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Judgment Search Results Home > Cases Phrase: ancient hindu law Year: 1974 Page 15 of about 171 results (0.195 seconds)

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 i as a matter of federal law, the introduction of a withdrawn plea of guilty is not admissible evidence, kercheval v. united states, 274 u. s. 220 .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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Apr 16 1974 (FN)

Arnett Vs. Kennedy

Court : US Supreme Court

Decided on : Apr-16-1974

..... "property": "to have a property interest in a benefit, a person . . . must . . . have a legitimate claim of entitlement to it. it is a purpose of the ancient institution of property to protect those claims upon which people rely in their daily lives, reliance that must not be arbitrarily undermined." id. at 408 u. s. 577 . accordingly, in ..... 154 . courts once considered procedural due process protections inapplicable to welfare on much the same theory -- that, "in accepting charity, the appellant has consented to the provisions of the law under which charity is bestowed." [ footnote 5/4 ] obviously, this court rejected that reasoning in goldberg, supra, where we held that conditions under which public assistance was afforded, ..... 'catchall' clauses prohibiting employee 'misconduct,' 'immorality,' or 'conduct unbecoming.' we think it is inherent in the employment relationship as a matter of common sense, if not [of] common law, that [a government] employee . . . cannot reasonably assert a right to keep his job while at the same time he inveighs against his superiors in public with intemperate and defamatory ..... or other conduct prejudicial to the government." the oeo further provides by regulation that its office of general counsel is available to supply counseling on the interpretation of the laws and regulations relevant to the conduct of oeo employees. [ footnote 7 ] both the commission and the oeo also follow regulations enlarging the procedural protections accorded by the act .....

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Feb 20 1974 (FN)

United States Vs. Kahn

Court : US Supreme Court

Decided on : Feb-20-1974

..... such a way as to minimize the interception of communications not otherwise subject to interception under this chapter." ibid. before a wiretap order can issue, title iii also demands that law enforcement officers applying for the order provide the judge with information describing the offense, the facility, the type of communication, and the identity of the person, if known, ..... search the kahn residence for physical records of gambling operations, there could be no question that a subsequent seizure of such records bearing minnie kahn's handwriting would be fully lawful, despite the fact that she had not been identified in the warrant or independently investigated. in fact, as long as the property to be seized is described with ..... government fully investigate the possibility that any likely user of a telephone was engaging in criminal activities before applying for an interception order would greatly subvert the effectiveness of the law enforcement mechanism that congress constructed. in the case at hand, the court of appeals' holding would require the complete investigation not only of minnie kahn, but also of ..... and whose communications are to be intercepted." (emphasis supplied.) this statutory language would plainly seem to require the naming of a specific person in the wiretap application only when law enforcement officials believe that such an individual is actually committing one of the offenses specified in 18 u.s.c. 2516. since it is undisputed here that minnie kahn .....

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May 28 1974 (FN)

Cooper Stevedoring Co., Inc. Vs. Fritz Kopke, Inc.

Court : US Supreme Court

Decided on : May-28-1974

..... to consider this question, 414 u.s. 1127 (1974), and now affirm. where two vessels collide due to the fault of each, an admiralty doctrine of ancient lineage provides that the mutual wrongdoers shall share equally the damages sustained by each. in the north star, 106 u. s. 17 (1882), mr. justice ..... suggests that the vessel cannot recover contribution because it has already been fully indemnified for the judgment under its agreement with mid-gulf. see w. prosser, law of torts 48-49 (4th ed.1971). but this suggestion rests on a faulty construction of the agreement between the vessel and mid-gulf. the latter ..... case, as its failure to discuss horton, watz, and seaboard indicates. rather, atlantic proves only that our decision in halcyon was, and still is, good law on its facts. affirmed. mr. justice stewart took no part in the decision of this case. [ footnote 1 ] this suit was commenced prior to the ..... took cognizance of the apparent trade-off in the act between the employer's limitation of liability and the abrogation, in favor of the employee, of common law doctrines of contributory negligence and assumption of risk. id. at 342 u. s. 285 -286. confronted with the possibility that any workable rule of ..... ." the alabama, supra, at 92 u. s. 697 . and a "more equal distribution of justice" can best be achieved by ameliorating the common law rule against contribution which permits a plaintiff to force one of two wrongdoers to bear the entire loss, though the other may have been equally or more .....

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Jan 28 1974 (HC)

Ponnuswami Alias Kandasami Vs. State

Court : Chennai

Decided on : Jan-28-1974

Reported in : 1975CriLJ509

..... made out.31. in chinnappan udayar v. state 1956 mwn 805 : 1956 mwn 89, somasundaram, j. sitting with ramaswami goundar, j., reviewed the case law up to that stage, and held that, on the facts of that case there was other evidence, besides possession of the stolen articles, and that the offence ..... the act must have been done by the accused.26. in singaram in re : (1953)2mlj526 govinda (menon and basheer ahmed sayeed, jj. analysed the case law till then and observed:with due deference to the eminent judges who took part in kallam nara-yana v. king emperor. : (1933)64mlj88 and emperor v. ..... will be seen that our conclusions accord with the case law. in hanumant v. state of madh pra : 1953crilj129 the principles governing the appreciation of circumstantial evidence are restated thus:in dealing with circumstantial evidence the ..... layman would draw is also the inference which a court would draw. in this view of the matter it is really unnecessary to discuss the case law at any great length. suffice it to refer to some decisions of the supreme court and recent bench decisions of this court, chronologically, and it ..... has been convicted of murder of three persons (on three counts under section 302 of the indian penal code) and sentenced to the extreme penalty of the law, subject to confirmation by this court, he has also been convicted of an offence wider section 380 of the i p. c. (theft in a .....

