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Judgment Search Results Home > Cases Phrase: the pondicherry dramatic performances act 1965 Sorted by: old Court: us supreme court Page 14 of about 299 results (0.138 seconds)

Apr 22 1987 (FN)

Mccleskey Vs. Kemp

Court : US Supreme Court

..... 319 , however, does not diminish the fact that capital punishment is the most awesome act that a state can perform. ..... in its broadest form, mccleskey's claim of discrimination extends to every actor in the georgia capital sentencing process, from the prosecutor who sought the death penalty and the jury that imposed the sentence to the state itself that enacted the capital punishment statute and allows it to remain in effect despite its allegedly discriminatory application. ..... 285 circumstances to exist beyond a reasonable doubt: the murder was committed during the course of an armed robbery, 17-10-30(b)(2); and the murder was committed upon a peace officer engaged in the performance of his duties, 17-10-30(b)(8). ..... [ footnote 31 ] in advocating the adoption of the constitution, alexander hamilton stated: "the friends and adversaries of the plan of the convention, if they agree in nothing else, concur at least in the value they set upon the trial by jury; or if there is any difference between them, it consists in this: the former regard it as a valuable safeguard to liberty, the latter represent it as the very palladium of free government. ..... furthermore, the relative interests of the state and the defendant differ dramatically in the death penalty context. ..... slaton testified that his office still operated in the same manner as it did when he took office in 1965, except that it has not sought the death penalty in any rape cases since this court's decision in coker v. ..... 35 (1965). .....

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Jun 19 1987 (FN)

Goodman Vs. Lukens Steel Co.

Court : US Supreme Court

..... schwartz, from confederation to nation: the american constitution 1835-1877, p.191 (1973) ("the purpose of the act, as explained by lyman trumbull, chairman of the senate judiciary committee, in his address introducing the proposed legislation, was to carry into effect the thirteenth amendment by destroying the discrimination against the negro that existed in the laws of the southern states, particularly the black codes enacted since emancipation"); id. ..... [ footnote 11 ] as found by the court, the facts were that, since 1965, the collective bargaining contract contained an express clause binding both the employer and the unions not to discriminate on racial grounds; that the employer was discriminating against blacks in discharging probationary employees, which the unions were aware of but refused to do anything about by way of filing proffered grievances or otherwise; that the unions had ignored grievances based on instances of harassment which were indisputably racial in nature; and that the unions had ..... performing a like historical analysis of 1981, i conclude that it should be characterized as an action for recovery of damages for interference with contractual relations. ..... [ footnote 2/11 ] personal injury actions are often based upon a single, dramatic event, and depend upon evidence of physical injury or eyewitness testimony that becomes less accessible and less trustworthy with the passage of time. .....

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Jun 25 1987 (FN)

Bowen Vs. Gilliard

Court : US Supreme Court

..... the argument that the requirement that an afdc applicant must assign the support payments to the state, which then, in effect, remits the amount collected to the custodial parent as part of the afdc payment to be used for the benefit of the entire family, modifies the child's interest in the use of the money so dramatically that it constitutes a taking of the child's property is refuted by three pertinent factors. ..... moreover, any diminution in the value of the support payments for the child is mitigated by the extra $50 that the family receives as a result of the assignment, by the extra afdc benefits that are received by the inclusion of an additional family member in the unit, and by the fact that the state is using its own enforcement power to collect the support payments, and is bearing the risk of nonpayment in any given month. ..... as one national study concluded: "the performance of the parental role, especially for males, is linked to the ability to provide material support for the child following marital dissolution. ..... 494, which fills over 700 pages of the statutes at large, includes two major divisions, the tax reform act of 1984 and the spending reduction act of 1984. ..... 453, 456, 139 s.e.2d 732, 734 (1965) (support is "not a property right of the child"). ..... 502 (1965) ("[t]here is a realm of family life which the state cannot enter' without substantial justification") (white, j. .....

