Court : Kolkata
Decided on : Jul-08-1899
Reported in : (1900)ILR27Cal336
..... which belonged to the appellants before the diluviation. according to the practice of the indian courts in such cases from a very early period a commission was issued under the provisions of the civil procedure code to the civil court amin to make a local investigation and to report thereon to the court. he began his proceedings on the 21st december 1892, and on the 27th may 1893 ..... evidence on the part of the plaintiffs to entitle them to recover possession of the land, and they will humbly advise her majesty to reverse the decrees of the high court and to order the appeals to it to be dismissed with costs, thereby affirming the decrees of the subordinate judge. the respondents will pay the costs of the present appeals ..... found such faults in course of several investigations.' in conclusion he says, 'in places where the thak and survey map do not agree with each other it is proper to act according to the survey, and specially, as in this case, the survey map corresponds with the locality, i determined the boundary line according to the survey and, having plotted the ..... the instigation of the appellants and driven off the newly formed lands, the respondents brought a suit under the specific relief act to recover possession and obtained a decree under which they were in april 1892 put in possession by the court of the whole of the newly formed lands. thereupon the present suits were brought and were tried together.3. in .....Tag this Judgment!
Court : US Supreme Court
Decided on : Feb-20-1899
..... in question which suggests that it was enacted with the purpose to regulate interstate commerce or with any other purpose than to prescribe a rule of civil duty for all who on the sabbath day are within the territorial jurisdiction of the state." if, as has often been said, christianity is ..... who should bring into that state any cattle liable or capable of communicating "texas or splenetic fever" to any domestic cattle of kansas to a civil action for damages. in such an action, it was contended on behalf of the defendant that the kansas statutes were an interference with the freedom ..... legislation as well as with it. by refraining from action, congress in effect adopts as its own regulations those which the common law, or the civil law where that prevails, has provided page 173 u. s. 313 for the government of each business, and those which the states, in the regulation ..... cover the field occupied by those engaged in such commerce. the statute of georgia is not directed against interstate commerce. it establishes a rule of civil conduct applicable alike to all freight trains, domestic as well as interstate. it applies to the transportation of interstate freight the same rule precisely that ..... other constitutional provision or destructive of some right secured by the fundamental law, are to be respected in the courts of the union until they are superseded and displaced by some act of congress passed in execution of the power granted to it by the constitution. local laws of the character .....Tag this Judgment!
Court : US Supreme Court
Decided on : Dec-11-1899
..... the disposition of the case of frelinghuysen v. key, it was sufficient that it appeared that diplomatic negotiations were pending, which, as the court demonstrated, the act of 1878 in no manner circumscribed, it does not follow that the political department of the government lost its control because those negotiations failed. ..... asked the intervention of the united states, it did so on the condition imposed by the principles of comity recognized by all civilized nations, that it would act in entire good faith, and not put the government whose aid it sought in the attitude of asserting against the mexican republic ..... 1866, no statement is made which even by inference showed that any difficulties were in his way that had their origin in the acts or conduct of the public, civil, or military authorities of mexico. on the contrary, one letter shows that he obtained military protection for the mill transported from mazatlan ..... to the mines, and another one that he had pleasant relations with the civil and military authorities of the locality. looking next at the reports of de lagnel, the second superintendent, we find a letter of july 6, ..... a page 175 u. s. 463 mode for the settlement of disputes between sovereign states that is now more than ever before approved by civilized nations. we might well doubt the soundness of any conclusion that could be regarded as weakening or tending to weaken the force that should .....Tag this Judgment!
