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Judgment Search Results Home > Cases Phrase: ancient hindu law Sorted by: recent Year: 1974 Page 9 of about 171 results (0.064 seconds)

Jun 21 1974 (HC)

Mohammed KarimuddIn (Died) and ors. Vs. the State of Madras Represente ...

Court : Chennai

Decided on : Jun-21-1974

Reported in : (1975)2MLJ396

..... of certiorari to remove such an erroneous order, other features in this case broadly referred to above would enable the petitioner to succeed.17. the law of eminent domain enables the state to compulsory acquire private land. by such a statutory process the owner is deprived of his rights to own property ..... it is necessary to see and adjudge whether such a decision is made by a quasi-judicial tribunal or not and whether it is sustainable in law.16. apart from the apparent error in the impugned order which by itself is a ground for interference under article 226 of the constitution for ..... society itself, not from the artificial reservoir of parliament. as pointed out by a witty writer judge e. a. parry in the drama of the law, 'statutes' are only quoted. their disastrous effect on human happiness has made them rightly repellant to men of generous minds. even judges can scarcely hide ..... statutory board functioning under the madras state housing board, did not pass any resolution cancelling the scheme or avoiding the scheme in a manner known to law. the narrative of facts above discloses that it was purely on humanitarian considerations, but by totally ignoring the rights of the petitioner, that the ..... reliance was placed upon the observations of the select committee in paragraph 12 of the report dated 2nd february, 1893 for effecting the change in law and the circumstances under which the power under section 48 could be invoked. it is said in the report that experience has shown that the .....

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Jun 19 1974 (FN)

Parker Vs. Levy

Court : US Supreme Court

Decided on : Jun-19-1974

..... to what the state commands or forbids. . . . words which are vague and fluid . . . may be as much of a trap for the innocent as the ancient laws of caligula." united states v. cardif, 344 u. s. 174 , 344 u. s. 176 . [ footnote 3/3 ] secondly, vague statutes offend due process by ..... , the military makes an effort to advise its personnel of the contents of the uniform code, rather than depending on the ancient doctrine that everyone is presumed to know the law. article 137 of the uniform code, 10 u.s.c. 937, requires that the provisions of the code be "carefully ..... , at best. [ footnote 3/26 ] to presume that he and others like him who served during the vietnam era were so imbued with the ancient traditions of the military as to comprehend the arcane meaning of the general articles is to engage in an act of judicial fantasy. [ footnote 3/27 ..... shall be made available to any person on active duty, upon his request, for his personal examination." with these very significant differences between military law and civilian law and between the military community and the civilian community in mind, we turn to appellee's challenges to the constitutionality of arts. 133 and ..... serves on active duty, he is, and must be, controlled by the provisions of military law. in this instance, military restrictions fall upon a reluctant 'summer soldier;' but at another time, and differing circumstances, the ancient and wise provisions insuring civilian control of the military will restrict the 'man on a white .....

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Jun 17 1974 (FN)

Ross Vs. Moffitt

Court : US Supreme Court

Decided on : Jun-17-1974

..... file an effective brief by telling his story in simple language without legalisms, but the technical requirements for applications for writs of certiorari are hazards which one untrained in the law could hardly be expected to negotiate." " certiorari proceedings constitute a highly specialized aspect of appellate work. the factors which [a court] deems important in connection with deciding whether to grant ..... clause, and mr. justice harlan in dissent thought the discourse should have been in those terms, due process encompasses elements of equality. there simply cannot be due process of the law to a litigant deprived of all professional assistance when other litigants, similarly situated, are able to obtain professional assistance and to be benefited by it. the same concepts of fairness .....

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Jun 10 1974 (FN)

Michigan Vs. Tucker

Court : US Supreme Court

Decided on : Jun-10-1974

..... effect whatsoever on the trustworthiness of "fruits." since excluding the fruits of respondent's statements would not further the integrity of the factfinding process, and would severely handicap law enforcement officials in obtaining evidentiary substitutes, i would confine the reach of johnson v. new jersey to those cases in which the direct statements of an accused made ..... declined to apply the miranda rules to post- miranda retrials of persons whose original trials were commenced prior to miranda. there, we said: "[c]oncern for the justifiable reliance of law enforcement page 417 u. s. 458 officials upon pre- miranda standards militates against applying miranda to retrials. . . . as we stated in stovall [v. denno, supra ], '[ ..... u. s. 732 . application of the miranda standards to the present case, however, presents entirely different problems. unlike the situation contemplated in johnson, the burden imposed upon law enforcement officials to obtain evidentiary substitutes for inadmissible "fruits" will likely be substantial. the lower courts, confronted with the question of the application of miranda to fruits, have provided ..... by the availability of strict pre- miranda standards to test the voluntariness of confessions. 384 u.s. at 384 u. s. 730 . in addition, we recognized that law enforcement agencies had justifiably relied on our prior rulings and that retroactive application would necessitate the wholesale release and subsequent retrial of vast numbers of prisoners. id. at 384 .....

