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Judgment Search Results Home > Cases Phrase: dharma hindu law Court: us supreme court Year: 2000 Page 1 of about 161 results (0.129 seconds)

Apr 05 2000 (SC)

Lily Thomas, Etc. Etc. Vs. Union of India and ors.

Court : Supreme Court of India

Decided on : Apr-05-2000

Reported in : 2000(2)ALD(Cri)686; 2000(3)ALLMR(SC)251; 2000(1)ALT(Cri)363; 2001(1)BLJR499; 2000CriLJ2433; II(2000)DMC1SC; JT2000(5)SC617; 2000(4)SCALE176; (2000)6SCC224; 2000(2)LC1113(SC

..... devi v. mul raj 1907 (pr no. 49) 198. in rakeya bibi v. anil kumar mukherji ilr (1948) cal. 119, it was held that under hindu law, the apostasy of one of the spouses does not dissolve the marriage. in fiayeda khatoon @ a.m. obadiah v. m. obadiah (1944) 49 cww 745, it ..... adopted the 'muslim' religion and become a convert to that religion for the sole purpose of having a second wife, which is forbidden strictly under the hindu law. it need hardly be.said that the, said conversion was not a matter of respondent no. 3 having faith in the muslim religion.11. this ..... and religion.22. that a woman's organisation 'kalyani' terribly perturbed over this growing menace and increase in number of desertions of the lawfully married wives under the hindu law and splitting up and ruining of the families even where there are children and when no grounds of obtaining a divorce successfully on any ..... has adopted the muslim religion and became a convert to that religion for the sole purpose of having a second wife which is forbidden strictly under the hindu law. it need hardly be said that the said conversion was not a matter of respondent no. 3 having faith in the muslim religion.20. the ..... be permitted to take advantage of his exploitation as religion is not a commodity to be exploited. the institution of marriage under every personal law is a sacred institution. under hindu law, marriage is a sacrament. both have to be preserved.40. i also respectfully agree with brother sethi, j. that in the present .....

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Mar 29 2000 (SC)

Shriomani Gurudwara Prabandhak Committee, Amritsar Vs. Shri Som Nath D ...

Court : Supreme Court of India

Decided on : Mar-29-2000

Reported in : AIR2000SC1421; JT2000(4)SC30; (2000)125PLR826; 2000(2)SCALE663; (2000)4SCC146; [2000]2SCR705; 2000(2)LC978(SC)

..... the grants having been made to the juridical person symbolised or personified in the idol.20. thus, a trust is not necessary in hindu law though it may be required under english law.21. in fact, there is a direct ruling of this court on the crucial point. in pritam dass mahant v. shiromani gurdwara ..... calcutta : [1969]74itr33(sc) held that the consecrated idol in a hindu temple is a juristic person and approved the observation of west j. in the following passage made in manohar ganesh v. lakshmiram ; the hindu law, like the roman law and those derived from it, recognises not only incorporate bodies with rights of ..... 'a compendious expression of the pious purposes for which the dedication is designed.' vide also the observations of sir ashutosh mookerjee at p. 155. in hindu religious endowments board v. veeraraghavacharlu air 1937 mad 750; varadachariar j. dealing with this question, referred to the decision in, ilr 1910 cal 128 and ..... for the purpose; the necessity of a trust in such a case is indeed a peculiarity and a modern peculiarity 6f the english law. in early law a gift placed as it-was expressed on ..... establish a religious or charitable institution may according to his law express his purpose and endow it and the ruler will give effect to the bounty or at least, protect it so far at any rate as is consistent with his own dharma or conception or morality. a trust is not required .....

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Mar 29 2000 (SC)

Shiromani Gurudwara Prabandhak Committee Vs. Som Nath Dass and ors. Et ...

Court : Supreme Court of India

Decided on : Mar-29-2000

Reported in : (2000)160CTR(SC)61

..... to the juridical person symbolised or personified in the idol.'(emphasis, italicised in prints, supplied)thus, a trust is not necessary in hindu law though it may be required under english law.in fact, there is a direct ruling of this court on the crucial point. in pritam dass mahant v. shiromani gurrudwara prabandhak ..... 1969]74itr33(sc) , held that the consecrated idol in a hindu temple is a juristic person and approved the observation of west j. in the following passage made in manohar ganesh v. lakshmiram ilr 12 bom 247:'the hindu law, like the roman law and those derived from it, recognises not only incorporate bodies with ..... be 'a compendious expression of the pious purposes for which the decimation is designed'. vide also the observations of sir ashutosh mookerjee at p. 155. in hindu religious endowments board v. veeraraghavacharlu air 1937 mad 750 (g), varadachariar j. dealing with this question, referred to the decision in ilr cal 128 (f) ..... for the purpose., the necessity of a trust in such a case is indeed a peculiarity and a modern peculiarity of the english law. in early law a gift placed as it was expressed on ..... a religious or charitable institution may according to his law express his purpose and endow it and the ruler will give effect to the bounty or at least, protect it so far at any rate as is consistent with his own dharma or conception or morality. a trust is not required .....

