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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: us supreme court Year: 1976 Page 6 of about 89 results (0.058 seconds)

May 19 1976 (FN)

United States Vs. Mandujano

Court : US Supreme Court

Decided on : May-19-1976

united states v. mandujano - 425 u.s. 564 (1976) u.s. supreme court united states v. mandujano, 425 u.s. 564 (1976) united states v. mandujano no. 74-754 argued no;ember 5, 1975 decided may 19, 1976 425 u.s. 564 certiorari to the united states court of appeals for the fifth circuit syllabus as a result of certain information concerning respondent's participation in an attempted sale of heroin, he was subpoenaed to testify before a grand jury investigating narcotics traffic in the area. the prosecutor warned him that he was not required to answer any questions that might incriminate him, that all other questions had to be answered truthfully or else he would be subject to a charge of perjury, and that, if he desired a lawyer he could have one, but that the lawyer could not be inside the grand jury room. subsequently, respondent was charged with perjury for admittedly false statements made to the grand jury about his involvement in the attempted heroin sale. the district court granted respondent's motion to suppress his grand jury testimony because he was not given the warnings called for by miranda v. arizona, 384 u. s. 436 , holding that respondent was a "putative" or "virtual" defendant when called before the grand jury, and therefore entitled to full miranda warnings. the court of appeals affirmed. held: the judgment is reversed and the case is remanded. pp. 425 u. s. 571 -584; 425 u. s. 584 -609; 609. 496 f.2d 1050, reversed and remanded. the chief justice, joined by mr. .....

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May 19 1976 (FN)

Hynes Vs. Mayor of Oradell

Court : US Supreme Court

Decided on : May-19-1976

hynes v. mayor of oradell - 425 u.s. 610 (1976) u.s. supreme court hynes v. mayor of oradell, 425 u.s. 610 (1976) hynes v. mayor of oradell no. 74-1329 argued december 10, 1975 decided may 19, 1976 425 u.s. 610 appeal from the supreme court of new jersey syllabus a municipal ordinance requiring that advance written notice be given to the local police department by "[a]ny person [including representatives of borough civic groups and organizations] desiring to canvass, solicit or call from house to house . . . for a recognized charitable cause, or . . . for a federal, state, county or municipal political campaign or cause . . . for identification only" held invalid because of vagueness. a municipality has the power to enforce reasonable door-to-door soliciting and canvassing regulations to protect its citizens from crime and undue annoyance. the court has consistently recognized that a narrowly drawn ordinance that does not vest in municipal officials the undefined power to determine what residents will hear or see may serve these interests consistent with the first amendment. the ordinance in question must fall, however, because, in certain respects, "men of common intelligence must necessarily guess at its meaning." connally v. general constr. co., 269 u. s. 385 , 269 u. s. 391 . first, the ordinance's coverage is unclear, since it does not explain whether a "recognized charitable cause" means one recognized by the internal revenue service as tax exempt, one recognized by .....

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May 19 1976 (FN)

Naacp Vs. Fpc

Court : US Supreme Court

Decided on : May-19-1976

..... labor costs incurred in the form of back pay recoveries by employees who have proven that they were discriminatorily denied employment or advancement, (2) the costs of losing valuable government contracts terminated because of employment discrimination, (3) the costs of legal proceedings in either of these two categories, (4) the costs of strikes, demonstrations, and boycotts aimed against regulatees because of .....

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May 03 1976 (FN)

Francis Vs. Henderson

Court : US Supreme Court

Decided on : May-03-1976

..... "actual prejudice" justifies relief from a procedural default. certainly the court cannot be suggesting that the flexible "cause shown" standard of rule 12(b)(2) is now to be similarly contracted when federal judges exercise their discretion during the course of a trial or during collateral proceedings. [ footnote 2/4 ] today's decision may be read to stop short of overruling .....

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Apr 28 1976 (SC)

Additional District Magistrate, Jabalpur Vs. Shivakant Shukla

Court : Supreme Court of India

Decided on : Apr-28-1976

Reported in : AIR1976SC1207; 1976CriLJ945; (1976)2SCC521; [1976]SuppSCR172; 1976(8)LC610(SC)

..... illegalities might have been committed by the executive in order to deal with a crisis situation and all such illegalities have been retrospectively legalised by an indemnity act.525. i may now turn to consider the emergency provisions under our constitution. unlike many of the older constitutions, our constitution speaks in ..... war, all of which may create a crisis situation of the gravest order. the necessity of concentration of greater powers in the government and of contraction of the normal political and social liberties cannot be disputed in such a case, particularly when the people are faced with a grim horror of ..... to personal liberty. in that view, it would also make no difference whether the right to personal liberty arises from a statute or from a contract or from a constitutional provision contained in some part other than part iii.483. as regards the illustrations, it is neither proper nor possible ..... illegal arrest. it merely suspended a particular remedy and therefore, a practice grew under which at the close of the period of suspension an indemnity act would be passed in order to protect officials from the consequences of any illegal act which they might have committed under cover of the ..... malicious intention on the part of the person who has done the wrongful act, and it may be, in proceedings based on wrongs independent of contract, a very material ingredient in the question of whether a valid cause of action can be stated. the above principle was applied by this court .....

