Court : US Supreme Court
..... neglect to perform such duty, and any person charged with such duty, or having and exercising any authority under said act, rules, regulations, or directions who shall knowingly make, or be a party to the making, of any false, improper, or incorrect registration, classification, physical or mental examination, deferment, induction, enrollment, or muster, and any person who shall knowingly make, or be ..... the requirements of this act, or of said rules, regulations, or directions, or who in any manner shall knowingly fail or neglect to perform any duty ..... himself or any other person for service under the provisions of this act, or rules, regulations, or directions made pursuant thereto, or who otherwise evades registration or service in the land or naval forces or any of the requirements of this act, or who knowingly counsels, aids, or abets another to evade registration or service in the land or naval forces or any of ..... required of him under or in the execution of this act, or rules or regulations made pursuant to .....Tag this Judgment!
Court : US Supreme Court
..... affirmed. 153 f.2d 176. this court granted certiorari. 327 u.s. 776. reversed, p. 329 u. s. 223 . mr. justice douglas delivered the opinion of the court. the alien registration act of 1940, 54 stat. 670, 8 u.s.c. 451 et seq., required aliens, with certain exceptions, to register pursuant to regulations of the commissioner of immigration and naturalization. [ footnote ..... 176 reversed. petitioners were convicted under 37 of the criminal code of conspiring to defraud the united states in the exercise of its governmental functions by filing false registration statements under the alien registration act of 1940, 54 stat. 670, 8 u.s.c. 451 et seq., and concealing page 329 u. s. 213 their membership in the nazi party. the circuit court ..... imprisonment has been served does not render moot a review of the conviction of an alien under 37 of the criminal code for conspiring to file a false registration statement under the alien registration act and to conceal from the government his membership in the nazi party, since the conviction may weaken his defense to a deportation proceeding under 8 u.s.c ..... that he was not affiliated with or active in such an organization. each failed to disclose in answer to another question pertaining to "memberships or activities in clubs, organizations, or societies" that he was in any way connected with the nazi party. they were indicted in 1944 with 28 others for conspiring to defraud the united states in the exercise of .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1947Bom310; (1947)49BOMLR6
..... ; a nurse, midwife or health visitor registered under the bombay nurses, midwives and health visitors' registration act, 1935, or a dai attending on a case of labour; a person who is entitled to registration under section 16 (1) of this act or section 7 of the bombay medical act, 1912; a person who is a british subject domiciled in the united kingdom or india and ..... being a nurse, midwife or health visitor registered, under the bombay nurses, midwives and health visitors registration act, 1935, or a dai attends on a case of labour, or(c) who is entitled to registration under section 18(1) of this act or section 7 of the bombay medical act, 1912, or(d) who is a british subject domiciled in the united kingdom or india ..... found guilty of infamous professional conduct, although he may be possessed of the necessary qualification, and in that case he cannot be said to 'be entitled to registration'. according to the scheme of the act they are entitled to be registered, but the medical council may refuse to register them for certain reasons. otherwise, it would be impossible for an unregistered medical ..... council of england, scotland or ireland the necessary documents for proof. it obviously means the possessing of a qualification prescribed for registration. in ellis v. kelly (1860) 6 h. & n. 222 bramwell b. dealing with the penal section 40 of the english act says (p. 226) :the 40th section is intended to guard the public against being imposed upon by a person pretending .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1947Cal75
..... these disputes and to prevent litigation, two documents came to be executed on 16th november 1916. neither of these documents was, however, registered under the registration act. by document called 'memorandum of the terms of arrangement by way of family settlement between the members of the family of rai hardatrai chamria bahadur of ..... of the arbitrator on this point. in this view of the matter, it is unnecessary to consider the scope and effect of sections 17 and 49, registration act, with reference to the family deed in so far as it purports to deal with the partnership.26. re. point no. 1(b). - as ..... the partners introducing him may think fit of the capital of such partner in the said business.3. this partnership deed was registered under the registration act. about this time trouble was brewing in the family and disputes had arisen as regards the rights of hardatrai's adopted son durga vis a ..... (1922) 1 a.c. 268 government of kelantan v. duff development co. (1923) 1 a.c. 268 absalon ltd. v. great western (london) garden village society ltd. (1933) 1933 a.c. 592, barton v. blackburn (1934) 150 l.t. 327 and gopinath v. salil kumar : air1938cal705 clearly recognise this exception. this ..... conveniently classified as follows: (1) that the award is vitiated by error of law on the face of it in that, (a) the arbitrator has acted upon inadmissible evidence, (b) the arbitrator has proceeded on a wrong construction of certain documents. (2) that the award is inconsistent and vague in its .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1947Cal49