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Jan 13 1988 (FN)

Hazelwood Sch. Dist. Vs. Kuhlmeier

Court : US Supreme Court

..... in that regard, the court attempts to justify censorship of the article on teenage pregnancy on the basis of the principal's judgment that (1) "the [pregnant] students' anonymity was not adequately protected," despite the article's use of aliases; and (2) the judgment that "the article was not sufficiently sensitive to the privacy interests of the students' boyfriends and parents. . . ..... [ footnote 7 ] a number of lower federal courts have similarly recognized that educators' decisions with regard to the content of school-sponsored newspapers, dramatic productions, and other expressive activities are entitled to substantial deference. ..... reynolds could reasonably have concluded that the students who had written and edited these articles had not sufficiently mastered those portions of the journalism ii curriculum that pertained to the treatment of controversial issues and personal attacks, the need to protect the privacy of individuals whose most intimate concerns are to be revealed in the newspaper, and "the legal, moral, and ethical restrictions imposed upon journalists within [a] school community" that includes adolescent subjects and ..... iii we also conclude that principal reynolds acted reasonably in requiring the deletion from the may 13 issue of spectrum of the pregnancy article, the divorce article, and the remaining articles that were to appear on the same pages of the newspaper. ..... received grades and academic credit for their performance in the course. ..... 557 -558 (1965); staub v .....

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Apr 26 1988 (SC)

Anil Kumar Neotia and ors. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR1988SC1353; (1988)2CompLJ91(SC); JT1988(2)SC227; 1988(1)SCALE817; (1988)2SCC587; [1988]3SCR738; 1988(2)LC77(SC)

..... of objects and reasons showed that the acquisition of the undertaking had to be resorted to since the order of taking over the management of the company issued under section 18aa of the idr act could not be continued any further.the preamble to the act, however, reiterated that the act provided for the acquisition and transfer of textile undertakings and reiterated only the historical facts that the management of the textile undertakings had been taken over by the central government under section 18aa of the idr act and further that large sums ..... it appears that there was an order made by the central government under section 18aa(1)(a) of the industries (development & regulation) act, 1951 (hereinafter called 'the idr act') for taking over the management of the six undertakings of swadeshi cotton mills, namely (i) swadeshi cotton mills, kanpur (ii) swadeshi cotton mills, pondicherry (iii) swadeshi cotton mills, naini (iv) swadeshi cotton mills, maunath bhanjan (v) udaipur cotton mills, udaipur and (vi) rae bareli textile mills, rae bareli for a period of five years. ..... : [1965]2scr884 according to which even if certain aspects of a question were not brought to the notice of the court it would decline to enter upon re-examination of the question since the decision had been followed in other cases. .....

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Jun 13 1988 (FN)

Allied Tube Vs. Indian Head, Inc.

Court : US Supreme Court

..... circulars, speeches, newspaper articles, editorials, magazine articles, memoranda and all other documents discuss in one way or another the railroads' charges that heavy trucks injure the roads, violate the laws and create traffic hazards, and urge that truckers should be forced to pay a fair share of the costs of rebuilding the roads, that they should be compelled to obey the laws, and that limits should be placed upon the weight of the loads-they are permitted to carry. ..... firms could claim immunity for boycotts or horizontal output restrictions on the ground that they are intended to dramatize the plight of their industry and spur legislative action. ..... " one of the codes it publishes is the national electrical code (code), which establishes product and performance requirements for the design and installation of electrical wiring systems. ..... 4 (1965) (holding that immunity applied, but noting that the trade restraint at issue "was the act of a public official who is not claimed to be a coconspirator" and contrasting continental ore ); continental ore co. v. .....

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Jun 29 1988 (FN)

Riley Vs. Nat'l Fed'n of the Blind

Court : US Supreme Court

..... nonetheless, because the statute is aimed at the commercial aspect of the solicitation, and because the state's interests in enacting the disclosure requirements are sufficiently strong, i cannot conclude that the first amendment prevents the state from imposing the type of disclosure requirement involved here, at least in the absence of a showing that the effect of the disclosure is is to dramatically limit contributions or impede a charity's ability to ..... directly or indirectly for any charitable contribution a professional solicitor shall disclose to the person solicited:" "(1) his name; and," "(2) the name of the professional solicitor or professional fund-raising counsel by whom he is employed and the address of his employer; and" "(3) the average of the percentage of gross receipts actually paid to the persons established for a charitable purpose by the professional fundraising counsel or professional solicitor conducting the solicitation for all charitable sales promotions conducted in this state by that ..... in my view, the distinctions between the statute in this case and those in munson and schaumburg are crucial to the proper first amendment analysis of the act, for they make this act both less burdensome on the protected speech activities of charitable organizations and more carefully tailored to the interests that the state is trying to serve ..... 814 "the modern state owes and attempts to perform a duty to protect the public from those who seek for one purpose or ..... 1965 .....

