Court : UK Supreme Court
..... as well as an express trustee." 23. the leading case on the effect of sections 1(3) and 8(1) of the trustee act 1888 was taylor v davies [1920] ac 636, a decision of the privy council on a canadian statute in the same terms. davies was a secured creditor of an insolvent firm whose property had been the subject of ..... the buying company. a constructive trust was imposed simply to remedy this breach of fiduciary duty. 143. whatever the reason, however, the two privy council cases do not feature as part of the english legal background leading to the 1939 act. the law revision committee report is in contrast a powerful indication of the genesis and aims of section 19 of that ..... taylor v davies was the leading case on the effect of sections 1(3) and 8(1) of the 1888 act. he also suggests (para 27) that "the reason why they [the authors of the law revision committee] ignored the two privy council decisions was not that they were ignorant of them, or that they regarded them as outliers or wrong, but .....
Tag this Judgment!Court : US Supreme Court
..... that complete winners need not pay complete losers for suing them. [ footnote 11 ] this straightforward reading of the house report finds support in natural resources defense council, inc. v. epa, 484 f.2d 1331 (ca1 1973), cited in the report. there, the court considered whether fees should be denied under 304(d ..... 1.2 pounds/mbtu standard and the technological feasibility of the 90% reduction requirement -- might have been affected. the court expressly stated: "[t]he argument pressed most intensely by the utilities, that a 90% reduction in sulfur emissions was technologically infeasible given the state of antipollution technology, would have been far less ..... see 5 legislative history of the clean air act amendments of 1977 (committee print compiled for the senate committee on environment and public works by the library of congress), ser. no. 95-16, pp. 4241, 4255 (1978) (chamber of commerce). indeed, the natural resources defense council told congress that the provision requiring fee awards .....
Tag this Judgment!Court : US Supreme Court
..... 10, 2012] justice sotomayor, with whom justice kagan joins, concurring in the judgment. claims alleging the violation of a statute, such as the credit repair organizations act (act), 15 u. s. c. 1679 et seq., are generally subject to valid arbitration agreements unless congress evinces a contrary intent in the text, history, or purpose ..... united states, washington, d. c. 20543, of any typographical or other formal errors, in order that corrections may be made before the preliminary print goes to press. supreme court of the united states _________________ no. 10 948 _________________ compucredit corporation, et al., petitioners v. wanda greenwood et al. on writ of certiorari to ..... . 1679c(a). one sentence of that required statement reads, you have a right to sue a credit repair organization that violates the credit repair organization act. the act s nonwaiver provision states, any waiver by any consumer of any protection provided by or any right of the consumer under this subchapter (1) shall .....
Tag this Judgment!Court : US Supreme Court
..... and irrelevant, and the plaintiffs excepted. they also offered to show that the merchant appraiser was not appointed under the civil service rules under the said act of 1883, but the court excluded the evidence, and the plaintiffs excepted. they also offered in evidence sundry depositions of witnesses taken before the reappraisers ..... those connected with foreign imports, but, when the requisite knowledge exists, should be extended so as to embrace domestic manufactures and producers, and other citizens acting as merchants, although not dealing in foreign merchandise. s. 6111. the merchant thus selected will be notified by the collector of his appointment, and of ..... all facts to be stated concisely and not argumentatively. this regulation has been so construed that attorneys at law and custom house brokers have appeared and acted as representatives of the importer on reappraisement. such a construction is erroneous. the representative of the importer in such cases should be his employee or .....
Tag this Judgment!Court : UK Supreme Court
..... no difference between the law of england and scots law as to the substantive grounds on which a decision by a tribunal which acts within its jurisdiction may be open to review: brown v hamilton district council 1983 sc (hl) 1, 42 per lord fraser; west v secretary of state for scotland 1992 sc 385, 402 and 413 ..... recognition and respect for specialist expertise. such statistics as were available suggested that the increase in the number of applications in immigration and asylum cases was not a pressing issue that was incapable of being dealt with by case management. the court should not pre-empt what might come from the reforms indicated by the civil ..... would encourage forum shopping. intervening on behalf of the lord advocate, mr mure qc submitted that there was no pressing need to control the exercise of the supervisory jurisdiction in scotland in respect of the 2007 act tribunals by restricting the grounds of review. he accepted that this case provided the court with an opportunity to .....
