Skip to content


Judgment Search Results Home > Cases Phrase: citizenship constitution of india Court: us supreme court Year: 2004 Page 1 of about 11 results (0.049 seconds)

May 17 2004 (FN)

Grupo Dataflux Vs. Atlas Global Group, L. P.

Court : US Supreme Court

Decided on : May-17-2004

..... allow that would support article iii jurisdiction in the particular case, all laws bearing upon the diversity question. whether the constitution requires it or not, carden is the subconstitutional rule by which we determine the citizenship of a partnership and in this case it leads to the conclusion that there were no opposing parties who were not cocitizens. footnote 7 the ..... our decision in caterpillar inc. v. lewis , 519 u. s. 61 (1996), it held that the conclusiveness of citizenship at the time of filing was subject to exception when the following conditions are satisfied: (1) [a]n action is filed or removed when constitutional and/or statutory jurisdictional requirements are not met, (2) neither the parties nor the judge raise the error ..... action had been converted to complete diversity between the remaining parties to the final judgment ). it bears clarification why this case, in common with caterpillar and newman-green , met the constitutional requirement of minimal diversity at the onset of the litigation. true, atlas case involves a partnership, while the diversity spoiler in caterpillar was a corporation and in newman-green , ..... at the time of the action brought, and that after vesting, it cannot be ousted by subsequent events. he did not extract this practical time-of-filing rule from any constitutional or statutory text. in contrast, 18 years earlier, marshall had derived the complete-diversity rule from the text of the 1789 judiciary act, and so stated in strawbridge v. .....

Tag this Judgment!

Jun 28 2004 (FN)

Hamdi Vs. Rumsfeld

Court : US Supreme Court

Decided on : Jun-28-2004

..... judgment) (stating that a sentence imposed by a military commission must not be set aside except upon the clearest conviction that it cannot be reconciled with the constitution and the constitutional legislation of congress ). this deference extends to the president s determination of all the factual predicates necessary to conclude that a given action is appropriate. see ..... classification, tr. of oral arg. 40, 42, hamdi has received no process. an interrogation by one s captor, however effective an intelligence-gathering tool, hardly constitutes a constitutionally adequate factfinding before a neutral decisionmaker. compare brief for respondents 42 43 (discussing the secure interrogation environment, and noting that military interrogations require a controlled interrogation dynamic ..... definition is authorized. the government maintains that no explicit congressional authorization is required, because the executive possesses plenary authority to detain pursuant to article ii of the constitution. we do not reach the question whether article ii provides such authority, however, because we agree with the government s alternative position, that congress has in ..... the privilege of citizenship, the court held, entitles hamdi to a limited judicial inquiry into his detention, but only to determine its legality under the war powers of the political branches. at least where it is undisputed that he was present in a zone of active combat operations, we are satisfied that the constitution does not .....

Tag this Judgment!

May 17 2004 (FN)

Tennessee Vs. Lane

Court : US Supreme Court

Decided on : May-17-2004

..... much of its force once the south carolina and morgan cases decided that the power to enforce embraces any measure appropriate to effectuating the performance of the state s constitutional duty. foreword: constitutional adjudication and the promotion of human rights, 80 harv. l. rev. 91, 110 111 (1966). however, south carolina and morgan , all of our later cases except hibbs that ..... me not conducive to a harmonious federal system to require congress, before it exercises authority under 5 of the fourteenth amendment, essentially to indict each state for disregarding the equal-citizenship stature of persons with disabilities. but see post , at 11 (scalia, j., dissenting) ( congress may impose prophylactic 5 legislation only upon those particular states in which there has been ..... life i join the court s opinion. the americans with disabilities act of 1990 (ada or act), 42 u. s. c. 12101 12213, is a measure expected to advance equal-citizenship stature for persons with disabilities. see bagenstos, subordination, stigma, and disability, 86 va. l. rev. 397, 471 (2000) (ada aims both to guarante[e] a baseline of equal ..... citizenship by protecting against stigma and systematic exclusion from public and private opportunities, and [to] protec[t] society against the loss of valuable talents ). as the court s opinion relates, see .....

Tag this Judgment!

Apr 05 2004 (SC)

The Printers (Mysore) Ltd. Vs. M.A. Rasheed and ors.