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Apr 27 1976 (FN)

Hampton Vs. United States

Court : US Supreme Court

Decided on : Apr-27-1976

hampton v. united states - 425 u.s. 484 (1976) u.s. supreme court hampton v. united states, 425 u.s. 484 (1976) hampton v. united states no. 74-5822 argued december 1, 1975 decided april 27, 1976 425 u.s. 484 certiorari to the united states court of appeals for the eighth circuit syllabus as a result of selling to government agents heroin supplied by a government informant, petitioner was convicted of a federal offense. the court of appeals affirmed, rejecting petitioner's argument that, if the jury believed that the drug was supplied to him by the government informant he should have been acquitted under the defense of entrapment regardless of his predisposition to commit the crime. petitioner contends that, although such predisposition renders unavailable an entrapment defense, the government's outrageous conduct in supplying him with the contraband denied him due process. held: the judgment is affirmed. pp. 425 u. s. 488 -491; 425 u. s. 491 -495. 507 f.2d 832, affirmed. mr. justice rehnquist, joined by the chief justice and mr. justice white, concluded that, where, as here, the government agents, the government informant, and the defendant acted in concert with one another, and the defendant conceded a predisposition to commit the crime in question, not only is the defense of entrapment unavailable but also a violation of due process rights cannot properly be claimed. united states v. russell, 411 u. s. 423 . pp. 425 u. s. 488 -491. mr. justice powell joined by mr justice .....

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Apr 27 1976 (FN)

Moe Vs. Salish and Kootenai Tribes

Court : US Supreme Court

Decided on : Apr-27-1976

moe v. salish & kootenai tribes - 425 u.s. 463 (1976) u.s. supreme court moe v. salish & kootenai tribes, 425 u.s. 463 (1976) moe v. confederated salish & kootenai tribes no. 74-1656 argued january 20, 1976 decided april 27, 1976 * 425 u.s. 463 appeal from the united states district court for the district of montana syllabus an indian tribe and some of its members residing on the tribal reservation in montana brought actions challenging montana's cigarette sales taxes and personal property taxes (in particular property taxes on motor vehicles) as applied to reservation indians, and also the state's vendor licensing statute as applied to tribal members who sell cigarettes at "smoke shops" on the reservation, and seeking declaratory and injunctive relief. after finding that the actions were not barred by 28 u.s.c. 1341, which prohibits district courts from enjoining the assessment, levy, or collection of any state tax where a plain, speedy, and efficient remedy may be had in the state courts, the district court held that montana was barred from imposing cigarette sales taxes with respect to on-reservation sales by tribal members to indians residing on the reservation, from imposing the vendor license fee on a tribal member operating a "smoke shop" on the reservation, and from imposing a personal property tax as a condition precedent for registration of a motor vehicle, but that the state may require a precollection of the cigarette sales tax imposed by law upon a non-indian .....

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Apr 21 1976 (FN)

Fisher Vs. United States

Court : US Supreme Court

Decided on : Apr-21-1976

..... ). boyd involved a civil forfeiture proceeding brought by the government against two partners for fraudulently attempting to import 35 cases of glass without paying the prescribed duty. the partnership had contracted with the government to furnish the glass needed in the construction of a government building. the glass specified was foreign glass, it being understood that, if part or all of ..... , and used, over the fifth amendment objection of the partners, to establish that the partners were fraudulently claiming a greater exemption from duty than they were entitled to under the contract. this court held that the invoice was inadmissible, and reversed the judgment in favor of the government. the court ruled that the fourth amendment applied to court orders in the .....

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Apr 21 1976 (FN)

United States Vs. Miller

Court : US Supreme Court

Decided on : Apr-21-1976

united states v. miller - 425 u.s. 435 (1976) u.s. supreme court united states v. miller, 425 u.s. 435 (1976) united states v. miller no. 74-1179 argued january 12, 1976 decided april 21, 1976 425 u.s. 435 certiorari to the united states court of appeals for the fifth circuit syllabus respondent, who had been charged with various federal offenses, made a pretrial motion to suppress microfilms of checks, deposit slips, and other records relating to his accounts at two banks, which maintained the records pursuant to the bank secrecy act of 1970 (act). he contended that the subpoenas duces tecum pursuant to which the material had been produced by the banks were defective, and that the records had thus been illegally seized in violation of the fourth amendment. following denial of his motion, respondent was tried and convicted. the court of appeals reversed, having concluded that the subpoenaed documents fell within a constitutionally protected zone of privacy. held: respondent possessed no fourth amendment interest in the bank records that could be vindicated by a challenge to the subpoenas, and the district court therefore did not err in denying the motion to suppress. pp. 425 u. s. 440 -446. (a) the subpoenaed materials were business records of the banks, not respondent's private papers. pp. 425 u. s. 440 -441. (b) there is no legitimate "expectation of privacy" in the contents of the original checks and deposit slips, since the checks are not confidential communications, but .....

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Apr 21 1976 (FN)

Department of the Air Force Vs. Rose

Court : US Supreme Court

Decided on : Apr-21-1976

department of the air force v. rose - 425 u.s. 352 (1976) u.s. supreme court department of the air force v. rose, 425 u.s. 352 (1976) department of the air force v. rose no. 74-489 argued october 8, 1975 decided april 21, 1976 425 u.s. 352 certiorari to the united states court of appeals for the second circuit syllabus under the united states air force academy's honor code, which is administered by a cadet committee, cadets pledge that they will not lie, steal, or cheat, or tolerate among their number anyone who does. if a cadet investigatory team finds that a hearing before an honor board concerning a suspected violation is warranted, the accused may call witnesses, and cadet observers attend. the board, consisting of eight members, may adjudge guilt only by unanimous vote, but may, if at least six members concur, grant the guilty cadet "discretion," which returns him to his squadron in good standing. a cadet found guilty without discretion may resign, or request a hearing by a board of officers or trial by court-martial. the honor board hearing is confidential, but the committee prepares a summary, which is posted on 40 squadron bulletin boards and distributed among academy faculty and officials. in not-guilty and discretion cases, names are deleted. in guilty cases, names are not deleted, but posting is deferred until the cadet has left the academy. ethics code violations, for less serious breaches, are handled more informally, though on a similarly confidential basis. .....

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