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Judgment Search Results Home > Cases Phrase: ancient hindu law Sorted by: recent Year: 1974 Page 10 of about 171 results (0.067 seconds)

May 15 1974 (FN)

Calero-toledo Vs. Pearson Yacht Leasing Co.

Court : US Supreme Court

Decided on : May-15-1974

..... was made, and, so far as we know, only one marihuana cigarette was found on the yacht. we deal here with trivia where harsh judge-made law should be tempered with justice. i realize that the ancient law is founded on the fiction that the inanimate object itself is guilty of wrongdoing. united states v. united states coin & currency, 401 u. s. 715 ..... applicable provisions of the federal constitution, the puerto rican federal relations act and the acts of congress authorizing and approving the constitution, as may be interpreted by judicial decision. those laws which directed or authorized interference with matters of local government by the federal government have been repealed.'" 28 dept. of state bull. 584, 587 (1953). but cf. note, puerto ..... statutes to the property of innocents. [ footnote 25 ] forfeiture of conveyances that have been page 416 u. s. 687 used -- and may be used again -- in violation of the narcotics laws fosters the purposes served by the underlying criminal statutes, both by preventing further illicit use of the conveyance and by imposing an economic penalty, thereby rendering illegal behavior unprofitable. see ..... conviction. see 2 f. pollock & f. maitland, supra, n 18, at 165-166; 3 w. holdsworth, history of english law 280 and n. 3 (3d ed.1927). mitigation with respect to deodands was less formalized: "it seems also clear from the ancient authorities that jurors always determined the amount of deodand to be imposed with great moderation, and with a due regard .....

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May 15 1974 (FN)

Bradley Vs. School Bd. of Richmond

Court : US Supreme Court

Decided on : May-15-1974

..... appear to have been anticipated by mr. chief justice marshall in schooner peggy when he noted that, in "great national concerns . . . , the court must decide according to existing laws." 1 cranch at 5 u. s. 110 . indeed, the circumstances surrounding the passage of 718, and the numerous expressions of congressional concern and intent with respect to the enactment ..... 390 u. s. 402 (1968), the district judge held that plaintiffs in actions of this kind were acting as private attorneys general in leading school boards into compliance with the law, thereby effectuating the constitutional guarantee of nondiscrimination and rendering appropriate the award of counsel fees. 53 f.r.d. at 41-42. the court of appeals, in reversing, ..... its general equity power. [ footnote 8 ] first, the court observed that prior desegregation decisions demonstrated the propriety of awarding counsel fees when the evidence revealed obstinate noncompliance with the law or the use of the judicial process for purposes of harassment or delay in affording rights clearly owed. [ footnote 9 ] applying the test enunciated by the fourth circuit page ..... acting as "private attorneys general," newman v. piggie park enterprises, inc., 390 u. s. 400 , 390 u. s. 402 , in leading the school board into compliance with the law, thus effectuating the constitutional guarantees of nondiscrimination. the court of appeals reversed, stressing that, "if such awards are to be made to promote the public policy expressed in legislative action .....

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May 15 1974 (FN)

Bob Jones Univ. Vs. Simon

Court : US Supreme Court

Decided on : May-15-1974

..... second, in practical effect, it gives a greater finality to irs decisions than we would want or congress intended. third, it inhibits the growth of a body of case law interpretative of the exempt organization provisions that could guide the irs in its further deliberations." mr. justice blackmun, concurring in the result. i concur in the court's ..... of -- " " * * * *" "(2) a corporation, trust, or community chest, fund, or foundation --" "(a) created or organized in the united states or in any possession thereof, or under the law of the united states, any state, the district of columbia, or any possession of the united states;" "(b) organized and operated exclusively for religious, charitable, scientific, literary, or educational purposes ..... well merit consideration. but this matter is for congress, which is the appropriate body to weigh the relevant, policy-laden considerations, such as the harshness of the present law, the consequences of an unjustified revocation of 501(c)(3) status, the number of organizations in any year threatened with such revocation, the comparability of those organizations to ..... denying injunctive relief to petitioner under the standards of william packing, supra, will not, because of alleged irreparable injury pending resort to alternative remedies, deny petitioner due process of law, since this is not a case where an aggrieved party has no access at all to judicial review. the review procedures that are available are constitutionally adequate, even though .....

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May 15 1974 (FN)

Alexander Vs. americans United, Inc.

