Court : US Supreme Court
Decided on : Mar-04-1985
Air France v. Saks - 470 U.S. 392 (1985) U.S. Supreme Court Air France v. Saks, 470 U.S. 392 (1985) Air France v. Saks No. 83-1785 Argued January 15, 1985 Decided March 4, 1985 470 U.S. 392 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus Article 17 of the Warsaw Convention makes air carriers liable for injuries sustained by a passenger "if the accident which caused the damage so sustained took place on board the aircraft or in the course of any of the operations of embarking or disembarking." Respondent, while a passenger on petitioner's jetliner as it descended to land in Los Angeles on a trip from Paris, felt severe pressure and pain in her left ear, and the pain continued after the jetliner landed. Shortly thereafter, respondent consulted a doctor, who concluded that she had become permanently deaf in her left ear. She then filed suit in a California state court, alleging that her hearing loss was caused by negligent maintenance and oper...
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-01-1985
Reported in : AIR1985SC1293; 1986(1)ARBLR135(SC); 1985(2)SCALE410; 1985Supp(1)SCC280; [1985]3SCR26; [1985]60STC213(SC)
1. These two Appeals by Special Leave granted by this Court are against the judgment and order of the Orissa High Court allowing 209 writ petitions under Article 226 of the Constitution of India filed before it.Genesis of the Appeals.2. On May 23, 1977, the Government of Orissa in the Finance Department issued two Notifications under the Orissa Sales Tax Act 1947 (Orissa Act XIV of 1947). We will hereinafter for the sake of brevity refer to this Act as 'the Orissa Act'. These Notifications were Notification S.R.O. 372/77 and Notification S.R.O No. 373/77. Notification S.R.O. No. 372/77 was made in exercise of the powres conferred by Section 3-B of the Orissa Act and Notification S.R.O. No. 373/77 was made in exercise of the powers conferred by the first proviso to Sub-section (1) of Section 5 of the Orissa Act. We will refer to these Notifications in detail in the course of this judgment but for the present suffice it to say that notification S.R.O. No. 372/77 amended notification No. ...
Tag this Judgment!Court : Supreme Court of India
Decided on : Jul-10-1985
Reported in : AIR1986SC180; 1985(2)SCALE5; (1985)3SCC545; [1985]Supp2SCR51
Y.V. Chandrachud, C.J.1. These Writ Petitions portray the plight of lakhs of persons who live on pavements and in slums in the city of Bombay. They constitute nearly half the population of the city. The first group of petitions relates to pavement dwellers while the second group relates to both pavement and Basti or Slum dwellers. Those who have made pavements their homes exist in the midst of filth and squalor, which has to be seen to be believed. Rabid dogs in search of stinking meat and cats in search of hungry rats keep them company. They cook and sleep where they ease, for no conveniences are available to them. Their daughters, come of age, bathe under the nosy gaze of passers by, unmindful of the feminine sense of bashfulness. The cooking and washing over, women pick lice from each other's hair. The boys beg. Menfolk, without occupation, snatch chains with the connivance of the defenders of law and order; when caught, if at all, they say : 'Who doesn't commit crimes in this city?...
Tag this Judgment!Court : Supreme Court of India
Decided on : May-03-1985
Reported in : 1985(Supp)SCC476; [1985]Supp1SCR145
..... enforce any decree or order directing the refund of any such fee; 97. the market fee levied on and collected from sellers under the substituted section 65(1) of the act went to the credit of the karnataka roads and bridges fund under sub-section (3). sub-section (3) had been omitted by amendment act 17 ..... desirable that the market committees should adopt some reasonable procedure in that behalf and that the amendment of section 148(1) of the act made by ordinance 22 of 1981 was only intended to cure the ..... committees in planning developmental projects. departure from these norms and standards shall, of course, be permissible on grounds of special requirements of individual ..... would be the nature of the services, when and how it should be rendered and in what measure is entirely a matter for the market committees to decide or determine. so long as the money ..... pharmaceuticals ltd. and ors. etc. v. state of bihar and ors. : [1985]154itr64(sc) etc., ramesh chandra etc. v. state of ..... could not be reckoned as for rendering special service to the buyers.54. after considering the above proposals and estimates and the arguments advanced ..... registration, yet on 13 of october, 1983, tobacco board applied to the market committee for the grant of licence to it. the position is not clear but it is fully manifest that both acts can operate in their respective fields and there is no repugnancy if both the acts are considered in the light of their respective true nature and character. while giving due weight .....
Tag this Judgment!Court : Delhi
Decided on : May-21-1985
Reported in : AIR1986Delhi128
S.S. Chadha, J.(1) This batch of writ petitions under Article 226 of the Constitution of India challenge certain decisions made by the Army Welfare Housing Organisation. Director General of Army Welfare Housing Organisation and Adjutant General, Army Headquarters who is the Chairman of Army Welfare Housing Organisation. Chief of the Army Staff and Union of India have also been imp leaded as respondents. The allegations are that they have violated the provisions of the Memorandum, Rules and Regulations of the organization as well as bye-laws contained in the Master Brochure, 1979.(2) A preliminary objection is raised by Mr. K.S. Bindra, the learned counsel on behalf of the respondents about the maintainability of the writ petitions. The respondents contend that Army Welfare Housing Organisation (for short WHO) is a welfare organisation registered under the Societies Act, Xxi of 1860 having its head office at Kashmir House, Army Headquarters, New Delhi. who being a voluntary organisation...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-01-1985
Reported in : (1986)ILLJ145AP
Introduction :- 1. Sodam Kohinoor was married to Sodam Prasadarao and has three minor children. The husband is an employee of M/s. Bharat Heavy Plates and Vessels Limited, Visakhapatnam, which is a wholly Government owned and controlled company and is, therefore, an instrumentality of the State, within the meaning of Part III of the Constitution. The husband took on lease from that company, presumably on subsidised rates, quarters No. F-134 owned by that company where he set up his family. While the husband and wife were living together in that quarters which was made their matrimonial home by the apparent consent of the company, differences developed between them, leading to their estrangement and finally to the wife going to a court charging her husband with criminal neglect to maintain her and her three minor children. The Judicial First Class Magistrate, Kovvur, who inquired into that Charge in M.C. No. 70/80 upheld the wife's contention and granted maintenance decree. Under that o...
Tag this Judgment!Court : US Supreme Court
Decided on : Jul-01-1985
Thomas v. Union Carbide - 473 U.S. 568 (1985) U.S. Supreme Court Thomas v. Union Carbide, 473 U.S. 568 (1985) Thomas v. Union Carbide Agricultural Products Co. No. 84-497 Argued March 26, 1985 Decided July 1, 1985 473 U.S. 568 APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK Syllabus The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) requires manufacturers of pesticides, as a precondition for registering a pesticide, to submit research data to the Environmental Protection Agency (EPA) concerning the product's health, safety, and environmental effects, and authorizes EPA to use previously submitted data in considering an application for registration of a similar product by another registrant ("follow-on" registrant). Section 3(c)(1)(D)(ii) of FIFRA authorizes EPA to consider certain previously submitted data only if the "follow-on" registrant has offered to compensate the original registrant for use of the data, and provides for...
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-19-1985
Reported in : AIR1986SC1370; [1986]59CompCas548(SC); (1986)1CompLJ91(SC); 1986(8)ECC189; 1985(2)SCALE1289; (1986)1SCC264; [1985]Supp3SCR909
ORDER TO ENABLE THE GOVERNMENT TO TAKE DECISION(.)The Importance of 2nd May, 1983 so frequently mentioned in the telex message is apparently because 2nd May, 1983 was fixed as the cut-off dale for the introduction of the ceiling of 5 per cent in shares of Indian companies by to foreign investors of Indian origin by the Circular No. I/, dated May 16, 1983 issued by the Reserve Bank of India.41. In the meanwhile, on 31.5.83, Punjab National Bank wrote to Escorts Limited incoming them that the thirteen overseas companies had been, making investments in sharer i Escorts Limited in terms, of the scheme for investment by overseas corporate bodies predominantly owned by non-residents of Indian nationality/origin to an extent to extent 60 per cent and that the thirteen overseas had designated them as their banker and M/s. Raja Ram Bhasin & Co. had been designated as the brokers for the purpose of investment. The brokers had advised the bank that up to 28th April, 83, 75,000 equity shares of Es...
Tag this Judgment!Court : US Supreme Court
Decided on : Mar-20-1985
..... would avoid the court's measuring police conduct according to a virtually standardless yardstick. finally, dissolving the brevity requirement into the general standard that the seizure simply be reasonable ..... of resources a community is willing to devote to law enforcement, officials in one community may act with due diligence in holding an individual ..... but in the brevity of it." 1 w. lafave & j. israel, criminal procedure 3.8, p. 297 (1984). consistent with the rationales that make ..... and asked savage for his driver's license and the truck's vehicle registration. savage produced his own florida driver's license and a bill of ..... that the government had barely established reasonable suspicion "by the greater weight of the evidence," but that it had not shown sufficient suspicion ..... which the fugitive was the respondent as well as to one in which the fugitive was the petitioner. [ footnote 4/17 ] see hayburn's case, 2 dall. 409 (1792). following that decision, this court ..... , 469 u. s. 221 , 469 u. s. 235 (1985) ("[a] detention might well be so lengthy or intrusive as to exceed the ..... flashing light that could be attached to the dash. see 4 record 54. [ footnote 3/13 ] on the stand, the officers disagreed as to which ..... enforcement vehicle by means of a siren or flashing light. any attempt to increase the speed of a vehicle or in other manner avoid the pursuing law enforcement vehicle when signaled by a siren or flashing light shall constitute prima facie evidence of a violation of this section .....
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