..... appeal from those three decisions of the judicial committee.28. mr. sinha, for the registrar, contended that the trade marks act is a special act dealing with the special matter of the registration of a trade mark, which is not a right under the civil law, and the appeal to the high court, ..... same conclusion. the india electric works ltd. (hereinafter referred to as the company) made an application before the registrar of trade marks for the registration of the word 'india' as their trade mark in respect of electric fans and regulators manufactured and sold by them for a considerable number of ..... the decision of the registrar before whom the proceedings leading to the appeal are initiated. the court does not get seisin of the matter of registration until an appeal is preferred to it. in order to dispose of the appeal the court must exercise its appellate jurisdiction (the nature of which ..... j., exercised the court's ordinary original civil jurisdiction when he heard and disposed of the appeal against the registrar's dismissal of the application for registration of the company's trade mark. mr. sinha conceded that, if such jurisdiction was exercised clause 15 is applicable and the present appeal lies. ..... confined to jurisdiction to hear appeals from the civil courts mentioned in the clause and appeals under acts passed and regulations in force up to the year 1865. in secretary of state v. hindusthan co-operative insurance society ltd. ('31) 18 a.i.r. 1913 p.c. 149 (153) it was observed .....Tag this Judgment!
Court : US Supreme Court
..... in excess of, the number of gallons of gasoline which would be required to fill the storage capacity of such place of business, as shown by the current certificate of registration, . . . ." 8 fed.reg. 15981. [ footnote 2 ] selling gasoline without receipt of ration coupons, selling gasoline in excess of the ceiling price, or unlawfully possessing ration coupons is a ..... an impressive body of the laws of congress and of the decisions of this court. stern enforcement of the criminal law is the hallmark of a healthy and self-confident society. but, in our democracy, such enforcement presupposes a moral atmosphere and a reliance upon intelligence whereby the effective administration of justice can be achieved with due regard for ..... chitty, criminal law, 5th ed., 1847, 64 et seq.; barbour, criminal law, 2d ed., 1852, 499 et page 328 u. s. 604 seq.; 1 archbold, criminal procedure, 7th ed., 1860, 141. certainly warrants lacking strict particularity as to location to be searched or articles to be seized were deemed obnoxious. ibid.; see also 2 hawkins, pleas of the crown, 130 ..... judge or commissioner, showing probable cause of violation of statute). * congress has passed numerous statutes authorizing inspection of defined premises and seizures without warrants. these are all very particularized acts, relating mostly to the inspection of vessels and vehicles and the seizure of various types of contraband goods. most of this legislation comes within the exceptions historically recognized at the .....Tag this Judgment!
Court : Mumbai
Reported in : (1947)49BOMLR231
..... s application. the order contained this sentence:-'it is no doubt satisfactorily established that at a family arrangement bahadur singh was in or prior to 1860 granted certain fields to be held by him and his heirs as a maintenance'. the appellant relies on this statement as showing that jankibai was ..... of the appellant. in their lordships' opinion, in these circumstances, the claim in the second suit is barred under section 144 of the indian limitation act. their lordships have not forgotten that at the trial the plaintiff called two witnesses who asserted that balwant, on grounds of compassion, had authorised jankibai ..... presumption can be fortified under the more general provisions of section 114, since it is likely that a man who performs a solemn and rational act in the presence of witnesses is sane and understands what he is about. there was no evidence whatever that bahadur was not in a perfectly ..... the presumption which could be drawn under section 90 extended to testamentary capacity and held the will proved.6. section 90 of the indian evidence act is in the following terms:-where any document, purporting or proved to be thirty years old, is produced from any custody which the court in ..... (the other respondents claiming through them) to prove the will of bahadur, and that, whilst he could presume under section 90 of the indian evidence act that the will had been properly executed and attested, he could not, under that section, presume that the testator, when he made his will, was .....Tag this Judgment!
