Court : US Supreme Court
Decided on : Feb-22-1983
..... need not conclusively determine what the statute in question requires or forbids. see mclean trucking co. v. united states, supra, at 321 u. s. 79 (icc "cannot decide definitively whether the transaction contemplated constitutes a restraint of trade or an attempt to monopolize"). if the agency, after considering the relevant statute, concludes that it should not prevent achievement of ..... relevant to the fcc's determination of whether renewal of the station's license would serve the "public interest," the commission should have given "at least some degree of consideration" to the act. denver & r. g. w. r. co. v. united states, 387 u.s. at 387 u. s. 492 . there is no reason to depart from our traditional ..... justice brennan explained in his opinion for the court that "[c]ommon sense and sound administrative policy point to the conclusion that such broad statutory standards require at least some degree of consideration of control and anticompetitive consequences when suggested by the circumstances surrounding a particular transaction." ibid. accordingly, the court held that the icc was required to consider ..... than the thirtieth day after the date on which such regulation is so submitted to such committees." [ footnote 2 ] in her petition, gottfried alleged, in part: "that the licensee has violated, and remains in violation of section 504 of the rehabilitation act of 1973, and the regulations promulgated thereunder, in that the licensee has received and is receiving federal financial .....Tag this Judgment!
Court : Kolkata
Decided on : Sep-07-1983
Reported in : 1984CriLJ360
..... at least in two very important particulars from the case made in the f. i. r., the court observed that the suspicion hardens into a definite possibility and the evidence of the eye-witnesses cannot be accepted in its face value.15. it was further observed in the same case that non- ..... vicarious liability of all who shared the common intention, but they were held liable individually for the acts done by them as if each one of the accused committed acts individually which came within the meaning of section 304, part ii, i. p. c. but certainly there is no evidence to warrant such a conclusion. finally, ..... to be given by p. w. angshu is patently untrue. he claims to have become unconscious after receiving the injury. but it appears from the medical evidence that he was conscious and in fact he was talking with the doctor. and yet the doctor does not say that any names were disclosed to ..... assaults was given up. mr. mukherjee argued that this was done with a purpose, namely, that the evidence must be made to fit in with the medical findings. we have already indicated that the autopsy surgeon was positive in his opinion that although there were several fractures of the skull with haematoma over the ..... been purposely shifted and that the f. i. r. was drawn up later and not at the time noted therein. he also complained that the medical evidence as to the cause of death is inconsistent with the oral testimony regarding the assault on tarini. he further made a grievance that material witnesses have .....Tag this Judgment!
Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on : Jul-30-1983
Reported in : (1983)LC2065DTri(Mum.)bai
..... appellant had entrusted the matter to his customs consultant one shri a.s. wagh for preparation of appeal and submission thereof. the said consultant was not definite about the authority before whom the appeal was to be filed. it took him sometime to come to some decision, in the meanwhile, the appellant ..... the duty collected was not authorised, provisions of rule 11 would not apply and the appellant's case is covered by provisions of section 17(l)(c) of the limitation act, 1963. he has further submitted that the clarification was issued by the department in 1977 and the refund claim was made in 1978 ..... also became sick. a photocopy of the medical certificate to this effect has also been attached along with the petition for condonation of delay. the learned counsel has submitted that after the constitution of ..... use of textile mills for processing of textile fabrics is liable to duty under item 15a cet as 'artificial or synthetic resins and plastic materials'. 2. after examination of this issue the board is advised that the padding solution or cyclic urea solution or cross linking agents of the nature described ..... trade notice from the indian chemical auxiliaries manufacturers' association vide their letter dated 6-1-78 and a copy of the letter is at page 2 of the paper book. he has submitted that the relevant date for the computation of limitation is the dale on which the trade notice came .....Tag this Judgment!
Court : Income Tax Appellate Tribunal ITAT Hyderabad
Decided on : Dec-23-1983
Reported in : (1986)17ITD177(Hyd.)