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Jun 10 1974 (FN)

Davis Vs. United States

Court : US Supreme Court

Decided on : Jun-10-1974

..... . ." (emphasis added.) thus, a district court may grant relief under this section only where (1) the judgment rendered was without jurisdiction; (2) the sentence was not authorized by law or is otherwise open to collateral attack; or (3) there has been such a denial of constitutional rights as to render the judgment vulnerable to collateral attack. petitioner's case ..... criminal procedure in the absence of any indication that the defendant was prejudiced by the asserted technical error. we suggested that the appropriate inquiry was whether the claimed error of law was a "fundamental defect which inherently results in a complete miscarriage of justice," and whether "[i]t . . . present[s] exceptional circumstances where the need for the ..... rehnquist rejects any suggestion that the language concerning "sentence[s] . . . otherwise open to collateral attack" can encompass a claim that a confinement under that sentence violates the "laws of the united states," contending that this would reduce the remaining language regarding "a denial or infringement of constitutional rights" to surplusage. indeed, the nub of the dissent is that ..... mr. justice stewart delivered the opinion of the court. this case involves the availability of collateral relief from a federal criminal conviction based upon an intervening change in substantive law. while the question presented is a relatively narrow one, it arises as the result of a rather complicated chain of events. i in february, 1965, the petitioner, joseph .....

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Jun 06 1974 (HC)

Union of India Vs. India Hard Metals Private Limited Etc.

Court : Delhi

Decided on : Jun-06-1974

Reported in : ILR1975Delhi737

..... where the award set out relevant words and clause 30 of the contract and also the conclusion of law on the meaning of those words. lord russell said that since the award recited the contract and referred in terms to the provisions of clause 30 thereby ..... one. the court cannot start on a voyage of discovery to find out the reasons which weighed with the arbitrator. this will be an impossible thing nor does the law sanction it. (27) f. r. absalom limited v. great western (london) garden village society, limited, (1933) a.c. 592 is a case in point ..... dunedin in his classic judgment in champsey bhara & co. v. jivraj balloo spinning & weaving co., ltd., air 1923 pc 66 (2) he said : 'anerror of law on the face of the award means, in their lordships' view, that you can find in the award, or a document actually incorporated thereto, as for instance, a ..... ltd. (1953) 2 lloyd's rep. 427. on incorporation of contracts denning lj said this : 'i have a strong suspicion that the arbitrators went wrong in law, but we arc not able to say so without looking at the contract, because the terms of the contract may very the ordinary legal rights and implications. the difficulty ..... 1.has the arbitrator failed to decide the matters in controversy between the parties which were referred to arbitration 2. does the award contain an apparent error of law with regard to the interpretation of clause 18(d) i and ii read with clauses 18(1) & (m) in the schedule to the acceptance of tender .....

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Jun 05 1974 (SC)

In Re: Presidential Poll

Court : Supreme Court of India

Decided on : Jun-05-1974

Reported in : (1974)2SCC33; [1975]1SCR504

..... act. has been published by assigning 182 seats to the gujarat assembly which notification under section 10(2) of the 1972 act has the force of law and cannot be questioned in any court, elections to these 182 scats cannot be held on the basis of the old electoral rolls because those electoral ..... total number of seats and the division of each state into territorial constituencies shall be readjusted by such authority and in such manner as parliament may by law determine. the delimitation commission under the 1972 act is engaged in the division of the state into territorial constituencies.44. it is apparent and there is ..... and the observation in both the cases that the reference should not be declined excepting for good reasons. this court accepted the reference on the questions of law arising or likely to arise. das, c.j. in in re. kerala education bill case said that it is for the president to determine what ..... mandatory character because of supervening impossibility caused by the act of god. (sec broom's legal maxims 10th edition at pp. 1962-63 and craies on statute law 6th ed. p. 268).17. the effect of article 62(1) was considered by this court in narayan bhasker khare v. the election commission of india ..... years shall operate as a dissolution of the house the period may, while a proclamation of emergency is in operation, be extended by parliament by law for a period not exceeding one year at a time and not extending in any case beyond a period of six months after the proclamation has .....

