Prevailing - Judgment Search Results

Cce Vs. Prevail Castings and ors.

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in: (2004)(115)LC592Tri(Mum.)bai

1 heard both sides these five appeals have been filed by the applicant commissioner against a common order in appeal...

Fogerty Vs. Fantasy, Inc.

Court: US Supreme Court

..... called evenhanded approach in which no distinction is made between prevailing plaintiffs and prevailing defendants held prevailing plaintiffs and prevailing defendants must be treated alike under 505 attorney s fees ..... the british rule for automatic recovery of attorney s fees by the prevailing party prevailing plaintiffs and prevailing defendants are to be treated alike but attorney s fees are to .....

Buckhannon Board and Care Home, Inc. Vs. West Virginia Dept. of Health ...

Court: US Supreme Court

..... the case as moot petitioners requested attorney s fees as the prevailing party under the fhaa and ada basing their entitlement on the ..... catalyst theory which posits that a plaintiff is a prevailing party if it achieves the desired result because the lawsuit ..... such history is clearly insufficient to alter the clear meaning of prevailing party in the fee shifting statutes given this meaning this .....

Hensley Vs. Eckerhart

Court: US Supreme Court

..... both delays in payment and the prelitigation likelihood that the claims which did in fact prevail would prevail footnote 2 8 copeland v marshall supra at 402 403 641 f 2d at 892 ..... not become litigated issues in the case or upon which plaintiffs ultimately did not prevail since plaintiffs prevailed on the merits and achieved excellent results for the represented class plaintiffs counsel are .....

i.T.C. Ltd. Vs. Commissioner of Central Excise

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in: (1998)(62)ECC591

..... documents seized showed pricing strategy adopted by itc visualized that higher effective prices should prevail the documents evidenced intention to keep effective prices at desired level in comparison with ..... the document referred to 21 brands for 13 brands the adjudicating authority adopted prices prevailing for those brands in previous period c according to the learned counsel the adjudicating .....

Ruckelshause Vs. Sierra Club

Court: US Supreme Court

..... clear that it was adopting a stringent standard indeed it noted that even a prevailing or substantially prevailing party might not substantially contribute to the goals of the clean air act and ..... have amended s 252 to give courts discretion to award fees and costs to prevailing and partially prevailing parties footnote 2 28 section 307 applies not only to nationwide rules imposing potential .....

Camreta Vs. Greene

Court: US Supreme Court

..... 598 603 1821 the rule against hearing appeals or accepting petitions for certiorari by prevailing parties is related to the article iii prohibition against issuing advisory opinions this principle ..... s 211 219 1995 internal quotation marks omitted the rule against hearing appeals by prevailing parties applies in countless situations many involving government parties deficient performance may not yield .....

S.P. Gupta Vs. President of India and ors.

Court: Supreme Court of India

Reported in: AIR1982SC149; 1981Supp(1)SCC87; [1982]2SCR365

..... like we have taken care that in effecting these transfers no such considerations ought to prevail transfers ought to take place only on the ground of convenience of general administration consequently ..... whether such advice interferes with the basic structure of the constitution what is the practice prevailing in some other countries vi article 224 1 appointment of additional judges history the manner .....

M/s. Ghodawat Industries (india) Pvt Ltd Vs. Additional Chief Secretar ...

Court: Karnataka Dharwad

..... both sections are inclusive of each other and therefore the question of charging section prevailing over definition clause may not arise for consideration 13 on reassessment notices learned ..... the definition clause under section 2a 8 a introduces additional criteria such as the prevailing market price which can potentially lead to conflicting interpretations especially in cases involving stock .....

Delhi High Court Bar Association and anr. Vs. Govt. of Nct of Delhi an ...

Court: Delhi

..... ii all that the president is considering is an earlier law parliamentary or otherwise which prevailed in delhi whether requirements of presidential consideration and assent under articles 239aa and 254 are ..... even though the law made by the parliament would have supremacy after considering the situation prevailing in the state and after considering the repugnancy between the state legislation and the .....