Court : US Supreme Court
Decided on : Apr-03-1952
..... three on the list of those voted for as president, the house of representatives shall choose immediately, by ballot, the president. . . ." [ footnote 2 ] ala.code 1940, tit. 17, 347: "all persons who are qualified electors under the general laws of the alabama, and who are also members of a political party entitled to participate in such primary election, shall be entitled to ..... must be germane to party membership and party elections and, while the last clause of the pledge pertains to the national party, the party in alabama will be a part of it by sending delegates to participate in the national convention, the executive committee having ordered their election and the party thereby having signified its intention to become a member ..... , and at the particular conjuncture." "it was equally desirable, that the immediate election should be made by men most capable of analyzing the qualities adapted to the station, and acting under circumstances favorable to deliberation, and to a judicious combination of all the reasons and inducements which were proper to govern their choice. a small number of persons, selected by ..... state has sought to achieve control of the electors' ballots. but the balloting cannot be constitutionally subjected to any such control, because it was intended to be free -- an act performed after all functions of the electoral process left to the states have been completed. the alabama supreme court held that such a requirement violates the federal constitution, and i .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jan-07-1952
..... court has said: "the effect is to substitute for the bare legal review that seems to have been the limit of judicial authority under the common law practice, and under the act of 31 car. ii, chap. 2, a more searching investigation, in which the applicant is put upon his oath to set forth the truth of the matter respecting the causes of his ..... a "hearing," the section "has obvious reference to the tradition of judicial proceedings." [ footnote 30 ] respondent, denied an opportunity to be heard, "has lost something indispensable, however convincing the ex parte showing." [ footnote 31 ] we conclude that the district court did not proceed in conformity with section 2255 when it made findings on controverted issues of fact relating to respondent's ..... jurisdiction was conclusive proof that confinement was legal. such a judgment prevented issuance of the writ without more. [ footnote 9 ] in 1867, congress changed the common law rule by extending the writ of habeas corpus to "all cases where ..... the judiciary act of 1789, 1 stat. 73, 81-82. since congress had not defined the term "habeas corpus," resort to the common law was necessary. [ footnote 8 ] although page 342 u. s. 211 the objective of the great writ long has been the liberation of those unlawfully imprisoned at common law a judgment of conviction rendered by a court of general criminal .....Tag this Judgment!
Court : Chennai
Decided on : Aug-29-1952
Reported in : AIR1953Mad105; (1952)2MLJ598
..... therefore, be properly described as made with the knowledge and experience of the legislators.28. and above all, there is the fact that the madras general sales tax act is a measure of taxation and in respect of taxing statutes, the legislature enjoys wide powers of classification. it has the power to determine which ..... to challenge on the ground of unconstitutional delegation.22. (3) it is next contended on behalf of the petitioners that the provisions of the madras general sales tax act and the rules framed thereunder are discriminatory, in that they impose sales tax in some cases on the purchaser, while laying it on the sellers ..... .4. mr. k. v. venkatasubramania ayyar urged that the madras general sales tax act was void on the following grounds:(1) the provincial legislature had no power under the government of india act of 1935 to enact a law. imposing a tax on purchasers.(2) the liability to pay a tax on sales i3 thrown on the ..... imposed on buyers or sellers, though this may affect the length of time which will elapse before the process of shifting the direct money burden, or part of it, from one side to the other is completed. every tax tends for a time; to 'stick to where it falls'. nicks on public ..... their recovery in a speedy and summary manner are not liable to be assailed as unconstitutional. in -- 'state railroad tax cases'. (1876) 92 u. s. 575 : 23 law ed. 663 the court observed;'it is a wise policy. it is founded in the simple philosophy derived from the experience of ages .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Sep-15-1952
Reported in : AIR1953P& H55
..... business had resulted in a loss, and they obtained a rule for a writ of prohibition. it was held that prohibition would not lie to the general commissioners, who had acted in accordance with their statutory duty in making the assessment. 31. at page 266 lord hewart c. j. said : 'the whole argument fails ..... b 725; -- 'in re athlumney', (1898) 2 q b 547; -- 'ingle v. farrand', (1927) a c 417. in reply the learned advocate-general submitted that section 34 ot the act was a procedural section and merely deals with ..... first question by saying that the assessments were not a nullity.' continuing his lordship said at page 316: 'they have reviewed the code of income-tax law for the purpose of showing that it exhaustively defines the obligations and remedies of the taxpayer. it would be wholly incompatible with this that he should have ..... various cases. 58. it was then submitted by counsel for the petitioners that the amendment of 1948 brought about by act 48 of 1948 has no retrospective effect. reference was made by him to -- 'in re suche & co. limited', (1876) 1 ch d 48 at p. 50; -- 'the midland rly. co. v. annie pye', (1861 ..... ) 10 c b n s 179; -- 'lauri v. renad', (1892) 3 ch d 402; -- 'in re norman, ex parte board of trade', (1893) 2 q b 369; --'bourke v. nutt', (1894) 1 q .....Tag this Judgment!