Court : US Supreme Court
Decided on : Jul-01-1976
Planned Parenthood v. Danforth - 428 U.S. 52 (1976) U.S. Supreme Court Planned Parenthood v. Danforth, 428 U.S. 52 (1976) Planned Parenthood of Central Missouri v. Danforth No. 74-1151 Argued March 23, 1976 Decided July 1, 1976 * 428 U.S. 52 APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MISSOURI Syllabus Two Missouri-licensed physicians, one of whom performs abortions at hospitals and the other of whom supervises abortions at Planned Parenthood, a not-for-profit corporation, brought suit, along with that organization, for injunctive and declaratory relief challenging the constitutionality of the Missouri abortion statute. The provisions under attack are: 2(2), defining "viability" as "that stage of fetal development when the life of the unborn child may be continued indefinitely outside the womb by natural or artificial life supportive systems;" 3(2), requiring that, before submitting to an abortion during the first 12 weeks of pregnancy, a w...
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-01-1976
Simon v. Eastern Kentucky Welf. Rights. Org. - 426 U.S. 26 (1976) U.S. Supreme Court Simon v. Eastern Kentucky Welf. Rights. Org., 426 U.S. 26 (1976) Simon v. Eastern Kentucky Welfare Rights Organization No. 74-1124 Argued December 10, 1975 Decided June 1, 1976 * 426 U.S. 26 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT Syllabus Respondents in No. 74-1124 (hereinafter respondents), several low income individuals and organizations representing such individuals, brought this class action in District Court on behalf of all persons unable to afford hospital services, against the Secretary of the Treasury and the Commissioner of Internal Revenue. They claimed that Revenue Ruling 69-545, which announced an Internal Revenue Service policy of extending favorable tax treatment under the Internal Revenue Code of 1954 (Code) to hospitals that did not serve indigents to the extent of the hospitals' financial ability, "encouraged" hospitals to de...
Tag this Judgment!Court : US Supreme Court
Decided on : Mar-24-1976
Abbott Laboratories v. Portland Retail Druggists - 425 U.S. 1 (1976) U.S. Supreme Court Abbott Laboratories v. Portland Retail Druggists, 425 U.S. 1 (1976) Abbott Laboratories v. Portland Retail Druggists Assn., Inc. No. 74-1274 Argued December 16, 1975 Decided March 24, 1976 425 U.S. 1 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus Respondent, as assignee of more than 60 commercial pharmacies, brought this antitrust action against petitioner manufacturers, charging that, by selling drugs to certain hospitals, each of which has a pharmacy, at prices lower than those charged to respondent's assignors, petitioners violated the Robinson-Patman Act, which makes it unlawful for one engaged in commerce to discriminate in price between different purchasers of like commodities where "the effect . . . may be substantially to lessen competition." 15 U.S.C. 13(a). Petitioners claimed that the challenged sales were exempt under the Nonprofit Institutio...
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-07-1976
Cappaert v. United States - 426 U.S. 128 (1976) U.S. Supreme Court Cappaert v. United States, 426 U.S. 128 (1976) Cappaert v. United States No. 74-1107 Argued January 12, 1976 Decided June 7, 1976 * 426 U.S. 128 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus Devil's Hole, a deep cavern on federal land in Nevada containing an underground pool inhabited by a unique species of desert fish, was reserved as a national monument by a 1952 Presidential Proclamation issued under the American Antiquities Preservation Act, which authorizes the President to proclaim as national monuments, inter alia, "objects of historic or scientific interest" situated on federal land. In 1968, the Cappaerts, petitioners in No. 74-1107, who own a nearby ranch, began pumping groundwater coming from the same source as the water in Devil's Hole, thereby reducing the water level in Devil's Hole and endangering its fish. Subsequently, the Cappaerts applied to the Nevada ...
Tag this Judgment!Court : US Supreme Court
Decided on : Jul-02-1976
Gregg v. Georgia - 428 U.S. 153 (1976) U.S. Supreme Court Gregg v. Georgia, 428 U.S. 153 (1976) Gregg v. Georgia No. 74-6257 Argued March 31, 1976 Decided July 2, 1976 428 U.S. 153 CERTIORARI TO THE SUPREME COURT OF GEORGIA Syllabus Petitioner was charged with committing armed robbery and murder on the basis of evidence that he had killed and robbed two men. At the trial stage of Georgia's bifurcated procedure, the jury found petitioner guilty of two counts of armed robbery and two counts of murder. At the penalty stage, the judge instructed the jury that it could recommend either a death sentence or a life prison sentence on each count; that it was free to consider mitigating or aggravating circumstances, if any, as presented by the parties; and that it would not be authorized to consider imposing the death sentence unless it first found beyond a reasonable doubt (1) that the murder was committed while the offender was engaged in the commission of other capital felonies, v...
