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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 1994 Page 6 of about 58 results (0.081 seconds)

Dec 05 1994 (FN)

Harris Vs. Alabama

Court : US Supreme Court

Decided on : Dec-05-1994

harris v. alabama - 513 u.s. 504 (1994) october term, 1994 syllabus harris v. alabama certiorari to the supreme court of alabama no. 93-7659. argued december 5, 1994-decided february 22,1995 alabama law vests capital sentencing authority in the trial judge, but requires the judge to "consider" an advisory jury verdict. mter convicting petitioner harris of capital murder, the jury recommended that she be imprisoned for life without parole, but the trial judge sentenced her to death upon concluding that the statutory aggravating circumstance found and considered outweighed all of the mitigating circumstances. the alabama court of criminal appeals affirmed the conviction and sentence, rejecting harris' argument that the capital sentencing statute is unconstitutional because it does not specify the weight the judge must give to the jury's recommendation and thus permits the arbitrary imposition of the death penalty. the alabama supreme court affirmed. held: the eighth amendment does not require the state to define the weight the sentencing judge must give to an advisory jury verdict. pp. 508-515. (a) because the constitution permits the trial judge, acting alone, to impose a capital sentence, see, e. g., spaziano v. florida, 468 u. s. 447 , 465, it is not offended when a state further requires the judge to consider a jury recommendation and trusts the judge to give it the proper weight. alabama's capital sentencing scheme is much like florida's, except that a florida sentencing .....

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Jun 13 1994 (FN)

United States Vs. Carlton

Court : US Supreme Court

Decided on : Jun-13-1994

..... code. justice stone explained in welch v. henry, 305 u. s., at 146-147: "taxation is neither a penalty imposed on the taxpayer nor a liability which he assumes by contract. it is but a way of apportioning the cost of government among those who in some measure are privileged to enjoy its benefits and must bear its burdens. since no .....

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Jun 13 1994 (FN)

City of Ladue Vs. Gilleo

Court : US Supreme Court

Decided on : Jun-13-1994

city of ladue v. gilleo - 512 u.s. 43 (1994) october term, 1993 syllabus city of ladue et al. v. gilleo certiorari to the united states court of appeals for the eighth circuit no. 92-1856. argued february 23, 1994-decided june 13, 1994 an ordinance of petitioner city of ladue bans all residential signs but those falling within 1 of 10 exemptions, for the principal purpose of minimizing the visual clutter associated with such signs. respondent gilleo filed this action, alleging that the ordinance violated her right to free speech by prohibiting her from displaying a sign stating, "for peace in the gulf," from her home. the district court found the ordinance unconstitutional, and the court of appeals affirmed, holding that the ordinance was a "content based" regulation, and that ladue's substantial interests in enacting it were not sufficiently compelling to support such a restriction. held: the ordinance violates a ladue resident's right to free speech. pp.48-59. (a) while signs pose distinctive problems and thus are subject to municipalities' police powers, measures regulating them inevitably affect communication itself. such a regulation may be challenged on the ground that it restricts too little speech because its exemptions discriminate on the basis of signs' messages, or on the ground that it prohibits too much protected speech. for purposes of this case, the validity of ladue's submission that its ordinance's various exemptions are free of impermissible content or .....

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Jun 06 1994 (FN)

Key Tronic Corp. Vs. United States

Court : US Supreme Court

Decided on : Jun-06-1994

..... only form of legal action it refers to. it clearly includes the assertion of a valid private claim against another private litigant. lawyers regularly speak of "enforceable obligations" and "enforceable contracts," and of "enforcing" a private judgment. we have called the private rights of action created by the clayton act "vehicle[s] for private enforcement" of the law, cargill, inc. v .....

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Apr 26 1994 (FN)

Stansbury Vs. California

Court : US Supreme Court

Decided on : Apr-26-1994

stansbury v. california - 511 u.s. 318 (1994) october term, 1993 syllabus stansbury v. california certiorari to the supreme court of california no. 93-5770. argued march 30, 1994-decided april 26, 1994 when california police first questioned petitioner stansbury as a possible witness to the rape and murder of a 10-year-old girl, they had another suspect. however, stansbury became a suspect during the interview, when he told police that, on the night of the murder, he drove a car matching the one seen where the girl's body was found. mter he also admitted to prior convictions for rape, kidnaping, and child molestation, officers stopped the interview, advised him of his rights under miranda v. arizona, 384 u. s. 436 , and arrested him. the trial court denied his pretrial motion to suppress his statements to the police, reasoning that he was not "in custody" for purposes of miranda until the officers began to suspect him. he was convicted of, inter alia, first-degree murder and sentenced to death. in affirming, the state supreme court concluded that one of the relevant factors in determining whether stansbury was in custody was whether the investigation was focused on him. agreeing that suspicion focused on him only when he mentioned the car, the court found that miranda did not bar the admission of statements made before that point. held: because the initial determination of custody depends on the objective circumstances of the interrogation, an officer's subjective and .....

