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Judgment Search Results Home > Cases Phrase: ancient hindu law Year: 1974 Page 13 of about 171 results (0.062 seconds)

Jul 03 1974 (HC)

West Bengal State Electricity Board Vs. Bongaon Electric Supply Co. Lt ...

Court : Kolkata

Decided on : Jul-03-1974

Reported in : AIR1975Cal137

..... make it clear that the defendant respondent would be entitled to realise the remaining outstanding dues from their customers if not otherwise barred and not permissible in law. 51. the appellant would get from the respondent costs of this appeal, the hearing fee being assessed at thirty gold mohurs. the defendant respondent company ..... an appeal was then pending before the learned district judge. in the instant case not only no question of law is involved on the second paragraph of the amendment, but the set up is different. 43. the seventh and the last case cited by mr. ..... rajammal v. kannammal, : air1950mad695 . in my view though this case helps the applicant to a certain extent, it relates to an important question of law relating to un-chastity and not to facts at all. the madras high court did not decide the said complicated question in a civil revision proceeding because ..... : air1950all396 . this is again on the footing of an intervening act -- a subsequent event relating to the definition of accommodation. it was a change in law and the party was entitled to file a written statement which is not the case here. 40. the fourth decision was a decision of the privy council, ..... records and evidence therein and the award and the judgment upon award.' 35. so far as paragraph 18-a is concerned it is a pure question of law but it was never argued. no issue was framed. so far as the statement of fact in 18-b is concerned, namely, to the effect .....

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May 15 1974 (FN)

Calero-toledo Vs. Pearson Yacht Leasing Co.

Court : US Supreme Court

Decided on : May-15-1974

..... was made, and, so far as we know, only one marihuana cigarette was found on the yacht. we deal here with trivia where harsh judge-made law should be tempered with justice. i realize that the ancient law is founded on the fiction that the inanimate object itself is guilty of wrongdoing. united states v. united states coin & currency, 401 u. s. 715 ..... applicable provisions of the federal constitution, the puerto rican federal relations act and the acts of congress authorizing and approving the constitution, as may be interpreted by judicial decision. those laws which directed or authorized interference with matters of local government by the federal government have been repealed.'" 28 dept. of state bull. 584, 587 (1953). but cf. note, puerto ..... statutes to the property of innocents. [ footnote 25 ] forfeiture of conveyances that have been page 416 u. s. 687 used -- and may be used again -- in violation of the narcotics laws fosters the purposes served by the underlying criminal statutes, both by preventing further illicit use of the conveyance and by imposing an economic penalty, thereby rendering illegal behavior unprofitable. see ..... conviction. see 2 f. pollock & f. maitland, supra, n 18, at 165-166; 3 w. holdsworth, history of english law 280 and n. 3 (3d ed.1927). mitigation with respect to deodands was less formalized: "it seems also clear from the ancient authorities that jurors always determined the amount of deodand to be imposed with great moderation, and with a due regard .....

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Sep 30 1974 (HC)

Mohammad Israil and anr. Vs. Union of India (Uoi) and ors.

Court : Kolkata

Decided on : Sep-30-1974

Reported in : AIR1976Cal189,80CWN193

..... have issued the said authorisation dated the 24th of october, 1973 and letter dated the 29th of october, 1973 without taking recourse to due process of law. as admitted from the facts it appears that the premises no. 19 phears lane, calcutta is an enemy property within the meaning of the defence of ..... of the alleged purported deed of lease dated the 20th of february, 1955. he submitted that without due process of law the said act, is illegal and violative of the fundamental rights of the petitioners who ere admittedly in possession of the said structures on the said ..... as the owners of the structures of the said land for a long time and as such the respondents should have taken appropriate steps under the law for removal of the structures on the land and for getting declaration that the structures were forfeited to mussamet bokhtan begum and md. shafiq in terms ..... october, 1973 are clearly violative of the principles that nobody can take possession of any property or deprive any one of his proprietary right without due recourse to law. he relied on the supreme court decision in bishan das v. state of punjab, : [1962]2scr69 . he analysed the facts as disclosed from the ..... a premises no. 19, pheares lane (formerly known as chunamgully) hereinafter refer-red to as the said 'premises' belonged to the estate of one benoy madhab law. on the 8th of february, 1927, the executrix of the said estate leased out the said premises (a vacant plot of land) to one haji allah .....

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Jul 30 1974 (HC)

A.J. Tulloch Vs. M.P. Tulloch and anr.

Court : Kolkata

Decided on : Jul-30-1974

Reported in : AIR1975Cal243,79CWN157

..... evidence on behalf of the respondent was not acceptable, can it be said that the petitioner has proved his case, as pleaded?28. the principles of law have been stated from rival points of view with ability and force before this court. much emphasis was laid by mr. sarkar and mrs. pal on ..... that there was an inclination and opportunity yet the court accepted the verbal testimony of the respondent. it was held that there was no rule of law that evidence of conjunction of inclination and opportunity must raise presumption that adultery has been committed. the sworn testimony of the wife and other gentlemen were accepted ..... a case reported in : 1974crilj307 in which acceptance of such evidence was held to be not illegal but inadvisable. the other authorities relied on were halsbury's laws of england, volume 12, page 238 and sopwith v. sopwith, reported in 164 er 1509 (1510) for the proposition that the court looks with suspicion on ..... to stay for a period. the question of jurisdiction in this case seems to be a difficult one. after going through the maze of varying case laws and specially in view of the supreme court eschewing a rigid formulation of the word residence and on the basis of the facts of this case -- on ..... after hearing the arguments the court comes to a finding in favour of the petitioner as to the factum of stay.10. as regards the position in law it appears that the rationale of the decision in (1899) 3 cal wn, 250 is that jurisdiction is to be rejected when there is more .....