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Jun 28 2000 (FN)

Hill Vs. Colorado

Court : US Supreme Court

Decided on : Jun-28-2000

..... provision of the statute was 750 chosen to precisely address crowding and physical intimidation: conduct shown to impede access, endanger safety and health, and strangle effective law enforcement"); id., at 14 ("[t]his provision narrowly addresses the conduct shown to interfere with access through crowding and physical threats"). the court nevertheless concludes that ..... place of employment involved in a labor dispute. we concluded that this statute violated the equal protection clause of the fourteenth amendment, because it discriminated between lawful and unlawful conduct based on the content of the picketers' messages. that discrimination was impermissible because it accorded preferential treatment to expression concerning one particular subject ..... moreover, as with every exercise of a state's police powers, rules that provide specific guidance to enforcement authorities serve the interest in evenhanded application of the law. whether or not those interests justify the particular regulation at issue, they are unquestionably legitimate. it is also important when conducting this interest analysis to recognize ..... the avoidance of potential trauma to patients associated with confrontational protests. moreover, rules providing specific guidance to enforcement authorities serve the interest in evenhanded application of the law. also, the statute deals not with restricting a speaker's right to address a willing audience, but with protecting listeners from unwanted communication. pp.714-718. .....

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Jun 26 2000 (FN)

Apprendi Vs. New Jersey

Court : US Supreme Court

Decided on : Jun-26-2000

..... ing] away facts necessary to constitute a criminal offense"). the majority's cure, however, is not aimed at the disease. the same "transformational" problem exists under traditional sentencing law, where legislation, silent as to sentencing factors, grants the judge virtually unchecked discretion to sentence within a broad range. under such a system, judges or prosecutors can similarly ..... commissioner robinson's dissent 3, n. 3 (may 1, 1987). again, the method reflects practical, rather than theoretical, considerations. prior to the sentencing guidelines, federal law left the individual sentencing judge free to determine which factors were relevant. that freedom meant that each judge, in an effort to tailor punishment to the individual offense and ..... the harsh and uniform sentences formerly imposed under mandatorysentencing systems, some studies revealed that indeterminate sentencing actually had the opposite effect. see, e. g., a. campbell, law of sentencing 13 (1978) ("paradoxically the humanitarian impulse sparking the adoption of indeterminate sentencing systems in this country has resulted in 550 an actual increase of the average ..... in [the statute] and that there are no mitigating circumstances sufficiently substantial to call for leniency.''' id., at 644 (quoting 13-703(e)). thus, under arizona law, a defendant convicted of first-degree murder can be sentenced to death only if the judge finds the existence of a statutory aggravating factor. walton challenged the arizona .....

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May 22 2000 (FN)

Geier Vs. American Honda Motor Co.

Court : US Supreme Court

Decided on : May-22-2000

..... it do more? in particular, does it foreclose or limit the operation of ordinary pre-emption principles insofar as those principles instruct us to read statutes as preempting state laws (including common-law rules) that "actually conflict" with the statute or federal standards promulgated thereunder? fidelity fed. sav. & loan assn. v. de la cuesta, 458 u. s. 141 , 153 ..... clearly not designed to represent the interests of states, yet with relative ease they can promulgate comprehensive and detailed regulations that have broad pre-emption ramifications for state law. we have addressed the heightened federalism and nondelegation concerns that agency pre-emption raises by using the presumption to build a procedural bridge across the political accountability gap ..... on the one hand, and commonlaw liability, on the other. this distinction was certainly a rational one for congress to draw in the safety act given that common-law liability-unlike most legislative or administrative rulemaking-necessarily performs an important remedial role in compensating accident victims. cf. silkwood it is true that in three recent cases we ..... devices. geier and her parents, also petitioners, sued the car's manufacturer, american honda motor company, inc., and its affiliates (hereinafter american honda), under district of columbia tort law. they claimed, among other things, that american honda had designed its car negligently and defectively because it lacked a driver's side airbag. app. 3. the district court .....

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Apr 24 2000 (SC)

Karnataka State Road Tpt. Corporation and anr. Vs. S. Manjunath

Court : Supreme Court of India

Decided on : Apr-24-2000

Reported in : JT2000(7)SC66; 2000(4)SCALE249; (2000)5SCC250

..... the services of the respondents could not be put an end to except by means of departmental disciplinary proceedings, after following the mandatory requirements of law. therefore, the high court cannot be faulted for interfering with the orders of termination of the services of the respondents.15. for all the reasons ..... wasim beg's case (supra) also purported to classify these type of cases into three categories, on a review of the entire gamut of law. it was observed therein as follows:15. whether an employee at the end of the probationary period automatically gets confirmation in the post or whether ..... of cases.10. this court had an occasion, to review, analyse critically and clarify the principles on an exhaustive consideration of the entire case law in two recent decisions reported in dayaram dayal's case (supra) and wasim beg's case (supra). one line of cases has held that ..... promotion to a temporary post in any service the person concerned shall be continued on an officiating basis in the temporary post.9. the law on the subject has been varying, depending upon the peculiar pattern of the service rules/regulations concerned and the scheme underlying the same inspite ..... anr. : air1997sc3269 and wasim beg v. state of u.p. and ors. : (1998)illj1209sc , besides inviting our attention to some of the case law referred to therein. the impugned orders of termination of services of the respondents, though claimed to be orders terminating the probation and consequently their services are in .....

