Court : US Supreme Court
..... the masonry, we arrive at these results as to the work done by the claimants: they made the coffer dam at davenport abutment; that at pier 1; part of that at pier 2 (it being completed by the defendants); all but the inside dam of that at pier 4; one-third of that at ..... loss of profits incurred by the unlawful reduction of the dimensions of the piers and abutments, $33,600," and that, in its conclusions of law in the suit at law, the court of claims held that the claimants were not entitled to any recovery under item 3. moreover, that court allowed the $13,743 ..... masonry. it held that as the claimants had been notified at the outset that the defendants expected them to do such work, and had on their part notified the defendants that they would do it and would hold the defendants liable for the cost and expense, it was their duty to keep and ..... august 30, 1876, under the special act of congress passed august 14, 1876, c. 279, 19 stat. 490. this dismissal involved the rejection of two items sued for in such petition: (1) labor done and materials furnished by the claimants in constructing the coffer dams, and in performing the work necessarily connected therewith and preliminary to the masonry ..... referred to, as a part of item 5, as amended (above quoted), for doing to the stone in question everything but setting it, it being undressed stone; .....Tag this Judgment!
Court : Kolkata
Reported in : 53Ind.Cas.147
..... the first five paragraphs of part i of mr. muddiman's book on 'the law of extradition from and to british india.' it is as follows:---a foreign state as defined by the indian extradition act means a state to which for the time being, the extradition acts 1870 and 1873 apply those acts may be made applicable, ..... with chandernagore are governed by the treaty of 185, the subject has a right at common law to a preliminary enquiry before surrender. i think this view is fallacious. extradition under any condition is an invasion of the common law right, and when there is a treaty, followed by a statute recognising the treaty, the ..... possessions from the scope of section 9. it is true that the article has none of the detail to be found in the treaty of 1876, but that i have no doubts is to be explained by the fact that the two governments did not intend the procedure to be elaborate; the words are ..... in accordance with mr. muddiman's view, that the effect of that clause is to place the french possessions in british india entirely outside the-treaty of 1876. the same view is expressed by sir francis piggot at page 187 of his work on extradition, where he says: in the treaty with france, the ..... to the surrender to such state of any fugitive criminals. such an arrangement was made with france by the treaty of 1876, and an order of council, dated may 16tb, 1878, made the extradition acts applicable to france. france is, therefore, a foreign state. but it is argued that the east indian possessions of .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1914Bom238; (1914)16BOMLR746
..... his interest in immoveable property held by the defendant, and therefore article 13 of the schedule of the small cause courts act applies, and this was a suit not cognizable by a court of small causes. we, therefore, overrule the preliminary objection.2. the defendant does not contest the right of the plaintiff to payment of his dues as superior holder, but ..... court which allowed the set-off claimed by the defendant. the plaintiff is entitled to rs. 41-4-10 (rs. 39-6-8, the amount of his claim, plus rs. 1-14-2, the amount of costs incurred in the revenue court), with further interest upon rs. 41-4-10. we do not think that he is entitled to his costs ..... his interest in immoveable property. now the sums payable by an inferior holder to a superior holder in the bombay presidency are in another act of the imperial legislature characterised as dues (see revenue jurisdiction act x of 1876, section 5, clause (c)). the moneys claimed, therefore, in this suit may appropriately be described as dues payable to the plaintiff by reason of ..... appeal will lie. the question is whether it is cognizable by a court of small causes. we have been referred on the part of the appellant, to article 13 of schedule ii of the provincial small cause courts act ix of 1887 which excepts from the cognizance of a court of small causes a suit to enforce payment of dues when the .....Tag this Judgment!