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Jun 29 1988 (FN)

Thompson Vs. Oklahoma

Court : US Supreme Court

..... 12, 53(1), as amended by the murder (abolition of death penalty) act 1965, 1(5), 4 (abolishing death penalty for juvenile offenders in united kingdom), reprinted in 6 halsbury's statutes 55-56 (4th ed.1985); crimes act, 1961, 16, in 1 reprinted statutes of new zealand 650-651 ( ..... i am also left in some doubt whether this new requirement will be lifted (since its supposed rationale would disappear) when enough states have complied with it to render the nonexistence of a national consensus against such executions no longer doubtful; or only when enough states have done so to demonstrate that there is a national consensus in favor of such executions; ..... equally unacceptable with respect to such offenders, since statistics demonstrate that the vast majority of persons arrested for willful homicide are over 16 at the time of the offense, since the likelihood that the teenage offender has made the kind of cold-blooded, cost-benefit analysis that attaches any weight to the possibility of execution is virtually nonexistent, and since it is fanciful to believe that a 15-year-old would be deterred by the knowledge that a small number of persons his age have been ..... 9:211 (west supp.1988) (official may not perform marriage ceremony in which a minor is a party without parental consent; comments to civ.code ..... and particularly after world war ii, there ensued a steady and dramatic decline in executions -- both in absolute terms and in relation to the number of homicides occurring in the country. w. .....

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Jun 29 1988 (FN)

Coy Vs. Iowa

Court : US Supreme Court

..... " in accordance with that language, this court just recently has recognized once again that the essence of the right protected is the right to be shown that the accuser is real and the right to probe accuser and accusation in front of the trier of fact: "'the primary object of the [confrontation clause] was to prevent depositions or ex parte affidavits . . . ..... in order for the device to function properly, it was necessary to dim the normal courtroom lights and focus a panel of bright lights directly on the screen, creating, in the trial judge's words, "sort of a dramatic emphasis" and a potentially "eerie" effect. ..... being used against the prisoner in lieu of a personal examination and cross-examination of the witness in which the accused has an opportunity, not only of testing the recollection and sifting the conscience of the witness, but of compelling him to stand face to face with the jury in order that they may look at him, and judge by his demeanor upon the stand and the manner in which he gives his testimony whether he is worthy of belief. ..... in november, 1985, at the beginning of appellant's trial, the state made a motion pursuant to a recently enacted statute, act of may 23, 1985, 6, 1985 iowa acts 338, now codified at iowa code 910a.14 (1987), [ footnote 1 ] to allow the complaining witnesses to testify either via closed-circuit television or behind a screen. ..... 542 -543 (1965). ..... 404 (1965). .....

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Oct 27 1988 (SC)

Brij Sunder Kapoor Vs. I Additional District Judge and ors.

Court : Supreme Court of India

Reported in : AIR1989SC572; JT1988(4)SC529; 1988(2)SCALE1418; (1989)1SCC561; [1988]Supp3SCR558

..... where there is abdication or effacement the legislature concerned in truth and in fact acts contrary to the instrument which constituted it and the statute in question would be void and still-born.in the present case it is clear that the pondicherry legislature not only adopted the madras act as it stood at the date when it passed the principal act but also enacted that if the madras legislature were to amend its act prior to the date when the pondicherry government would issue its notification it would be the amended act which would apply. ..... so happened that, between 30th of june 1965 when the pondicherry act was published and the 1st april 1966, which was the notified date for its commencement, the madras legislature had substantially amended the madras act. ..... to exercise, perform and discharge all or any of the powers, functions and duties of the prescribed authority under this act....as explained in the judgment of the district judge in the case under appeal, different types of officers were contemplated under the different definitions. ..... authority' was defined by section 3(e) to mean:a magistrate of the first class, having 3 years experience as such, duly authorised by the district magistrate to exercise, perform and discharge all or any of the powers, functions and duties of the prescribed authority under this act....act 19 of 1974 amended this definition w.e.f. ..... is manifest that the assembly refused to perform its legislative function entrusted under the act constituting it. .....

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