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May 04 2000 (SC)

Dlf Universal Ltd. Vs. Appropriate Authority and anr. Etc.

Court : Supreme Court of India

Decided on : May-04-2000

Reported in : (2000)160CTR(SC)401

..... because the time during which this had to be done has since expired. since the appropriate authority failed to exercise the jurisdiction vested in it by law, and because we are proposing to set aside the order dated 24-6-1994, no purpose would be served by sending the matter back to the ..... of the act. then the high court went on to hold as under: -'after having, thus, found that the appropriate authority acted in violation of law and beyond the jurisdiction vested in it, we have no hesitation in holding that it has lost the right to adjudicate upon the issue of the genuineness ..... set aside the orders of the appropriate authority. it directed that the appropriate authority shall take decisions afresh in each of the cases in accordance with law and consistently with the principles stated in the judgment which may be done within a period of three months. since we have not agreed with ..... least four months before the intended date of transfer. this is so notwithstanding anything contained in the transfer of property act, 1882 or in any other law. this agreement for transfer is now required to be reduced in writing in the form of a statement by both the parties. the statement is ..... judgment allowed the petitions, set aside the orders of the appropriate authority and requiring it to take fresh decision in each of the cases in accordance with law and keeping in view the principles laid by the high court in its judgment. aggrieved appropriate authority has filed 11 appeals. m/s. dlf universal ltd .....

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Nov 08 2000 (FN)

United States Vs. Mead Corp.

Court : US Supreme Court

Decided on : Nov-08-2000

..... well-considered views of expert observers. it was possible to live with the indeterminacy of skidmore deference in earlier times. but in an era when federal statutory law administered by federal agencies is pervasive, and when the ambiguities (intended or unintended) that those statutes contain are innumerable, totality-of-thecircumstances skidmore deference is a ..... above, the one test for chevron deference that the court enunciates is wonderfully imprecise: whether "congress delegated authority to the agency generally to make rules carrying the force of law, ... as by ... adjudication[,] notice-and-comment rulemaking, or ... some other [procedure] indicati[ng] comparable congressional intent." but even this description does not do justice ..... s authoritative interpretation, henceforth such an application can be set aside unless "it appears that congress delegated authority to the agency generally to make rules carrying the force of law," as by giving an agency "power to engage in adjudication or notice-and-comment rulemaking, or ... some other [procedure] indicati[ng] comparable congressional intent," and ..... intended to delegate particular interpretive authority to an agency, chevron is "inapplicable"). it is fair to assume generally that congress contemplates administrative action with the effect of law when it provides for a relatively formal administrative procedure tending to foster the fairness and deliberation that should underlie a pronouncement of such force.ll cf. smiley .....

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Feb 16 2000 (SC)

Sunil Fulchand Shah Vs. Union of India and ors.

Court : Supreme Court of India

Decided on : Feb-16-2000

Reported in : AIR2000SC1023; 2000CriLJ1444; 2000(1)CTC694; 2000(68)ECC209; (2000)2GLR1532; JT2000(2)SC230; RLW2000(2)SC213; 2000(1)SCALE660; (2000)3SCC409; [2000]1SCR945

..... the interests of the nation above the individual liberty of the anti-social and dangerous elements who constitute a grave menace to society by their unlawful acts, the preventive detention laws have been made for effectively keeping out of circulation the detenus during a prescribed period by means of prevention (preventive) detention. the objective underlying preventive detention-cannot be ..... would not only be opposed to realities but would defeat the very purpose of preventive detention and would also lead to making a mockery of the prevention (preventive) detention laws enacted by the center or the states. with respect to the object and purpose of the preventive detention this court observed that:the entire scheme of preventive detention is ..... prisoner temporarily for a special purpose or completely before the expiry of a sentence, on the promise of good behavior; such a promise, a word of honour. black's law dictionary - sixth editionrelease from jail, prison or other confinement after actually serving part of sentence; conditional release from imprisonment which entitles parolee to serve remainder of his term outside ..... power being drastic, the restrictions placed on a person to preventively detain must, consistently with the effectiveness of detention, be minimal. in a democracy governed by the rule of law, the drastic power to detain a person without trial for security of the state and/or maintenance of public order, must be strictly construed. this court, as the guardian .....

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