Skip to content


Judgment Search Results Home > Cases Phrase: medical degrees act 1916 section 2 definitions Year: 1983 Page 48 of about 524 results (0.286 seconds)

Jun 22 1983 (FN)

Karcher Vs. Daggett

Court : US Supreme Court

Decided on : Jun-22-1983

..... (stevens, j., concurring). we thus reaffirm that there are no de minimis population variations which could practicably be avoided but which nonetheless meet the standard of art. i, sec. 2 without justification. [ footnote 6 ] page 462 u. s. 735 b the sole difference between appellants' theory and the argument we rejected in kirkpatrick is that appellants have ..... furthermore, because congressional districts are generally much larger than state legislative districts, each percentage point of variation represents a commensurately greater number of people. but these are differences of degree. they suggest that the level at which courts should entertain challenges to districting plans, absent unusual circumstances, should be lower in the page 462 u. s. 782 ..... other ways. one obvious type of evidence is the shape of the district configurations themselves. one need not use justice stewart's classic definition of obscenity -- "i know it when i see it" [ footnote 2/14 ] -- as an ultimate standard for judging the constitutionality of a gerrymander to recognize that dramatically irregular shapes may have sufficient ..... several tests of political strength, including opportunity to cast swing votes and opportunity to elect a representative of their own group). in litigation under the voting rights act, federal courts have developed some familiarity with the problems of identifying and measuring dilution of racial group voting strength. some of the concepts developed for statutory purposes .....

Tag this Judgment!

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 .....

Tag this Judgment!

Jun 15 1983 (FN)

Simopoulos Vs. Virginia

Court : US Supreme Court

Decided on : Jun-15-1983

..... as sanatoriums, sanitariums and general, acute, short-term, long-term, outpatient and maternity hospitals." the definition of "hospital" in effect in 1975 when 18.2-73 was enacted is similar. see va.code 32.298(2) (supp.1975) (repealed by 1979 va. acts, ch. 711). it specifically included at that time "out-patient surgical hospitals (which term shall not ..... provision of second trimester abortion in free-standing qualified clinics that meet the state standards required for certification." apha, the right to second trimester abortion 1, 2 (1979). the medical profession has not thought that a state's standards need be relaxed merely because the facility performs abortions: "ambulatory care facilities providing abortion services should meet the ..... . 517 abortions and setting forth the standards for facilities in which such abortions are performed. on their face, the virginia regulations appear to be generally compatible with accepted medical standards governing outpatient second trimester abortions. the american public health association (apha) (resolution no. 7907), although recognizing "that greater use of the dilatation and evacuation procedure ..... 32.1, and specifically in 32.1-123.1. see n 5, infra. [ footnote 5 ] section 32.1-123.1 provides: "' hospital ' means any facility in which the primary function is the provision of diagnosis, of treatment, and of medical and nursing services, surgical or nonsurgical, for two or more nonrelated individuals, including hospitals known by varying .....

Tag this Judgment!

May 16 1983 (FN)

Heckler Vs. Campbell

Court : US Supreme Court

Decided on : May-16-1983

..... disability cases. 42 u.s.c. 405(a). as we previously have recognized, congress has "conferred on the secretary exceptionally broad authority to prescribe standards for applying certain sections of the [social security] act." schweiker v. gray panthers, 453 u. s. 34 , 453 u. s. 43 (1981); see batterton v. francis, 432 u. s. 416 , 432 u. s. 425 (1977). ..... . 8076 -- disability insurance amendment of 1977, 95th cong., 1st sess., 7 (comm. print 1977) (comments of rep. burke) (noting with approval that the secretary had promised to promulgate medical-vocational guidelines to define disability). while these sources do not establish the original congressional intent, they indicate that later congresses perceived that regulations such as the guidelines would be consistent ..... specific job vacancy exists for him, or whether he would be hired if he applied for work." 42 u.s.c. 423(d)(2)(a). in 1978, the secretary of health and human services promulgated regulations implementing this definition. see 43 fed.reg. 55349 (1978) (codified, as amended, at 20 cfr pt. 404, subpt. p (1982)). the regulations recognize ..... to determine whether jobs existed in the national economy that the claimant could perform. in 1978, to improve the uniformity and efficiency of such determinations, the secretary promulgated medical-vocational guidelines setting forth rules to establish whether such jobs exist. if a claimant's qualifications correspond to the job requirements identified by a rule, the guidelines direct a .....

