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Judgment Search Results Home > Cases Phrase: medical degrees act 1916 section 2 definitions Court: us supreme court Year: 1983 Page 1 of about 87 results (0.127 seconds)

Jul 06 1983 (FN)

Barefoot Vs. Estelle

Court : US Supreme Court

Decided on : Jul-06-1983

..... u. s. 892 . if, as the court says, the court of appeals was "obligated to decide the merits of the appeal," ante at 463 u. s. 893 , it most definitely failed to discharge that obligation, for the court never ruled on petitioner's appeal. it is simply false to say that "the court of appeals ruled on the merits of ..... afforded an unlimited opportunity to make their contentions upon the underlying merits and oral argument. this opinion demonstrates the reasons for our decision." 697 f.2d at 596. in a section of its opinion entitled "merits of appeal: psychiatric testimony on dangerousness," the court of appeals then proceeded to address that issue and reject petitioner's contentions. the course pursued ..... " id. at 2072 (emphasis supplied), and that he could give " an expert medical opinion that would be within reasonable psychiatric certainty as to whether or not that individual would be dangerous to the degree that there would be a probability that that person would commit criminal acts of violence in the future that would constitute a continuing threat to society," id. at ..... criminology at 230, and the stark fact is that no such expertise exists. moreover, psychiatrists, it is said, sometimes attempt to perpetuate this illusion of expertise, cocozza & steadman, supra, n. 2, 25 soc.probs. at 274, and doctors grigson and holbrook -- who purported to be able to predict future dangerousness "within reasonable psychiatric certainty," or absolutely -- present extremely disturbing examples page .....

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Jun 15 1983 (FN)

Akron Vs. Akron Ctr. for Reprod. Health

Court : US Supreme Court

Decided on : Jun-15-1983

..... state's legitimate purpose in requiring informed consent. nonetheless, the court of appeals determined that it interfered with the physician's medical judgment "in exactly the same way as section 1870.06(b). it requires the doctor to make certain disclosures in all cases, regardless of his own professional judgment as ..... unborn child are disposed of in a humane and sanitary manner." the court of appeals found that the word "humane" was impermissibly vague as a definition of conduct subject to criminal prosecution. the court invalidated the entire provision, declining to sever the word "humane" in order to uphold the requirement ..... imposed on the abortion decision, harris, 448 u.s. at 448 u. s. 328 (white,j., concurring). that a state regulation may "inhibit" abortions to some degree does not require that we find that the regulation is invalid. see h. l. v. matheson, 450 u. s. 398 , 450 u. s. 413 ( ..... familial integrity" in the abortion context. see, e.g., h. l. v. matheson, 450 u. s. 398 , 450 u. s. 411 (1981). [ footnote 2/2 ] although the court purports to retain the trimester approach as "a reasonable legal framework for limiting" state regulatory authority over abortions, ante at 462 u. s. 429 , ..... 901 (1976), the district court upheld a "humane disposal" provision against a vagueness attack in light of the state's representation that the intent of the act " is to preclude the mindless dumping of page 462 u. s. 475 aborted fetuses onto garbage piles.'" 401 f.supp. at 573. the district .....

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Jun 08 1983 (FN)

Delcostello Vs. Teamsters

Court : US Supreme Court

Decided on : Jun-08-1983

..... 60 ; id. at 451 u. s. 71 -75, and n. 1 (stevens, j., concurring in part and dissenting in part). [ footnote 2 ] 249 stat. 453. that section provides in pertinent part: " provided . . . no complaint shall issue based upon any unfair labor practice occurring more than six months prior to the filing ..... raising federal questions -- such as patent suits or suits under the national labor relations act -- we bluntly observed that "[t]he section itself neither contains nor suggests such a distinction." 155 u.s. at 155 u. s. 616 . [ footnote 2/2 ] when the court recognized the cause of action in vaca v. sipes, 386 ..... courts of the united states in cases where they apply." in 1895, construing that act, we held that state statutes of limitations provided the relevant rules of decision in patent infringement actions, explaining: "that this section [rev.stat. 721] embraces the statutes of limitations of the several states has ..... mitchell in resolving the employee-employer dispute presented in no. 81-2386. for these reasons, i respectfully dissent. [ footnote 2/1 ] in 1789, the first congress enacted the rules of decision act (act), rev.stat. 721, 1 stat. 92, plainly stating: "that the laws of the several states, except where the ..... address the contention that we should instead borrow a federal statute of limitations, namely, 10(b) of the national labor relations act, 29 u.s.c. 160(b). [ footnote 2 ] these cases present these two issues. page 462 u. s. 155 we conclude that 10(b) should be the applicable .....

