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 : Sep-12-1994
Reported in : AIR1995SC1012; JT1994(6)SC182; 1996(7)KarLJ299; 1994(4)SCALE192; (1994)5SCC593; [1994]Supp3SCR405
ORDERS.C. Agrawal, J.1. By order dated December 17,1991, these matters have been referred to a larger bench to consider the correctness of the decision in Union of India and Anr. v. Zora Singh and Ors. : (1992)1SCC673 (decided by a bench of three Judges). In Zora Singh's case (supra), this Court has held that the payment of additional amount payable @ 12% per annum on the market value under Sub-section (1-A) inserted in Section 23 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the principal Act') by the Land Acquisition (Amendment) Act, 1984 (hereinafter referred to as 'the amending Act') is to be ordered in every case where the reference was pending before the reference court on the date of commencement of the amending Act even though the award of the Collector was made prior to April 13, 1992.2. In all these matters preliminary notification under Section 3(1) of Kerala Land Acquisition Act, 1961 was published on March 21, 1979 and the notification under Section 6 of t...
Tag this Judgment!Court : Supreme Court of India
Decided on : Feb-10-1994
Reported in : AIR1994SC2151; [1994]80CompCas140(SC); JT1994(1)SC586; 1994(I)OLR(SC)454; 1994(1)SCALE565; (1994)2SCC647; [1994]1SCR857; 1994(1)LC351(SC)
ORDERDR. A.S. Anand, J.1. The common question of law which arises in both these appeals, by special leave, is whether the Financial Corporation set up under Section 3 of the State Financial Corporation Act (hereinafter 'the Act') is entitled to take recourse to the remedy available to it under Section 29 of the Act even after having obtained an order or a decree after invoking the provisions of Section 31 of the Act but without executing that decree/order? The facts in both the appeals are, however, different and we shall first notice the relevant facts in each of the two appeals, before answering the question posed herein above.CIVIL APPEAL NO. 3689 OF 1987.2. The respondent borrowed a sum of Rs. 99.500 from the appellant, the Andhra Pradesh State Financial Corporation (hereinafter the Corporation), for the purpose of carrying on the business of manufacturing agricultural implements. A mortgage deed was executed by the respondent on 27.12.1966. On account of the defaults committed by ...
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 : Jul-26-1994
Reported in : AIR1995SC817; JT1994(4)SC599; 1994(3)SCALE529; (1994)6SCC157; [1994]Supp2SCR217
ORDERA.M. Ahmadi, J.1. Special Leave granted in the aforesaid special leave petitions.2. Five references bearing Nos. (i) 123 of 1977, (ii) 215 of 1979, (iii) 91 of 1984, (iv) 92 of 1984 and (v) 43 of 1985, the first three under Section 10(2) and the remaining two under Section 10(1)(d) of the Industrial Disputes Act, 1947, hereinafter called 'the I.D. Act', arose out of certain demands made by the workmen- employees of Hindustan Lever Limited as well as the management's Notice of Change for the imposition of a ceiling on dearness allowance. These dispute concerned the demands made by the monthly rated clerical and technical staff working at the Sewree factory of the Company as well as the monthly rated C & T categories of workmen employed at the company's head-office and branch office in Bombay, the former represented by Hindustan Lever Employees Union, hereinafter called 'the Union' and the latter represented by Hindustan Lever Mazdoor Sabha, hereinafter called, 'the Sabha'. The comp...
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
..... . in exercise of the power conferred by clause (5) of article 150, the federation parliament passed emergency (federal constitution and constitution of sarawak) act, 1966. section 5 of this act specifically empowered the governor to dismiss the chief minister, in his ..... 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 tha ..... finances allocated for other purposes. it would be failure of the constitutional machinery to elongate the constitutional purpose of securing socio-economic justice to the tribals envisaged in the directive principles warranting the president to reach his satisfaction ..... the objective of secularism which was part of the basic 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 ..... date of issue of such proclamation.240. unless it is revoked or disapproved by the parliament in the meanwhile. it costs an obligation to lay the proclamation on the floor of both houses of parliament in accordance with the provisions of the constitution and the business ..... 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 .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-10-1994
Reported in : AIR1994SC2562; JT1994(5)SC195; 1994(3)SCALE739; (1994)6SCC117; [1994]Supp2SCR529
ORDERS.C. Agrawal, J.1. The question for consideration in this appeal is whether the award made by the arbitrator dividing the movable as well as immovable properties of joint family amongst the six branches of the family is liable to be set aside. The award was accepted by the Civil Court (Vth Additional District & Sessions Judge, Lucknow and a direction was given for making it the rule of the Court and for drawing a decree in terms of the award. The High Court, in appeal, has set aside the award on the view that the award suffers from mistakes apparent on its face and that Arbitrator had committed judicial misconduct in recording the proceedings before him.2. Late Shri Bisheshwar Nath Srivastava, ex-Chief Judge of the Oudh Chief Court, who died on July 18, 1938, had six sons, namely, Bhagwati Nath, Bhupendra Nath, Bishwa Nath, Brij Nath, Bijendra Nath and Birendra Nath. Smt. B.N. Srivastava died on September 22,1957. Bhagwati Nath died on February 8,1942 and Bishwa Nath died on Octob...
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