Judgment Search Results Home > Cases Phrase: unlawful activities prevention act 1967 Page 90 of about 15,830 results (0.134 seconds)

Cantor Vs. Detroit Edison Co.

Court : US Supreme Court

..... mode, project its authority into other states, and across the continent, so as to prevent congress from exerting the power it possesses under the constitution over interstate and international commerce, or ..... then explained that the question whether the anticompetitive activity had been required by the state acting as sovereign was the "threshold inquiry" in determining whether it was state action of the type the sherman act was not meant to proscribe. ..... this court has never sustained a claim that otherwise unlawful private conduct is exempt from the antitrust laws because it was permitted or required by ..... the holding company was nonetheless held unlawful, and, to that extent, the law of new jersey was forced to ..... brief in this court, petitioner has also argued that the program constitutes unlawful tying violative of 1 of the sherman act. ..... 42 ] even if the state program had been held unlawful, such a holding would not necessarily have supported a claim that private individuals who had merely conformed their conduct to an invalid program had thereby violated the sherman act. ..... not named any public official as a party to this litigation, and has made no claim that any representative of the state of michigan has acted unlawfully. ..... sections 1 and 2 prohibit unlawful conduct by 'persons,' and the word 'person,' as defined in section 7, in some connections at least, may include ..... of immunity or exemption is in the nature of an affirmative defense to conduct which is otherwise assumed to be unlawful. .....

Associated Gen. Contractors Vs. Carpenters

Court : US Supreme Court

..... 25, which describes the effect of the conspiracy, reads in full as follows: "the purpose and effect of the above described activities, plan and conspiracy are oppressive, unreasonable, and illegal, and are in restraint of trade and an unlawful interference and restraint of the free exercise of the business activities of plaintiffs and each of them, all in violation of 15 u.s.c. ..... ), green had written: "'cause,' although irreducible in its concept, could not escape the ruffles and decorations so generously bestowed: remote, proximate, direct, immediate, adequate, efficient, operative, inducing, moving, active, real, effective, decisive, supervening, primary, original, contributory, ultimate, concurrent, causa causans, legal, responsible, dominating, natural, probable, and others. ..... 532-536; and (3) that the plaintiffs had standing to recover damages for the injury to their own business activities occasioned by the defendants' "industry-wide boycott against all subcontractors with whom the unions had signed agreements. ..... moreover, although coercion against certain firms is alleged, there is no assertion that any such firm was prevented from doing business with any union firms, or that any firm or group of firms was subjected ..... 29 ] this holding was consistent with justice holmes' explanation of a similar construction of the remedial provision of the interstate commerce act a few years later: "the general tendency of the law, in regard to damages at least, is not to go beyond ..... (ca7 1967). .....

Lorillard Tobacco Co. Vs. Reilly

Court : US Supreme Court

..... the harm that the state seeks to prevent is the harm caused by the unlawful activity that is solicited; it is unrelated to the commercial ..... and if speech may be suppressed whenever it might inspire someone to act unlawfully, then there is no limit to the state's censorial power. ..... press conference covering massachusetts' decision to sign the agreement, then-attorney general scott harshbarger announced that as one of his last acts in office, he would create consumer protection regulations to restrict advertising and sales practices for tobacco products. ..... not consider today the circumstances in which location restrictions approximating a total ban might constitute regulation of content and thus be pre-empted by the act, because petitioners have failed to introduce sufficient evidence to create a genuine issue as to that claim. ..... of tobacco manufacturers and retailers, filed this suit asserting, among other things, the supremacy clause claim that the cigarette advertising regulations are pre-empted by the federal cigarette labeling and advertising act (fclaa), which prescribes mandatory health warnings for cigarette packaging and advertising, 15 u. s. c. ..... we held that congress exceeded the limits of its commerce clause power in the gun-free school zones act of 1990, which made it a federal crime to possess a firearm in a school zone. ..... the final result was the public health cigarette smoking act of 1969, in which congress, following the senate's amendments, made three significant changes .....