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Sep 30 1994 (SC)

Life Insurance Corporation of India Vs. Vishwanath Verma and Others

Court : Supreme Court of India

Decided on : Sep-30-1994

Reported in : AIR1995SC189; [1995]82CompCas191(SC); JT1994(6)SC379; 1994(4)SCALE364; 1994Supp(3)SCC569; [1994]Supp4SCR87; 1995(1)LC200(SC)

..... a term dependent on human life and shall be deemed to include -(a) the granting of disability and double or triple indemnity accident benefits, if so provided in the contract of insurance,(b) the granting of annuities upon human life; and(c) the granting of superannuation allowances and annuities payable out ..... before expiration of one year and to renew and extend the insurance during successive years if required premiums were paid was held to be a contract of insurance for the term of one year only, with provisions for renewal for successive years.(vi) advance insurance, i.e. insurance providing ..... business was nationalised in 1956 by establishing the life corporation of india.19. as the statement of objects and reasons clearly points out all the contracts for assurance executed by the corporation are guaranteed by the central government. that is also evident from section 37 of the act. if, therefore, ..... , in chandulal harjivandas v. commissioner of income-tax, gujarat : [1967]63itr627(sc) it was observed:life insurance is a broader sense comprises any contract in which one party agrees to pay a given sum upon happening of a particular event contingent upon the duration of human life, in consideration of ..... of such persons.11. life insurance is a promise to pay a certain sum upon the death of the assured. life insurance is a contract whereby the insured agrees to pay certain sums, called premiums, at specified times, and in consideration thereof the insurer agrees to pay certain sums .....

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Feb 15 1994 (SC)

State of Kerala and Others Vs. Mcdowell and Co. Ltd.

Court : Supreme Court of India

Decided on : Feb-15-1994

Reported in : AIR1995SC1445; JT1994(2)SC199; 1994(1)KLT802(SC); 1994(1)SCALE752; 1994Supp(2)SCC605; [1994]1SCR981

..... residuary entry applicable to bonds which are not expressly provided for in the schedule. entry 13 can have no application to the instrument in question if it an indemnity bond. it must then bear the duty provided for under entry 32. 11. we have already analysed the instrument in question. it indemnifies the state of ..... held that where an obligation to pay was a pre-existing one the document executed subsequently giving the nature of the obligation or the terms and conditions of the contract shall be a mere agreement. in dadri railways pvt. ltd. v. chinaria transport co. and ors. (1971) rlr 531 it was held that in order ..... is sometimes called an obligation in a special sense of the word; and the parties are called respectively the obligor and the obligee' (leak's law of contract). the word 'obligation' used in the stamp act is in the special sense, and not in the ordinary sense. in abkari act it is on the other ..... to pay the obligee. the obligation, therefore, must arise from the agreement. the word 'oblige' according to dictionary means, 'bind (person, oneself) by oath, promise, contract, etc., to person or to do'. in other words person who executes a bond binds himself to pay the amount. but this binding must arise from the instrument or ..... to duty under entry 13 of the schedule of the kerala stamp act but was liable to duty under entry 32 which related to indemnity bonds. entries 13, 25, 32, 49 and 50 deal with bonds. entry 25 deals with customs or central excise bonds. entry 32 reads .....

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Mar 11 1994 (SC)

S.R. Bommai and Others Etc. Etc. Vs. Union of India and Others Etc. Et ...

Court : Supreme Court of India

Decided on : Mar-11-1994

Reported in : AIR1994SC1918; JT1994(2)SC215; 1994(2)SCALE37; (1994)3SCC1; [1994]2SCR644

orderp.b. sawant, j.1. on behalf of kuldip singh, j. and himself. article 356 has a vital bearing on the democratic parliamentary form of government and the autonomy of the states under the federal constitution that we have adopted. the interpretation of the article has, therefore, once again engaged the attention of this court in the background of the removal of the governments and the dissolution of the legislative assemblies in six states with which we are concerned here, on different occasions and in different situations by the exercise of power under the article. the crucial question that falls for consideration in all these matters is whether the president has unfettered powers to issue proclamation under article 356(1) of the constitution. the answer to this question depends upon the answers to the following questions: (a) is the proclamation amenable to judicial review? (b) if yes, what is the scope of the judicial review in this respect? and (c) what is the meaning of the expression 'a situation has arisen in which the government of the state cannot be carried on in accordance with the provisions of this constitution' used in article 356(1)? article 356 reads as follows: 356, provisions in case of failure of constitutional machinery in states. - (1) if the president, on receipt of report from the governor of a state or otherwise, is satisfied that a situation has arisen in which the government of the state cannot be carried on in accordance with the provisions of .....

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