Tag this Judgment!

Apr 26 1983 (FN)

Olim Vs. Wakinekona

Court : US Supreme Court

Decided on : Apr-26-1983

..... time, or for life," has long been considered a unique and severe deprivation, and was specifically outlawed by "[t]he twelfth section of the english habeas corpus act, 31 car. ii, one of the three great muniments of english liberty." united state v. ju toy, 198 u. s. 253 , 198 ..... the initial decision to assign the convict to a particular institution is not subject to audit under the due process clause, although the degree of confinement in one prison may be quite different from that in another. the conviction has sufficiently extinguished the defendant's liberty page ..... the difference between such a transfer and an intrastate or interstate transfer of page 461 u. s. 248 shorter distance is a matter of degree, not of kind, [ footnote 9 ] and meachum instructs that "the determining factor is the nature of the interest involved, rather than its ..... . [ footnote 2/9 ] see also wright v. enomoto, 462 f.supp. 397 (nd cal.1976), summarily aff'd, 434 u. s. 1052 (1978). in that case, the district court held that the language of a prison policy statement, stating that "[i]nmates may be segregated for medical, psychiatric, disciplinary ..... , or administrative reasons," 462 f.supp. at 403, was sufficient to create a protected expectation that an inmate would not be segregated for arbitrary reasons. see also bills v. henderson, 631 f.2d 1287, 1293 (ca6 1980), cert. denied, 449 u. s. 1093 (1981); winsett v. mcginnes, 617 f.2d 996, 107 (ca3 1980) (en banc). [ footnote 2 .....

Tag this Judgment!

Feb 23 1983 (FN)

Perry Educ. Ass'n Vs. Perry Educators' Ass'n

Court : US Supreme Court

Decided on : Feb-23-1983

..... to a nonpublic government forum to those involved in the "official business" of the agency also protects the interest of the government, qua government, in speaking clearly and definitively. [ footnote 2/6 ] lower courts have recognized that the prohibition against viewpoint discrimination affords speakers protection independent of the public forum doctrine. see, e.g., national black united fund ..... united states. we disagree. no state statute or other legislative action has been invalidated by the court of appeals. the court of appeals has held only that certain sections of the collective bargaining agreement entered into by the school district and pea are constitutionally invalid; the indiana statute authorizing such agreements is left untouched. pea suggests, ..... [the petitioner] enjoyed or claimed unlimited access by usage or otherwise; indeed, the collective bargaining agreement indicates that the right of access was accorded to [the petitioner] 'acting as the representative of the teachers.'" ante at 460 u. s. 53 , n. 13. under these circumstances, the court suggests that it is unnecessary "to decide ..... agreement, not the indiana statute authorizing such agreements, were held to be constitutionally invalid, and the bargaining agreement cannot be considered to be in essence a legislative act. however, regarding the jurisdictional statement as a petition for a writ of certiorari, certiorari is granted because the constitutional issues presented are important and the decision below .....

Tag this Judgment!

Nov 11 1983 (HC)

Palanivel Pillai Vs. Santharam Iyer and anr.

Court : Chennai

Decided on : Nov-11-1983

Reported in : (1984)2MLJ109

..... prior civil proceeding could not fructify on account of any recognised ground of defect of jurisdiction or other cause of a like nature, section 14(1) of the act can be invoked. it would not suffice the purpose to show that there were prior civil proceedings and they went against the plaintiff. ..... c. 237..but it has to be stated that the question whether a party was really prosecuting a civil proceeding as contemplated by section 14 of the limitation act cannot always be determined merely on the basis of the position accepted by him in that proceeding. under certain circumstances a defendant or ..... cannot be stated that the plaintiffs in the present suit were prosecuting another civil proceeding earlier. it is true that the language used in section 14(1) of the act speaks about prosecuting another civil proceeding earlier. but, this set of expressions has received a wider connotation and judicial precedents have recognised that ..... would get over the bar of limitation, they could do so only by invoking the aid of section 14(1) of the limitation act, 1963, hereinafter referred to as the act. section 14(1) of the act reads as follows:in computing the period of limitation for any suit the time during which the plaintiff ..... present suit. i find that there was, in fact, an issue, issue no. 2, with reference to this agitation for the return of the two items of gold jewels. hence, for the purpose of section 14(1) of the act, it has to be taken that the plaintiffs in the present suit, the defendants .....

