Court : Kolkata
Decided on : May-08-1991
Reported in : 1991CriLJ2912,95CWN688
..... has got to be accepted. (see, for example, kali ram v. state, air 1973 sc 2773 : (1973 cri lj 1) paragraph 25). but in a similar situation in a civil proceeding, the court is free to accept any of the two possible views, which according to it is more reasonable or probable. all that is meant by the rule that the guilt ..... that sitting in revisional jurisdiction, we are not expected to interfere with the concurrent findings of fact. not that we cannot but that we ordinarily do not. while on the civil side, the court of revision has had all along very limited power of interference confined to jurisdictional questions only, which has been further sought to be circumscribed by the code of ..... not furnished to the accused till charge-sheet is filed. i have also found the so-called presumption to get a severe jolt when section 105 of the evidence act mandates that 'the court shall presume the absence of circumstances' which would bring the case of the accused within the general exceptions provided in chapter iv of the penal code or elsewhere ..... civil procedure (amendment) act of 1976, in the criminal jurisdiction, however, the words 'correctness, legality or propriety of any finding......' are still retained in section 397 of the code of criminal procedure of .....Tag this Judgment!
Court : Karnataka
Decided on : Jan-07-1991
Reported in : AIR1991Kant400; ILR1991KAR2456
..... , such suit may be entertained by the civil court within the period of one year from such commencement.' 8. the contesting respondents herein have contended that they are the persons interested in the institution and ..... sajjada. but the succession to the office is regulated hy the rules governing the succession of guru to mult. even sajjada recognised as guru isexempted from personal appearance in the civil courts. thus the plaintiffs emphasised that from the narration of the custom referred to above, the institution is not exclusively a mohammadan institution but is one belonging to hindus and mohammadans ..... ) do defendants 1 and 3 prove that the said peeta is included in the list of wakfs and that it is a wakf property? (3) do they prove that the civil court has no jurisdiction to try the suit? (4) do they prove that the suit is barred by limitation? (5) do they prove that the ..... by the civil court after the expiry of one year from the date of the publication of the list of wakfs under sub-section (2) of section 5. provided further that in the case of the list of wakfs relating to any part of the state and published or purporting to have been published before the commencement of the wakf (amendment) act, 1969 .....Tag this Judgment!
Court : Delhi
Decided on : Mar-08-1991
Reported in : AIR1992Delhi14; I(1991)DMC585; 1991(20)DRJ353; 1991RLR259
..... not entitled to the relief of their recovery under s. 27 of the act. her remedy lay before the civil courts. neither could an order be based on 0. 7, r. 7 read with s. 15 1, civil p.c.' the aforesaid view was followed by this court in ashok kumar kad v. usha rani kad, fao no. i ..... order regarding property presented at or about the time of the marriage of the pat-ties and belonging jointly to both of them. the court exercising the jurisdiction under the act is powerless to deal with properties exclusively belonging to one or the other spouse'. in the above case the wife who pleaded that the ..... the criminal p.c. and directed the wife to file a civil suit. the hon'ble supreme court observed in para 15.'we are of the opinion that this view of the high court is not legally sustainable because neither of the two acts (hindu marriage act and hindu succession act), referred to above, go to the extent of providing that ..... time of the marriage which belong jointly to both of them.' thereforee, in matters which were contested by the parties before this court, the consistent view is that s. 27 of the act is attracted when the property presented at or about the time of the marriage is alleged to belong jointly to both the spouses. ..... i i of 1983 reported in 1985 mlr 21. the court said (at page 23): 'it is no doubt true that the operation of the provision embodied in s. 27 of the act is confined .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jul-31-1991
Reported in : JT1991(3)SC327; 1991(2)SCALE224; 1991Supp(2)SCC175; 1991(2)LC285(SC)
..... claimed that appeal and revision filed by the mortgagor and mortgagee are pending before appropriate authorities. while these proceedings were going on the mortgagor moved the civil court in 1968 for execution of the decree under restitution act which was allowed by the city judge in september 1972 directing for issuance of warrant of possession. the order was upheld in appeal by the ..... into force/there was thus no question of abatement of the decree for restitution. that is why this objection was never raised before civil courts when the decree was put in execution.6. coming to abolition act it was enacted as is clear from the preamble to provide for the abolition of big estates and their transfer to actual tillers. the legislation was ..... district judge. the second appeal against this order was decided in 1979 by the high court and it was held that civil courts having decided rights of parties the question of possession may now be decided by the collector agrarian reforms act. as directed by the high court the collector agrarian reforms decided the dispute on 21st july, 1980 and held, 'since the ..... mortgagor could not claim any right on it. learned counsel submitted that the orders by civil courts and revenue authorities were thus contrary to provisions of law and liable to be ignored. whether a decree obtained by a tenant mortgagor under restitution act abated on enforcement of abolition act is very doubtful. but it is not necessary to decide it as the submission founded .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Dec-17-1991
