Court : US Supreme Court
Decided on : Mar-23-1983
..... state court's decision is brought in united states district court and alleges violations of the united states constitution, then by definition it does not seek appellate review. it is plainly within the federal question jurisdiction of the federal court. 28 u. ..... issues were before the district of columbia court of appeals. this case is not like england v. louisiana board of medical examiners, 375 u. s. 411 (1964), which arose in the abstention context, and discussed a litigant's right ..... graduates of other approved law schools, or other persons who have successfully completed at least three years toward a bachelor's degree at a regionally accredited college or university." id. at 140a. [ footnote 8 ] the complaint named as defendants the ..... of the district of columbia court of appeals . . . reviewable by the supreme court of the united states in accordance with section 1257 of title 28, united states code." 111, 84 stat. 475 (codified at d.c.code 11-102 (1981)). another ..... courts shall have original jurisdiction of all civil actions arising under the constitution, laws, or treaties of the united states." [ footnote 2/2 ] constitutional challenges to specific licensing actions may, of course, fail on the merits. but in my view, if plaintiffs challenging ..... law school, and for that reason justified a waiver of the rule, the district of columbia court of appeals acted arbitrarily and capriciously and deprived him of his liberty and property without due process of law. ibid. finally, feldman .....Tag this Judgment!
Court : US Supreme Court
Decided on : Apr-19-1983
..... contractor has allocated these costs as attributable to the particular contract. [ footnote 16 ] direct costs certainly pertain directly to even a fixed-price contract, for direct costs are, by definition, readily identifiable as attributable to the specific product supplied under the contract. consequently, as a rational businessman, the contractor will have some regard for these costs in setting even a ..... . . goods that eventually find their way into defense production . . . is going to have to supply all the answers to the gao on everything he manufactures." id. at 13376. "[e]very section of his books will have to come under the complete scrutiny of the gao." ibid. in response, representative hardy did not dispute this characterization of the scope of the gao ..... to the hoffman precedent is accurate, merck would have to prove that a gao review of its records would require similar or greater disruption. [ footnote 2/21 ] the court does not explicitly discuss the degree of access permissible to the gao in instances where the government enters into a fixed-price contract in reliance on cost representations by the contractor. there ..... attributable to a particular product. [ footnote 12 ] it is significant to note that the profit study of the defense industry, which congress authorized as part of the military appropriations act of 1970, pub.l. 91-121, 408, 83 stat. 204, is the only occasion on which congress has deliberately granted the gao the kind of broad-ranging authority it .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jan-01-1983
..... controversy because the secretary has assumed, for the purpose of our consideration of the stay application, that the ninth circuit's requirement that the secretary produce some evidence of medical improvement is sound. of course, in considering the application to vacate the stay, it is also essential to balance the equities. however, as justice rehnquist recognized, ..... the payment of disability benefits to persons who have previously been found to be disabled and entitled to benefits under titles ii and xvi of the social security act notwithstanding the complete absence of evidence that the recipient's medical condition has improved. in maintaining this position, the secretary refused to follow the settled law in the ninth circuit, ..... and upon reapplication, to reinstate their benefits pending a termination hearing at which the secretary must produce some evidence of medical improvement. [ footnote 1 ] it is this portion of the district court's injunction which justice rehnquist, acting as circuit justice, stayed pending the secretary's appeal to the ninth circuit. today the court declines to vacate the ..... which requires her to adduce some evidence of medical improvement before terminating disability benefits. see patti v. schweiker, 669 f.2d 582 ( ca9 .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Oct-07-1983
Reported in : 1(1984)ACC183
..... may 1972. the claim was filed by the appellant a long time thereafter on september 4, 1973. proviso to sub-section (3) of section 110-a of the motor vehicles act confers powers on the tribunal to entertain a claim even after the expiry of the prescribed period if it is shown that ..... has been unable to marry since then and in future if at all he will be married to a girl of a lower status. the medical evidence referred to above indicates that his present disability is 40 per cent. the doctor speaks of the serionus crisis and grave shock suffered by ..... haryana roadways struck against him. he was immediately removed to the general hospital, sector 16 and, thereafter to the post graduate institute of medical education and research, chandigarh. he was medically examined by dr. b.p. bansal, assistant professor, orthopaedic department of the p.g.i, at 8.30 a.m. and ..... following issues:(1) whether the claim application is within limitation if not whether there is sufficient ground for condonation of delay in filing this application ?(2) whether the accident took place due to rash and negligent driving of respondent no. 3 ?(3) whether the claimant is entitled to any compensation ..... following injuries were found on his person : --(1) crushed injury of the right leg in its lower third with skinloss of 8' x 6' and there was a compound comminated fracture of both bones of the right leg.(2 .....Tag this Judgment!
Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on : Nov-07-1983
Reported in : (1984)(15)ELT216TriDel
..... chemist to the shoe and leather industries, chief chemist, empire stein and finish co. published by r.h. johns ltd., newport, contains a section on spirit dressings which are said to be prepared by dissolving natural resins such as shellac, sandarac, benzoin and manila-copal in mixtures of organic solvents usually industrial methylated spirit ..... this book, synthetic resins have recently been developed for use in shoe dressing, and are usually applied by the spray method. they are flexible and can be supplied in various degrees of brightness. the dressing is colourless as otherwise the linings and edges will be stained. modern shoe dressings (the raw materials, manufacture and application) by w.d. john, consultant ..... by shri k. narasimhan, advocate argued at the hearing on 24th, 25th and 26th october, 1983. he argued their product was registered under the trade and merchandise and marks act in december, 1969 as manufactures of leather dressings and not in class iv. excise licences certified them to be manufacture of leather dressing. by virtue of this classification, they are ..... requirements for the same. we will, therefore, have to examine for ourselves to see if the leather resins produced by s.k. industries are indeed varnish assessable under item 14-ii (i).21. the collector found that the assessment under item 14 was perfectly in order because this item covers, amongst others, "water pigment finishes for leather". we should dispose .....Tag this Judgment!
Court : Income Tax Appellate Tribunal ITAT Allahabad
Decided on : Aug-11-1983
Reported in : (1983)6ITD407(All.)
..... for the assessee, relied upon the order of the learned aac. he pointed out that the assessee became a mutawalli in 1958. referring to the definition of wakf under section 3 of the u.p. muslim wakfs act, 1960, he pointed out that it included wakf by user. he also submitted that in cases of oral wakf a mere declaration was enough. in ..... .p. and the evidence recorded by the officials of the board in order to verify the assessee's claim. the assessee also produced extracts from a bombay journal published in 1916 wherein the reference regarding the wakf was available. the aac felt that the assessee's claim was not without any basis. but, considering that the evidences produced on behalf of ..... this appeal is whether the land in question is wakf land so that it cannot be included in the net wealth of the assessee for the wealth-tax assessment purposes.2. in quasha zaidpur pargana satrikh tehsil nawabganj, district barabanki (u.p.), there is 601 bighas of agricultural land/grove land.the portion of 121 bighas containing the residential house admittedly ..... the assessee had failed to produce any documentary evidence with regard to the creation of the wakf prior to the assessment year 1970-71 ; (ii) that a registered deed of wakf was necessary under the transfer of property act, 1882 ; (iii) that the shia central board of wakfs, u.p., had recognised the wakf only with effect from 20-6-1970 when .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jun-24-1983
..... action would have sustained the first action." in the restatement (second) of judgments (1982), a more pragmatic approach, one "not capable of a mathematically precise definition," was adopted. id. 24, comment b. under this approach, causes of actions are the same if they arise from the same "transaction"; whether they ..... be contained in the newlands project, and that the government was acting under the aegis of the reclamation act of 1902 in bringing that action. [ footnote 8 ] section 8 of that act provides: page 463 u. s. 122 "that nothing in this act shall be construed as affecting or intended to affect or to ..... of and to be appurtenant to all of the irrigable area now or hereafter developed under the above-named project within the tract of land described in paragraph 2. " 4 record, doc. no. 92, exhibit c (emphasis added). [ footnote 10 ] the policies advanced by the doctrine of res judicata perhaps ..... in the cases challenging the court of appeals' decision, 459 u.s. 904 (1982), and we now affirm in part and reverse in part. ii the government opens the "summary of argument" portion of its brief by stating: "the court of appeals has simply permitted a reallocation of the water ..... the temporary restraining order. the united states objected, demanding an increase in the reservation's water rights to allow for the irrigation of an additional 2,745 acres of reservation land. after some resistance, the government's demand was accepted and a settlement agreement was signed on july 1, 1935. .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jun-15-1983