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Jun 25 1974 (FN)

Gertz Vs. Robert Welch, Inc.

Court : US Supreme Court

Decided on : Jun-25-1974

..... substantiate its premise. for my part, i would require something more substantial than an undifferentiated fear of unduly burdensome punitive damages awards before retooling the established common law rule and depriving the states of the opportunity to experiment with different methods for guarding against abuses. even assuming the possibility that some verdicts will be "excessive," ..... is constitutionally wrong with assessing punitive damages to deter a publisher from departing from those standards of care ordinarily followed in the publishing industry, particularly if common law malice is also shown. i note also the questionable premise that "juries assess punitive damages in wholly unpredictable amounts bearing no necessary relation to the actual harm ..... would subject him to hatred, contempt, or ridicule. given such publication, general damage to reputation was presumed, while punitive damages required proof of additional facts. the law governing the defamation of private citizens remained untouched by the first amendment, because, until relatively recently, the consistent view of the court was that libelous words constitute ..... granted, apparently on the ground that petitioner failed to allege special damages. but the court ruled that statements contained in the article constituted libel per se under illinois law, and that, consequently, petitioner need not plead special damages. 306 f.supp. 310 (1969). after answering the complaint, respondent filed a pretrial motion for summary .....

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Feb 07 1974 (HC)

Lonimohon Das Vs. the Union Territory of Manipur

Court : Guwahati

Decided on : Feb-07-1974

..... , by reason of un-soundness of mind, is incapable of knowing the nature of the act, or that he is doing what is either wrong or contrary to law.11. it is settled law that when an accused takes the plea that his act comes within the general exception in the penal code, the burden is upon him to establish it. in .....

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Jan 14 1974 (FN)

Vachon Vs. New Hampshire

Court : US Supreme Court

Decided on : Jan-14-1974

..... delinquency of this minor, as charged in the complaint. [citations omitted.]" id. at 242, 36 a.2d at 784. the court simply casts aside this authoritative construction of new hampshire law, seizes one phrase out page 414 u. s. 486 of context, and concludes that there was no evidence to establish that the appellant "[knew] the girl to be a minor ..... much as mention either the united states constitution or a single case decided by this court. the supreme court of new hampshire treated these arguments as raising a classic state law claim of insufficient evidence of scienter; nothing in that court's opinion remotely suggests that it was treating the claim as having a basis other than in state ..... law. the court purports to decide the scienter question on the basis of rule 40(1)(d)(2) of the rules of this court, which provides: "1. briefs of an appellant .....

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Jul 25 1974 (FN)

Milliken Vs. Bradley

Court : US Supreme Court

Decided on : Jul-25-1974

..... education, as a subordinate entity of the state, were attributable to the state of michigan, thus creating a vicarious liability on the part of the state. under michigan law, mich.comp.laws 388.851 (1970), for example, school building construction plans had to be approved by the state board of education, and, prior to 1962, the state board had ..... fulfilled unless the state page 418 u. s. 783 of michigan involves outlying metropolitan area school districts in its desegregation remedy. furthermore, i perceive no basis either in law or in the practicalities of the situation justifying the state's interposition of school district boundaries as absolute barriers to the implementation of an effective desegregation remedy. under established and ..... inherently unequal education in the future as they have been unconstitutionally afforded in the past. i cannot subscribe to this emasculation of our constitutional guarantee of equal protection of the laws, and must respectfully dissent. our precedents, in my view, firmly establish that where, as here, state-imposed segregation has been demonstrated, it becomes the duty of the ..... held that segregation of children in public schools on the basis of race deprives minority group children of equal educational opportunities, and therefore denies them the equal protection of the laws under the page 418 u. s. 782 fourteenth amendment. this court recognized then that remedying decades of segregation in public education would not be an easy task. subsequent .....

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Jun 26 1974 (FN)

Dorszynski Vs. United States

Court : US Supreme Court

Decided on : Jun-26-1974

..... various groups, and was modeled after the english borstal system, which had achieved substantial success in rehabilitating young offenders. [ footnote 2/2 ] the initial legislative proposal, an american law institute model act, removed the power to sentence eligible offenders from the trial judges altogether and reposed that power in a correctional authority. [ footnote 2/3 ] not surprisingly, ..... judicial conference, involved shared sentencing powers between trial judges and correctional authorities. [ footnote 2/4 ] it met with similar criticism. the 1949 proposal, which was finally enacted into law, retained sentencing power in the trial judge. as the court today points out, the drafters of the act repeatedly emphasized that the legislation " does not interfere with the [ ..... be proper: "if . . . the judge is convinced the youth is incorrigible and would derive no help from the program, he may sentence him under any applicable provision of law." s.rep. no. 1180, 81st cong., 1st sess., 5 (1949). other aspects of the legislative history underscore congress' intention that the act provide a preferred sentencing alternative ..... he absence of any explanation or purported justification for the sentence is among the more familiar and understandable sources of bitterness among people in prison." m. frankel, criminal sentences, law without order 42-43 (1972). [ footnote 2/20 ] there may, of course, be circumstances in which it would not be advisable to state the reasons underlying imposition .....

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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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