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Judgment Search Results Home > Cases Phrase: rationale Court: supreme court of india Year: 1999 Page 4 of about 78 results (0.076 seconds)

Oct 05 1999 (FN)

Smith Vs. Robbins

Court : US Supreme Court

Decided on : Oct-05-1999

..... effective,'" evitts v. lucey, 469 u. s. 387 , 392 (1985) (quoting griffin, 351 u. s., at 20 (plurality opinion)). a as we have admitted on numerous occasions, "'[t]he precise rationale for the griffin and douglas lines of cases has never been explicitly stated, some support being derived from the equal protection clause of the fourteenth amendment and some from the ..... . of health, 497 u. s. 261 (o'connor, j., concurring). pp. 272-276. 2. california's wende procedure does not violate the fourteenth amendment. pp. 276-284. (a) the precise rationale for the griffin and douglas line of cases has never been explicitly stated, but this court's case law reveals that the equal protection and due process clauses of the .....

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May 07 1999 (SC)

M/S. B.R. Enterprises Vs. State of U.P. and ors.

Court : Supreme Court of India

Decided on : May-07-1999

Reported in : AIR1999SC1867; JT1999(3)SC431; 1999(3)SCALE171; [1999]2SCR1111

a.p. misra, j. 1. special leave granted in all the special leave petitions. we are witnessing in this case exhibition of federalism in true spirit. contrary to the usual pouring in of citizen's writ petitions for vending their grievances against the states, here we are drawn to decide issue inter se between two distinct sets of states, one challenging and the other upholding certain provisions of the lotteries (regulation) ordinance 1997 (ordinance no. 20 of 1997) (hereinafter referred to as the 'ordinance no 20') and now the lotteries (regulation) act, 1998 (hereinafter referred to as the '1998 act'). the union government, of course has joined this issue with one such set of states for upholding its act. the issue here is confined to the state lotteries under entry 40, list i of the seventh schedule of the constitution of india. as a consequence of the order passed by the state of u.p. banning state lotteries of other states by virtue of power entrusted under section 5 of the impugned ordinance act, various affected states, challenged the provisions in different high courts. in some of them, interim orders were passed and in others, the high courts finally disposed of the petitions. the gujarat high court upheld the validity, while the gauhati high court struck down some of its provisions as ultra vires. against all the aforesaid orders and judgments, the aforesaid appeals have been filed. one writ petition under article 32 has also been filed raising the same issue. some of .....

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May 07 1999 (SC)

B.R. Enterprises Vs. State of U.P. and ors.

Court : Supreme Court of India

Decided on : May-07-1999

Reported in : (2000)1GLR242; (1999)9SCC700; [2000]120STC302(SC)

a.p. misra, j.1. special leave granted in all the special leave petitions.2. we are witnessing in this case exhibition of federalism in true spirit. contrary to the usual pouring in of citizen's writ petitions for vending their grievances against the states, here we are drawn to decide issues inter se between two distinct sets of states, one challenging and the other upholding certain provisions of the lotteries (regulation) ordinance, 1997 (ordinance no. 20 of 1997) (hereinafter referred to as 'the ordinance no. 20') and now the lotteries (regulation) act, 1998 (hereinafter referred to as 'the 1998 act'). the union government, of course, has joined this issue with one such set of states for upholding its act. the issue here is confined to the state. lotteries under entry 40, list i of the seventh schedule to the constitution of india. as a consequence of the order passed by the state of uttar pradesh banning state lotteries of other states by virtue of power entrusted under section 5 of the impugned ordinance act, various affected states, challenged the provisions in different high courts. in some of them, interim orders were passed and in others, the high courts finally disposed of the petitions. the gujarat high court upheld the validity, while the gauhati high court struck down some of its provisions as ultra vires. against all the aforesaid orders and judgments, the aforesaid appeals have been filed. one writ petition under article 32 has also been filed raising the same .....

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Jun 10 1999 (FN)

Neder Vs. United States

Court : US Supreme Court

Decided on : Jun-10-1999

neder v. united states - 527 u.s. 1 (1999) cases adjudged in the supreme court of the united states at october term, 1998 syllabus neder v. united states certiorari to the united states court of appeals for the eleventh circuit no. 97-1985. argued february 23, 1999-decided june 10, 1999 petitioner n eder was convicted of filing false federal income tax returns and of federal mail fraud, wire fraud, and bank fraud. at trial, the district court determined that materiality with regard to the tax and bank fraud charges was not a question for the jury and found that the evidence established that element. the court did not include materiality as an element of either the mail fraud or wire fraud charges. the eleventh circuit affirmed. it held that the district court's failure to submit the materiality element of the tax offense to the jury was error under united states v. gaudin, 515 u. s. 506 , but that the error was subject to harmless-error analysis and was harmless because materiality was not in dispute and thus the error did not contribute to the verdict. the court also held that materiality is not an element of a "scheme or artifice to defraud" under the mail fraud, wire fraud, and bank fraud statutes, 18 u. s. c. 1341, 1343, 1344, and thus the district court did not err in failing to submit materiality to the jury. held: 1. the harmless-error rule of chapman v. california, 386 u. s. 18 , applies to a jury instruction that omits an element of an offense. pp.7-20. (a) a .....

