CiteTEXT
...middle. In their joint opinion partially concurring and partially dissenting, Justices Brennan White, Marshall and Blackmun took issue with Powell's conclusion that the Davis programme was...programme the respondent would not have been admitted. The matter was then carried to the United States Supreme Court, where three distinct viewpoints emerged. Brennan, White, Marshall and Blackmun, JJ were...in a little more detail. Brennan, J (with whom Marshall, White and Blackmun, JJ agreed) observed that though the U.S Constitution was founded on the principle that “all men are created equal”, the...
...Court of Appeal for the Fourth Circuit reversed it. On certiorari, the United States Supreme Court affirmed. In the opinion by White, J., joined by Burger, C.J and Brennan, Marshall, Blackmun, Rehnquist...Sabyasachi Mukharji, C.J (for himself and Saikia, J.)—Is the Bhopal Gas Leak Disaster (Processing of Claims) Act, 1985 (hereinafter referred to as ‘the Act’) constitutionally.... (hereinafter referred to as ‘UCIL’) resulting in large scale death and untold disaster. A chemical plant owned and operated by UCIL was situated in the northern sector of the city of Bhopal. There...
...reversed it. On certiorari, the United States Supreme Court affirmed. In the opinion by White, J., joined by Burger, C.J and Brennan, Marshall, Blackmun, Rehnquist, Stevens, and O'Connor, JJ., it was...226 of the Constitution of India is filed invoking the doctrine of parens patriae whereby petitioner no.1 and petitioner no.2, who are the son and daughter of "Smt. Madhura Manmohan Khanvilkar" age...78 years, are before the Court praying that petitioner no.2 Rajlaxmi, daughter of Smt. Madhura be appointed as a guardian of her mother who is stated to be suffering from dementia and severe degree of...
...correction.”94. No doubt Mr. Justice Brennan (with whom Justices Marshall and Blackmun joined) wrote a powerful dissenting opinion, but it is not necessary for us to go into the question whether the.... Andhyarujina, learned Senior Counsel, whom we had appointed as amicus curiae, Mr. Pallav Sisodia, learned senior counsel for the Dean, KEM Hospital, Mumbai, and Mr. Chinmay Khaldkar, learned counsel for the...State of Maharashtra.2. Euthanasia is one of the most perplexing issues which the courts and legislatures all over the world are facing today. This Court, in this case, is...
...humiliation. As evidenced by the dissents in that case, the facts and principles necessary to a correct holding were known to the Bowers Court. See id., at 199 (Blackmun, J., joined by Brennan, Marshall, ...Stevens, JJ., dissenting); id., at 214 (Stevens, J., joined by Brennan and Marshall, JJ., dissenting). That is why Lawrence held Bowers was “not correct when it was decided.” 539 U.S., at 578...deceit, force, coercion and does not result in violation of the fundamental rights of others.156. Justice Blackmun, in his vigorous dissent, in the case of Bowers...
...opinion by White, J., joined by Burger, C.J. and Brennan, Marshall, Blackmun, Rehnquist, Stevens, and O'Connor, JJ., it was held that Puerto Rico had a claim to represent its quasi-sovereign interests in...Services Authority, Sri. K. Venkatesh, learned counsel for the respondents 2 to 5 and Sri. Y. Nagi Reddy, learned standing counsel for the respondents 6 to 9.
2. By means of...worked as Assistant Line Man in A.P. Transoco was married on 24.08.2000 with one Padmaja, daughter of the respondents 2 and 3, and out of their wedlock, the respondents 4 and 5 were born, who are minors...
...standing to sue, but the Court of Appeal for the Fourth Circuit reversed it. On certiorari, the United States Supreme Court affirmed. In the opinion by White, J., joined by Burger, C.J. and Brennan, Marshall, .... This appeal has been filed under Section 47 of the Guardians and Wards Act, 1890 (hereinafter referred to as “the Act, 1890) challenging the judgment and order dated 09.09.2021 passed by learned...Additional District and Sessions Judge/Special Court, Prevention of Corruption Act, court no. 2, Lucknow in Misc. Case No. 529 of 2021 (Nirali...
...challenged allowing closure of premises used for prostitution. Majority upheld validity. Dissent by Blackmun, Brennan, and Marshall, JJ. at p. 579 referred to Near v. Minnesota 75 L Ed 1357...?1.2 Is it permissible to rely on Article 129 and Article 215 of the Constitution as the source of power and jurisdiction to issue injunction to the press/media to postpone...publication for a stated time in the interest of the administration of justice?1.3. Thirdly, assuming there is power and jurisdiction, should the matter as to postponement...
.... joined. White, J. and Marshall, J., filed dissenting opinions, in which, Brennan, J., joined. It was held by the majority that the Congress had acted well within its...Amendment and enjoined registration under the Act. The opinion of the court was delivered by Rehnquist, J., in which Burger, C.J., and Stewart, Blackmun, Powell and Stevens, JJ...
$~ *IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C)No.10498/2015 and CM No.44852/2016 %th Reserved...
..., comprising himself, White, Marshall, Blackmun and Stevens JJ. He noted, at paragraph 35, that most states under common law, although varying in their precise terminology, recognise that punitive damages in...damages in cases of negligence are, or should be, restricted to cases of intentional wrongdoing or conscious recklessness.The pros and cons of exemplary damages have been much debated...Parliament of New Zealand has confirmedthe existence of the court s jurisdiction to award exemplary damages, and to do so in cases of accidental personal injury: see...
