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Judgment Search Results Home > Cases Phrase: medical degrees act 1916 section 2 definitions Year: 1983 Page 47 of about 524 results (0.227 seconds)

Mar 07 1983 (FN)

Hillsboro Nat'l Bank Vs. Commissioner

Court : US Supreme Court

Decided on : Mar-07-1983

..... . while 162(a) permits a deduction for ordinary and necessary business expenses, 262 explicitly page 460 u. s. 396 denies a deduction for personal expenses. in the 1916 act, the two provisions were a single section. see 5(a)(first), 39 stat. 756. the provision has been uniformly interpreted as providing a deduction only for those expenses attributable to the business of the ..... cases that establish the rule. further, the taxpayers' proposal would introduce an undesirable formalism into the application of the tax benefit rule. lower courts have been able to stretch the definition of "recovery" to include a great variety of events. for instance, in cases of corporate liquidations, courts have viewed the corporation's receipt of its own stock as a "recovery ..... .a. 765, 769 (1942), rev'd sub nom. harwick v. commissioner, 133 f.2d 732 (ca8), rev'd sub nom. dobson v. commissioner, 320 u. s. 489 (1943). [ footnote 2/4 ] section 111(a) provides: "gross income does not include income attributable to the recovery during the taxable year of a bad debt, prior tax, or delinquency amount, to the extent of ..... "cancel out" an earlier deduction if the premise on which it is based is "fundamentally inconsistent" with an event in a later year. ante at 460 u. s. 383 . [ footnote 2/2 ] the court's reformulation of the tax benefit rule constitutes an extremely significant enlargement of the tax collector's powers. in order to identify the groundbreaking character of the decision .....

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Feb 22 1983 (FN)

Hewitt Vs. Helms

Court : US Supreme Court

Decided on : Feb-22-1983

..... in charge of the institution, not routinely but based upon his assessment of the situation and the need for control pending application of procedures under 95.103 of this title." section 95.104(b)(3) of the same title provides: "an inmate may be temporarily confined to close or maximum administrative custody in an investigative status upon approval of the ..... v. daggett, 429 u. s. 78 , 429 u. s. 88 , n. 9 (1976). as we have held previously, these decisions require that, "[a]s long as the conditions or degree of confinement to which the prisoner is subjected is within the sentence imposed upon him and is not otherwise violative of the constitution, the due process clause does not in ..... prisoner is singled out for disparate treatment, and if the disparity is sufficiently severe, his liberty is at stake. [ footnote 2/12 ] page 459 u. s. 487 in this case, by definition, the institutional norm is confinement in the "general prison population." [ footnote 2/13 ] the deprivation of which respondent complains is transfer to "administrative segregation" -- that is, solitary confinement -- which, by ..... time, because he was awaiting the preliminary hearing on the pending state criminal charges. "in addition, more information could have come to light at the preliminary hearing revealing additional acts of assault or institutional misconduct by plaintiff which should be handled at a single administrative hearing." on january 18, he wrote a misconduct report because an assistant attorney general .....

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Feb 22 1983 (FN)

Associated Gen. Contractors Vs. Carpenters

Court : US Supreme Court

Decided on : Feb-22-1983

..... ): "congress used the phrase 'any person' intending it to have its naturally broad and inclusive meaning. there was no mention in the floor debates of any more restrictive definition." only last term, we emphasized that the all-encompassing language of 4 "reflects congress' 'expansive remedial purpose' in enacting 4: congress sought to create a private enforcement ..... of defendant to cause injury to a particular class of persons should "ordinarily be dispositive" in creating standing to sue); lytle & purdue, antitrust target area under section 4 of the clayton act: determination of standing in light of the alleged antitrust violation, 25 am.u.l.rev. 795, 814-816 (1976) (suggesting that standing in a group ..... 29-31); intentional interference with contractual relations (?? 32-35); intentional interference with business relationships (?? 36-39); and violation of the california antitrust statute (?? 40-43). [ footnote 2 ] for example, it is alleged that defendants breached their collective bargaining agreements "by failing to pay agreed-upon wages, by failing to use the hiring hall, by failing to ..... employers. in seven subsections, paragraph 24 sets forth activities allegedly committed pursuant to the conspiracy. the most specific allegations relate to the labor relations between the parties. [ footnote 2 ] the complaint's description of actions affecting nonparties is both brief and vague. it is alleged that defendants "(3) advocated, encouraged, induced, and aided nonmembers of defendant .....

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Apr 20 1983 (HC)

M. Ramalingam Vs. Bhagwandas Mahesh Kumar Maheswari, Hindu Undivided F ...

Court : Chennai

Decided on : Apr-20-1983

Reported in : (1984)1MLJ285

..... suit and of the decree, we have found that he had knowledge of the suit, having been served with the order; of injunction on 12th january, 1980. definitely, by that, he must have had knowledge about the nature of the suit and its details. his explanation that he left the matter at that, without following up ..... days from the date of the decree, the delay beyond 30 days will have to be explained, making a sufficient cause therefor within the meaning of section 5 of the limitation act, 1963. it is not necessary to delinate as to what all factors would constitute 'sufficient cause'. it will depend upon the facts and circumstances of ..... and knowledge of the proceedings before court and of the decree cannot be imputed to him on this basis.7. it is true that order 5, rule 20 (2) of the code states that service ' substituted by order of court shall be as effectual as if it had been made on the defendant personally. but this ..... ,2 and 6 to 9.2. this application was ordered and we find from the proceedings of the assistant 'registrar (original side) of this court that affixture on the court notice ..... s summons in the said application runs as follows : -(b) why this honourable court should not be pleased to order substituted service for the defendants 1, 2 and 4 to 9, through publication, in one issue of malai murasu and affixture of summons on court notice board of defendants 1 .....

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Aug 11 1983 (TRI)

Wealth-tax Officer Vs. Gopi Chand Rawat

Court : Income Tax Appellate Tribunal ITAT Delhi

Decided on : Aug-11-1983

Reported in : (1983)5ITD667(Delhi)

..... is now well settled that when the wto proceeds to assess the value of the assets of the assessee, by adopting the global method of valuation under section 7(2)(a) of the act, then the valuation of the assets given in the balance sheet of the assessee for the relevant year should normally be taken to indicate the real ..... 'the price for which the goods can be had in the market irrespective of any contract regarding the price between the parties'. for purposes of the mysore land acquisition act (iv of 1894) the term 'market value' has been held to mean the price that an owner willing and not obliged to sell might reasonably expect to obtain from ..... hands ; 4. the dispute relates to the applicability of rule 2b(2) of the wealth-tax rules, 1957. rule 2b(2), inter alia, provides that where the market value of an asset exceeds the value adopted for the purpose of assessment under the income-tax act, 1961 ('the 1961 act') by more than 20 per cent, the value of that asset, ..... at all be invoked while valuing the interest of a partner in the firm and (2) whether, as a fact the market value exceeded 20 per cent of the value adopted for the purpose of assessment under the 1961 act and what exactly is the market value thereof. so far as the first issue is concerned, even though it ..... the aforesaid reasons i agree with the view of the learned judicial member. this file may now be sent to the jaipur bench for passing an order under section 24(11) of the act read with section 255(4) of the income-tax .....

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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 30 1983 (FN)

Arizona Vs. California

Court : US Supreme Court

Decided on : Mar-30-1983

..... 64. he regarded the two boundary disputes before the court in 1963 as involving "conflicting positions within the interior department or ambiguities in the description of boundaries." had the recent "definitive" secretarial orders, which have "swe[pt] aside inconsistencies and ambiguities," existed at the time of the hearing before the prior master, they "would have removed any choice that the ..... river and fort mojave reservations, but it also left open the issues about the boundaries of the other reservations: "[t]he quantities [of water] fixed in [the 1964 decree sections setting forth the water rights of each of the five tribes] shall continue to be subject to appropriate adjustment by agreement or decree of this court in the event that ..... at length and determined that the states would not be significantly prejudiced by adjustments in the 1964 decree. tuttle report 38-46. [ footnote 2/7 ] the whole question of reliance by the states, however, involves the highest degree of speculation. first, the amount of water entering the lower basin at lee ferry, ariz., and available for use by lower basin interests ..... statutory directive, this court has applied to disputes between states over entitlement to water from interstate streams. nor was the local law of prior appropriation necessarily controlling. the project act itself was held to have created a comprehensive scheme for the apportionment among california, nevada, and arizona of the lower basin's share of the mainstream waters of the .....