Court : US Supreme Court
Decided on : May-16-1899
..... "provided that no one of said judges shall sit in the hearing of any case in said appellate court which was decided by him." by this act of june 7, 1897, it was also provided: "that the commission appointed to negotiate with the five civilized tribes in the indian territory shall examine and report to congress whether the mississippi choctaws under their treaties ..... in the indian territory, and the limitation applies to both classes of cases mentioned in the opinion of the court, viz.: (1) citizenship cases; (2) cases between either of the five civilized tribes and the united states. the distribution of jurisdiction made by the act of march 3, 1891, c. 517, is to be observed in these cases; but the whole case is ..... court shall be transferred to the united states court in said territory by filing with the clerk of the court the original papers in the suit ..... , eighteen hundred and ninety eight, all tribal courts in indian territory shall be abolished and no officer of said courts shall thereafter have any authority whatever to do or perform any act theretofore page 174 u. s. 466 authorized by any law in connection with said courts, or to receive any pay for same, and all civil and criminal causes then pending in any such .....Tag this Judgment!
Court : US Supreme Court
Decided on : May-01-1899
..... is no less an irregularity than in the cases cited." and again on page 536, in speaking of the invalidity of the act of 1890, the court said: "had the act never been passed, and the same method for annexation been adopted, with the same conditions as to recognition, acquiescence, delays, and ..... 179 interests by overturning an authority that had lasted four years, and which had been initiated under color and by reason of an act of the legislature. the court in truth decided that the legality of the city organization could not be inquired into, even in a direct proceeding brought by ..... moines and the board of public works are themselves exercising the functions of government over the town territory. after the court in the quo warranto case had determined that the act was local legislation and of that class prohibited by the constitution, and therefore void, the opinion therein continues as follows ..... levy assessments, and to exercise the power of taxation, and to perform all the other functions of municipal government under that act. that the suit herein is one of a civil nature, arising under the laws and constitution of the united states, and the suit in controversy page 174 u. s. ..... of the court. the jurisdiction of the circuit court depends upon the act approved august 13, 1888, 25 stat. 433, a part of which reads as follows: "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 .....Tag this Judgment!
Court : Kolkata
Decided on : Jun-14-1899
Reported in : (1899)ILR26Cal852
..... i am going to report your conduct to the chief presidency magistrate; you should not be allowed, dishonest fellow as you are, to practise in this court any longer.' it is unnecessary to pursue the incident further, though it does appear that mr. mitter afterwards in according pardon to the petitioner when ..... in view of the adverse opinion which had been expressed by the court, that he considered it his duty to call the complainant's wife as a witness, where upon mr. mitter addressed the petitioner as follows: ..... should be prosecuted under section 211 of the penal code, and mr. mitter then asked the petitioner whether he had anything to submit to the court on this question. after this some discussion took place as to the calling of further evidence on behalf of the prosecution, and the petitioner stated, ..... of which mr. n.n. mitter was chairman. when the examination of the complainant and of the witnesses for the prosecution who were present in court had been concluded, mr. mitter intimated to the petitioner that he and his colleagues were agreed in thinking that the case ought to be dismissed, ..... substantially. west, j., in delivering the judgment of the court said: 'we are of opinion that the scope of section 466 extends to all acts ostensibly done by a public servant, i.e., to acts which could have no special signification except as acts done by a public servant.' it may be remarked that .....Tag this Judgment!
Court : US Supreme Court
Decided on : Feb-27-1899
..... the head of department. a contrary construction would lay the foundation for extra compensation to district attorneys in almost every case in which they appear in civil actions in which the united states are concerned." 7 op. 84, 86. at a later date, may 25, 1858, attorney general black had ..... the suit concerns immediately the business of the navy department, and has been the subject of instructions from the secretary of the navy. all the civil business of the government concerns some one of its departments, and may require the attention of its head. it cannot be that a suit in ..... united states, 66 f. 531, 532, it was held that, as it is the duty of a district attorney to prosecute in his district all civil actions in which the united states are concerned, he is not entitled to extra compensation for conducting a suit to recover pension money fraudulently secured. the controlling ..... of every district attorney to prosecute in his district all delinquents for crimes and offenses cognizable under the authority of the united states, and all civil actions in which the united states are concerned, and, unless otherwise instructed by the secretary of the treasury, to appear in behalf of the defendants ..... . it also established for district attorneys a fee for each day "of his necessary attendance in a court of the united states on the business of the united states." the provisions of the act of 1853 have been preserved in chapter sixteen of title xiii of the revised statutes. after referring to .....Tag this Judgment!