...Indra Sawhney-l (SCC para 730) compel excerption:
...The decision of the Majority (Brennan, White, Marshall, Blackmun and Stevens, JJ) rendered by Brennan, J is noteworthy for the shift...1. I have the privilege of going through the elaborate opinions framed by my brother Judges Mr. Justice Goda Raghuram and Mr. Justice V.V.S. Rao. By and large, I am in agreement with them..., but there are some areas, where I could not pursue myself to go along with the opinion of my brothers, though the fate of the cases would be the same and the writ petitions would have to be allowed...
...Supreme Court affirmed. In the opinion by White, J., joined by Burger, C.J. and Brennan, Marshall, Blackmun, Rehnquist, Stevens, and O'Connor, JJ., it was held that Puerto Rico had a claim to represent...respondent vide Annexure-AQ, canceling the No Objection Certificate issued in favour of the petitioner and for a writ of mandamus to direct the respondent to permit the petitioner to construct upto the...conducted by the respondent through Airports Authority of India or International Civil Aviation Organization or any other recognized agency and direct the 1st respondent to revalidate the No Objection...
..., Blackmun and Stevens, JJ) rendered by Brennan, J., is noteworthy for the shift of approach from the earlier decisions. It is now held that a classification based on race (bening race conscious.... Supreme Court. The conclusions and ratio of the said decision were analysed and approved in Indra Sawhney case as follows:
.....The decision of the Majority (Brenrtan, White, Marshall...JUDGMENT S.B. Sinha, C.J.
1. These writ petitions involving common questions of fact and law were heard together and are being disposed of by this common judgment. The...
...-5030 and 69-5031, decided on June 29, 1972) and obtained the assent of two Judges, Mr Justice Brennan and Mr Justice Marshall. In that case the Judges were invited to reject capital punishment on the...of death with which they were concerned, it was only Brennan and Marshall, JJ, who were prepared to outlaw capital punishment on the ground that it was an anachronism, degrading to human dignity and...unnecessary in modern life. The other three Judges, namely Mr Justice Douglas, Mr Justice Stewart and Mr Justice White who formed the majority along with Brennan and Marshall, JJ., did not take the...
...-trial. Brennan, J. held:“We hold that the constitutional protections for speech and press preclude the application of the New York statute to redress false...freedom of speech and of the press guaranteed by the First and Fourteenth Amendments. In the leading opinion delivered by Brennan, J., the learned Judge referred in the first instance to the earlier...question as to the parameters of the right of the press to criticise and comment on the acts and conduct of public officials.2. The first petitioner is the editor, printer and...
...is no convincing empirical evidence supporting or refuting this view”. In the same case the minority Judges, Brennan, J., and Marshall, J., were convinced that ‘capital punishment was not necessary as...upon the ignorant, the impoverished and the underprivileged. In the words of Marshall, J.: “Their impotence leaves them victims of a sanction that the wealthier, better represented, just-as-guilty...“Drinkers of Infinity”), in a letter to the Press, neatly summed up the paradox and the pathology of the Death Penalty. The unsoundness of the rationale of the demand of death for murder has been...
...commerce and they cannot be said to make more than most speculative contribution to highway safety. Blackmun, J., with whom Brennan, C.J and Rehnquist, J. concurred, held that if safety justifications...., who delivered the opinion of the Court in which White, Blackmun and Stevens, JJ. joined observed:“While the Supreme Court has been most reluctant to invalidate State...in light of extent of burden imposed on course of inter-State commerce.”Brennan, J., with whom Marshall, J. joined, concurring with the judgment observed...
...States by the Fourteenth Amendment. Brennan J. and Marshall, J. took the view that the death penalty was per se unconstitutional as violative of the prohibition of the Eighth Amendment. Brennan, J..., under sentence of death. Anticipation of approaching death can and does produce stark terror. Vide article on ''Mental Suffering under Sentence of Death." 57 Iowa Law Review 814. \Justice Brennan in...rape of an adult woman. White, J. with whom Stewarts and Blackmun, JJ. agreed, said, with regard to the offence of rape committed against an adult woman : "a sentence of death is grossly disproportionate...
...Brennan, Marshall and Stevens, JJ. dissented from this view and held that the pregnancy disability exclusion amounted to downgrading women's role in labour force. The counsel for the Corporation relied...seems to take a more reasonable and rational view. Brennan, J. with whom Marshall, J. agreed, observed as follows:“(1) the record as to the history of the...S. Murtaza Fazal Ali, J.— Transfer Case No. 3 of 1981 and the writ petitions filed by the petitioners raise common constitutional and legal questions and we propose to decide...
...commerce with foreign nations, and among the several States, and with the Indian tribes.’”109. Chief Justice Marshall in above context has laid down following...remaining in the original cases, unbroken and unsold, in the hands of the importer”111. Justice Field relied on the statement made by Chief Justice Marshall in the case of...-442 6 L Ed 678. “It is a matter of hornbook knowledge that the original package statement of Justice Marshall was an illustration, rather than a formula, and that its application is evidentiary, and...