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Mar 29 1983 (FN)

Minneapolis Star Vs. Minnesota Comm'r

Court : US Supreme Court

Decided on : Mar-29-1983

..... ) (per curiam) (emphasis added), "equal protection analysis requires strict scrutiny of a legislative classification only when the classification impermissibly interferes with the exercise of a fundamental right. . . ." see also california medical assn. v. fec, 453 u. s. 182 (1981); maher v. roe, 432 u. s. 464 (1977); storer v. brown, 415 u. s. 724 (1974); american party of texas v. white ..... at the time of transport into minnesota if such motor vehicles were acquired more than three months prior to its [ sic ] transport into this state." "notwithstanding any other provisions of section 297a.01 to 297a.44 to the contrary, the cost of paper and ink products exceeding $100,000 in any calendar year, used or consumed in producing a publication as ..... defined in section 297a.25, subdivision 1, clause (i) is subject to the tax imposed by this section." 1973 minn. laws 1637, codified at minn.stat. 297a.14 (1982). the final paragraph was the only addition of the 1974 amendment. the ..... . 577 i since 1967, minnesota has imposed a sales tax on most sales of goods for a price in excess of a nominal sum. [ footnote 1 ] act of june 1, 1967, ch. 32, art. xiii, 2, 1967 minn. laws 2143, 2179, codified at minn.stat. 297a.02 (1982). in general, the tax applies only to retail sales. ibid. an exemption for industrial .....

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Jan 21 1983 (HC)

R. Mohanarangam Vs. the Food Corporation of India, Represented by Zona ...

Court : Chennai

Decided on : Jan-21-1983

Reported in : (1985)2MLJ139

..... a bunch of these circulars cannot be treated as justiciable orders, for more then one reason. it is always beneficial to service personnel to have definiteness regarding their service conditions. piecemeal and indefinite changes affected by periodical circulars, would make it impossible for a clear comprehension of the rule, that ..... 29.10.1977 for a period of one year as per regulation 15(1) of f.c.i. staff regulations, 1971, framed under section 45 of food corporation act, 1964. as the probation reports were found to be unsatisfactory, he was reverted to the post of assistant, grade i (depot) under ..... one year or less or where no such order is passed, then the concerned person is deemed to have been automatically confirmed after expirty of 2 years. it is to ensure appropriate action being taken, certain instructions were issued therein for guidance. it dealt with what should be done within ..... of probation. after referring to circular dated 31.8.1973 which stated that unless and until orders are passed confirming probation within a period of 2 years from the date of appointment on probation, then the persons concerned would not be , deemed to have been automatically confirmed but if period ..... statutory regulation is rule 15. clause 1 therein provides that the period of probation would be one year from the date of appointment. clause 2 contemplates extension of the period of probation by a further period not exceeding one year. clause 3 deals with a direct recruit being discharged with .....

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Mar 22 1983 (HC)

Lala Sk. Vs. the State

Court : Kolkata

Decided on : Mar-22-1983

Reported in : 1983CriLJ1675

..... the test of prudent man, the counsel will have discharged his burden. the evidence was placed may not be sufficient to discharge the burden under section 105 of the evidence act, but it may raise a reasonable doubt in the mind of a judge as regards one or other of the necessary ingredients of the offence itself ..... as if he used to roam about aimlessly in the streets or confine himself to his house. beyond this there is no evidence of the nature, extent and degree of unsound-ness or derangement of mind.12. the decisions referred to by mr. samanta in the case of munshiram v. delhi administration air 1968 sc 702 ..... murdered his brother's son and would also murder him. p. w. 17 is the i. o. of the case. p. w. 18 is the medical officer who held the postmortem examination on the dead body of the victim. he found as many as 12 injuries all of which were incised wounds and most of ..... of his property rights. the idea that somebody else had invaded upon his property even though for a negligible purpose enraged him. he prevented p. w. 2 from following them. this also shows consciousness on the part of the accused to prevent interference with his plan and design. then we have the evidence that ..... great con-sequence. in fact the evidence in its totality indicates that immediately after the blow was struck by the accused lala upon marjen. p. w. 2 raised an alarm and rushed to the village. immediately thereafter he came back with some members of his family and other villagers also came. they found the .....

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