Reported in : AIR1992SC1488; JT1991(6)SC480; (1992)2MLJ28(SC); 1991(2)SCALE1398; (1992)1SCC684; Supp3SCR485; 1992(1)LC474(SC)
..... in sub-section (1-a), the said word is used not as a noun but as a verb. the expression 'award is not defined in the act. it is true that the decision of the civil court on a reference under section 18 (whether relating to quantum of compensation or to apportionment thereof) is called an award by section 1 of section 26 ..... sub-section. the opinion expressed is that the expression 'court' as defined in the act means a civil court and that the word 'award' is applicable only to the decision or determination of the collector and civil court, but not to the decision/determination by the high court, or supreme court on appeal. accordingly it is held that the civil court (on reference under section 18) can award the amount ..... dimension of retrospectivity is found in the language of sub-section itself. according to it, the only relevant test is whether the civil court (under section 18) is rendering its decision (award) on or after the commencement of the amendment act--no other circumstance need be noticed. even if the acquisition proceedings have begun and award of the collector made prior to 30 ..... the notification under section 4(1). section 24 enumerates eight factors which the court is forbidden from taking into consideration. the court obliged for the purpose is the principal civil court of original jurisdiction, unless otherwise provided, as per sub-section (d) of section 3 of the act. that such is the court has also been spelled out in union of india and anr. etc. v .....Tag this Judgment!
Court : US Supreme Court
Decided on : Mar-04-1991
..... id. at 382 u. s. 402 . it reasoned that the utter lack of standards subjected acquitted defendants to "arbitrary and discriminatory impositions of costs." ibid. justice black wrote for the court: "the act, without imposing a single condition, limitation or contingency on a jury which has acquitted a defendant, simply says the jurors 'shall determine, by their verdict, whether . . . the ..... state interests. imposed indiscriminately, however, they have a devastating potential for harm. regrettably, common law procedures for awarding punitive damages fall into the latter category. states routinely authorize civil juries to impose punitive damages without providing them any meaningful instructions on how to do so. rarely is a jury told anything more specific than "do what you think ..... by which the government collected debts without providing the debtor notice or an opportunity for hearing. the court noted that the words "due process of law" conveyed the same meaning ..... (1827); 3 j. story, commentaries on the constitution of the united states 661 (1833). this court did not engage in any detailed analysis of the due process clause until murray's lessee v. hoboken land & improvement co., 18 how. 272 (1856). that case involved the validity of a federal statute authorizing the issuance of distress warrants, a mechanism .....Tag this Judgment!
Court : US Supreme Court
Decided on : May-13-1991
..... co. v. moody, 422 u. s. 405 , 422 u. s. 415 (1975). the adea, like title vii of the civil rights act of 1964, authorizes page 500 u. s. 42 courts to award broad, class-based injunctive relief to achieve the purposes of the act. 29 u.s.c. 626(b). because commercial arbitration is typically limited to a specific dispute between the particular ..... his burden of showing that congress, in enacting the adea, intended to preclude arbitration of claims under that act. accordingly, the judgment of the court of appeals is affirmed. page 500 u. s. 36 [ footnote 1 ] 1. compare the decision below with nicholson v. cpc int'l inc., 877 f.2d 221 (ca3 1989). [ footnote 2 ] section 1 of the faa provides that ..... compel arbitration, relying on the agreement in gilmer's registration application and the federal arbitration act (faa). the court denied the motion, based on alexander v. gardner-denver co., 415 u. s. 36 -- which held that an employee's suit under title vii of the civil rights act of 1964 is not foreclosed by the prior submission of his claim to arbitration under the ..... terms of a collective bargaining agreement -- and because it concluded that congress intended to protect adea claimants from a waiver of the judicial forum. the court of appeals reversed. held: an adea claim can be .....Tag this Judgment!
Court : US Supreme Court
Decided on : Nov-13-1991
..... states intervened, charging that state officials had failed to satisfy their obligation under, inter alia, the equal protection clause of the fourteenth amendment and title vi of the civil rights act of 1964 to dismantle the dual system. in an attempt to reach a consensual resolution through voluntary dismantlement, the state board of trustees, in 1981, issued "mission statements ..... to achieve a full dismantlement under the standards we have outlined, however, is a different question, and one that must be addressed on remand. because the district court and the court of appeals failed to consider the state's duties in their proper light, the cases must be remanded. to the extent that the state has not met its ..... " id., at 678. we granted the respective writs of certiorari filed by the united states and the private petitioners. 499 u. s. 958 (1991). iii the district court, the court of appeals, and respondents recognize and acknowledge that the state of mississippi had the constitutional duty to dismantle the dual school system that its laws once mandated. nor is there ..... not prepared for the historically white institutions and that imposing the 15 score requirement on admissions to the historically black institutions would decimate attendance at those universities. the district court also stated that the mission of the regional universities had the more modest function of providing quality undergraduate education. certainly the comprehensive universities are also, among other things, .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jun-27-1991
..... "in the same manner and to the same extent as decisions of the district courts in civil actions tried without a jury." 7482(a). this standard of review contrasts with the standard applied to agency rulemaking by the courts of appeals under 10(e) of the administrative procedure act, 5 u.s.c. 706(2)(a). see motor vehicle mfrs. page 501 ..... involve the exercise of judgment upon law and fact." murray's lessee v. hoboken land & improvement co., 18 how. 272, 59 u. s. 280 (1856). accord, bator, the constitution as architecture: legislative and administrative courts under article iii, 65 ind. l.j. 233, 264-265 (1990). the first patent board, which consisted of thomas jefferson, henry knox, and edmund randolph ..... example, and subpoenaed and examined witnesses, 1114; its findings were reviewed "in the same manner and to the same extent as decisions of the district courts in civil actions tried without a jury," 1141(a). this court continued to treat it as an administrative agency, akin to the federal communications commission (fcc) or the national labor relations board (nlrb). see dobson v ..... reacted to these abuses by lodging the appointment power in the legislature. see, e.g., va. const. (1776) (legislature appoints judges); cf. articles of confederation, art. ix (congress appoints courts and officers of land forces). americans soon learned, however, that, "in a representative republic where the executive magistracy is carefully limited . . . , it is against the enterprising ambition of the .....Tag this Judgment!
Court : US Supreme Court
Decided on : Feb-20-1991
..... see, e.g., monell v. new york city dept. of social services, 436 u. s. 658 , 436 u. s. 690 (1978) ("[a]nalysis of the legislative history of the civil rights act of 1871 compels the conclusion that congress did intend municipalities . . . to be included among those persons to whom 1983 applies" (emphasis in original)); lynch, supra, at 405 u. s. ..... one of the provisions of the constitution." he observed that most of the provisions of the constitution "which restrain and directly relate to the states" had been enforced by the courts without federal legislation, but noted that three provisions limiting state authority -- the extradition clause, the privileges and immunities clause, and the fugitive slave clause -- had been enforced pursuant ..... statutory language, which speaks of deprivations of "any rights, privileges, or immunities secured by the constitution and laws." it is also supported by 1983's legislative history and by this court's decisions, which have rejected attempts to limit the types of constitutional rights that are encompassed within the phrase "rights, privileges, or immunities," see, e.g., lynch v. ..... in other states but operate in nebraska, constituted an unlawful burden on interstate commerce and that respondents were liable under 42 u.s.c. 1983. among other things, the court concluded that the taxes and fees violated the commerce clause and permanently enjoined respondents from assessing, levying, or collecting them; but it dismissed petitioner's 1983 claim. the state .....Tag this Judgment!