Court : Chennai
Reported in : AIR1939Mad172; (1938)2MLJ886
..... an application to a judge at chambers for directions involves the trial of such a preliminary question as whether in a case like this, on the true construction of such an enactment as section 7 of the conveyancing and law of property act, 1881, a claim for indemnity arises, that alone is a sufficient ground for ..... action. if therefore rajarama sastri would, according to dictum of jessel, m.r., in swansea shipping co. v. duncan (1876) 1 q.b. 644 be a proper party to be cited to take part in the litigation between the plaintiff and the 1st defendant, and if the question of liability of rajarama sastri to the ..... be more a measure of damages. the object of the third party notice as observed by jessel, m.r., in swansea shipping co. v. duncan (1876) 1 q.b. 644 is this:the object of these enactments was to prevent the same question being tried twice over, where there is any substantial question common ..... and rajarama sastri and in which all alike are interested, and therefore rajarama sastri would be a person who will have to be cited to take part in the present litigation for the purpose of binding him by the decision on the question and preventing the possibility of any conflicting decisions in an ..... 1st defendant on the covenant for indemnity can be postponed till the trial of the action, i do not see any objection to allowing the .....Tag this Judgment!
Court : Privy Council
..... mundka by right of pre-emption. three questions were debated before their lordships. viz., : (1) whether the transaction was of such a nature as would fall within the provisions of ch. 2 of the oudh laws act 18 of 1876, whereby a right of pre-emption would vest in the appellant ; (2) whether, assuming the ..... that a deed of hiba-bil-ewaz according to its terms may either fall or not fall within the pre-emption provisions of the oudh laws act. accordingly, the only fact which the appellant, on his construction of the deed of gift can claim to have been concealed from him ..... on the first and second questions. a short description of some of the circumstances giving rise to these questions is a necessary preliminary to decision of the third question. respondent 1, lala parsotam das, is a hindu money-lender in lucknow, and about 1916 became acquainted with all haider, a mahomedan, ..... haider was under obligation to repay them-that obligation being satisfied by the deed of gift-and that the further advance in head (c) was part of the consideration for that deed. the contention of the appellant was that the transaction was in substance one of sale of the village for rs ..... who was then resident in lucknow. in august 1918, all haider became entitled by the death of a lady called taiba begam to certain property in the bahraich district, of which the village mundka formed part .....Tag this Judgment!
Court : Kolkata
Reported in : (1883)ILR9Cal133
..... injunction against the defendant. that he got, but, besides that, the plaintiffs claimed a considerable sum, nearly rs. 2,000, as damages; and that part of the claim was dismissed. the order of the court below was not, as the appellant appears to imagine, that he should pay costs to the ..... with costs of suit in proportion. the defendant appealed to the district judge and took the same grounds,-viz., that the suit is bad in law as having been brought in the wrong court, and without the necessary sanction. he did not very clearly take the objection that this property did not ..... and they asked for the costs of their suit.2. the defendant took various preliminary objections to the suit. he urged that the plaintiffs had not dismissed him, and that they were not competent to dismiss him under act xx of 1863 except by a suit. he denied the alleged misappropriations and mismanagement; ..... that he became incompetent for the discharge of his duties and mismanaged affairs; and that, consequently, the committee dismissed him from office on the 15th november 1876. notwithstanding his dismissal, the plaintiffs say, that the defendant continued exercising the same rights and enjoying the same perquisites, and so forth that he had during ..... the property of the idol, and in short not to interfere in any way. they also ask for a decree for the sum of rs. 1,882-9-6, which was the estimated loss sustained by the idol in consequence of the defendant's improper exercise of authority subsequent to his dismissal .....Tag this Judgment!
