Court : Rajasthan
Reported in : RLW2003(1)Raj155; 2003(1)WLN371
..... 17 legislation have now, with the evolution of new legislations, become somewhat irrelevant to the administration of justice'.235. the civil courts amins act, 1856 was sought to be repealed because the institutions of amins in civil courts has been long abolished and it is no longer in vogue and therefore, this act had become obsolete, redundant and was no longer required to be on the statute book. for the ..... :'the judgment dated 13.12.2001 is vasna ram's case is incuriarn and does not have the binding effect as part of the law of precedent.'iii. (a)(i) development in this court after reference.84. coming to second question before examining the contentions raised before us on merit, we may notice here that after the aforesaid two questions were referred ..... judicial administration laws (repeal) act, 2001 receive the assent of the president and was published on 29.8.2001 in the gazette of govt. of india (extraordinary). it does not contain any preamble showing its object and purpose. it also does not indicate substitution of any provisions in any law so as to give a clue to object behind wholesome repeal of 17 enactments .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1964Cal190
..... co-operative society, whether such claim be admitted or not.'8. there is little doubt that these provisions of the bengal act seek to bar the jurisdiction of the civil court, within the meaning of section 9 of the c. p. code. a poor men's society would be ruined if ..... , where the jurisdiction of the civil court was in question and the decision solely depended on an interpretation of section 86 as in the case before me. i would have been happy to have agreed with the view taken by my learned brother but, with great respect, i regret my inability, for the ..... ' and 'or' one for the other where the literal interpretation would defeat the intention of the legislature or the object of the act. 17-19. if, therefore, i am correct in my conclusion regarding the intention or policy behind section 85, the use of the word 'or' cannot be relied ..... section, so as to nullify theclause division. on this point, it has already been seen that the three legislative precedents offer two different drafting models; 1. the bombay model dispenses with theclause division but practically divides the enumeration into three groups by using thrice the preposition 'between' before each of the ..... all states in order to make further provisions to the same end. while the preamble to the central act says :'whereas it is expedient further to facilitate the formation of co-operative societies.........', the preamble to the bengal act says : --'whereas it is expedient to make further provision for the formation and working .....Tag this Judgment!
Court : Kolkata
Reported in : (1907)ILR34Cal516
..... of the agricultural year.26. the view that prior to the passing of the bengal tenancy act the rights of resident raiyats were heritable, which is thus supported by authority, receives further indirect support from the fact that the case law of the criminal and civil courts as contained in the law reports contains no single instance in which on the death of ..... the period was extended to one year by section 51 of statute victoria 38 and 89, c. 92 (the agricultural holdings (england) act 1875), and the provision has been retained in the agricultural holdings act of 1883 which repealed the act of 1875. this rule of english law has been adopted in bengal as regards under-raiyats under section 49 of the bengal tenancy ..... the protection afforded to the khoodkasht raiyats by regulation viii of 1793 the landlords appear to have taken advantage of and to have abused their position, and act x of 1859 was passed, as the preamble shows, with the object of 're-enacting with certain modifications the provisions of the existing law relative to the rights of the raiyats, with respect to ..... khoodkasht raiyats as 'resident and hereditary cultivators.'' at that time the division of resident raiyats into raiyats with rights of occupancy and raiyats without such rights was unknown.22. regulation i of 1793 which confirmed the permanent settlement in article vi expressly enjoined on landlords the duty of 'conducting themselves with good faith and moderation towards their dependent taluqdars and raiyats .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1961SC1731; 2SCR169
..... july 29, 1951, on the same finding. even while the appeal was still pending before the high court, irani applied to the government of madras for exemption of the premises from the operation of the act. by the date of this application madras act xv of 1946 had been repealed and its provisions substantially re-enacted in the madras buildings (lease & rent control ..... of the power of exemption. the preamble to the act ran : 'whereas it is expedient to regulate the letting of residential and non-residential buildings and to control the rents of such buildings and to prevent unreasonable eviction of tenants therefrom in the state'. 16. this meant that the legislation was enacted for achieving three purposes : (1) the regulation of letting, (2) ..... the definition of a 'tenant' included those who continued in possession notwithstanding their term of tenancy had expired and even those against whom decrees for eviction had been passed by civil courts but under which eviction had not taken place. 17. though the enactment thus conferred these rights on tenants, it was possible that the statutory protection could either have caused ..... owners would be entitled to obtain possession of the demised premises. if this circumstance alone is sufficient to exempt any premises from the operation of the act, then the act itself should be repealed.............. there is no policy or principle involved in this circumstance.'27. we agree with the learned judges in the view here expressed. the mere fact that the .....Tag this Judgment!
Court : US Supreme Court
..... of the traditional judgment (if erie wishes to endorse it) that nude public dancing itself is immoral, have not been repealed by the first amendment. justice souter, concurring in part and dissenting in part. i join parts i and ii of the court's opinion and agree with the analytical approach that the plurality employs in deciding this case. erie's stated interest in ..... national family legal foundation by len l. munsil. briefs of amici curiae urging affirmance were filed for the american association for nude recreation by robert t. page; for the american civil liberties union et al. by steven r. shapiro, witold j. walczak, bruce j. ennis, jr., and paul m. smith; for deja vu consulting, inc., et al. by bradley j. shafer ..... the ordinance was content based and subject to strict scrutiny. the ordinance failed the narrow tailoring requirement of strict scrutiny because the court found that imposing criminal and civil sanctions on those who commit sex crimes would be a far narrower means of combating secondary effects than the requirement that dancers wear pasties and g-strings. id., at 361- ..... (scalia, j., concurring in 281 judgment). erie's ordinance, too, by its terms prohibits not merely nude dancing, but the act-irrespective of whether it is engaged in for expressive purposes-of going nude in public. the facts that the preamble explains the ordinance's purpose, in part, as limiting a recent increase in nude live entertainment, that city councilmembers in supporting .....Tag this Judgment!
Court : Kerala
Reported in : 8STT33; (2007)7VST323(Ker)
..... area or to fix such rate on any suitable cases as it thought fit. this court noticed that the act was undoubtedly a beneficent measure, as shown by the preamble which stated that the object of the act was to improve the economic and social conditions of peasants and ensure the full and ..... 20. in balaji v. income-tax officer : 43itr393(sc) , the petitioner challenged the provisions of section 16(3)(a)(i) of the income-tax act, 1922 in this court under article 32 of the constitution of india. the petitioner and his wife started a business in partnership and admitted their minor sons ..... the time of legislation.8. another rule of equal importance is that laws relating to economic activities should be viewed with greater latitude than laws touching civil rights such as freedom of speech, religion, etc. it has been said by no less a person than holmes, j. that the legislature ..... made towards tax. to avoid evasion of tax, enactment of such provisions is constitutionally permissible, in view of the decision of the apex court in state of west bengal v. e.i.t.a. india limited : 2scr668 . the decision in rajasthan chemists association : 2006(202)elt217(sc) does not stand in ..... advance is not arbitrary or unreasonable. the impugned provision or circulars do not infringe the right of the petitioners under article 14 or article 19(1)(g) of the constitution of india. the section does not violate any of the constitutional provisions. the petitioners have failed to dislodge the presumption .....Tag this Judgment!
Court : Karnataka
..... word jain is not mentioned in act, 1863 and the preamble provides for mosques or hindu temples; it also contains the phrase "and for other religious uses" which would include all other religious uses including jain basadi which certainly is for religious use. further, while providing for the jurisdiction of the civil court in sec. 2 of that act, it has been stated, within the ..... earlier enactments. though the learned counsel for the petitioner sought to refer to sec.5 of the act, 1951 to contend with regard to the repeal made therein, what is necessary to be noticed is that the repeal made is of act, 1926 i.e., act ii of 1927 and act, 1932, but, under sub-sec. (3) to sec.5, the enactments stated there under which includes ..... excluded from its applicability to only hindu religious institutions and endowments. further, in sec.78 of act, 1997, the sub- sec. (2) thereto wherein the repeal of the enactments is listed, does not include act, 1863. on the other hand, act, 1863 is enlisted in sub-sec.(1) thereto indicating that it will not be applicable to the charitable endowments and hindu religious institutions governed ..... there is no such endowment at all. (emphasis supplied) 16. in addition, the learned counsel for the second respondent has sought to demonstrate that the act, 1863 was not repealed in so far as jain religious institutions even by subsequent enactments by referring to sec. 1(2), its explanation, sec.2 and sec.5(3) of the madras hindu religious and charitable endowments .....Tag this Judgment!
Court : US Supreme Court
..... idea of what constitutes a pattern as that suggested by amici here. it is argued, nonetheless, that congress' purpose in enacting rico, as revealed in the act's title, in occa's preamble, 84 stat. 923 (congress seeking "the eradication of organized crime in the united states"), and in the legislative history, was to combat organized crime; and ..... any person alleged to have participated in an organized criminal activity." 84 stat. 933, note preceding 18 u.s.c. 3481 page 492 u. s. 245 (since repealed). and title vi permitted the deposition of a witness to preserve testimony for a legal proceeding, upon motion by the attorney general certifying that "the legal proceeding is against ..... consisting in a circumscribed set of illegal activities, such as gambling and prostitution -- a view expressed in the definition included in the omnibus crime control and safe streets act and repeated in the occa preamble -- was no longer satisfactory, because criminal activity had expanded into legitimate enterprises. see united states v. turkette, 452 u.s. at 452 u. s. ..... 1962. "racketeering activity" means "any act or threat involving" specified state law crimes, any "act" indictable under specified federal statutes, and certain federal "offenses." 1961(1). a "pattern" requires "at least two acts of racketeering activity" within a 10-year period. 1961(5). petitioners, customers of respondent northwestern bell, filed a civil action in the district court against northwestern bell and other respondents, .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 53CompCas269(AP)
..... 110e provides for the recovery of money from insurer as arrear of land revenue.76. section 110f provides for a bar on the jurisdiction of civil courts with respect to any question relating to any claim for compensation which can be adjudicated upon by the claims tribunal.77. rule 514 describes ..... in ravulu subba rao v. cit : 30itr163(sc) , justice venkatarama ayyar, speaking for the supreme court observed, referring to the indian i.t. act, 1922 (p. 169 of 30 itr):'the act is, as stated in the preamble, one to consolidate and amend the law relating to income-tax.'52. after referring to the rule of construction ..... the govt. of india act, 1935, together with all enactments amending or supplementing it ..... act, 1935, with respect to, among other things, the following matters, enumerated, 'the concurrent legislative list' in sch vii to that act.1. government of india act, 19352. constitution of india.'20 mechanically propelled vehicles ;14. actionable wrongs......... (1) criminal law.........(2) criminal procedure.........(4) civil procedure.........(5) evidence and oaths......... 41. the constitution of india, by article 395, repealed .....Tag this Judgment!
Court : Allahabad
Reported in : 2001(4)AWC3149; (2001)3UPLBEC2530
..... for that purpose the state government while issuing g. o. dated 24.4.1990 in exercise of its power under section 126 of u. p. act no 1 of 1951 would have intended to provide a different forum [civil court) for resolution of disputes about legality or otherwise of a lease of fisheries granted under paragraph 60 (2) (kha). it is further held that ..... of man singh (supra) holding the order passed by collector revisable under sections 333 and 333a of u. p. act no. 1 of 1951 but jurisdiction of civil court to cancel leases in title suit was repelled. in support of his aforesaid conclusion that the civil court has no jurisdiction to cancel fishery leases granted under paragraph 60 (2) (kha) of gaon sabha manual he ..... 23. it is also imbibed that while judging the reasonableness of the restrictions imposed under article 19 of the constitution, the courts are to strike a balance between the directive principles of state policy and the social control envisaged under preamble of the constitution. it is further to be imbibed that article 14 forbids hostile discrimination and not reasonable classification. equality before ..... weaker section of society from exploitation as the directive principles embodied the ideal of socio economic justice as assured in the preamble of the constitution and the courts are to adopt the principle of harmonious interpretation of articles 14 and 19(1)(g) of the constitution so as to give effect to the fundamental rights as well as directive principles of state policy .....Tag this Judgment!