..... letting out of the godown was to enable the assessee to carry on its business more efficiently and smoothly and the activity of letting had a definite nexus with the business that the assessee was carrying on. from the facts of that case, the rent received by the assessee from letting ..... had used the godown for its own business, the income derived therefrom would not be assessable under the head income from house property because section 22 of the act specifically excludes such portion to the property as the assessee may occupy for the purposes of any business carried on by it the profits ..... by small-scale entrepreneurs mainly of worker-proprietor type, and to sub-contract to them the simpler components which do not require heavy equipment or high degree of skill and technique. the entrepreneurs for the units were selected by hmt ltd. itself having regard to the candidates experience in the particular line ..... to be kept in mind : (1) in order to be a business income, there must be evidence of exploitation of a commercial asset; (2) the exploitation of a commercial asset does not necessarily mean exploitation by the assessee himself at all material times and the assessee may temporarily cause it to ..... also common points involved and, hence, all these appeals can be taken up together and disposed of by a common order for the sake of convenience.2. the most important ground in all these appeals is whether the rent received by the assessee from vazir sultan tobacco co. ltd., hyderabad (vstco) .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jun-06-1983
..... effect of the statute had been to distinguish between geographic regions. we rejected the argument that "the rail act differs from the head tax statute because, by its own terms, the rail act applies only to one designated region. . . . the definition of the region does not obscure the reality that the legislation applies to all railroads under reorganization pursuant to 77 ..... surface is frozen and covered with snow. thus, construction and seismic activities are restricted primarily to periods when the climate is at its harshest. temperatures of - 40 to - 50 degrees fahrenheit are not uncommon, see id. at 15-16, and what normally might be accomplished with relative ease becomes a demanding task. [ footnote 7 ] the american petroleum institute reported ..... established by the tier into which the oil is placed. [ footnote 4 ] these classes are defined both by the identity of the producer and the nature of the oil. section 4991(b)(1), for example, exempts oil produced "from a qualified governmental interest or a qualified charitable interest." congress determined that, because the revenues from this oil would be ..... of oil because its disproportionately high transportation costs forced producers to keep the wellhead price well below the ceiling price. see 42 fed.reg. 41566-41568 (1977). [ footnote 2 ] these tiers incorporate to a large extent the categories of oil developed under the federal energy administration's crude oil pricing regulations. tier two, for example, includes stripper well .....Tag this Judgment!
Court : US Supreme Court
Decided on : May-31-1983
..... airing of disputed facts -- are not advanced when the litigation is based on intentional falsehoods or on knowingly frivolous claims. furthermore, since sham litigation, by definition, does not involve a bona fide grievance, it does not come within the first amendment right to petition. [ footnote 10 ]" just as false statements ..... its constitutional entitlement to a conviction for criminal publication"). as to the necessity and the scope of these remedies, the board is entitled to a high degree of deference. [ footnote 3/3 ] somewhat different concerns affect the standards and procedures by which the board makes its "reasonable basis" determination. ..... have waived this point by failing to bring the state court's ruling to the attention of the alj prior to his decision. see nn. 2 and | 2 and s. 731fn3|>3, supra. in the ordinary case, although the board is not bound in a res judicata sense by such a ..... element of a violation is retaliatory motive. iii a at first blush, the board's position seems to have substance. sections 8(a)(1) and (4) of the act are broad, remedial provisions that guarantee that employees will be able to enjoy their rights secured by 7 of the ..... m. kane, federal practice and procedure 2532, 2713.1 (1983); j. moore & j. lucas, moore's federal practice ? ? 50.03, 56.04 (1982). the primary difference between the two motions is procedural; summary judgment motions are usually made before trial and decided on documentary evidence, while directed verdict motions are .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jul-01-1983
..... , as well as interpreting the relevant body of federal law that has developed over the years." s.rep. no. 1507, 89th cong., 2d sess., 2 (1966). page 463 u. s. 578 section 1362 also assured the tribes that they need not rely on the federal government to protect their interests, an important safeguard in light of the undeniable potential ..... disclaimer). and our many recent decisions recognizing crucial limits on the power of the states to regulate indian affairs have rarely either invoked reservations of jurisdiction contained in statehood enabling acts by anything more than a passing mention or distinguished between disclaimer states and nondisclaimer states. see, e.g., new mexico v. mescalero apache tribe, 462 u. s. 324 ..... 4, 25 stat. 677 (north dakota, south dakota, montana, and washington); mont.const., ordinance no. i (1895). the court of appeals concluded that, by their terms, the enabling act and constitutional disclaimer prohibit montana page 463 u. s. 557 from exercising even adjudicatory jurisdiction over indian water rights, and that the mccarran amendment effected no change in that disability ..... of various indian tribes in other montana streams. one month later, the montana legislature amended its water adjudication procedures "to expedite and facilitate the adjudication of existing water rights." act to adjudicate claims of existing water rights in montana, ch. 697, 1(1), 1979 mont. laws 1901. the legislation provided for the initiation of comprehensive proceedings by order .....Tag this Judgment!