Court : Supreme Court of India

Decided on : Apr-05-2004

Reported in : JT2004(4)SC158; (2004)3MLJ132(SC); 2004(4)SCALE192; (2004)4SCC460; 2004(2)LC1300(SC)

..... exercise of self-restraint, thus, should be adhered to, subject to course to, just exceptions.' 23. dawn oliver in constitutional reform in the uk under the heading 'the courts and theories of democracy, citizenship, and good governance' at page 105 states:'however, this concept of democracy as rights-based with limited governmental power, and in particular of the ..... act and since no rules had been framed by the central government with regard to the disposal of the urban agricultural property forming part of the compensation pool, the authority constituted under the act had no jurisdiction to dispose of urban agricultural property by auction sale. unless rules were framed as contemplated by the act, according to the high court the ..... validly. it steps in by way of a judicial review over the orders passed. existence of alternative remedy albeit is no bar to exercise jurisdiction under article 226 of the constitution of india but ordinarily it will not do so unless it is found that an order has been passed wholly without jurisdiction or contradictory to the ..... constitutional or statutory provisions or where an order has been passed without complying with the principles of natural justice. (see whirlpool corporation v. registrar of trade marks, mumbai and ors. : air1999sc22 . .....

Tag this Judgment!

Apr 27 2004 (SC)

Modern School Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Decided on : Apr-27-2004

Reported in : AIR2004SC2236; 2004(4)ALD50(SC); 2004(5)ALLMR(SC)894; 111(2004)DLT317(SC); [2004(3)JCR113(SC)]; JT2004(Suppl1)SC362; RLW2004(3)SC341; 2004(5)SCALE170; (2004)5SCC583; (2004)

..... ) had upheld the rights of the minorities and unaided private institutions to generate a reasonable surplus for future development of education. dawn oliver in constitutional reform in the uk under the heading 'the courts and theories of democracy, citizenship, and good governance' at page 105 states: "however, this concept of democracy as rights-based with limited governmental power, and in particular of ..... in the field should be loathe to impose any further restrictions. this court normally does not pass an order even in exercise of its jurisdiction under article 142 of the constitution of india which would be contrary to the law. (see government of west bengal vs. tarun k. roy and ors. 2003 (9) scale 671, paragraphs 32 to 34 and jamshed ..... . pai foundation and others vs. state of karnataka and others [(2002) 8 scc 481]. the fundamental right to establish educational institution as contained in article 19(1)(g) of the constitution of india would, however, be subject only to the reasonable restrictions which may be imposed by any law in terms of clause (6) thereof. the act is a law regulating education ..... have a duty to impart education and particularly primary education having regard to the fact that the same is a fundamental right within the meaning of article 21 of the constitution of india, but as the government had neither resources nor the ability to provide for the same, it appears, the legislature permitted the societies/trusts to establish the educational institutions from .....

Tag this Judgment!

Jan 07 2004 (SC)

Ashok Leyland Ltd. Vs. State of Tamil Nadu and anr.

Court : Supreme Court of India

Decided on : Jan-07-2004

Reported in : 2004(1)SCALE224; (2004)3SCC1; [2004]134STC473(SC)

..... section 3 or under section 4 of the central sales tax act, 1956, is arbitrary, unworkable and ultra vires articles 14, 19(1)(g) and chapter xiii of the constitution of india, in matters involving elements of transactions taking place in more than one state.background facts:civil appeal no. 976-979 of 20014. the appellants herein are engaged in manufacture of .....

Tag this Judgment!

Jun 14 2004 (FN)

Elk Grove Unified School Dist. Vs. Newdow

Court : US Supreme Court

Decided on : Jun-14-2004

..... would not perceive these acknowledgments as signifying a government endorsement of any specific religion, or even of religion over non-religion. there are no de minimis violations of the constitution no constitutional harms so slight that the courts are obliged to ignore them. given the values that the establishment clause was meant to serve, however, i believe that government can, in ..... connecticut and south dakota appear on the flags of those states as well. georgia s newly-redesigned flag includes the motto in god we trust. the oaths of judicial office, citizenship, and military and civil service all end with the (optional) phrase [s]o help me god. see 28 u. s. c. 453; 5 u. s. c. 3331; 10 u ..... allegiance to the flag and to the nation, of the descriptive phrase under god cannot possibly lead to the establishment of a religion, or anything like it. when courts extend constitutional prohibitions beyond their previously recognized limit, they may restrict democratic choices made by public bodies. here, congress prescribed a pledge of allegiance, the state of california required patriotic observances ..... who is the source of the plaintiff s claimed standing. ante, at 13. the court loosely bases this novel prudential standing limitation on the domestic relations exception to diversity-of-citizenship jurisdiction pursuant to 28 u. s. c. 1332, the abstention doctrine, and criticisms of the court of appeals construction of california state law, coupled with the prudential standing prohibition .....