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May 28 1974 (FN)

Eisen Vs. Carlisle and Jacquelin

Court : US Supreme Court

Decided on : May-28-1974

..... class members would end this suit as a class action and effectively frustrate petitioner's attempt to vindicate the policies underlying the antitrust and securities page 417 u. s. 176 laws. second, petitioner contends that individual notice is unnecessary in this case, because no prospective class member has a large enough stake in the matter to justify separate litigation of ..... that the district court's order imposing 90% of the notice costs on respondents likewise falls within "that small class." it conclusively rejected respondents' contention that they could not lawfully be required to bear the expense of notice to the members of petitioner's proposed class. moreover, it involved a collateral matter unrelated to the merits of petitioner's claims ..... suit [ footnote 4 ] and page 417 u. s. 164 therefore turned its attention to the third subdivision, (b)(3). that subdivision requires a court to determine whether "questions of law or fact common to the members of the class predominate over any questions affecting only individual members," and whether "a class action is superior to other available methods for the ..... for a certain four-year period, charging respondent brokerage firms, which handled 99% of the exchange's odd-lot business, and respondent exchange with violating the antitrust and securities laws. there followed a series of decisions by the district court and the court of appeals. the district court ultimately decided that the suit could be maintained as a class action .....

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May 28 1974 (FN)

Cooper Stevedoring Co., Inc. Vs. Fritz Kopke, Inc.

Court : US Supreme Court

Decided on : May-28-1974

..... to consider this question, 414 u.s. 1127 (1974), and now affirm. where two vessels collide due to the fault of each, an admiralty doctrine of ancient lineage provides that the mutual wrongdoers shall share equally the damages sustained by each. in the north star, 106 u. s. 17 (1882), mr. justice ..... suggests that the vessel cannot recover contribution because it has already been fully indemnified for the judgment under its agreement with mid-gulf. see w. prosser, law of torts 48-49 (4th ed.1971). but this suggestion rests on a faulty construction of the agreement between the vessel and mid-gulf. the latter ..... case, as its failure to discuss horton, watz, and seaboard indicates. rather, atlantic proves only that our decision in halcyon was, and still is, good law on its facts. affirmed. mr. justice stewart took no part in the decision of this case. [ footnote 1 ] this suit was commenced prior to the ..... took cognizance of the apparent trade-off in the act between the employer's limitation of liability and the abrogation, in favor of the employee, of common law doctrines of contributory negligence and assumption of risk. id. at 342 u. s. 285 -286. confronted with the possibility that any workable rule of ..... ." the alabama, supra, at 92 u. s. 697 . and a "more equal distribution of justice" can best be achieved by ameliorating the common law rule against contribution which permits a plaintiff to force one of two wrongdoers to bear the entire loss, though the other may have been equally or more .....

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May 17 1974 (SC)

Francis Alias Ponnan Vs. State of Kerala

Court : Supreme Court of India

Decided on : May-17-1974

Reported in : AIR1974SC2281; 1974CriLJ1310; (1975)3SCC825; [1975]1SCR485

..... to provoke him. discloses nothing short of a fiendish callousness and cruelty. if death sentence, a legally prescribed punishment still considered necessary to deter potential murders from violating the basic law of civilised human existence--'thou shall not kill'--is deserved by an offender, we think that bhagwanta, appellant, is such an offender.13. the result is: we allow the appeal ..... appellant on one pretext or another to accompany him on a journey and did not return after that. three other alleged victims, who similarly disappeared were: mainaji, the father-in-law of the appellant; and bhim, the appellant's own brother; and, thakubai, the daughter of sakharam. the appellant was not tried for the murder of the last mentioned three persons ..... not a guarantee against the disturbance of mind which could be produced by the kind of attacks which had previously taken place on his elder brother and his brother-in-law. although, the previous incidents could not constitute sufficient provocation to reduce the crime of murder to one of culpable homicide not amounting to murder, yet, we think that the context ..... to francis during or immediately preceding the incident so as to enable the appellant to plead the first exception to section 300 indian penal code. the provocation contemplated by the law must be grave as well as sudden so as to deprive the individual of the power of self control before the first exception to section 300 could apply. nevertheless, in .....

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