Pre - Judgment Search Results

Pharmaceutical Research and Mfrs. of America Vs. Walsh

Court: US Supreme Court

..... as inconveniencing prescribing physicians it therefore expressly preserved petitioner s right to renew its pre emption challenge after implementation of the program should there be evidence that medicaid ..... characterizes optional participation in a jointly financed benefit program 37 the presumption against federal pre emption of a state statute designed to foster public health hillsborough county v .....

Beneficial Nat. Bank Vs. Anderson

Court: US Supreme Court

..... complaint does not affirmatively allege a federal claim potential defenses including a federal statute s pre emptive effect franchise tax bd of cal v construction laborers vacation trust for southern ..... 1819 supports the established interpretation of 85 and 86 that gives those provisions the requisite pre emptive force to provide removal jurisdiction in actions against national banks for usury these .....

Renu Devi and Etc. Vs. State of Bihar and ors.

Court: Patna

..... orders passed by the additional collector and upheld the claim of pre emption raised by respondent no 5 3 the material facts are ..... for specific performance therefore is vastly different in nature from a pre emption proceeding under section 16 3 of the act finally the ..... material error of jurisdiction in condoning the delay in filing the pre emption applications on the basis of section 14 of the .....

Sms Holdings Pvt. Ltd. Vs. Securities and Exchange Board of India

Court: SEBI Securities and Exchange Board of India or Securities Appellate Tribunal SAT

Reported in: (2004)49SCL117SAT

..... support he referred to its conduct of inaction of exercising the pre emptive rights in the context of technip acquiring 29 shares ..... had whilst acting in concert with one another agreed to certain pre emptive rights being granted to one another consultation and control on ..... was made in uk and 7th july 2000 when all the pre conditions were finally approved and the offer became unconditional that nowhere .....

McConnell Vs. Federal Election Comm'n

Court: US Supreme Court

..... no interest whatever to support 504 as a whole adding that the existence of pre existing unchallenged agency regulations imposing similar disclosure requirements cannot compel the conclusion that 504 ..... nor do i find persuasive the court s and the government s argument that pre existing unchallenged agency regulations imposing similar disclosure requirements compel the conclusion that 504 is .....

Entergy LA., Inc. Vs. Louisiana Pub. Serv. Comm'n

Court: US Supreme Court

..... agreement clearly does so the lpsc s second guessing of the 41 classification here is pre empted finally respondents advance the contention that including ers units in mss 1 calculations violated ..... tariff that delegates discretion to the regulated entity to determine the precise cost allocation similarly pre empts an order that adjudges those costs imprudent i petitioner entergy louisiana inc el is .....

Kumari Jayashree and ors. Vs. State of Karnataka and ors.

Court: Karnataka

Reported in: 2004(1)KarLJ452

..... to know that the government by its order dated 17 7 2003 shifted the pre university from chikkajogihalli to sringeri chikmagalur district immediately thereafter they gave several representations to ..... said decision is taken and accordingly the government has issued order respondent 3 government pre university college has been transferred to sringeri taluk chikmagalur taking into consideration the need .....

Meer Singh Vs. Raj Pal and anr.

Court: Punjab and Haryana

Reported in: (2004)137PLR696a

..... all the three civil suits vide which the suits for possession by pre emption of the agricultural land were dismissed by sub judge 1st ..... dismissed the suit of the appellant for possession by way of pre emption by holding that since the suit land had been partitioned ..... and as such the appellant had not got preferential right to pre empt on the basis of co sharership 10 consequently various issues .....

Branch Vs. Smith

Court: US Supreme Court

..... authorization for at large congressional elections the presumption against implied repeals like that against pre emption is overcome if there is an irreconcilable conflict between the two provisions or ..... for identifying implied repeals it repealed the earlier federal statute in addition this statute pre empts the mississippi statute setting the default rule as at large elections the first .....

Sharda Synthetics Ltd. and Vs. Cce, Mumbai-iii and Cce,

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in: (2003)(89)ECC85

..... and remanding the matter to the adjudicating authority the amount of pre deposit cannot be retained as it is deposit pending appeal ..... respondents could have sent a advise intimating the refund of the pre deposit made by the petitioner which the respondents had not ..... in the law requiring certain amount to be retained as a pre deposit pending finalization of the adjudication proceedings it is thus .....