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Judgment Search Results Home > Cases Phrase: ancient hindu law Year: 1974 Page 14 of about 171 results (0.078 seconds)

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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Mar 26 1974 (FN)

Storer Vs. Brown

Court : US Supreme Court

Decided on : Mar-26-1974

..... even frustration of the democratic process at the general election." 403 u.s. at 403 u. s. 442 . we there upheld the constitutionality of georgia's election laws requiring potential independent candidates to gather the signatures equal to 5% of the total eligible electorate at the last general election for the office in question. however, candidates were ..... the new party centers around a particular candidate for a particular office. for the candidate himself, it would mean undertaking the serious responsibilities of qualified party status under california law, such as the conduct of a primary, holding party conventions, and the promulgation of party platforms. but more fundamentally, the candidate, who is, by definition, an ..... the two alternative procedures, the partisan or the nonpartisan, for nominating candidates for the general election ballot. second, the district court apparently had little doubt that the california law disqualified anyone voting in the primary election, whether or not he confined his vote to nonpartisan offices and propositions. [ footnote 11 ] the state of california asserts this ..... further proceedings should be had in the district court to permit additional findings concerning the extent of the burden imposed on independent candidates for president and vice president under california law, particularly with respect to whether 6831 (1961) and 6833 (supp. 1974) place an unconstitutional restriction on access by appellants hall and tyner to the ballot. pp. 415 .....

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Mar 04 1974 (FN)

Granny Goose Foods, Inc. Vs. Teamsters

Court : US Supreme Court

Decided on : Mar-04-1974

..... force and effect until dissolved or modified by the district court," which would indefinitely extend the superior court's restraining order beyond the time of its normal expiration under state law. since the temporary restraining order, had the case remained in state court, concededly would have expired in early june, respondent's actions in november and december could not have ..... 1968). [ footnote 17 ] fed.rule civ.proc. 52(a) provides that: "in granting or refusing interlocutory injunctions the court shall . . . set forth the findings of fact and conclusions of law which constitute the grounds of its action." where a temporary restraining order has been continued beyond the time limits permitted under rule 65(b), and where the required findings of ..... rendered by the state court." petitioners argue that, since post-removal treatment of an attachment effected in the state court was expressly made dependent on the provisions of state law, while no such express provision was made with respect to injunctions issued by the state court prior to removal, congress must have intended that injunction orders not be controlled ..... the moment the question whether the order denying the motion to dissolve the temporary restraining order was effectively the grant of a preliminary injunction, it is clear that whether california law or rule 65(b) is controlling, the temporary restraining order issued by the superior court expired long before the date of the alleged contempt. section 527 of the .....

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Jun 10 1974 (FN)

Michigan Vs. Tucker

Court : US Supreme Court

Decided on : Jun-10-1974

..... effect whatsoever on the trustworthiness of "fruits." since excluding the fruits of respondent's statements would not further the integrity of the factfinding process, and would severely handicap law enforcement officials in obtaining evidentiary substitutes, i would confine the reach of johnson v. new jersey to those cases in which the direct statements of an accused made ..... declined to apply the miranda rules to post- miranda retrials of persons whose original trials were commenced prior to miranda. there, we said: "[c]oncern for the justifiable reliance of law enforcement page 417 u. s. 458 officials upon pre- miranda standards militates against applying miranda to retrials. . . . as we stated in stovall [v. denno, supra ], '[ ..... u. s. 732 . application of the miranda standards to the present case, however, presents entirely different problems. unlike the situation contemplated in johnson, the burden imposed upon law enforcement officials to obtain evidentiary substitutes for inadmissible "fruits" will likely be substantial. the lower courts, confronted with the question of the application of miranda to fruits, have provided ..... by the availability of strict pre- miranda standards to test the voluntariness of confessions. 384 u.s. at 384 u. s. 730 . in addition, we recognized that law enforcement agencies had justifiably relied on our prior rulings and that retroactive application would necessitate the wholesale release and subsequent retrial of vast numbers of prisoners. id. at 384 .....