Court : Privy Council
Reported in : AIR1947PC15
..... s application. the order contained this sentence:- "it is no doubt satisfactorily established that at a family arrangement bahadur singh was in or prior to 1860 granted certain fields to be held by him and his heirs as a maintenance".  the appellant relies on this statement as showing that jankibai ..... the title of the appellant. in their lordships' opinion, in these circumstances, the claim in the second suit is barred under art. 144, limitation act. their lordships have not forgotten that at the trial the plaintiff called two witnesses who asserted that balwant, on grounds of compassion, had authorised jankibai to ..... presumption can be fortified under the more general provisions of s. 114, since it is likely that a man who performs a solemn and rational act in the presence of witnesses is sane and understands what he is about. there was no evidence whatever that bahadur was not in a perfectly ..... high court held that the presumption which could be drawn under s. 90 extended to testamentary capacity and held the will proved. section 90, evidence act, is in the following terms: "where any document, purporting or proved to be thirty years old, is produced from any custody which the court ..... daughters of jankibai (the other respondents claiming through them) to prove the will of bahadur, and that, whilst he could presume under s. 90, evidence act that the will had been properly executed and attested, he could not, under that section, presume that the testator, when he made his will, was .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1947Cal249
..... certain circumstances, it will be extinguished automatically. the argument that section 18 does not expressly empower the board to apply section 26g, ben. ten. act., hardly deserves consideration. laws enacted by the bengal legislature are laws made for the province of bengal and they are available of their own force to ..... be valid. in my opinion, this argument is plainly unsound. it involves that if a debtor makes an application under the bengal agricultural debtors act, he must immediately forfeit the benefit of other laws as to his liability under the debt and be limited to the arithmetical result of an ..... sub-section (2) provides that the board shall 'determine in respect of each debt the amount...due' in accordance with the rules made under the act and sub-section (5) directs that the board shall prepare an account 'in making the determination under sub-section (2)', neither provision requires the ..... section 26g and since no mortgagee could keep in possession lands of an agricultural mortgagor for more than fifteen years under either of the two acts, the debt must be held to have been extinguished and the mortgagors were entitled to restoration of the lands. as, however, she mortgagees ..... fixed and the mortgagees continued to possess the lands. on 21-12-1938, the mortgagors made an application under section 26g(5), ben. ten. act, before the 3rd subordinate judge, alipore, for restoration of the lands, on the ground that the mortgage, being a usufructuary mortgage of lands held in .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1947Bom217; (1946)48BOMLR828
..... clark. clark died insolvent, quihampton then inserted his own name in the blank transfer form as transferee and sent the transfer to the company for registration and the company registered the same. the plaintiff then filed a suit against clark's administratrix and quihampton, claiming to have an account taken ..... than he possesses, yet, if nevertheless he does pledge the goods to a third person for a greater interest than he possesses, such an act does not annihilate the contract of pledge between himself and the pawnor; but that the transaction is simply inoperative as against the original pawnor, who ..... two; while one protects the innocent purchaser, the other does not do so. in the absence of any provision in section 176 of the indian contract act in favour of the innocent purchaser, to import such protection from the provisions of another statute is, again, with respect, wholly fallacious and unjustifiable.82 ..... that provision contains a saving clause in respect of special contracts to the contrary. if one looks at the various sections of the indian contract act, one finds that some of them specifically mention 'in the absence of a contract to the contrary.' there is no such saving clause in ..... the allegation that mr. nissim waived any notice which it is incumbent upon the bank to give under section 176 of the indian contract act.22. the sixth question is with reference to an allegation that the official assignee is estopped from disputing that the plaintiff is the absolute owner .....Tag this Judgment!