Tag this Judgment!

Apr 12 2004 (SC)

N.K. Prasada Vs. Government of India and ors.

Court : Supreme Court of India

Decided on : Apr-12-2004

Reported in : 2004(3)AWC2490(SC); JT2004(Suppl1)SC326; 2004(4)SCALE845; (2004)6SCC299; (2004)2UPLBEC1999

..... decision has been followed in chairman & md, bpl ltd. vs. s.p. gururaja and ors. : air2003sc4536 , wherein it was noticed :'dawn oliver in constitutional reform in the uk under the heading 'the courts and theories of democracy, citizenship, and good governance' at page 105 states:'however, this concept of democracy as rights-based with limited governmental power, and in particular of the ..... validly. it steps in by way of a judicial review over the orders passed. existence of alternative remedy albeit is no bar to exercise jurisdiction under article 226 of the constitution of india but ordinarily it will not do so unless it is found that an order has been passed wholly without jurisdiction or contradictory to the ..... of the judges exercising judicial review against ministers and thus undermine the authority of the courts and the rule of law.'29. in onkarlal bajaj and ors. v. union of india and anr. it was observed:'the expression 'public interest' or 'probity in governance', cannot be put in a straitjacket. 'public interest' takes into its fold several factors. there cannot be ..... being abused. this court recently had also the occasion to notice the same. (see ashok kumar pandey v. state of west bengal, : air2004sc280 and dr. b. singh v. union of india and ors., : air2004sc1923 .31. for the reasons aforementioned, we do not find any merit in this appeal which is dismissed accordingly. no costs. .....

Tag this Judgment!

Jan 23 2004 (SC)

Union of India (Uoi) Vs. Naveen Jindal and anr.

Court : Supreme Court of India

Decided on : Jan-23-2004

Reported in : AIR2004SC1559; 2004(5)ALLMR(SC)339; (SCSuppl)2004(3)CHN30; 109(2004)DLT17(SC); 2004(73)DRJ720; JT2004(2)SC1; 2004(1)SCALE677; (2004)2SCC510; 2004(2)LC955(SC)

..... aforementioned observation, it is evident that lic's refusal to publish respondent's rejoinder was unfair and amounted to denial of his right under article 19(1)(a) of the constitution of india.58. in secretary, ministry of information and broadcasting v. cricket association of bengal and ors., : [1995]1scr1036 it was observed :'the freedom of speech and expression includes ..... including forests, lakes, rivers and wild life, and to have compassion for living creatures;' we cannot shut our eyes to the statements made in article 48a of the constitution of india which enjoins upon the state to protect and improve the environment and to safeguard the forests and wild life of the country what is destructive of environment, forest and ..... participation of people in the administration.'61. thus, the burden of import duty imposed on newsprint was held to be a restriction protected by article 19(1)(a) of the constitution of india.62. in tata press ltd. v. mtnl and ors., : air1995sc2438 it was observed :'in a democratic economy free flow of commercial information is indispensable. there cannot be ..... individual must be emphasized in the curriculum at all the stages of education. this requires consciousness of citizenship values which are a combination of rights and duties, and together give rise to social responsibilities. methods must be devised to operationally this concept as a constitutional value in our educational curriculum and in co-curricular activities, in schools and colleges.'84. this .....

Tag this Judgment!

Jun 28 2004 (FN)

Rasul Vs. Bush

Court : US Supreme Court

Decided on : Jun-28-2004

..... , the availability of legal proceedings and the length of detention, see ante , at 3 4. the eisentrager court mentioned those circumstances, however, only in the course of its constitutional analysis, and not in its application of the statute. it is quite impossible to read 2241 as conditioning its geographic scope upon them. among the consequences of making jurisdiction turn ..... to determine. the court began by noting the ascending scale of rights that courts have recognized for individuals depending on their connection to the united states. id ., at 770. citizenship provides a longstanding basis for jurisdiction, the court noted, and among aliens physical presence within the united states also gave the judiciary power to act. id ., at 769, 771. ..... between americans and aliens held in federal custody, there is little reason to think that congress intended the geographical coverage of the statute to vary depending on the detainee s citizenship.[ footnote 10 ] aliens held at the base, no less than american citizens, are entitled to invoke the federal courts authority under 2241. application of the habeas statute to ..... distinction between americans and aliens held in federal custody, there is little reason to think that congress intended the statute s geographical coverage to vary depending on the detainee s citizenship. aliens held at the base, like american citizens, are entitled to invoke the federal courts 2241 authority. pp. 12 15. (3) petitioners contend that they are being .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //