) Act, 1987 (No. 28 of 1987) commonly known as TADA Acts (hereinafter referred to as the Act of 1984, Act of 1985 and Act of 1987 respectively) and challenging the constitutional validity of Section 9 of the Code of Criminal Procedure (U.P. Amendment) Act, 1976 (U.P. Act No. 16 of 1976) by which the Legislative Assembly of Uttar Pradesh has deleted Section 438 of the Code of Criminal Procedure as applicable to the State of Uttar Pradesh. Though originally, a number of other matters falling under various A...
Tag this Judgment!Court : Supreme Court of India
Decided on : Jul-26-1994
Reported in : AIR1996SC11; [1994]Supp2SCR122
S. Mohan, J.1. Leave granted.2. All these appeals can be dealt with under a common judgment since one and same issue requires to be decided. The brief facts are as under :The Department of Telecommunications, Government of India, invited tenders from Indian Companies with a view to license the operation of Cellular Mobile Telephone Service' in four metropolitan cities of India, namely, Delhi, Bombay, Calcutta and Madras. Cellular mobile telephone means a telecommunication system which allows two ways telecommunication between a mobile or stationary telephone to another mobile or stationary unit at a location. It may be within or outside the city including subscriber-cum-dialing and international subscriber-cum-dialing calls. The last date for submission of tender was 31.3.92. The tender process was in two stages. First stage involved technical evaluation and the second involved financial evaluation. Those who were short-listed at the first stage were invited for the second stage. 3. 30...
Tag this Judgment!Court : US Supreme Court
Decided on : Mar-30-1994
..... congress exempted religious objectors from military conscription. resolution of july 18, 1775, reprinted in 2 journals of the continental congress 187, 189 (library of congress ed. 1905) ("as there are some people, who, fro ..... intended to shield children from contact with others who have "different ways," the state provided official support to cement the attachment of young adherents to a particular faith. it is telling, in this regard, that ..... until faced by a request from a non-christian family for equal treatment under the patently unequal law. cf. everson v. board of ed. of ewing, 330 u ..... s. 668 (1984); stone v. graham, 449 u. s. 39 (1980), seem to me to fall into a different category and to require an analysis ..... v. unemployment appeals comm'n of fla., 480 u. s.136, 144-145 (1987). moreover, "there is ample room for accommodation of religion under the establishment clause," ..... zoning law, and arose shortly after the satmars moved to the town of monroe in the early 1970's. though the area in which they lived was zoned for single-family homes, the satmars ..... public service to ... spiritual needs," and noted that finding it unconstitutional would "show a callous indifference 745 to religious groups." 343 u. s., at 314. in walz, supra, we upheld a property tax exemption for religious organizations, observing that it was part of a salutary tradition of "permissible state accommodation to religion." id., at 672-673. and in presiding bishop, supra, we upheld a section of the civil rights act .....
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