..... receive wage increases from time to time. this factor is generally not taken into account when loss of future wages is determined, because there is no definite way of determining at the time of trial what wage increases the plaintiff may expect to receive in the years to come. however, this factor may ..... that would be earned on "the best and safest investments." id. at 241 u. s. 491 . once it is assumed that the injured worker would definitely have worked for a specific term of years, he is entitled to a risk-free stream of future income to replace his lost wages; therefore, the discount ..... in common is that they presume that the ideal discount rate -- the after-tax market interest rate on a safe investment -- is (to a legally tolerable degree of precision) completely offset by certain elements in the ideal computation of the estimated lost stream of future income. they all assume that the effects of future ..... compensation from page 462 u. s. 529 his employer, whether or not the injury was caused by the employer's negligence. [ footnote 2 ] section 5(a) of the act appears to make that liability exclusive. [ footnote 3 ] it reads: "the liability of an page 462 u. s. 530 employer prescribed in ..... money. it has been page 462 u. s. 537 settled since our decision in chesapeake & ohio r. co. v. kelly, 241 u. s. 485 (1916), that, "in all cases where it is reasonable to suppose that interest may safely be earned upon the amount that is awarded, the ascertained future benefits ought to be .....Tag this Judgment!
Court : US Supreme Court
Decided on : May-31-1983
..... . indeed, full review of the judgment may expedite the collection process, since the states know their ultimate liability with certainty. the agency's determination of the deficiency here represented a definitive statement of its position, determining the rights and obligations of the parties, see standard oil co., supra, at 449 u. s. 239 (explaining abbott laboratories v. gardner, 387 u. s ..... appeal board appeals pending before the title i audit hearing board when the education appeal board was created. see 20 u.s.c. 1234(f) (1976 ed., supp. v). [ footnote 2 ] section 182(a), as set forth in 20 u.s.c. 2832(a) (1976 ed., supp. v), provides in part: "the secretary shall not approve an application . . . until he has made ..... and which were transferred to the education appeal board, judicial review is available in the courts of appeals. see hallowell v. commons, 239 u. s. 506 , 239 u. s. 508 (1916) (change of forum can be applied retroactively); n 3, supra. thus, the states have an opportunity to litigate in the courts of appeals whether the findings of the secretary are ..... court of appeals for the third circuit syllabus respondent states received funds as part of the federal grant-in-aid prog1am under title i of the elementary and secondary education act of 1965 (esea) a program designed to improve the educational opportunities available to disadvantaged children. subsequently, federal auditors determined that each state had misapplied the funds. the education appeal board .....Tag this Judgment!
Court : US Supreme Court
Decided on : May-16-1983
..... minor contentions." in each of these three cases, the plaintiffs obtained essentially complete relief. the legislative history, therefore, does not provide a definitive answer as to the proper standard for setting a fee award where the plaintiff has achieved only limited success. consistent with the legislative history ..... than the united states, a reasonable attorney's fee as part of the costs." civil rights attorney's fees awards act of 1976, 90 stat. 2641. section 1988 was drafted based on congress' experience with over 50 fee-shifting provisions in other statutes, dating back to reconstruction- ..... to bring a lawsuit or whenever conscientious counsel tried the case with devotion and skill. again, the most critical factor is the degree of success obtained. application of this principle is particularly important in complex civil rights litigation involving numerous challenges to institutional practices or ..... rights. id. at 923-925. under "seclusion and restraint," the court rejected respondents' claim that patients were given excessive medication as a form of behavior control. the court then found that petitioners' practices regarding seclusion and physical restraint were not minimally adequate. id. ..... the practice of awarding attorneys' fees which had been going on for years prior to the court's . . . decision"). [ footnote 2/2 ] because of this selectivity, statutory attorney's fee remedies such as those created by 1988 and its analogues bear little resemblance to either common .....Tag this Judgment!