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Jun 20 1983 (FN)

Newport News Shipbuilding Co. Vs. Eeoc

Court : US Supreme Court

Decided on : Jun-20-1983

..... new statute (the pregnancy discrimination act) amended the "definitions" section of title vii, 42 u.s.c. 2000e, to add a new subsection (k) reading in pertinent part as follows: "the terms 'because of sex' or 'on the basis of sex' include, but are not limited to, because of or on the basis of pregnancy, childbirth, or related medical conditions; and women affected by ..... (1977). see also southeastern community college v. davis, 442 u. s. 397 , 442 u. s. 411 , n. 11 (1979). [ footnote 2/8 ] the court also concedes at one point that the senate report on the pregnancy discrimination act "acknowledges that the new definition [in the act] does not, itself, resolve the question" presented in this case. ante at 462 u. s. 680 , n. 20. ..... , the court of appeals for the seventh circuit agreed with the ninth circuit. eeoc v. joslyn mfg. & supply co., 706 f.2d 1469 (1983). [ footnote 11 ] section 703(a), 42 u.s.c. 2000e-2(a), provides in pertinent part: "it shall be an unlawful employment practice for an employer --" "(1) to fail or refuse to hire or discharge any individual, or ..... workers. [ footnote 21 ] against page 462 u. s. 682 this background we review the terms of the amended statute to decide whether petitioner has unlawfully discriminated against its male employees. ii section 703(a) makes it an unlawful employment practice for an employer to "discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such .....

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Mar 07 1983 (FN)

Briscoe Vs. Lahue

Court : US Supreme Court

Decided on : Mar-07-1983

..... field of civil rights. its primary purpose was to guarantee the newly emancipated negro equality with whites before the law. section 2 of the act provided criminal liability for any person who, acting under color of law, deprived another of his rights because of race. this provision was extensively debated. controversy centered in ..... to the party injured in any action at law, suit in equity, or other proper proceeding for redress. . . ." act of apr. 20, 1871, 1, 17 stat. 13. section 2 of the 1866 civil rights act read in pertinent part: "that any person who, under color of any law, statute, ordinance, regulation, or custom, shall ..... had the power to provide it. [ footnote 20 ] see monroe v. pape, 365 u. s. 167 , 365 u. s. 174 (1961). section 2 was designed specifically to provide criminal and civil remedies in federal court for the conspiratorial activities of the klan. indeed, the provision singles out those who "go in ..... . horowitz, 535 f.2d 830, 836-837 (ca3 1976) (lay witness in federal court; bivens action); burke v. miller, 580 f.2d 108 (ca4 1978) (state medical examiner; 1983 action), cert. denied, 440 u.s. 930 (1979); charles v. wade, 665 f.2d 661 (ca5 1982) (police officer victim; 1983 suit), cert. ..... s. 344 would be diverted from the pressing duty of enforcing the criminal law." 424 u.s. at 424 u. s. 425 . to some degree, the individual's burden might be alleviated by the government's provision of counsel, but a case that goes to trial always imposes significant emotional and .....

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Jun 15 1983 (FN)

Nlrb Vs. Transportation Mgmt.

Court : US Supreme Court

Decided on : Jun-15-1983

..... by discrimination in regard to hire or tenure of employment or any term or condition of employment to encourage or discourage membership in any labor organization. . . ." [ footnote 2 ] section 10(c) provides, in relevant part: "if upon the preponderance of the testimony taken the board shall be of the opinion that any person named in the complaint has ..... board does not disagree, that, throughout the proceedings, the general counsel carries the burden of proving the elements of an unfair labor practice. section 10(c) of the act, 29 u.s.c. 160(c), expressly directs that violations may be adjudicated only "upon the preponderance of the testimony" taken by the ..... the burden of persuasion on one issue in mt. healthy city board of education v. doyle, 429 u. s. 274 (1977). section 7(c) of the administrative procedure act, 5 u.s.c. 556(d), provides that the proponent of an order has the burden of proof. since the general counsel ..... .s.c. 160(c). [ footnote 3 ] the board's wright line decision has been rejected by the second and third circuits, see nlrb v. new york university medical center, 702 f.2d 284 (ca2 1983), cert. pending, no. 82-1705; behring international, inc. v. nlrb, 675 f.2d 83 (ca3 1982), cert. ..... u. s. 404-405. white, j., delivered the opinion for a unanimous court. justice white delivered the opinion of the court. the national labor relations act (nlra or act), 29 u.s.c. 151 et seq. (1976 ed. and supp. v), makes unlawful the discharge of a worker because of union activity, 8(a .....

