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Judgment Search Results Home > Cases Phrase: citizenship constitution of india Year: 2004 Page 3 of about 31 results (0.054 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. .....

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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 .....

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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 .....

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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 .....

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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 .....

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Jul 22 2004 (FN)

Government of the United States of America (Respondents) Vs. Barnette ...

Court : House of Lords

Decided on : Jul-22-2004

..... convention, to which italy is a party, has been "enacted in the italian legal order", according to professor roberto baratta and professor andrea giardina. moreover, article 111 of the italian constitution provides that jurisdiction is exercised through fair trial ("giusto processo") as regulated by the law. the italian courts were accordingly specifically obliged to ensure that the procedure was sufficient to ..... satisfy the terms of article 6 of the convention, as well as article 111 of the italian constitution. the decision in pellegrini is therefore in my opinion dependent on the particular effect of the concordat, and is not authority for the conclusion which the appellant's counsel ..... an appeal in this court when she has repeatedly refused to abide by prior court orders, removed herself to the united kingdom (beyond our reach), and renounced her united states citizenship." 11. the respondent government seeks in these proceedings to register the confiscation order under section 97 of the criminal justice act 1988, with a view to enforcing it by process ..... 767,754, plus a further sum for costs and expenses. 8. in august 1983 the appellant left mr barnette and subsequently remarried, being now mrs montgomery. she renounced her us citizenship in april 1992 and moved to london in may 1992, with the intention of taking up residence there. she became a citizen of st kitts and nevis in june 1994 .....

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Dec 16 2004 (FN)

A (Fc) and Others (Fc) (Appellants) Vs. Secretary of State for the Hom ...

Court : House of Lords

Decided on : Dec-16-2004

..... guarantee equality between citizens and non-citizens in the enjoyment of these rights to the extent recognized under international law; 4. under the convention, differential treatment based on citizenship or immigration status will constitute discrimination if the criteria for such differentiation, judged in the light of the objectives and purposes of the convention, are not applied pursuant to a legitimate aim, and ..... several important points, but for present purposes it is sufficient to note three points: (a) article 3's prohibition on torture is absolute, and chahal could not be returned to india; (b) his detention during the protracted litigation, lengthy though it was, was not unreasonable or unlawful, but he could be detained only so long as his deportation was the end ..... reasons of a political nature, namely the international fight against terrorism. he resisted deportation on the ground (among others) that, if returned to india, he faced a real risk of death, or of torture in custody contrary to article 3 of the european convention which provides that "no one shall be subjected to torture ..... indian citizen who had been granted indefinite leave to remain in this country but whose activities as a sikh separatist brought him to the notice of the authorities both in india and here. the home secretary of the day decided that he should be deported from this country because his continued presence here was not conducive to the public good for .....

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Apr 19 2004 (FN)

United States Vs. Lara

Court : US Supreme Court

Decided on : Apr-19-2004

..... purported to prohibit entering into treaties with the indian nation[s] or tribe[s]. 16 stat. 566, codified at 25 u. s. c. 71. although this act is constitutionally suspect (the constitution vests in the president both the power to make treaties, art. ii, 2, cl. 2, and to recognize foreign governments, art. ii, 3; see, e.g., ..... double jeopardy claim. but it does not follow that this court s federal-common-law decisions limiting tribes authority to exercise their inherent sovereignty somehow become enshrined as constitutional holdings that the political branches cannot alter. when the political branches demonstrate that a particular exercise of the tribes sovereign power is in fact consistent with federal policy, ..... challenge successive prosecutions by the restored menominee tribe and the federal government), cert. denied, 540 u. s. (2003). congress has advanced policies of integration by conferring united states citizenship upon all indians. 8 u. s. c. 1401(b). congress has also granted tribes greater autonomy in their inherent law enforcement authority (in respect to tribal members) by ..... domestic or municipal law. cohen 208 (footnotes omitted). insofar as that is so, congress legislative authority would rest in part, not upon affirmative grants of the constitution, but upon the constitution s adoption of preconstitutional powers necessarily inherent in any federal government, namely powers that this court has described as necessary concomitants of nationality. united states v. curtiss .....

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Mar 19 2004 (HC)

Sukumar Mukherjee and Baidyanath Halder Vs. Malay Kumar Ganguly and an ...

Court : Kolkata

Decided on : Mar-19-2004

Reported in : 2004(3)CHN187

..... prasad who was also a consultant physician having post-graduate degree. there is nothing on record to show or indicate that any medical board was constituted for the treatment of anuradha. on the other hand opinions from different doctors were collected. but ultimately the treatment schedule was fixed by the ..... certain misconception.121. but it is sufficiently clear that a man of the medical field now residing at united states with family after acquiring citizenship of that country has challenged the conduct and integrity of the three professors. in this connection, i deem it proper to quote a remark ..... is equally important to see that the patient party gets appropriate help in case of need. in an over-populated and developing country like india, all the benefits of a developed country cannot be expected. but it is desirable that leaving aside all obstacles and obstructions, appropriate steps ..... completely different. moreover, advice followed by purchase of medicine cannot prove the actual administration of the medicine unless it is specifically proved. in india the law on this score was not very clear. practically there was no mandatory law or rules that could guide the doctors or the specialists ..... medicines suggested by other doctors. it is also discussed hereinabove that on 11.5.1998 dr. mukherjee gave certain suggestions before his departure from india to usa for a long period of three weeks and accordingly, suggestions of other doctors were taken. it is also clear that prof. halder .....

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Feb 28 2004 (TRI)

Credit Llyonnais Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Mumbai

Decided on : Feb-28-2004

Reported in : (2005)94ITD401(Mum.)

..... a foreign company, is certainly not the nationality. even a french company, which has made the prescribed arrangements, for the declaration and payment within india, of the dividends (including dividends on preference shares) payable out of such income can be treated as a domestic company under the indian it act ..... in respect of remuneration from certain foreign incomes in the case of professors and teachers, etc. is an indian citizenship, this section appears to discriminate on the ground of nationality. it is interesting to note that while sections 80r and 80rra deal with the ..... this conclusion, it follows that the case of non-availability of deduction under section 80m cannot be covered by the non-discrimination clause under the india france dtaa. we, therefore, see no need to address ourselves to the merits of assessee's grievance about discrimination against foreign companies, even ..... citizenship also, in many similar sections such as section 80qqb, section 80rr, section 80rrb, there is no reference to citizenship and the requirements are only with respect of residence. it is also very important to ..... or any requirement connected with such taxation, which is more burdensome than similar taxation or requirement in connection therewith on an indian national in india. the same principle would naturally also apply on indian nationals in france vis-a-vis french nationals in france. as second limb of the .....

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