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Jun 10 1974 (FN)

Davis Vs. United States

Court : US Supreme Court

Decided on : Jun-10-1974

..... . ." (emphasis added.) thus, a district court may grant relief under this section only where (1) the judgment rendered was without jurisdiction; (2) the sentence was not authorized by law or is otherwise open to collateral attack; or (3) there has been such a denial of constitutional rights as to render the judgment vulnerable to collateral attack. petitioner's case ..... criminal procedure in the absence of any indication that the defendant was prejudiced by the asserted technical error. we suggested that the appropriate inquiry was whether the claimed error of law was a "fundamental defect which inherently results in a complete miscarriage of justice," and whether "[i]t . . . present[s] exceptional circumstances where the need for the ..... rehnquist rejects any suggestion that the language concerning "sentence[s] . . . otherwise open to collateral attack" can encompass a claim that a confinement under that sentence violates the "laws of the united states," contending that this would reduce the remaining language regarding "a denial or infringement of constitutional rights" to surplusage. indeed, the nub of the dissent is that ..... mr. justice stewart delivered the opinion of the court. this case involves the availability of collateral relief from a federal criminal conviction based upon an intervening change in substantive law. while the question presented is a relatively narrow one, it arises as the result of a rather complicated chain of events. i in february, 1965, the petitioner, joseph .....

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Jan 19 1974 (HC)

Hanuman and ors. Vs. the State and anr.

Court : Rajasthan

Decided on : Jan-19-1974

Reported in : 1974WLN95

..... to bakshish singh. the statement does not inspire confidence either. that apart, no independent corroboration of this alleged confession made by sadhu singh is available on record, this is settled law that extra judicial confession has to be received with great care and caution and when the foundation of the conviction is the confession alleged to have been made by the .....

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Aug 05 1974 (HC)

Om Prakash and anr. Vs. the Board of School Education for Himachal Pra ...

Court : Himachal Pradesh

Decided on : Aug-05-1974

..... daily life of the laity in a veriety of ways, and in the end exerted profound influence upon the development of national laws. plucknet: a concise history of the common law, 3rd edn p. 267 et sea.5. in ancient england, in the struggle for power between the church and the state, curial jurisdiction was divided between the ecclesiastical court and the ..... real property, to resolve situations where property holdings did not effectively afford a means of satisfying the requirements of justice and where action was required 'in personam'. the common law was also slow to admit the evidence of parties and witnesses. in the fifteenth century there were complaints that juries were packed, bribed and intimidated. finally, the technical forms ..... corresponding growth in the quantity and variety of the sources of ecclesiastical law. the systematic research of the eleventh century which was undertaken in order to confine ancient and universally recognised authorities in canon law led to the decretum of ivo of chartres in 1095. the systematization of canon law was carried to its conclusion by gartian who soon after 1140 published ..... king's court. the former applied the ecclesiastical law, which included the canon law, and the latter concerned itself with the common law. the separation between the .....

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Jun 25 1974 (FN)

Lehman Vs. City of Shaker Heights

Court : US Supreme Court

Decided on : Jun-25-1974

..... time out of mind, have been used for purposes of assembly, communicating thoughts between citizens, and discussing public questions. such use of the streets and public places has, from ancient times, been a part of the privileges, immunities, rights, and liberties of citizens. the privilege of a citizen of the united states to use the streets and parks for ..... ). "the maintenance of the opportunity for free political discussion to the end that government may be responsive to the will of the people and that changes may be obtained by lawful means, an opportunity essential to the security of the republic, is a fundamental principle of our constitutional system." stromberg v. california, 283 u. s. 359 , 283 u. s. ..... ohio, seeking declaratory and injunctive relief on the ground that the city's policy of prohibiting political advertisements infringed his freedom of speech and denied him equal protection of the laws. finding no constitutional infirmities, the trial court denied relief, and was affirmed by both the cuyahoga county court of appeals and the supreme court of ohio. i would reverse ..... interest was furthered by the differential treatment between political and other advertising. a policy excluding political advertisements, in their view, would therefore deny political advertisers the equal protection of the law. we granted certiorari in order to consider the important first and fourteenth amendment question the case presented. [ footnote 5 ] 414 u.s. 1021 (1973). it is urged that .....

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Jun 24 1974 (FN)

Saxbe Vs. Washington Post Co.

Court : US Supreme Court

Decided on : Jun-24-1974

..... 283, 477 f.2d 1168 (1972). on remand, the district court conducted further evidentiary hearings, supplemented its findings of fact, and reconsidered its conclusions of law in light of branzburg and other recent decisions that were urged upon it. in due course, the court reaffirmed its original decision, 357 f.supp. 779 (dc 1972), and the .....

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