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Mar 02 1999 (FN)

El Paso Natural Gas Co. Vs. Neztsosie

Court : US Supreme Court

Decided on : Mar-02-1999

..... attention of congress either, congress probably would never have expected an occasion for asserting tribal jurisdiction over claims like these. now and then silence is not pregnant. because the comity rationale for tribal exhaustion normally appropriate to a tribal court's determination of its jurisdiction stops short of the price-anderson act, the district 488 court should have decided whether respondents ..... , and administrative or judicial decisions," id., at 855-856 (footnote omitted). the same "considerations of comity," iowa mut. ins. co. v. laplante, 480 u. s. 9 , 15 (1987), provided the rationale for extending the doctrine to cases where a defendant in tribal court asserts federal-diversity jurisdiction in a related action in district court. id., at 16. exhaustion was appropriate in ..... from deciding a question of tribal-court jurisdiction until the tribal courts themselves had addressed the matter. the court of appeals approved the abstention on the theory that the comity rationale underlying the tribal exhaustion doctrine applied. see 136 f. 3d, at 613-615, 620. we think, however, that it does not. national farmers union ins. coso v. crow tribe, 471 .....

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Nov 30 1999 (FN)

Carmell Vs. Texas

Court : US Supreme Court

Decided on : Nov-30-1999

..... analysis does not depend on an assessment of a statute's wisdom. for current purposes it suffices to note that article 38.07's corroboration requirement rests on the same rationale that underpins accomplice corroboration requirements: the notion that a particular witness, because of his or her role in the events at issue, might not give trustworthy testimony. see reed v .....

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Jul 27 1999 (SC)

Union of India and ors. Vs. M.V. Valliappan and ors.

Court : Supreme Court of India

Decided on : Jul-27-1999

Reported in : AIR1999SC2526; (1999)155CTR(SC)193; [1999]238ITR1027(SC); JT1999(5)SC134; 1999(4)SCALE290; (1999)6SCC259; [1999]3SCR1146

orderm.b. shah, j. 1. these appeals by special leave are filed against the judgments and orders passed by the high court of madras dated 13.1.1988 in writ petition nos. 992 and 993 of 1981, 162&6036 of 1983, 904-905, 994, 995, 5430, 6162 and 9283 of 1984, by the high court of karnataka dated 9.11.1993 in writ petition nos. 12312 to 12317 of 1987 and dated 25.11.1992 in w.p. no. 23708 of 1992, and by the high court of gujarat dated 29.6.1993 in income tax application nos. 164 and 165 of 1993.2. by a common judgment and order passed in various writ petitions filed before the madras high court m.v. valliappan and ors. v. income-tax officer and ors. : [1988]170itr238(mad) , the high court struck down the provisions of section 171(9) of the income tax act, 1961 as violative of article 14 of the constitution of india and that it suffers from the vice of legislative incompetence. in the high court, number of writ petitions were filed involving questions relating to the validity, scope and interpretation of the provisions of section 171(9). for our purpose, it would suffice to mention facts of writ petition no. 994 of 1984 for deciding the question involved in these appeals. in the said petition, it was the case of the petitioner that he was a katra of a hindu undivided family consisting of himself, his wife, his minor son and minor daughter. it was his contention that the hindu undivided family was a partner in a partnership firm in which its funds were invested. on 13th april, 1979 .....

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Jul 26 1999 (SC)

M.i. Builders Pvt. Ltd. Vs. Radhey Shyam Sahu and ors.

Court : Supreme Court of India

Decided on : Jul-26-1999

Reported in : AIR1999SC2468; JT1999(5)SC42; 1999(5)SCALE155a; (1999)6SCC464; [1999]3SCR1066; (1999)3UPLBEC1818

ordertaken on board.the learned counsel for the appellant seeks leave to withdraw the appeals and states that mr. s.v. deshpande who appears for the other side has no objection to the withdrawal. the appeals will, therefore, stand disposed of as withdrawn with no order as to costs, sd...cjinew delhi, sd february 6, 1997 ...j.3. mahapalika also cancelled the building plans. this action of the mahapalika was subject matter of criticism by the appellant as to how a duly sanctioned plan could be revoked without any notice to the appellant. we may, at this stage, itself reproduce the relevant portion of the resolution dated august 6, 1996 of the mahapalika for withdrawal of its appeals which is as under:the lucknow bench of hon'ble high court of allahabad has declared the agreement dated 4.11.1993 executed between the nagar mahapalika, lucknow and m.i. builders, karamat market lucknow in respect of construction of underground palika bazar and multistoreyal parking on jhandewala park aminabad, lucknow as invalid and not in the public interest vide their judgment dated 23.8.1994.the hon'ble high court rendered the above said judgment by accepting the writ petitions preferred by several elected sabhasad of the then nagar mahapalika and the citizens.on the directions of the then nagar pramukh shri akhilesh das, who wanted to cause undue profit to m.i. builders against the interest of nagar mahapalika now nagar nigam lucknow, the citizens of lucknow, the nagar nigam lucknow filed .....

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Oct 13 1999 (FN)

Los Angeles Police Dept. Vs. United Reporting Publishing Corp.

Court : US Supreme Court

Decided on : Oct-13-1999

..... basis for believing that the amendment will truly protect the privacy of these persons. see cox broadcasting corp., 420 u. s., at 493-495. 47 a different, and more likely, rationale that might explain the restriction is the state's desire to prevent lawyers from soliciting law business from unrepresented defendants.3 this interest is arguably consistent with trying to uphold .....

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Jan 13 1999 (FN)

West Covina Vs. Perkins

Court : US Supreme Court

Decided on : Jan-13-1999

..... necessary in a case such as the one before us because the property owner would have no other reasonable means of ascertaining who was responsible for his loss. no similar rationale justifies requiring individualized notice of state-law remedies which, like those at issue here, are established by published, generally available state statutes and case law. once the property owner is ..... taken property is necessary in a case such as this one because the owner has no other reasonable means of ascertaining who is responsible for his loss. however, no similar rationale justifies requiring notice of state-law remedies which, like those at issue here, are established by published, generally available state statutes and case law. cf., e. g., reetz v. michigan .....

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