Hamdi Vs. Rumsfeld

Court : US Supreme Court

..... government to turn over numerous materials for in camera review, including copies of all of hamdi s statements and the notes taken from interviews with him that related to his reasons for going to afghanistan and his activities therein; a list of all interrogators who had questioned hamdi and their names and addresses; statements by members of the northern alliance regarding hamdi s surrender and capture; a list of the dates and locations of ..... 511 (2003) (prisoners of war can be detained during an armed conflict, but the detaining country must release and repatriate them without delay after the cessation of active hostilities, unless they are being lawfully prosecuted or have been lawfully convicted of crimes and are serving sentences (citing arts. ..... authorized to use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on september 11, 2001, or harbored such organizations or persons, in order to prevent any future acts of international terrorism against the united states by such nations, organizations or persons. 2(a). ..... and detention of lawful combatants and the capture, detention, and trial of unlawful combatants, by universal agreement and practice, are important incident[s] of war. ..... 258 , 264 (1967) ( it would indeed be ironic if, in the name of national defense, we would sanction the subversion of one of those liberties which makes the defense of the nation .....

Madhu Vs. the Commissioner of Police, Thane and Another

Court : Mumbai

Reported in : 1986(2)BomCR365

..... true that the detaining authority has used the expression 'there is no other alternative but to detain' and has not specifically stated that having regard to the past activities he had reached the subjective satisfaction to detain him with a view to preventing him from acting in any manner prejudicial to the maintenance of public order. ..... and other workers of the company were having dinner in the hotel situated just near the ajantha paper mill, vadavali, you along with your 10/12 associates formed an unlawful assembly assaulted the complainant and other workers with sticks and caused them injuries only on the ground that they were working in ajantha paper mill. ..... when the complainant and other workers were going to attend their duties in company's motor car, you and your about 20 associates formed an unlawful assembly and way laid the motor car, dragged out the occupants of the car and assaulted the complainant and others with fist blows and sticks and ..... near the gate of company, you and your 5 associates formed with iron bar, knives, formed an unlawful assembly and assaulted the complainant causing him head injury and fracture of left leg. ..... counsel that para 2 of the grounds clearly discloses a total non-application of mind the detaining authority and also shows that the detaining authority considered the detention as a punishment for the unlawful acts attributed to the detenu. ..... formed an unlawful assembly and assaulted the complainant and caused him injuries on his face, chest, .....

Kamal Agency and ors. Vs. the State of Maharashtra

Court : Mumbai

Reported in : AIR1971Bom332; (1970)72BOMLR928

..... (b) of which the petitioners pray for a writ of mandamus under article 226 of the constitution of india against the state of maharashtra ordering the respondents to forbear from doing any act or thing so as to prevent, obstruct or interfere in any manner with the free and unrestricted sale and distribution of and/or leadings in lottery tickets of lotteries organised or conducted by any other state in india ..... the learned counsel for the respondent, has urged certain arguments which can conveniently be reduced to five groups as follows :--(1) under the relevant provisions of the constitution of india a lottery organised and conducted by a state is unlawful unless it is in accordance with a law, if any, enacted by parliament or unless the functions or powers of the government of india have been entrusted to the state government under the provisions of article 258(1);(2) there ..... to protection under article 19(1)(g) or article 301 of the constitution of india, nor has a state any executive power in respect thereof under article 298; and(5) what are excepted under section 32 (b) of the bombay lotteries act are lotteries lawfully organised by a state and therefore, unless a lottery organised by another state is lawful, in the sense that it is authorised, the respondent state is entitled to take action against or in respect ..... not contemplate all activities of even a private lottery to be unlawful; nor does it consider any other activity inconnection with state lottery to be unlawful. ..... 1967 .....

Usha Harshadkumar Dalal Vs. Manibhai Jhaverbhai Patel

Court : Mumbai

Reported in : 1997(4)ALLMR673; 1997(4)BomCR1; (1997)99BOMLR263

..... for preventing the tenant from such illegal activities; but the court, being apprised by the receiver of such illegal activities of a tenant, thereby obstructing the court's overall supervision and concern for preserving or maintaining the property in custodia legis, will be within its right to pass suitable order or direction against the tenant for prevention of illegal and unauthorised activities after giving the tenant reasonable opportunity to place his defences against allegation of unlawful and ..... in areas where any special law governing the incidences of tenancy is not applicable, the law relating to lessor and lessee as envisaged by the general law of the land, namely, transfer of property act, will regulate and determine inter se rights and obligations which a third party may have in respect of a property in which a receiver has been appointed, the receiver, like a party to the suit, will ..... per se illegal and beyond the usual rights of a lessee vis-a-vis the lessor, the lessor or the landlord has not only right to prevent such activities but has also right to take recourse to eviction of the lessee or tenant by bringing an action for eviction in accordance with the provisions of the relevant act. ..... such cases has no jurisdiction to pass orders and directions affecting the right of the tenant protected, controlled or regulated by the rent act on the score of expediency in passing some order or direction for the maintenance and preservation of the property in custodia legis.9. .....

In Re: Hardial Singh S/O Rallia Singh

Court : Punjab and Haryana

Reported in : 1949CriLJ370

..... at the time of ordering the arrest of chhajju ram the deponent was satisfied, from the material before him, that it was necessary to detain him with a view to preventing him from acting in a manner prejudicial to the public safety and maintenance of public peace and that he had arrived at this conclusion after considering the case of the individual detenu on its merits.21. ..... arrest and detention of aho-ram on 26th february 1948 as he was satisfied from the material before him that it was necessary to detain him with a view to preventing him from acting in a manner prejudicial to the public safety and maintenance of public order, and that be had made the aforesaid order often considering the detenu's case on its merits ..... be unlawful by reason of the prejudicial activities of its members and any members of such association are reason, ably believed to have themselves participated in such activities, i do not consider as objectionable the use against such persons of the emergency powers of the executive meant for the prevention of such activities. ..... is anything on the record throwing the least doubt on the correctness of the averments contained in the affidavit of the arresting officer or if there are allegations made by the petitioner which if substantiated will make the act of the arresting officer mala fide, and he is sought to be cross examined with reference to these allegations, it will certainly be a case in which the arresting officer should be called for examination in court .....

The State of Bombay Vs. Atma Ram Sridhar Vaidya

Court : Supreme Court of India

Reported in : AIR1951SC157; 1951CriLJ373; (1951)IMLJ389(SC); [1951]2SCR167

..... wording of section 3 therefore before the government can pass an order of preventive detention it must be satisfied with respect to the individual person that his activities are directed against one or other of the three objects mentioned in the section, and that the detaining authority was satisfied that it was necessary to prevent him from acting in such a manner. ..... subjective matter for the authority alone and the court cannot consider or pronounce upon the sufficiency of the grounds on which the satisfaction was based, nevertheless, the continuance of the detention becomes unlawful if the same grounds when communicated, be found to be vague and devoid of particulars so as to render the making of a representation by the detenue somewhat difficult. ..... if this procedure is not complied with, detention under the act may well be held to be unlawful, as it would then be deprivation of personal liberty which is not in accordance with the procedure ..... we have, therefore, to consider whether the detention validly brought about becomes unlawful by reason of subsequent non-compliance with the procedural requirements laid down in clause (5) of article 22, for if there is such non-compliance, the detenue from that moment must be held to be deprived of his liberty otherwise ..... and do not disclose the substance of the information on which the detention has been based, there would be no real compliance with the procedure prescribed by article 22(5), and the detention must, it is claimed, by unlawful. .....

Regina Vs. J (Appellant) (on Appeal from the Court of Appeal (Criminal ...

Court : House of Lords

..... age of 16 cannot in law give any consent which would prevent an act being an assault for the purposes of this section." 13. ..... of law of general public importance certified by the court of appeal (criminal division) under section 33(2) of the criminal appeal act 1968 in this case is: "whether it is an abuse of process for the crown to prosecute a charge of indecent assault under section 14(1) of the sexual offences act 1956 in circumstances where the conduct upon which that charge is based is an act of unlawful sexual intercourse with a girl under the age of 16 in respect of which no prosecution may be commenced under section ..... having reviewed a body of authority relied on by one or other party, the court concluded, at pp1601-1603: (1) that "the substantive offence of indecent assault is plainly apt to cover the act of penile penetration involved in sexual intercourse and of the various acts of fondling and foreplay which precede it" (para 31); (2) that selection of an appropriate charge generally lies within the discretion and responsibility of the crown (para 32); (3) that the court nonetheless reserves to ..... the time-limited offence of unlawful sexual intercourse, but was extended to consensual activities with girls under 16 afterwards ..... relating to sexual offences in 1960, 1967, 1976, 1985, 1992 and 1993, but it did not (until it enacted schedule 7 to the sexual offences act 2003) abrogate or amend the 12 month time limit enacted in paragraph 10(a) of schedule 2 to the 1956 act. .....