Court : Kolkata
Decided on : Apr-25-1899
Reported in : (1899)ILR26Cal842
..... on section 144 of the bengal tenancy act, where it is provided, 'the cause of action in all suits between landlord and tenant as such shall, for the purposes of the code of civil procedure, be deemed to have arisen within the local limits of the jurisdiction of the civil court which would have jurisdiction to entertain a ..... suit between landlord and tenant as such.4. but in our opinion there is nothing in section 144 of the bengal tenancy act which overrides or tends to override the provisions of the code of civil procedure to which we have referred. all that section 144 does is to determine the venue, but it has no bearing ..... hearing of this appeal. it is contended that the suit is a suit of the nature cognizable by a court of small causes, and that by virtue of the provisions of section 586 of the code of civil procedure a second appeal is barred.2. in answer to this objection reliance is placed by the learned ..... between landlord and tenant as such must be treated as a suit not in its nature cognizable by a court of small causes.3. the suit is brought under the provisions of section 75 of the bengal tenancy act for the recovery of the sum of rs. 113-15 annas, which the plaintiff', the tenant of the ..... that this is a suit which would ordinarily be regarded as in its nature cognizable by a court of small causes we think there can be no doubt, and there being nothing in section 144 of the bengal tenancy act to lead us to qualify that view in any respect, we think the suit is within the .....Tag this Judgment!
Court : Chennai
Decided on : Nov-06-1899
Reported in : (1900)10MLJ86
..... with regard to the averments of the parties. 2. but the second issue, which was whether the suit was cognizable by a civil court was alone dealt with and the suit, in so far as we are here concerned, dismissed on the ground that it was not cognizable by the ..... seems to have any real bearing on the present question. it is unnecessary to make any comments except perhaps with reference to one of them, viz., sayed amin sahib v. ibrahim sahib (1868) 4 m.h.c.r. 112 on which the learned vakil for the defendant repeatedly relied. the only point decided there ..... that such a departure on the part of a trustee amounts to a breach of legal duty incumbent on him is the ground on which the court exercises jurisdiction over him. therefore the decisions cited for the defend ant dealing with the withholding of mere honors and courtesies have no application to cases ..... doing so. a fortiori, would he be guilty had it been usual to celebrate them with the aid of voluntary contributions. and of course the courts are bound to restrain a trustee from injuring the interest's of the institution under his charge by corruptly, arbitrarily or wantonly departing from the ordinary ..... it is perfectly competent to the courts to adjudicate upon such questions also when the adjudication is necessary for the determination of civil rights. nor as contended for the defendant does the fact that the present suit is brought under the special provisions of section 14 of the religious endowments act affect the point. there is .....Tag this Judgment!
Court : Kolkata
Decided on : Jun-30-1899
Reported in : (1899)ILR26Cal950
..... the authorities which i have noticed, i must hold that the present suit is not barred by the provisions of section 317 of the code of civil procedure.14. the decree of the lower appellate court is set aside and the appeal is remanded for disposal on the merits. costs will abide the result.macpherson, j.15. i agree. in the case ..... defence was that the suit was not maintainable in view of the provisions of section 317 of the code of civil procedure. the court of first instance held that the suit was maintainable and decreed the plaintiff's claim, but the lower appellate court, taking the contrary view, dismissed the plaintiff's claim, and hence she has preferred the present second appeal.3 ..... is applicable to the present case, though the provision of law with which, it dealt was not section 317 of the code of civil procedure, but an analogous provision in the revenue sale law, namely, section 36 of act xi of 1859. it was held by a majority of two to one of the judges who constituted the bench which tried that ..... the court of first instance the precise point now in question was not before their lordships of the privy council for decision. the question in that case was whether the fact of a plaintiff's title being certified as auction-purchaser was conclusive by section 260 of act viii of 1859 (which corresponded to section 317 of the present code of civil procedure .....Tag this Judgment!