Court : US Supreme Court
Decided on : Jun-20-1979
NLRB v. Baptist Hosp., Inc. - 442 U.S. 773 (1979) U.S. Supreme Court NLRB v. Baptist Hosp., Inc., 442 U.S. 773 (1979) National Labor Relations Board v. Baptist Hospital, Inc. No. 78-223 Argued April 23, 1979 Decided June 20, 1979 442 U.S. 773 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR TE SIXTH CIRCUIT Syllabus Intervenor labor union filed unfair labor practice charges with the National Labor Relations Board with respect to respondent hospital's rule prohibiting solicitation by its employees at all times "in any area of the Hospital which is accessible to or utilized by the public," including the lobbies, gift shop, cafeteria, and entrances on the first floor, as well as corridors, sitting rooms, and public restrooms on the other floors. In justification of the rule, respondent offered extensive evidence, through the testimony of doctors and hospital officials, as to the need for the rule to prevent interference with patients' treatment and convalescence, especiall...
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-18-1979
United States v. Rutherford - 442 U.S. 544 (1979) U.S. Supreme Court United States v. Rutherford, 442 U.S. 544 (1979) United States v. Rutherford No. 78-605 Argued April 25, 1979 Decided June 18, 1979 442 U.S. 544 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT Syllabus Terminally ill cancer patients and their spouses brought this action to enjoin the Government from interfering with the interstate shipment and sale of Laetrile, a drug not approved for distribution under the Federal Food, Drug, and Cosmetic Act (Act). Section 505 of the Act prohibits interstate distribution of any "new drug" unless the Secretary of Health, Education, and Welfare approves an application supported by substantial evidence of the drug's safety and effectiveness. Section 201(p)(1) of the Act defines a "new drug" to include "any drug . . . not generally recognized . . . as safe and effective for use under the conditions prescribed, recommended, or suggested in the labeling...
Tag this Judgment!Court : US Supreme Court
Decided on : Apr-17-1979
Broadcast Music, Inc. v. CBS, Inc. - 441 U.S. 1 (1979) U.S. Supreme Court Broadcast Music, Inc. v. CBS, Inc., 441 U.S. 1 (1979) Broadcast Music, Inc. v. Columbia Broadcasting System, Inc. No. 77-1578 Argued January 15, 1979 Decided April 17, 1979 * 441 U.S. 1 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus Respondent Columbia Broadcasting System, Inc. (CBS), brought this action against petitioners, American Society of Composers, Authors and Publishers (ASCAP) and Broadcast Music, Inc. (BMI), and their members and affiliates, alleging, inter alia, that the issuance by ASCAP and BMI to CBS of blanket licenses to copyrighted musical compositions at fees negotiated by them is illegal price-fixing under the antitrust laws. Blanket licenses give the licensees the right to perform any and all of the compositions owned by the members or affiliates as often as the licensees desire for a stated term. Fees for blanket licenses are ordinarily a perce...
Tag this Judgment!Court : Gujarat
Decided on : Dec-06-1979
Reported in : (1979)2GLR575
ORDERAs per Ex. 55, this Darkhast is withdrawn Cost on D.H. 29-7-1965.Sd/-C.J. (S.D.)The interpretation of the aforesaid order is to decide the fate of the present appeal.7. After having obtained the permission from the Collector Baroda on 3-1-1970, at stated above, the appellant re-presented the present Darkhast against the same judgment debtors for the same reliefs as he originally prayed in Darkhast No. 21/56. The said Darkhast was filed on 28-1-1971 in the Court of the Civil Judge (S.D.) Baroda and it was numbered as Darkhast No. 4/71. In all respect, the execution application i.e. Darkhast No. 4/71 was identical with the earlier Darkhast No. 21/56, save and except the tact that in the second execution application the latter development which took place pursuant to the High Court order in F.A. No. 100/60 and the further development leading to the permission of the Collector which was granted on 3-1-1970 were mentioned, but the reliefs prayed for in Darkhast No. 4/71 were completely...
Tag this Judgment!Court : Allahabad
Decided on : Aug-10-1979
Reported in : AIR1980All92
K.C. Agrawal, J.1. This writ petition is directed against an order of the Mines Tribunal, Agra, dated 24-11-1977, determining the terms and conditions of the lease under Section 107 (2) of U. P. Zamindari Abolition and Land Reforms Act (Act No. 1 of 1951), (hereinafter referred to as 'the Act').2. The relevant facts are these. The petitioner, Sheobaran Singh, was an intermediary and Zamindar of Villages Ghaskata and Tantpur in tehsil Kheragarh, district Agra, before the enforcement of U. P. Act I of 1951. On the publication of the notification under Section 4 of the Act, all the estates stood transferred to and vested in the State free from all encumbrances. Consequences of vesting of an estate in the State are stated in Section 6 of the Act. It provides that when the notification under Section 4 has been published in the Gazette, then, (a) all rights, title and interest of all the intermediaries.--(i) in every estate in such area including land ............, and(ii) in all sub-soil in...