Tag this Judgment!Court : US Supreme Court
Decided on : May-19-1976
Northern Cheyenne Tribe v. Hollowbreast - 425 U.S. 649 (1976) U.S. Supreme Court Northern Cheyenne Tribe v. Hollowbreast, 425 U.S. 649 (1976) Northern Cheyenne Tribe v. Hollowbreast No. 75-145 Argued March 29, 1976 Decided May 19, 1976 425 U.S. 649 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus Section 3 of the Northern Cheyenne Allotment Act of 1926 (Act) reserves coal and other mineral deposits underlying lands on the Northern Cheyenne Reservation for the Tribe's benefit, but further provides that, 50 years after approval of the Act, such deposits "shall become the property of the respective allottees or their heirs," and that the "unallotted lands" shall be "subject to the control and management thereof as Congress may deem expedient for the benefit of said Indians." In 1968, Congress amended the Act to reserve the mineral rights "in perpetuity for the benefit of the Tribe," subject to a prior judicial determination that the allottees had...
Tag this Judgment!Court : US Supreme Court
Decided on : Jul-01-1976
Bellotti v. Baird - 428 U.S. 132 (1976) U.S. Supreme Court Bellotti v. Baird, 428 U.S. 132 (1976) Bellotti v. Baird No. 75-73 Argued March 23, 1976 Decided July 1, 1976 * 428 U.S. 132 APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS Syllabus A 1974 Massachusetts statute governs the type of consent, including parental consent, required before an abortion may be performed on an unmarried woman under the age of 18. Appellees, an abortion counseling organization, its president and its medical director, and several unmarried women who were pregnant at the time, brought a class action against appellant Attorney General and District Attorneys, claiming that the statute violates the Due Process and Equal Protection Clauses of the Fourteenth Amendment. A temporary restraining order was entered prior to the effective date of the statute. Thereafter, a three-judge District Court held the statute unconstitutional as creating a "parental veto" over the per...
Tag this Judgment!Court : US Supreme Court
Decided on : May-24-1976
Hospital Bldg. Co. v. Trustees of Rex Hosp. - 425 U.S. 738 (1976) U.S. Supreme Court Hospital Bldg. Co. v. Trustees of Rex Hosp., 425 U.S. 738 (1976) Hospital Building Co. v. Trustees of Rex Hospital No. 74-1452 Argued February 25, 1976 Decided May 24, 1976 425 U.S. 738 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT Syllabus Petitioner corporation, which operates a 49-bed proprietary hospital (Mary Elizabeth) in Raleigh, N.C. brought this antitrust action alleging that respondents, a private, tax-exempt hospital (Rex) in Raleigh, two of its officers, and a health planning officer, had violated the Sherman Act by conspiring along with others to block the relocation and expansion within Raleigh of Mary Elizabeth, for the purpose of enabling Rex to monopolize the business of providing hospital services in Raleigh. Petitioner alleged that a substantial portion of its medicines and supplies comes from out-of-state sellers; that a large portion of its rev...
Tag this Judgment!Court : Supreme Court of India
Decided on : Feb-17-1976
Reported in : AIR1976SC670a; [1976]103ITR82(SC); (1976)1SCC916; [1976]3SCR413; 1976(8)LC295(SC)
R.S. Sarkaria, J.1. These appeals directed against a judgment of the High Court of Judicature at Gauhati raise a common question in regard to the inter-predation and constitutional validity of Sub-clause (a) of Clause (26) of Section 10 of the Income-tax Act, 1961 (for short, called the 1961 Act). The appeals will be disposed of by a common judgment.2. R. Takin Roy Rymbai (respondent in Civil Appeal 579 of 1975) belongs to Jaintia Scheduled Tribe and is a permanent resident of United Khasi-Jantia Hills Autonomous District under the Sixth Schedule of the Constitution within the State of Meghalaya. He joined service under the Government of Assam in 1941. In the previous year relevant to the assessment year 1970-71, he was posted at Shillong as Secretary to the Government of Assam The Assam Secretariat building and office, which constitute his place of work was within that quarter of the own which is included in Shillong Municipality and is not a part of the area described in para 20 of t...
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-26-1976
Reported in : AIR1976SC2108; (1976)3SCC500; [1976]SuppSCR131; [1976]38STC176(SC)
P.K. Goswami, J.1. This judgment will govern both the appeals.2. These two appeals by special leave are directed against the common judgment of the Gujarat High Court in Sales Tax Reference No. 5 of 1969 relating to two periods, namely, (1) from 24th October, 1955 to 31st March, 1956 and (2) from 1st April, 1956 to 31st March, 1957.3. The Tribunal had earlier delivered a common judgment in two revision applications No. 121 and No. 122 of 1961 and made a composite reference to the High Court under the Bombay Sales Tax Act stating the following question for answer:Whether on the facts and in the circumstances of the case the three contracts for construction of coaches on the under-frames supplied by the Railway Administration, the contracts containing similar terms were contracts for sale of goods and not works contracts4. The facts appearing from the statement of case are as follows :--5. The respondent, M/s. Variety Body Builders, Baroda, entered into three contracts with the Western R...
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