Tag this Judgment!Court : US Supreme Court
..... in 1861, made to the former act, there was no authority for the incorporation of street railways, and in the ..... a contract, it was in the power of the common council to alter or abrogate it under section 34 of the tram-railway act. it will be seen that, under section 34 of the tram-railway act as it was enacted in 1861, a railway corporation organized under the act could not construct a railway through the streets of a ..... the street-railway act, and the various amendments of those acts, and also out of the different claims of the parties as to the character and validity of the ordinances passed by the common council subsequently to the passage of those statutes. the tram-railway act was passed in 1855, and the street-railway act in 1867. prior to the amendment .....
Tag this Judgment!Court : US Supreme Court
..... unconstitutionality of the designation was predicated upon repugnancy: "1) it is repugnant to the constitution of the united states as a deprivation of freedom of speech, of the press, and of assembly and association in violation of the first amendment." "2) . . . as a deprivation of the fundamental rights of the people of the united ..... organizations shortly after the attorney general's list was released. the bureau's announcement of the revocation indicated that the listing provided the basis for it. treasury dept. press release no. s-613, feb. 4, 1948, 5 c.c.h. 1948 fed.tax rep. par. 6075. the new york feinberg law, directed at eliminating ..... . . as a deprivation of liberty and property without due process of law in violation of the fifth amendment." in the council case, it was predicated upon a lack of "any advance notice" and the attorney general's acting "without making an appropriate investigation and determination' as required" by the order. it was said: "the aforesaid actions of the .....
Tag this Judgment!Court : US Supreme Court
..... legislative history lends support to a conclusion that, at least in the issuance of orders to district judges to regulate the exercise of their official duties, the judicial council acts as a judicial tribunal for purposes of this court's appellate jurisdiction under article iii. it seems clear that the sponsors of the bill considered the power to ..... petitioner, and that, if all the active judges in the district could not agree upon the division of business and case assignments necessitated by the order, the council, acting under 28 u.s.c. 137, would make such division and assignments as it deemed proper. petitioner filed with this court a motion for leave to file ..... by saying that only judicial administrative matters are involved. the power to keep a particular judge from sitting on a racial case, a church-and-state case, a free-press case, a search and seizure case, a railroad case, an antitrust case, or a union case may have profound consequences. judges are not fungible; they cover the .....
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..... 451 warpeton bands of dakota or sioux indians, as follows, to-wit: article i. the sissiton and warpeton bands of dakota sioux indians, represented in council, will continue their friendly relations with the government and people of the united states, and bind themselves individually and collectively to use their influence to the extent ..... for them also to reserve a large quantity of land for educational and government purposes, and admitting the force of the argument, we did not press the matter, believing it better that the government should own the lands upon which the agency and school buildings are located, and that missionary societies and ..... , and the government began to regulate their affairs through statute or through contractual agreements ratified by statute. [ footnote 9 ] in 1887, the general allotment act (or dawes act) was enacted in an attempt to reconcile the government's responsibility for the indians' welfare with the desire of non-indians to settle upon reservation lands. .....
Tag this Judgment!Court : US Supreme Court
..... of the united states, harry s. truman, 1949, pp. 538-539 (w. reid ed. 1964). president nixon, the mahatma gandhi of all impounders, asserted at a press conference in 1973 that his "constitutional right" to impound appropriated funds was "absolutely clear." the president's news conference of jan. 31, 1973, 9 weekly compo of pres. ..... decided june 25,1998 last term, this court determined on expedited review that members of congress did not have standing to maintain a constitutional challenge to the line item veto act (act), 2 u. s. c. 691 et seq., because they had not alleged a sufficiently concrete injury. raines v. byrd, 521 u. s. 811 . within ..... the breadth of a grant of authority as a cloak for unreasonable or unfair implementation. see 1 k. davis, administrative law 3:15, pp. 207-208 (2d ed. 1978). moreover, agencies are typically subject to judicial review, which review provides an additional check against arbitrary implementation. see, e. g., motor vehicle mfrs. assn. of united 490 .....
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