Tag this Judgment!Court : Kolkata
Decided on : Jul-24-1979
Reported in : AIR1980Cal188,1979(2)CHN248,1980(6)ELT38(Cal)
A.N. Sen, J.1. At the hearing of this appeal from the judgment and order passed by P. K. Banerjee, J. on the 23rd of March, 1973, discharging the rule and dismissing the petition filed by the appellant under Article 226 of the Constitution before a Division Bench of this Court consisting of Sabyasachi Mukharji, and Murari Mohan Dutt, JJ., the Division Bench noted that from the contentions made on behalf of the parties before them the following points arose for consideration :--(1) Whether, by virtue of Section 23A of the Foreign Exchange Regulation Act, 1947, the provisions of Sections 113 and 114 of the Customs Act, 1962 are attracted for the contravention of Section 12 (1) of the Foreign Exchange Regulation Act, 1947, in relation to goods which had been exported beyond India. (2) Whether, when goods have been exported beyond India such goods may be said to be 'export goods' as defined in Section 2 (19) of the Customs Act, 1982 and liable to confiscation under Section 113 for the purp...
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-20-1979
Wilson v. Omaha Indian Tribe - 442 U.S. 653 (1979) U.S. Supreme Court Wilson v. Omaha Indian Tribe, 442 U.S. 653 (1979) Wilson v. Omaha Indian Tribe No. 78-160 Argued March 21, 1979 Decided June 20, 1979 * 442 U.S. 653 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT Syllabus Pursuant to an 1854 treaty, the reservation of the Omaha Indian Tribe (Tribe) was established in the Territory of Nebraska on the west bank of the Missouri River, with the eastern boundary being fixed as the center of the river's main channel. In 1867, a General Land Office survey established that certain land was included in the reservation, but since then, the river has changed course several times, leaving most of the survey area on the Iowa side of the river, separated from the rest of the reservation. Residents of Iowa ultimately settled on and improved this land, and these non-Indian owners and their successors in title occupied the land for many years prior to April 2, 19...
Tag this Judgment!Court : US Supreme Court
Decided on : Mar-27-1979
Leo Sheep Co. v. United States - 440 U.S. 668 (1979) U.S. Supreme Court Leo Sheep Co. v. United States, 440 U.S. 668 (1979) Leo Sheep Co. v. United States No. 77-1686 Argued January 15, 16, 1979 Decided March 27, 1979 440 U.S. 668 CERTIORARI TO THE UNITED STAETS COURT OP APPEALS FOR THE TENTH CIRCUIT Syllabus The Union Pacific Act of 1862 granted public land to the Union Pacific Railroad for each mile of track that it laid, and this was done under a system whereby land surrounding the railroad right-of-way was divided into "checkerboard" blocks, with odd-numbered lots being granted to the railroad and even-numbered lots being reserved for the Government. Petitioners, the railroad's successors in fee to certain odd-numbered lots in Wyoming lying in the vicinity of a reservoir area used by the public for fishing and hunting, brought an action to quiet title against the United States after the Govrnment had cleared a road across the Leo Sheep Co.'s land to afford the public ac...
Tag this Judgment!Court : Chennai
Decided on : Jul-03-1979
Reported in : [1982]133ITR895(Mad)
Sethuraman, J.1. In this reference under Section 256(1) of the I.T. Act, 1961, the following two questions have been referred:' 1. Whether, on the facts and in the circumstances of the case, the assessee is entitled to registration for the assessment years 1969-70 and 1970-71? 2. Whether, on the facts and in the circumstances of the case, the income derived by the assessee by letting but articles/furniture provided in Admiralty Flats Motel should be assessed under the head ' Business' ' 2. There was an HUF consisting of P. V. Gajapathi Raju, his wife, Radha, and his two daughters, Vidya and Urmila. P. V. Gajapathi Raju was the karta of this family. In the partition of a larger HUF, of which Gajapathi Raju was a coparcener, he obtained certain properties, movable and immovable, as and for his share. These properties belong to the HUF of which Gajapathi Raju was the karta.3. On December 2, 1965, he gifted Rs. 25,000 to each of his two daughters. On April 25, 1966, he gifted a like amount...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jul-16-1979
Reported in : AIR1980P& H1
Prem Chand Jain, J.1. The Punjab Courts (Haryana Amendment) Act, 1977 (Act No. 20 of 1977) and the Punjab Courts (Haryana Amendment) Act, 1978 (Act No. 24 of 1978) were passed by the Haryana State Legislature. By Act No. 20 of 1977, the jurisdictional value of an appeal to the Court of District M Judge from a decree or order of a Subordinate Judge was raised to Rs. 20,000/-, while by Act No. 24 of 1978 it was provided that an appeal from a decree or order of a Subordinate Judge shall lie to the District Judge, irrespective of the value of the original suit. Under Act No. 24 of 1978, an amendment was also made in S. 41 in order to bring the provisions of that section in conformity with the provisions of S. 100 of the Code of Civil procedure. The effect of the amendment in S. 39 under Act No. 24 of 1978 is that all R.F. As pending in this Court shall stand transferred to the Court of the District Judge.2. R.F.A. No. 359 of 1971 (Rajinder Sineh etc. v. Kartar Singh etc.) and R.F.A. No. 67...
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