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Search Results Judgments > Act:SOCIETIES REGISTRATION ACT, 1860 Year:1946 Sorted by:old

Dec 09 1946

Fiswick v. United States

  • Decided on : 09-Dec-1946

Court : US Supreme Court

... act alleged to have been committed by any of the petitioners was the filing by one of them of a registration statement under the Alien Registration Act of 1940, in which he falsely failed to disclose his connection with and activities in the Nazi party. Held t hat the conspiracy charged and proved did not extend beyond the date of the last overt act ... the Act, the last of the three, Mayer, registering on December 23, 1940. Each stated when he registered 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 ... 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 ... 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 ... Court in United States v. Smith, 289 U. S. 422 . As to deportation for violations of the Alien Registration Act of 1940, see 20(b)(4) and (5). See also Alien Enemy Act of 1798, Rev.Stat. 4067-4070, as amended 40 Stat. 531, 50 U.S.C. 21-24; Presidential ...

Jun 10 1946

Davis v. United States

  • Decided on : 10-Jun-1946

Court : US Supreme Court

... 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 misdemeanor. ... 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 those ... 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 ... 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 ...

Feb 04 1946

Hannegan v. Esquire, Inc.

  • Decided on : 04-Feb-1946

Court : US Supreme Court

... 660, 39 U.S.C. 230. And that was not done for publications of benevolent and fraternal societies, of institutions of learning, trade unions, strictly professional, literary, historical, and scientific societies until the Act of August 24, 1912, 37 Stat. 550, 39 U.S.C. 229. [ Footnote 17 ] See Deutsch, Freedom ... the postal code. There are no new powers granted to the Department by this bill, none whatever." 8 Cong.Rec. 2134. The bill contained registration provisions which were opposed on the ground that they might be the inception of a censorship of the press. Id., p. 2137. These were deleted. ... because its radiations touch, on the one hand, the very basis of a free society -- that of the right of expression beyond the conventions of the day -- and, on the other hand, the freedom of society from constitutional compulsion to subsidize enterprise, whether in the world of matter or of ... S. 152 701, 705, included "all mailable matter exclusively in print, and regularly issued at stated periods, without addition by writing, mark, or sign." That Act plainly adopted a strictly objective test, and left no discretion to the postal authorities to withhold the second class privilege from a mailable ... process or in imitation of typewriting shall not be regarded as printed within the meaning of this clause." [ Footnote 3 ] Sec. 1 of that Act provides: "When any publication has been accorded second class mail privileges, the same shall not be suspended or annulled until a hearing shall ...

Sep 05 1946

In Re: Vallabhdas Karsondas Natha

  • Decided on : 05-Sep-1946

Court : Mumbai

Reported in : AIR1947Bom382; (1947)49BOMLR189

... estate to her trustees to form a trust for the founding, establishing and maintaining of a charitable institution to 'be called 'The Beaumont Animals Benevolent Society' came up for consideration in that case. Mr. Justice Romer held that the bequest was a good charitable bequest. The Court of Appeal, Lord Hanworth, ... The Privy Council held that A's share in the rents and profits accruing due was an interest in immoveable property and as such compulsorily registrable and, therefore, no title passed to the appellant company. The contention was advanced before the Privy Council that while a right in respect of ... . Commissioner of Income-tax, Bombay (1941) 47 Bom. L.R. 233 by Lord Wright in delivering the judgment of the Board (p. 237):The Indian Act gives a clear and succinct definition which must be construed according to its actual language and meaning. English decisions have no binding authority on its ... its construction, and though they may sometimes afford help or guidance, cannot relieve the Indian Courts from their responsibility of applying the language of the Act to the particular circumstances that emerge under conditions of Indian life.13. The definition to which Lord Wright there refers to is to be ... the trusts which I have already held are either religious or charitable. What we are dealing with under Sub-section 4(3) (i) of the Act, is income, and it is the surplus income derived from the immoveable and moveable properties held by the trustees of the 1908 trust deed. ...

Sep 05 1946

VALLABHDAS KARSONDAS NATHA Vs. COMMISSIONER OF INCOME-TAX, BOMBAY.

  • Decided on : 05-Sep-1946

Court : Mumbai

Reported in : [1947]15ITR32(Bom)

... estate to her trustees to form a trust for the founding, establishing and maintaining of a charitable institution to be called 'The Beaumont Animals Benevolent Society' came up for consideration in that case. Mr. Justice Romer held that the bequest was a good charitable bequest. The Court of Appeal, Lord Hanworth, ... B. The Privy Council held that As share in the rents and profits accruing due was an interest in immovable property and as such compulsorily registrable and, therefore, no title passed to the appellant company. The contention was advanced before the Privy Council that while a right in respect of ... India Spinners Association v. Commissioner of Income-tax, Bombay, by Lord Wright in delivering the judgment of the Board at page 486 :-'The Indian Act gives a clear and succinct definition which must be construed according to its actual language and meaning. English decisions have no binding authority on ... constructions and though they may sometimes afford help or guidance, cannot relieve the Indian Courts from their responsibility of applying the language of the Act to the particular circumstances that emerge under conditions of Indian life.'The definition to which Lord Wright there refers is to be found at the ... of Indian life.'The definition to which Lord Wright there refers is to be found at the end of Section 4 (3) of the Act, and it is in these terms :-'In this sub-section charitable purpose included relief of the poor, education, medical relief, and the advancement of ...

May 28 1946

India Electric Works Ltd. Vs. Registrar of Trade Marks

  • Decided on : 28-May-1946

Court : Kolkata

Reported in : AIR1947Cal49

... 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, conferred by the Act, is also a special right and no appeal lies from ... 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 by their ... Works Ltd., applied under Section 14, Trade Marks Act, 1940 to the Registrar of Trade Marks for registration of the word 'India' as their trade mark of an electric fan. The Registrar refused the application on 26-9-1944. Pursuant to Section 76(1) of the Act the company presented an appeal to this Court ... of any laws or regulations now in force.' The truth is that the Trade Marks Act has created new rights, e.g., a right to get a trade mark registered and has given certain new advantages consequent upon such registration. It has created new tribunals for its own purposes and it has conferred a ... of first impression in relation to the Trade Marks Act I desire to give my reasons in support of the 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 ...

May 28 1946

Durga Prosad Chamria Vs. Anardeyi Sethani

  • Decided on : 28-May-1946

Court : Kolkata

Reported in : AIR1947Cal75

... settle 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 ... (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. ... 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 ... 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 ... 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 terms ...

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