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Apr 29 1974 (FN)

Gooding Vs. United States

Court : US Supreme Court

Decided on : Apr-29-1974

..... interpretation. perhaps a partial vacuum would be a more appropriate description, since the court is obviously fully cognizant of the substantial governmental interest in enforcement of the narcotics laws, an interest which its interpretation of 879(a) so well serves. but plainly there are other concerns implicated in our interpretation of this congressional page 416 u. ..... ] " 174. same; penalty; evidence." "whoever fraudulently or knowingly imports or brings any narcotic drug into the united states or any territory under its control or jurisdiction, contrary to law, or receives, conceals, buys, sells, or in any manner facilitates the transportation, concealment, or sale of any such narcotic drug after being imported or brought in, knowing the same ..... searches for controlled substances. [ footnote 38 ] in those limited cases, congress has considered the need for privacy to be counterbalanced by the public need for more effective law enforcement. we do not believe that congress, by enacting a general search warrant provision for the district of columbia, has struck a different balance in federal drug cases ..... to relax the "positivity" test of rule 41 in cases involving certain narcotic drugs. [ footnote 10 ] congress had passed this statute in response to the complaints of law enforcement officers that the positivity requirement gave commercial narcotics dealers a definite advantage over federal agents. rule 41 is therefore not applicable to searches governed by the more specific .....

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Mar 21 1974 (HC)

A.K. Basu Vs. I.C.i. (India) Private Limited and ors.

Court : Kolkata

Decided on : Mar-21-1974

Reported in : (1975)ILLJ239Cal

..... language used by the legislature and in this connection reference may be made to the observations appearing at pages 142 and 143 of craies on statute law, 7th edn. we may also refer to the object of the later legislation which was inter alia, to provide employees with some additional benefits ..... exceed 48 hours a week, the statute did not provide for calculating any overtime allowances. counsel, urged that such wages, if any, payable under the law should be determined in accordance with the bargain between the parties, as mentioned before the real question, therefore, is whether section 13 when it speaks; ..... statute would not operate, in support of the contention that a proviso of this nature should be so construed, counsel relied on craies on statute law, 7th edn. pp. 218 and 219. counsel further submitted that if that was the effect of section 7(2), then under section 13 when ..... the other hand, it appears that the question of overtime allowance that the appellant is entitled to does not involve either any complicated question of law or fact or does not involve any question of adjudication of rights of the parties to get overtime allowances then in such a case mere ..... quashed the order dated february 6, 1968. the learned judge held that inasmuch as determination of the question before the referee involved complicated questions of law and fact the referee under the west bengal shops and establishments act, 1963 was not competent to entertain the application and adjudicate the dispute. he .....

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Aug 14 1974 (HC)

M. Narayanaswami Vs. V. Yangatanna

Court : Andhra Pradesh

Decided on : Aug-14-1974

Reported in : AIR1975AP88

..... adopt is the one under order 16 and not the one under the proviso to order 3, rule 1 c. p. c. the court also observed that no court of law would be justified in ordering a party to appear in court on an application filed under orde: 3 rule 1 except for very good reasons. therefore, even according to this .....

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Mar 25 1974 (HC)

Bhola and ors. Vs. State

Court : Allahabad

Decided on : Mar-25-1974

Reported in : 1974CriLJ1318

..... that every citizen is entitled to live in liberty till he commits an offence; and nobody, including the state, should take away his liberty without establishing before a court of law that he had committed the offence and thus rendered himself disqualified for enjoying the liberties of a free citizen.3. but the presumption comes under cloud as soon as accusation ..... ? that's the question. the argument is that till the appeal is finally decided by this court, the appellant be presumed to be innocent. every citizen is presumed to be law-abiding and innocent. but when the court speaks of presumption of innocence of the accused, it only means to stress that the burden of proving guilt lies entirely on the ..... is made and incriminating material comes before the investigating officer. it is only because of this cloud that the law permits the arrest and consequential curtailment of personal liberty of the accused even before the guilt is established in a court of ..... law. the cloud deepens and the matter oversteps the zone of presumption and enters the realm of evidence when the case goes to court and evidence stasts. it then becomes a .....

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Dec 23 1974 (FN)

Linden Lumber Division, Summer and Co. Vs. Nlrb

Court : US Supreme Court

Decided on : Dec-23-1974

..... ., 1st sess., 41. after rejection of the proposed house amendment, the house conference report explicitly stated that 8(a)(5) was intended to follow the provisions of "existing law." ibid. and "existing law" unequivocally recognized that a union could establish majority status, and thereby impose a bargaining obligation on an unwilling employer, by means other than petitioning for and winning a board ..... faith" inquiries. ante at 419 u. s. 306 . this fear is unwarranted. it is true that, early in the administration of the act, it was held that an employer could lawfully refuse to bargain if he had a good faith doubt as to the union's majority status, even if, in fact, the union did represent a majority of the employees .....

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