Court : US Supreme Court
Decided on : May-24-1983
..... the publishing or distributing of statements), any political campaign on behalf of any candidate for public office." (emphasis added.) [ footnote 2 ] section 170(a) allows deductions for certain "charitable contributions." section 170(c)(2)(b) includes within the definition of "charitable contribution" a contribution or gift to or for the use of a corporation "organized and operated exclusively for religious ..... charities were to be given preferential treatment because they provide a benefit to society. what little floor debate occurred on the charitable exemption provision of the 1894 act and similar sections of later statutes leaves no doubt that congress deemed the specified organizations entitled to tax benefits because they served desirable public purposes. see, e.g., 26 ..... , because of their racially discriminatory policies, necessarily contribute nothing of benefit to the community. it is clear from the substantially secular character of the curricula and degrees offered that petitioners provide educational benefits. even more troubling to me is the element of conformity that appears to inform the court's analysis. the court asserts ..... and, more specifically, the government policy against subsidizing racial discrimination in education, public or private." 639 f.2d at 151. the court held that the irs acted within its statutory authority in revoking the university's tax-exempt status. finally, the court of appeals rejected petitioner's arguments that the revocation of the tax .....Tag this Judgment!
Court : Kolkata
Decided on : Apr-13-1983
Reported in : 1984CriLJ29
..... p. c. it was submitted in that case that if the trial judge doubted the correctness thereof, he could have had the two accused medically examined in order to ascertain their age. the supreme court observed 'this seems to us a difficult burden for any trial judge to undertake. ..... confirming the order of conviction and sentence dated 5-5-1981 passed in sessions trial no. 2 of feb. 1981 under section 307/34 .i. p. c.2. four persons including the present petitioners stood trial on a charge under section 307/34, i. p. c. the petitioners were convicted while the other two were ..... one incised wound 6' x 4' x l' over the upper surface of the left shoulderioint. one vertically incised wound 6' x 4' x 21/2' obliquely bone deep over the right side of the head on the person of dobiruddin. the following injuries were found on the person of amiruddin :- (1 ..... of p. w. anisur rahaman the petitioners along with two others intercepted and petitioner no. 1 sadeque challenged amiruddin why he had abused petitioner no. 2. amiruddin denied the charge and thereafter amiruddin and dobiruddin were assaulted with lathi and gnaras as a result whereof they sustained bleeding injuries on the head ..... act in the case of petitioner sadeque,14. upon a consideration of the points urged on behalf of the petitioners the only point of substance appears to be that the offence committed in our view is not an offence punishable under section 307/34. i. p. c. but an offence of a lesser degree and magnitude namely. section .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jun-27-1983
..... other measures. by tradition, the primary measure has been the legitimate familial relationship he creates with the child by marriage with the mother. by definition, the question before us can arise only when no such marriage has taken place. in some circumstances, the actual relationship between father and child ..... the vital importance of those ends to the people of new york. it has long been accepted that illegitimate children whose parents never marry are "at risk" economically, medically, emotionally, and educationally. see e. crellin, m. pringle, & p. west, born illegitimate: social and educational implications 96-112 (1971); cf. t. lash, ..... to retain the unique attributes of their respective bodies of family law. for example, as of the end of 1982, only eight states had adopted the uniform parentage act. 9a u.l.a. 171 (supp.1983). [ footnote 12 ] see hafen, marriage, kinship, and sexual privacy, 81 mich.l.rev. 463,479-481 ..... 392 , his interest in personal contact with his child acquires substantial protection under the due process clause. at that point, it may be said that he "act[s] as a father toward his children." id. at 441 u. s. 389 , n. 7. but the mere existence of a biological link ..... ] at the time jessica's adoption order was entered, n.y.dom.rel.law 111-a (2) and (3) (mckinney 1977 and supp.1982-1983) provided: "2. persons entitled to notice, pursuant to subdivision one of this section, shall include:" "(a) any person adjudicated by a court in this state to be the father .....Tag this Judgment!