Substantial Factor - Judgment Search Results

Board of Comm'rs, Wabaunsee Cty. Vs. Umbehr

Court: US Supreme Court

..... prove that the conduct at issue was constitutionally protected and that it was a substantial or motivating factor in the termination if the employee discharges that burden the government can escape ..... rules necessitate attentive application of the mt healthy requirement of proof of causation and substantial deference as mandated by pickering connick and waters to the government s reasonable view .....

Ouchakalai Vs. Secretary to Government, Govt. of Tamil Nadu, Prohibiti ...

Court: Chennai

Reported in: 1996CriLJ1517

..... representation and the law of independent consideration by the state government is also a vitiating factor to substantiate this proposition of law learned advocate for the petitioner placed reliance on a decision ..... act from the circumstances of its commission the impact on the people around and such factors constitute the pathology of public disorders these acts could not be isolated from their .....

Administrator, Municipal Committee, Charkhi Dadri and Another Vs. Ramj ...

Court: Supreme Court of India

Reported in: AIR1995SC2329; JT1995(5)SC486; (1995)2MLJ97(SC); (1995)111PLR281; 1995(4)SCALE559; (1995)5SCC272; [1995]Supp2SCR335

..... not deal with or take into consideration what according to us are the several substantial and relevant factors in our respectful opinion the non consideration of the said aspects detracts from the ..... purpose behind them or that they are a mere surplusage b the more important and substantial reason of course is that section 44a does not provide expressly or by necessary implication .....

Workmen Vs. Management of India Forge and Drop Stampings Ltd., and ors

Court: Chennai

Reported in: [1996(74)FLR2052]

..... for the management are in our view not decisive factors sufficient to substantiate their claim of a legal closure the words closure ..... are in our view not decisive factors sufficient to substantiate their claim of a legal closure these factors can only point to the ..... in our view constitute more than sufficient evidence required to substantiate the claim of the workers as also the finding recorded .....

Collector of Customs Vs. Reliance Industries Ltd.

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in: (1995)(80)ELT831TriDel

..... the textile commissioner who is the competent authority in such cases had certified the substantial expansion and recommended grant of duty exemption which recommendation was binding upon the ..... existing installed capacity is the relevant factor and not increase in production capacity since we are concerned with the interpretation of the term substantial expansion in the project import regulations .....

Florida Bar Vs. Went for It, Inc.

Court: US Supreme Court

..... parties competing summary judgment motions to a magistrate judge who concluded that the bar had substantial government interests predicated on a concern for professionalism both in protecting the personal privacy and ..... notes the first of the central hudson factors to be considered is whether the interest the state pursues in enacting the speech restriction is a substantial one ante at 624 the state .....

United States Vs. Lopez

Court: US Supreme Court

..... market it can hardly be denied that a factor of such volume and variability as home consumed wheat would have a substantial influence on price and market conditions this may ..... of congressional acts regulating intrastate economic activity where we have concluded that the activity substantially affected interstate commerce examples include the regulation of intrastate coal mining hodel supra intrastate .....

Mansarover Builders (P) Ltd. Vs. Union of India and ors.

Court: Delhi

Reported in: 60(1995)DLT405; 1995(35)DRJ565; [1996]222ITR91(Delhi)

..... sale yet there was a substantial difference in their valuation on adjustment of the lime and the location factors the land value of c ..... subject of course to certain adjustments dependent upon the various factors namely lime factor that is to say the point of time when ..... subject of course to certain adjustments dependent upon the various factors namely lime factor that is to say the point of time when .....

Maharashtra Shramik Sena Vs. Gabriel India Ltd. and Others

Court: Mumbai

Reported in: [1995(71)FLR775]; (1996)ILLJ639Bom

..... of not more than three months is not sacrosanct and the guiding factor would be whether by that deviation any substantial consequence has followed which would disentitle the applying union to be ..... three months are not inviolable what their lordships pointed out is that there should be substantial compliance and some deviation here or there which is inconsequential will not in validate the .....

Kanpur Plastipack Ltd. Vs. Collector of Central Excise

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in: (1995)(78)ELT31TriDel

..... moisture it is the ldpe which gives the bag an essential characteristic he did not substantiate his contention by citing technical literature as it happens the condensed chemical dictionary ninth ..... the predominance test is not a relevant factor for the purpose of interpretation of exemption notification and it is entirely incumbent upon the appellants to substantiate their claim to the benefit of .....