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Dec 16 1983 (SC)

Bandhua Mukti Morcha Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Decided on : Dec-16-1983

Reported in : AIR1984SC802; 1984LabIC560; 1983(2)SCALE1151; (1984)3SCC161; [1984]2SCR67; 1984(16)LC29(SC)

..... are not fulfilled and hence the exclusion of the provisions of the mines act 1952 (other than the excepted sections) is not attracted and all the provisions of the mines act 1952 apply to these stone quarries. it may also be noted that the definition of 'mine' in section 2(j) includes in clause (x) any premises or part thereof in or ..... the executive possesses a measure of both legislative an judicial functions, and the court, in its duty of interpreting the law, accomplishes in its perfected action a marginal degree of legislative exercise. nonetheless, a fine and delicate balance is envisaged under our constitution between these primary institutions of the state. in similar constitutions elsewhere the courts have ..... it is recently that the second has begun substantially to engage the functional attention of the judicial administration. in the united states, the warren court achieved a remarkable degree of success in decreeing affirmative action programmes for the benefit of minorities and other socially or economically disadvantaged interests through the avenues of public law. in india, we ..... new skills and developing existing skills, promoting traditional arts and crafts, provision of wage employment and enforcement of minimum wages, collection and processing of minor forest produce, health, medical care and sanitation, supply of essential commodities, education of children of bonded labourers and protection civil rights; (iii) there is scope for bringing about an integration among the .....

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Oct 25 1983 (SC)

Charanji Lal Vs. State of Punjab

Court : Supreme Court of India

Decided on : Oct-25-1983

Reported in : AIR1984SC80a; 1984CriLJ15; 1983(2)Crimes850(SC); 1983(2)SCALE642; (1984)1SCC329; [1984]1SCR513; 1984(16)LC170(SC)

..... . to appreciate the contentions raised, it is necessary to set out the relevant provisions. the expression 'adulterated' is defined in section 2(ia)(1) of the act which reads :2. definitions : in this act unless the context otherwise requires,-(ia) adulterated'-an article of food shall be deemed to be adulterated(1) if the quality or purity of the article falls below the prescribed ..... laboratory, as the case may be. it would be seen that the phrase 'lost or damaged' appears both in sub-section (2) of section 11 and in the proviso to sub-section (2c) of section 13, and these provisions have been inserted by parliament with a definite object.13. the word 'damaged' in the collocation of the words 'lost or damaged' appearing in the proviso to ..... prescribed by law.3. the relevant facts are these. the appellant runs a sweetmeat . shop at sadar bazar, moga. on january 3, 1978 dr. paramjit singh, medical officer, r.d. ramnagar, district faridkot, pw 2 along with dr. narinder kurnar, pw 3 visited the shop of the appellant, disclosed his identity as a food inspector and demanded 750 grammes of kutcha khoya .....

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Sep 02 1983 (SC)

S.K. Verma Vs. Mahesh Chandra and anr.

Court : Supreme Court of India

Decided on : Sep-02-1983

Reported in : AIR1984SC1462; 1983LabIC1483; (1983)IILLJ429SC; 1983(2)SCALE199; (1983)4SCC214; [1983]3SCR799; 1983(2)SLJ570(SC)

..... industrial tribunal upheld the preliminary objection and ruled that development officers in the life insurance corporation of india are not workmen within the meaning of section 2(s) of the industrial dispute, act. the reference was therefore held to be incompetent. a writ petition filed by s.k. verma was dismissed in limine by the delhi high ..... court. s.k. verma has come before us under article 136 of the constitution.4. 'workman' was originally defined by section 2(s) of the industrial disputes act 1947 as meaningany person employed (including an apprentice) in any industry to do any skilled manual or clerical work for hire or reward and includes ..... an industrial dispute, a workman discharged during that dispute but does not include any person employed in the naval, military or air service of the crown.the definition under went a substantial amendment in 1956 and this is how it stands now :workman' means any person (including an apprentice) employed in any industry to ..... form to the parties concerned. if you permit any of your agents either requited by you or allotted to you to conduct the medical examination of a proponent without first realising an advance deposit and if such a proposal does not result in a policy the ..... medical fees unnecessarily incurred will be debited to your account.9. record of daily work :you are required to make daily entries in the .....

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Jan 18 1983 (SC)

Haji Siddik Haji Umar and ors. Vs. Union of India (Uoi)

Court : Supreme Court of India

Decided on : Jan-18-1983

Reported in : AIR1983SC259; 1983(1)SCALE48; (1983)1SCC408; [1983]2SCR249

..... -section (2), all property which under any law repealed hereby purports to have vested as evacuee property in any ..... the administration of evacuee property ordinance, 1949 (xxvii of 1949), then notwithstanding anything contained in this act or any other law for the time being in force, such proceeding shall be disposed of as if the definitions of 'evacuee property' and 'evacuee' contained in section 2 of this act had become applicable thereto.(2a) without prejudice to the generality of the provisions contained in sub ..... relevant provisions of the act which have to be considered are section 8(2), section 8(2a), section 16(1), section 28, section 46 and section 58. it may he mentioned here that section 8(2a) of the act was inserted into the act by the administration of evacuee property (amendment) act, 1960 (act i of 1960) on february 27, 1960 but section 2 of that act declared that that new sub-section 'shall be inserted and .....

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