Tag this Judgment!

Apr 18 1983 (TRI)

Shah Scientific (India) Vs. Collector of Customs

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Decided on : Apr-18-1983

Reported in : (1983)LC1791DTri(Delhi)

..... by the appellants did not apply in the present case, as the carmine ss was a pigment or dye. moreover it was derived from cochineal, and did not have a definite chemical composition. he accordingly argued that the classification adopted by the customs authorities was correct.5. we observe that the appellants had submitted a number of certificates from ..... medical laboratories, etc., to show that the goods found application in those laboratories. the fact that the goods may not have a definite chemical composition is not material, in view of the wording of note 2 to chapter 29. in fact this note is very wide in scope and ..... 1. this is a revision application to the government of india under section 131 of the customs act, 1962 (as then applicable) which, in accordance with section 131b(2) ibid, is to be proceeded with as if it were an appeal filed before the tribunal (it is hereinafter referred to for convenience as "the appeal"). after notice had been ..... duly issued, the matter was taken up for hearing today, the 18th april, 1983.2. on the appeal being .....

Tag this Judgment!

Sep 15 1983 (TRI)

Sri Ramdas Motor Transport Ltd. Vs. Collector of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Decided on : Sep-15-1983

Reported in : (1983)(14)ELT2067TriDel

..... not lend any assistance to the appellants, assuming as observed by the tribunal in the case of pyrites phosphates that in the absence of express definition in the tariff itself, these could furnish guidelines in understanding the real import of a tariff entry, as understood by the trading public, a reference ..... of the assistant collector was upheld.10. it is against this order that the party has filed the present appeal to the tribunal under section 35p of the act assailing the order passed by the appellate collector, confirming the classification of the goods under t.i. 52. the statement of facts reproduced ..... wanting to purchase the same would even think of going to such a dealer. he invited pointed attention to the fact that tariff item 5.2 which the department is now applying to these items, was in existence since 1971 but nevertheless these hub-bolts and nuts had been classified ..... the advice issued by the central board of excise & customs (hereinafter referred to as the board) vide tariff advice no.5/77, dated 25-2-1977. they further asserted that these hub-bolts, apart from discharging the function of fastening, had other engineering features which help in transmission of motion ..... covered by the said notification, all others were exempt from duty. the appellant went on clearing the subject goods accordingly, availing benefit of the said notification.2. however, by means of the finance bill covering 1979 budget, a change was brought in the t.i. 34a inasmuch as it was made to .....

Tag this Judgment!

Jun 23 1983 (FN)

idaho Vs. Evans

Court : US Supreme Court

Decided on : Jun-23-1983

..... its equitable share of a r page 462 u. s. 1026 source. a decree may not always be mathematically precise or based on definite present and future conditions. uncertainties about the future, however, do not provide a basis for declining to fashion a decree. reliance on reasonable ..... them. the task is indeed a complicated one, as we recognized when we stated in puyallup: "only an expert could fairly estimate what degree of net fishing plus fishing by hook and line would allow the escapement of fish necessary for perpetuation of the species." 414 u.s. ..... of many factors. priority of appropriation is the guiding principle. but physical and climatic conditions, the consumptive use of water in the several sections of the river, the character and rate of return flows, the extent of established uses, the availability of storage water, the practical effect ..... our federal system, we recognize similar interests, but the original jurisdiction of this court or interstate compacts substitute for interstate diplomatic processes. [ footnote 2/2 ] the failure to specify idaho's rights also seems to me to represent a poor use of judicial resources, inviting future litigation, rather than ..... another factor depleting the anadromous fish population is fishing, sometimes referred to as "harvesting." in 1918, oregon and washington, with the consent of congress, act of apr. 8, 1918, ch. 47, 40 stat. 515, formed the oregon-washington columbia river fish compact to ensure uniformity in state regulation of .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //