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Judgment Search Results Home > Cases Phrase: civil courts amins act 1856 Year: 1895 Page 1 of about 53 results (0.232 seconds)

Jan 17 1895 (PC)

Dhani Ram Shaha Vs. Bhagirath Shaha and ors.

Court : Kolkata

Decided on : Jan-17-1895

Reported in : (1895)ILR22Cal692

..... asked that the accounts of the business might be adjusted, and that the plaintiffs might recover the sums found due to them. the munsif deputed the civil court amin to examine the accounts of the firm and to submit a report. this was done, and in each suit the munsif found what was due ..... no. 15 and others, to which all the partners in the business were parties, the accounts were adjusted by the civil court amin, and the debts and dues of all the partners were determined by the court as mentioned in schedule ii; (3) that, according to the said accounts, a sum is due to each plaintiff ..... the pro forma defendants, against the plaintiff, and the remaining defendants, in which the accounts were adjusted by the civil court amin, and the debts and dues of all the partners were determined by the court as mentioned in schedule ii of the plaint; and that, according to the said accounts, a sum of 233 ..... the defendant no. 15 and others, to which all the partners were parties, the accounts were adjusted by the civil court amin, and the debts and dues of all the partners were determined by the court accordingly, as mentioned in schedule ii.' 3. according to the said accounts a sum of 233 rupees 11 annas ..... 263 of the contract act. it is also open to question whether a suit for an account would lie. in the former suit, to which all the partners were parties, it was proved that a nikas was effected through the creditors of the parties; that nikas was examined by the civil court amin, who prepared an .....

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Jan 21 1895 (FN)

Sparf and Hansen Vs. United States

Court : US Supreme Court

Decided on : Jan-21-1895

..... , that when the constitution of the united states was founded, it was a settled rule of the common law that, in criminal as well as in civil cases, the court decided the law, and the jury the facts, and it cannot be doubted that this must have an important effect in determining what is meant by the ..... it furnishes the answer to this question to what extent the jury adjudicate the law, and it is that they receive authoritative directions from the court, and act in conformity with them, though by their verdict they thus embrace the law with the fact, which they may rightfully adjudicate." alluding to the history ..... by a general verdict, of necessity determined in the particular case both law and fact, as compounded in the issue submitted to them. that act provides that "the court or judge, before whom such indictment or information shall be tried, shall, according to their or his discretion, give their or his opinion and ..... a single judge, perhaps only a district judge, and if so convicted and sentenced, there was no way in which the judge's rulings could be reviewed by this court. act april 29, 1802, c. 31, 6, 2 stat. 159; rev.stat. 651, 697; united states v. more, 3 cranch 159, 7 u. s. ..... ; mcdaniel v. state (1860), 30 ga. 853; state v. jones (1843), 5 ala. 666; bostwick v. gasquet (1836), 10 la. 80; state v. scott (1856), 11 la.ann. 429; state v. jurche (1865) 17 la.ann. 71. the ordinance of the continental congress of 1787 for the government of the northwest territory provided that .....

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Dec 16 1895 (PC)

Kamalakshi Vs. Ramasami Chetti

Court : Chennai

Decided on : Dec-16-1895

Reported in : (1896)ILR19Mad127

..... unlawful agreements are rendered unactionable, it is difficult to understand how violations of public law known as crimes are to be treated differently. the object of the legislature in preventing civil courts from entertaining suits in the former class of cases can only be to discourage as much as possible such transgressions. and, as it would be absurd to suppose that the ..... co. 3 de gex m. & g. 924 where lord justice knight bruce, when dealing with the question of specific performance of agreements for personal service, said that before the court can act in the exercise of its peculiar jurisdiction to enforce specific performance of an agreement, it must be satisfied that the agreement is one ascribable to a class in which the ..... authorized to do so by the order of remand. in support of this objection, reference was made to section 562, code of civil procedure, but that section relates only to cases which are remanded by an appellate court to court of first instance for trial upon the merits and implies that additional evidence is to be taken if necessary. hence it is in ..... the courts cannot recognize as against the temple trustee rights claimed as arising from a criminal act.22. i concur, therefore, in the order proposed by my learned colleague.23. it has been further contended on behalf of respondent that the suit being brought by plaintiff when a minor without a next friend was opposed to section 440 of the code of civil .....

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Jan 28 1895 (PC)

Jaga Singh Vs. Chooa Singh

Court : Kolkata

Decided on : Jan-28-1895

Reported in : (1895)ILR22Cal480

..... far as we can gather are two: first, that having regard to the provisions of section 70, clause 5, of the bengal tenancy act, this suit is not maintainable in the civil court; and, secondly, that there is no privity as between the plaintiff and the defendants, and the plaintiff has no cause of action against ..... is emphasized by the last portion of clause 5. in this view of the matter, we think that when a plaintiff seeks relief in the civil court, not against his tenant, but against a third party, a depositary or bailee, it is not barred by anything contained in sections 69 and 70 ..... executed and delivered to the amin. that receipt runs thus: 'we herewith take in deposit 427 maunds 39 1/2 seers of paddy, which is the share of jaga singh, ticcadar ..... his share thereof. upon that, on the 11th january 1887, the collector ordered the crops to be deposited with two independent persons,. and- accordingly the amin deposited them with the. defendants, chooa singh and jhummon singh, who became depositaries of the plaintiff's share of the crops under a receipt which they ..... sections 69 and 70 of the bengal tenancy act for the appraisement and division of certain crops raised by a certain tenant. it appears that under the orders of the collector an amin was deputed for this purpose; and, on the 6th january 1887, the amin reported that he had made a division of .....

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Jan 21 1895 (FN)

United States Vs. E. C. Knight Co.

Court : US Supreme Court

Decided on : Jan-21-1895

..... who shall be injured in his business or property by any other person or corporation by reason of anything forbidden or declared to be unlawful by this act may sue therefor in any circuit court of the united states in the district in which the defendant resides or is found, without respect to the amount in controversy, and shall recover threefold ..... be accomplished. congress, in the exercise of its discretion as to choice of means conducive to an end to which it was competent, determined to reach that end through civil proceedings, instituted to prevent or restrain these obnoxious combinations in their attempts to burden interstate commerce by obstructions that interfere in advance of transportation with the free course of trade ..... it would seem to follow necessarily that congress could enact a statute forbidding such combinations so far as they affected interstate commerce, and provide for their suppression as well through civil proceedings instituted for that purpose as by penalties against those engaged in them. page 156 u. s. 39 in committing to congress the control of commerce with foreign nations ..... appear underwent a change, the extent of which must be determined by a fair consideration of the instrument by which that change was effected. . . . what do gentlemen mean," the court inquired, "by a strict construction? if they contend only against that enlarged construction which would extend words beyond their natural and obvious import, one might question the application of the .....

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Apr 22 1895 (FN)

Koenigsberger Vs. Richmond Silver Mining Co.

Court : US Supreme Court

Decided on : Apr-22-1895

..... , cause or proceeding now pending or that prior to the admission of any of the states mentioned in this act shall be pending in any territorial court in any of the territories mentioned in this act shall abate by the admission of any such state into the union, but the same shall be transferred and ..... to proceed with the same, and award mesne or final process therein, and that from all judgments and decrees of the supreme court of either of the territories mentioned in this act, in any case arising within the limits of any of the proposed states prior to admission, the parties to such judgment shall ..... of the defendant, upon the admission of the state of south dakota into the union, to the circuit court of the united states. this construction of the act is in accord with all the reported decisions in the courts, federal or state, held within the eighth circuit. dorne v. richmond co., 1 s.d. 20 ..... 260, 220 argued april 4-5, 1895 decided april 22, 1895 158 u.s. 41 error to the circuit court of the united states for the district of south dakota syllabus under the act of february 22, 1889, c. 180, for the division of the territory of dakota into two states and for the ..... proceeded with in the proper united states circuit, district, or state court, as the case may be: provided, however, that in all civil actions, causes .....

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Mar 18 1895 (FN)

Mexican National R. Co. Vs. Davidson

Court : US Supreme Court

Decided on : Mar-18-1895

..... a controversy between citizens of different states, in which the matter in dispute exceeds, exclusive of interest and costs, the sum or value aforesaid, . . . and no civil suit shall be brought before either of said courts against any person by any original process or proceeding in any other district than that whereof he is an inhabitant, but where the jurisdiction is founded ..... its other stipulations was a suit to recover the contents of a chose in action, and not maintainable, under section 11 of the act of 1789, as reenacted in section 629 of the revised statutes, in the circuit court by an assignee if it could not have been prosecuted by the assignor had no assignment been made. and this was reaffirmed in ..... trial, and no such question was referred to in the findings or opinion of the circuit court. the portions of sections one and two of the act of march 3, 1887, as corrected by the act of august 13, 1888, defining the jurisdiction of district and circuit courts of the united states, bearing upon the questions involved, are as follows: "sec. 1. that the ..... circuit courts of the united states shall have original cognizance, concurrent with the courts of the several states, of all suits of a civil nature at common law or in .....

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Mar 27 1895 (PC)

Paloor Rajam Chetti Vs. C. Seshiah and ors.

Court : Chennai

Decided on : Mar-27-1895

Reported in : (1895)5MLJ114

..... 15. that act gives power to the high court to make and issue general rules for regulating the practice and proceedings of such courts, provided that such rules be not inconsistent with the provisions of any law. section 652 of the civil procedure code gives the high court power to make rules consistent with the. code to regulate any matter connected with the procedure of civil courts subject to ..... also by the 652nd section of the code of civil procedure. by of the presidency small cause courts act the small cause court is declared to be a court subject to the superintendence of the high court within the meaning of the civil procedure code. it is further declared that the high court may exercise in respect of the small cause court the same powers as it has under section 15 ..... not empowered under it to make the declaration in question.16. it is next contended that since of act xv of 1882 makes the presidency small cause court subject to the superintendence of the high court within the meaning of section 652 of the civil procedure code, and the statute 2,4 and 25 vic, ch. 104,5, the declaration in question is valid. no doubt ..... section only provides (1) that the registrar of the small cause court may do any non-judicial or quasi-judicial act which the court itself is empowered to do under any of the sections of the code of civil procedure extended to the small cause court by act xv of 1882, (2) that the high court may by rule declare what shall be deemed ,to be non .....

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Dec 28 1895 (FN)

United States Vs. Sayward

Court : US Supreme Court

Decided on : Dec-28-1895

..... of jurisdiction as the only question to be determined upon the present writ of error. by the judiciary act of 1789, it was provided that "the circuit courts shall have original cognizance, concurrent with the courts of the several states, of all suits of a civil nature at common law or in equity, where the matter in dispute exceeds, exclusive of costs, the sum ..... transposition or change of words, having due regard to substance, the first section of the act of 1888, if subdivided, would read as follows: "the circuit courts of the united states shall have original cognizance, concurrent with the courts of the several states, of all suits of a civil nature at common law or in equity -- first. where the matter in dispute exceeds, exclusive ..... without jurisdiction. the demurrer was sustained, and the cause was dismissed, the circuit court holding, upon the authority of united states v. huffmaster, 35 f. 81, 83, that the acts of congress defining the jurisdiction of the circuit courts of the united states deprive those courts of jurisdiction in civil suits where the amount involved was less than $2,000, exclusive of interest and costs ..... 1888, 25 stat. 433, c. 866, amends the first section of the act of 1875 and provides that "the circuit courts of the united states shall have original cognizance, concurrent with the courts of the several states, of all suits of a civil nature at common law or in equity, where the matter in dispute exceeds, exclusive of interest and costs, the sum or .....

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Nov 18 1895 (FN)

BucklIn Vs. United States

Court : US Supreme Court

Decided on : Nov-18-1895

..... the review is confined to questions of law, properly presented. page 159 u. s. 681 the case is stated in the opinion. mr. justice harlan delivered the opinion of the court. the appellant, bucklin, was convicted of the crime of perjury, under 5392 of the revised statutes, and sentenced to imprisonment at hard labor in the penitentiary for the term of ..... present appeal. the appeal must be dismissed. by section five of the act of march 3, 1891, 26 stat. 826, c. 517, "appeals or writs of error may be taken from the district courts or from the existing circuit courts" of the united states directly to this court, in certain enumerated cases, civil and criminal -- among others, "in cases of conviction of a capital or ..... otherwise infamous crime." there was no purpose by that act to abolish the general distinction at common law between an appeal and ..... a writ of error. the final judgment of a court of the united states in a case of .....

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