Court : US Supreme Court

Decided on : May-15-1974

..... for philanthropic activity." "private foundations play a significant part in the work of philanthropy. while the foundation is a relatively modern development, its predecessor, the trust, has ancient vintage. like its antecedent, the foundation permits a donor to commit to special uses the funds which he gives to charity. . . . in these ways, foundations have enriched and ..... . second, in practical effect it gives a greater finality to irs decisions than we would want or congress intended. third, it inhibits the growth of a body of case law interpretive of the exempt organization provisions that could guide the irs in its further deliberations." ibid. [ footnote 2/15 ] see note, procedural due process limitations on the suspension ..... daily tax report, aug. 30, 1973, p. j-1. [ footnote 2/8 ] the value of philanthropic organizations must be balanced against the revenue-raising objectives of the tax laws. some of the factors to be weighed in this balance are reflected in the 1965 treasury department report on private foundations: "private philanthropic organizations can possess important characteristics which modern ..... the use of: "a corporation, trust, or community chest, fund, or foundation --" "(a) created or organized in the united states or in any possession thereof, or under the law of the united states, any state, the district of columbia, or any possession of the united states;" "(b) organized and operated exclusively for religious, charitable, scientific, literary, or educational .....

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May 13 1974 (FN)

Mitchell Vs. W. T. Grant Co.

Court : US Supreme Court

Decided on : May-13-1974

..... 416 u. s. 605 louisiana sequestration procedure is not invalid either on its face or as applied. sequestration under the louisiana statutes is the modern counterpart of an ancient civil law device to resolve conflicting claims to property. historically, the two principal concerns have been that, pending resolution of the dispute, the property would deteriorate or be wasted in ..... v. kelly, supra; arnett v. kennedy, supra. in my view, the constitutional guarantee of procedural due process is fully satisfied in cases of this kind where state law requires, as a precondition to invoking the state's aid to sequester property of a defaulting debtor, that the creditor furnish adequate security and make a specific factual showing before ..... it seems to me, however, that it was unnecessary for the fuentes opinion to have adopted so broad and inflexible a rule, especially one that considerably altered settled law with respect to commercial transactions and basic creditor-debtor understandings. narrower grounds existed for invalidating the replevin statutes in that case. i the constitutional guarantee of procedural due process ..... an appeal, or for the issuance of a writ of attachment or of sequestration, or for the release of property seized under any writ, unless fixed by law; appoint an attorney at law to represent a nonresident, absent, incompetent, or unrepresented defendant; or dismiss without prejudice, on application of plaintiff, an action or proceeding in which no exception, answer .....

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May 13 1974 (FN)

Donnelly Vs. Dechristoforo

Court : US Supreme Court

Decided on : May-13-1974

..... e.2d 100. the court of appeals was also divided, 473 f.2d 1236. our federal district courts and courts of appeals are much closer to law administration in the respective states than are we in washington, d.c. they are responsible federal judges who know the federal constitution as well as we ..... -- both state and federal -- and it is also a restraint on prosecutors who are officers of the court. our activist tendencies should promote not law and order, but constitutional law and order. judges. too, can be tyrants, and often have been. prosecutors are often eager to take almost any shortcut to win, yet, ..... admonish the prosecutor or tell the jury to disregard the statement, though it did cover the matter later in its general instructions. i as a matter of federal law, the introduction of a withdrawn plea of guilty is not admissible evidence, kercheval v. united states, 274 u. s. 220 . as a matter of ..... it shall win a case, but that justice shall be done. as such, he is, in a peculiar and very definite sense, the servant of the law, the twofold aim of which is that guilt shall not escape or innocence suffer. he may prosecute with earnestness and vigor -- indeed, he should do so ..... process was shown. mr. justice stewart, with whom mr. justice white joins, concurring. i agree with my brother douglas that, when no new principle of law is presented, we should generally leave undisturbed the decision of a court of appeals that upon the particular facts of any case habeas corpus relief should be .....

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May 13 1974 (FN)

United States Vs. Chavez

Court : US Supreme Court

Decided on : May-13-1974

..... and studied report in which the senate judiciary committee offered an explanation and justification for each clause of the bill. i cannot believe that congress perversely required law enforcement officials to jump through statutory hoops it considered unnecessary to the goal of protecting individual privacy from unwarranted electronic invasions. on the contrary, the history ..... discussion of the authorization requirement of 2516, the senate report states: "this provision centralizes in a publicly responsible official subject to the political process the formulation of law enforcement policy on the use of electronic surveillance techniques. centralization will page 416 u. s. 590 avoid the possibility that divergent practices might develop. should abuses occur ..... excessive cautiousness which led to some redundancy in drafting the protective provisions of 2518(10)(a), or foolishness which led congress to enact statutory provisions for law enforcement officials to scurry about satisfying when it did not consider the provisions significant enough to enforce by suppression. in view of the express prohibition by ..... though legislation to regulate the interception of wire and oral communications had been considered by congress earlier, the proposed statute drafted for the president's commission on law enforcement and administration of justice appears to have been the first published proposal to contain a requirement that the application for interception authority should specify "who authorized .....

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May 09 1974 (HC)

State of Rajasthan Vs. Balmukand

Court : Rajasthan

Decided on : May-09-1974

Reported in : 1974WLN367

..... of the constitution by the kerala legislative assembly and there was no question in that case of enforcement of directive principles in a court of law. it was observed by their lord- ships that a harmonious construction should be adopted. in this case they observed at page 966:while ..... lordships, were made by the respective legislature. their lordships observed that these directive principles, it is true, are not enforceable by any court of law and held that harmonious interpretation is to be placed on the constitution with regard to the directive principles and the fundamental rights45. in re the ..... the stage of or in connection with manufacture of them. in the aforesaid case the learned chief justice made an exhaustive survey of the law on the subject and after examining various legislative measures relating to excise duty made the following pertinent observations at page 12 of the report:after ..... for us to examine at this stage. suffice it to say firstly, that the question of legally levying excise duty is essentially a question of law and that is basic and important for the consideration of the arguments advanced in these cases. any vague admission made by the former advocate general ..... sake of convenience 'liquor contractor'. they challenged by their petitions under article 226 of the constitution that the state of rajasthan was unjustified in law in demanding from them moneys which amounted to the excise duty in respect of the liquor which they had not drawn. the state of rajasthan .....

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May 06 1974 (HC)

R.D. Aggarwala and anr. Vs. the Union of India and anr.

Court : Delhi

Decided on : May-06-1974

Reported in : ILR1974Delhi520

..... limited scope. in this connection, reference may usefully be made to the observations of the supreme court in rampur distillery company ltd. v. company law board and another : [1970]2scr177 . in that case, the supreme court considered the nature of the satisfaction contemplated by section 326 of the ..... that it is necessary or expedient for exercising the said power. when the exercise of the power has been challenged in a court of law, the government has to show that such circumstances did exist, and that on a .consideration of those circumstances the government considered it necessary ..... s decision to re-introduce control from january 1, 1968, was neither based on extraneous considerations nor on insufficient grounds or mala fide in law. but purely due to the compulsion of the circumstances and to prevent misappropriations of the freight collections paid by the purchasers to which the ..... not honestly form its opinion, and that in forming it did not apply its mind to the relevant facts and thus acted with mala fides in law in promulgating the impugned cement control order, 1967.(17) in the counter affidavit of mr. g. ramanathan, under secretary, department of industrial development ..... separate order of the same date, granted certificate under article 132(1) of the constitution of india that the cases involved a substantial question of law as to the interpretation of the constitution. on the basis of the said certificates, he petitioners in the writ petitions filed appeals in the supreme .....

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May 03 1974 (SC)

Chandrakant Ganpat Sovitkar and anr. Vs. State of Maharashtra

Court : Supreme Court of India

Decided on : May-03-1974

Reported in : AIR1974SC1290; 1974CriLJ1044; (1975)3SCC16

p. jaganmohan reddy, j.1.these appeals are by special leave against the judgment of the bombay high court confirming the conviction and sentence passed on rajendraprasad devidas mishra a-1 and raghunandan trivedi a-2 under section 161 read with section 34, i.p.c. and section 5(2) read with section 5(1)(d) of the prevention of corruption act. a-1 was also convicted under section 212, i.p.c. the two accused, along with chandrakant ganpat sovitkar a-3, were tried for offences under sections 120-b, 161,201, 212, 217, 218, i.p.c. and section 5(2) read with section 5(1)(d) of the prevention of corruption act, but a-3 was acquitted of all the charges and a-1 and a-2 were convicted and sentenced as aforesaid. a-1 was also convicted by the trial court under section 218, i.p.c. but his conviction and sentence under that section was set aside. the high court in an appeal against acquittal of a-3, partly allowed the appeal and convicted him for offences under section 161 read with section 34, i.p.c. and section 5(2) read with section 5(1)(d) of the prevention of corruption act and sentenced him to suffer one year's rigorous imprisonment on that account. the state appeal against a-3 in regard to other offences was dismissed.2. the prosecution case is that a-1 who was inspector of excise and a-2 who was sub-inspector of excise were both posted at indore. they received certain information that truck no. m. p. e.-5948 was carrying opium from upper india to hyderabad. on receipt of this .....

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