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Judgment Search Results Home > Cases Phrase: citizenship constitution of india Year: 1980 Page 2 of about 16 results (0.035 seconds)

Jan 21 1980 (FN)

Estes Vs. Metropolitan Branches, Dallas Naacp

Court : US Supreme Court

Decided on : Jan-21-1980

..... bd. of education v. spangler, which arose several years after a local desegregation plan had been implemented. [ footnote 15 ] we held in that case that the constitution does not require that a desegregation decree be modified periodically as migration patterns shift the distribution of the races within the school district. the court recognized that, absent further ..... . and students whose parents elect to live beyond the reach of the court decree lose the benefits of attending ethnically diverse schools, an experience that prepares a child for citizenship in our pluralistic society. [ footnote 18 ] iii the district court in this litigation was properly concerned over resegregation and community support for the dallas schools. [ footnote ..... u. s. 445 much of the confusion that has plagued this litigation derives from neglect of these principles. the district court failed to identify the link between the constitutional violation and the desegregation remedy, and the court of appeals showed little concern for either that problem or the question of effectiveness. unless courts carefully consider those issues ..... the school board and the court must consider many economic, social, and educational factors, and those factors vary widely from community to community. courts frequently are caught between the constitutional prohibition against segregation and the severe limitations on their ability to implement an effective plan with public support. see columbus bd. of education v. penick, 443 u. s .....

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Apr 15 1980 (FN)

United States Vs. Mitchell

Court : US Supreme Court

Decided on : Apr-15-1980

..... need not consider whether, had congress actually intended the general allotment act to impose upon the government all fiduciary duties ordinarily placed by equity upon a trustee, the act would constitute a waiver of sovereign immunity. we conclude that the act created only a limited trust relationship between the united states and the allottee that does not impose any duty upon ..... timber mismanagement. they also contend that the general allotment act and the treaty of olympia, 12 stat. 971 (1859), create trust responsibilities on the part of the united states that constitute implied contracts within the scope of the tucker act. because the respondents did not raise these contentions in the court of claims, we will not consider them. e.g., adickes ..... and for the allotment of lands to the indians in severalty, in order that they may possess them individually and proceed to qualify themselves for the duties and responsibilities of citizenship." id. at 11. he asserted that one object of the bill was to enable indians "to support themselves by industry and toil." ibid. [ footnote 6 ] see n 1, supra. [ footnote ..... to secure a court adjudication on any misappropriations of indian funds or of any other indian property by federal officials that might occur in the future." ibid. such misappropriations could constitute takings for which just compensation is required by the fifth amendment, and this court has long held that such a claim is within the jurisdiction of the court of claims .....

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May 19 1980 (FN)

Navarro Savings Assn. Vs. Lee

Court : US Supreme Court

Decided on : May-19-1980

..... give such a characterization of its legal nature controlling weight. it seems preferable to me to treat fidelity as a form of unincorporated business association, and determine its citizenship according to the real party in interest test utilized by the court of appeals. one factor that would seem especially pertinent in applying that test is the conclusion ..... [ footnote 9 ] there is a "rough symmetry" between the "real party in interest" standard of rule 17(a) and the rule that diversity jurisdiction depends upon the citizenship of real parties to the controversy. but the two rules serve different purposes, and need not produce identical outcomes in all cases. note, diversity jurisdiction over unincorporated business entities: ..... 463 similar principles governed diversity jurisdiction long before the advent of uniform rules of procedure. [ footnote 10 ] in 1870, the court declared that jurisdiction properly founded upon the diverse citizenship of individual trustees "is not defeated by the fact that the parties whom they represent may be disqualified." coal co. v. blatchford, 11 wall. at 78 u. s. ..... "deemed" citizens, see n 7, supra, unincorporated associations remain mere collections of individuals. when the "persons composing such association" sue in their collective name, they are the parties whose citizenship determines the diversity jurisdiction of a federal court. great southern fire proof hotel co. v. jones, 177 u. s. 449 , 177 u. s. 456 (1900) (limited partnership .....

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1980

Department of Transportation and Development of LA. V.

Court : US Supreme Court

Decided on : Jan-01-1980

..... its own relocation assistance act, la.rev.stat.ann. 38:3101-3110 (west supp. 1980). the united states district court, after preliminary litigation as to the meaning of the louisiana constitution, ordered respondent to submit its claim to petitioner, and ordered that petitioner conduct a full, fair, and complete adversary hearing, retaining "jurisdiction of this case to review the administrative determination ..... u.s. 574 (1954). the railroad, pursuant to iowa law, condemned certain land. it appealed the local sheriff's award of compensation to the federal district court, alleging diversity of citizenship and seeking to limit the award. this court sustained a dismissal of the action: "the united states district court . . . does not sit to review on appeal action taken administratively . . . in .....

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Mar 25 1980 (HC)

Commissioner of Wealth-tax, Bombay City-ii Vs. Keshub Mahindra

Court : Mumbai

Decided on : Mar-25-1980

Reported in : [1983]139ITR22(Bom); [1981]5TAXMAN323(Bom)

..... each of the heirs must be separately assessed to wealth-tax on his share as an individual, unless there was evidence to show that the heirs had voluntarily decided to constitute themselves into a hindu joint family. the high court further held that, at any rate, when the estate of the deceased is held by an administrator appointed by the court ..... for the purposes of this act be treated as an individual. (3) the status of the executor or executors shall for the purposes of this act as regards residence and citizenship be the same as that of the deceased on the valuation date immediately preceding his death. (4) the assessment of an executor under this section shall be made separately from ..... one of them was his wife. the will was proved in england and the probate was granted in england. harvey held 90,000 ordinary shares of the company incorporated in india called m/s. a. & f. harvey ltd. the administration of the estate devolved on and vested in the executors from the date of death of the testator. the department wanted .....

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Apr 15 1980 (FN)

Roberts Vs. United States

Court : US Supreme Court

Decided on : Apr-15-1980

..... social obligation," ibid. all citizens apparently are "obliged to assist the authorities" in this way, and petitioner's failure to do so was not only "a badge of irresponsible citizenship," but constituted "antisocial conduct" as well. ante at 445 u. s. 558 , 445 u. s. 559 . the court supports its stern conclusions about petitioner's civic duty only ..... justified without additional information. [ footnote 2/6 ] the enhancement of petitioner's sentence, then, was impermissible because it may have burdened petitioner's exercise of his constitutional rights or been based on a factor unrelated to the permissible goals of sentencing. in addition, it represented an improper involvement of the judicial office in the prosecutorial function ..... inferences. at the least, sentencing judges should conduct an inquiry into the circumstances of silence where a defendant indicates before sentencing that his refusal to cooperate is prompted by constitutionally protected, or morally defensible, motives. furthermore, especially where conviction is based upon a guilty plea, it may be advisable for trial judges to raise the question of ..... even after the prosecutor observed that the failure to cooperate could be viewed as evidence of continuing criminal intent, petitioner remained silent. petitioner insists that he had a constitutional right to remain silent, and that no adverse inferences can be drawn from the exercise of that right. we find this argument singularly unpersuasive. the fifth amendment privilege .....

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