Court : US Supreme Court
Warren Trading Post Co. v. Arizona Tax Comm'n - 380 U.S. 685 (1965) U.S. Supreme Court Warren Trading Post Co. v. Arizona Tax Comm'n, 380 U.S. 685 (1965) Warren Trading Post Co. v. Arizona Tax Commission No. 115 Argued March 9, 1965 Decided April 29, 1965 380 U.S. 685 APPEAL FROM THE SUPREME COURT OF ARIZONA Syllabus Appellant, the operator of a retail trading post on the Navajo Indian Reservation under a license granted by the Commissioner of Indian Affairs pursuant to 25 U.S.C. 261, challenged the right of Arizona to levy a tax on its income from trading with reservation Indians on the reservation. The State Supreme Court upheld the tax. Held: Since Congress has broadly occupied the field of trading with Indians on reservations by all-inclusive regulations and statutes, the States may not impose additional burdens on the traders or the Indians, and therefore this tax may not be imposed on appellant. Pp. 380 U. S. 686 -692. 95 Ariz. 110, 387 P. 2d 809, reversed and re...
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Commissioner v. Estate of Noel - 380 U.S. 678 (1965) U.S. Supreme Court Commissioner v. Estate of Noel, 380 U.S. 678 (1965) Commissioner of Internal Revenue v. Estate of Noel No. 503 Argued April 1, 1965 Decided April 29, 1965 380 U.S. 678 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT Syllabus Just prior to boarding an airplane which later crashed in flight, decedent applied for flight insurance policies, naming his wife as beneficiary. The policies, which granted the insured the right to assign them or to change the beneficiary, were handed to the wife, who was paid their face value following the decedent's death from the crash. The petitioner determined that the proceeds should have been included in the estate tax return pursuant to 26 U.S. C. 2042 (2), which requires inclusion of amounts received by beneficiaries from insurance on the life of the decedent if, at his death, he possessed any of the incidents of ownership. The Tax Court sustained th...
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One 1958 Plymouth Sedan v. Pennsylvania - 380 U.S. 693 (1965) U.S. Supreme Court One 1958 Plymouth Sedan v. Pennsylvania, 380 U.S. 693 (1965) One 1958 Plymouth Sedan v. Pennsylvania No. 294 Argued March 31, 1965 Decided April 29, 1965 380 U.S. 693 CERTIORARI TO THE SUPREME COURT OF PENNSYLVANIA Syllabus State liquor enforcement officers, without a warrant, stopped and searched an automobile which was "low in the rear, quite low," and found 31 cases of liquor therein. The State filed a petition for forfeiture of the car, which the trial judge, after finding that the officers acted without probable cause, dismissed on the ground that the forfeiture depended on the admission of illegally obtained evidence in violation of the Fourth Amendment as applied to the States by the Fourteenth. The State Supreme Court, without reviewing the finding of lack of probable cause, reversed on the basis that the exclusionary rule applies only to criminal prosecutions, and not to forfeitures, wh...
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Griffin v. California - 380 U.S. 609 (1965) U.S. Supreme Court Griffin v. California, 380 U.S. 609 (1965) Griffin v. California No. 202 Argued March 9, 1965 Decided April 28, 1965 380 U.S. 609 CERTIORARI TO THE SUPREME COURT OF CALIFORNIA Syllabus Comment to the jury by a prosecutor in a state criminal trial upon a defendant's failure to testify as to the matters which he can reasonably be expected to deny or explain because of facts within his knowledge or by the court that the defendant's silence under those circumstances evidences guilt violates the Self-Incrimination Clause of the Fifth Amendment of the Federal Constitution, as made applicable to the States by the Fourteenth, Malloy v. Hogan, 378 U. S. 1 . 380 U. S. 610 -615. 60 Cal.2d 182, 383 P.2d 432, reversed. MR. JUSTICE DOUGLAS delivered the opinion of the Court. Petitioner was convicted of murder in the first degree after a jury trial in a California court. He did not testify at the trial on the issue of g...
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FTC v. Consolidated Foods Corp. - 380 U.S. 592 (1965) U.S. Supreme Court FTC v. Consolidated Foods Corp., 380 U.S. 592 (1965) Federal Trade Commission v. Consolidated Foods Corp. No. 422 Argued March 10-11, 1965 Decided April 28, 1965 380 U.S. 592 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT Syllabus Respondent, a large, diversified company, which owns food processing plants and a network of wholesale and retail food stores, in 1951 acquired Gentry, Inc., a manufacturer of dehydrated onion and garlic. Gentry, before the merger, had about 32% of the sales of those products, and, with its chief competitor, accounted for about 90% of the total industry sales. By 1958, in an expanding market, Gentry had 35% of the sales, and the combined share with its principal competitor remained about 90%. After the merger, respondent attempted to induce reciprocal buying of Gentry's products by respondent's suppliers. The Federal Trade Commission held that the ac...
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Paragon Jewel Coal Co., Inc. v. Commissioner - 380 U.S. 624 (1965) U.S. Supreme Court Paragon Jewel Coal Co., Inc. v. Commissioner, 380 U.S. 624 (1965) Paragon Jewel Coal Co., Inc. v. Commissioner of Internal Revenue No. 134 Argued March 8, 1965 Decided April 28, 1965 * 380 U.S. 624 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT Syllabus Petitioner Paragon Jewel Coal Company (Paragon), lessee of coal lands, made substantial investments preparatory to the mining of the coal, but made agreements with contract miners who were actually to mine the coal at their own expense and deliver it to Paragon at a price per ton to be fixed by Paragon. The coal was mined by drift-mining, a costly and time-consuming process. All equipment used by the miners except buildings and connecting roadways could be removed, and several miners, who were not bound to continue, sold their equipment to others. The miners paid nothing for the privilege of mining, they acquired ...
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Railway Clerks v. Employees Ass'n - 380 U.S. 650 (1965) U.S. Supreme Court Railway Clerks v. Employees Ass'n, 380 U.S. 650 (1965) Brotherhood of Railway & Steamship Clerks, Freight Handlers, Express & Station Employees v. Association for the Benefit of Noncontract Employees No. 138 Argued March 4, 1965 Decided April 28, 1965 * 380 U.S. 650 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT Syllabus The Brotherhood of Railway and Steamship Clerks (Brotherhood) filed with the National Mediation Board (Board) an application under 2, Ninth of the Railway Labor Act, which, as later amended, requested investigation of a representation dispute among the "clerical, office, stores, fleet and passenger service" employees of United Air Lines (United). The Board had determined that grouping to be appropriate for collective bargaining in a case (R-1706) decided in 1947 after an extensive hearing in which United and other airlines, by invitation, ga...
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Armstrong v. Manzo - 380 U.S. 545 (1965) U.S. Supreme Court Armstrong v. Manzo, 380 U.S. 545 (1965) Armstrong v. Manzo No. 149 Argued March 9, 1965 Decided April 27, 1965 380 U.S. 545 CERTIORARI TO THE COURT OF CIVIL APPEALS OF TEXAS, EIGHTH SUPREME JUDICIAL DISTRICT Syllabus Petitioner and his wife were divorced by a Texas court. Custody of their only child was granted to the respondent mother, and petitioner was ordered to pay a monthly sum for the child's support. The mother thereafter married respondent Manzo, who, two years later, sought to become the child's adoptive father. State law requires the natural father's written consent to adoption, an exception existing if he has not substantially contributed to the child's support for two years commensurate with his financial ability. In that case, the written consent of the juvenile court judge in the county of the child's residence may be accepted. The mother filed an affidavit in her county juvenile court alleging petit...
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General Motors Corp. v. District of Columbia - 380 U.S. 553 (1965) U.S. Supreme Court General Motors Corp. v. District of Columbia, 380 U.S. 553 (1965) General Motors Corp. v. District of Columbia No. 352 Argued March 10, 1965 Decided April 27, 1965 380 U.S. 553 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT Syllabus The District of Columbia Income and Franchise Tax Act of 1947 imposes a franchise tax on corporations engaging in trade or business within the District, which is measured by that portion of the net income which "is fairly attributable to any trade or business carried on or engaged in within the District." The Act provides that if the corporation's trade or business is carried on both within and without the District, the net income derived therefrom shall be deemed to be income from sources within and without the District. Pursuant to statutory authority, the District Commissioners issued regulations providing that, where i...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1966SC361; [1966]1SCR110
Sarkar, J. 1. By an unregistered instrument of lease dated February 3, 1953, therespondent let out a piece of vacant land in the town of Coimbatore to theappellants for the term of one year at a rent of Rs. 30/- per month. Thetenants held over after the expiry of the term reserved and the tenancy wascontinued. The lease provided that the tenants 'shall not raise anybuilding whatsoever in the vacant site' but they committed a branch of thecovenant by putting up a building on the land. 2. On December 4, 1956, the lessor filed a suit for ejectment of the tenantsand their sub-tenants. Pending the suit, the Madras City Tenants' ProtectionAct, 1921, was on February 19, 1958 made applicable to the town of Coimbatoreand thereupon the tenants made an application in the suit under s. 9 of the Actfor an order directing the lessor to sell the land to them. The trial Court, alearned Sub- Judge in first appeal and Anantanarayanan J. in second appeal tothe High Court of Madras held that the tenants w...
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