Court : US Supreme Court
..... rather strictly. p. 327 u. s. 539 . 3. the jurisdiction of the court of claims to hear and determine counterclaims is in no way dependent upon the preliminary intra-governmental steps which precede court action -- such as directions issued by the general accounting office to the treasury. p. 327 u. s. 538 . 103 ct ..... immunity nor priority. its right to counterclaim rests on different principles, one of which was graphically expressed by the sponsors of the act of which section 250(2) is a part: it is "as much the duty of the citizen to pay the government as it is the duty of the government to pay ..... against the government in said court." the petitioner challenged the jurisdiction of the court of claims to hear and determine the counterclaim on these two grounds: (1) the comptroller exceeded his authority in directing the treasury to pay the tax refund to the rfc instead of to the petitioner; (2) the rfc should ..... the rfc "to partially liquidate" petitioner's indebtedness to that governmental agency. as page 327 u. s. 538 authorized by 28 u.s.c. 250(1), the petitioner then brought suit against the government for the tax refund in the court of claims. the government filed a counterclaim for the $5,963.51 ..... inc. v. united states no. 187 argued december 14, 1945 decided march 25, 1946 327 u.s. 536 certiorari to the court of claims syllabus 1. under 28 u.s.c. 250(2), giving the court of claims jurisdiction to hear and determine "all set-offs, counterclaims . . . or other demands whatsoever on .....Tag this Judgment!
Court : Himachal Pradesh
Reported in : 1995CriLJ2517
..... ; (ii) that though sub-divisional judicial magistrate, ist class was empowered to take cognizance of the case, but he could not act on the preliminary evidence recorded by a judicial magistrate, who neither had jurisdiction to entertain the case nor to take cognizance thereof. reliance has been placed ..... those persons. in those circumstances, it was observed that the magistrate could not be said to have exceeded the powers vested in him under law. thus, the fact are distinct and distinguishable from that of the instant case. 18. as regards the quashing of the entire proceedings, ..... in that case, the trial magistrate during the regime of kutch state used to take cognizance of offences. however, with the application of laws to the merged state of kutch, code of criminal procedure was applied and by a subsequent notification issued by chief commissioner on 14-11 ..... , provided they are committed erroneously in good faith and further that they should not cause a prejudice to the accused.15. in the instant case, there is no dispute that as per schedu!e-i relating to classification of offence annexed ..... i) erroneously in good faith does that thing, his proceedings shall not be set aside merely on the , ground of his not being so empowered.' 14. section 460 of the code corresponds to old section 529 with some verbal alterations with practically no change. this section cures the irregulari ties specified in it, if committed by a magistrate not empowered by law .....Tag this Judgment!
Court : US Supreme Court
..... ocampo was erroneous for want of evidence that he was a proprietor of the newspaper or participated in the publication of the libel. the law is to be found in act no. 277 of the philippine commission (phil.penal code 1911, p. 167), of which two sections may be quoted: "sec. 2 ..... 589 , and cases cited. it is contended that, since act no. 612 denies to the inhabitants of manila the right to a preliminary examination which is accorded to all other people in the islands, it denies the equal protection of the laws guaranteed by the act of congress. but it was long ago decided that this ..... supreme court of the philippine islands is not confined to errors of law, but extends to a review of the whole case. it has power to reverse the judgment of the court of first instance in a criminal ..... the duty of investigation to a prosecuting attorney. on the evidence in this case, the trial court properly held that the defendant was, under the law of the philippine islands, the responsible proprietor of the newspaper which published the libel on which the prosecution was based. the appellate jurisdiction of the ..... preliminary investigation when the prosecuting attorney sees fit to conduct an ex parte examination, and that it does not cover the subject of probable cause for the arrest of the accused, or affect the right accorded by 12 and 13 of general orders, no. 58, and by that paragraph of 5 of the act of congress of july 1 .....Tag this Judgment!
Court : Rajasthan
Reported in : AIR1995Raj50
..... , which was served on the returned candidate along with the summons, did not contain the attestation part, i.e., the endorsement by the authorised authority administering the oath or affirmation to the election petitioner though the endorsement made by him found place in the original affidavit a preliminary objection was raised that the copy, supplied to the respondent, is not the true and ..... the endorsement of the authority regarding oath or affirmation, is an integral part of the affidavit, which, in turn, is an integral part of the election petition? according to sub-section (3) of section 3 of the general clauses act, 'affidavit' shall include affirmation and declaration in the case of persons by law allowed to affirm or declare instead of swearing. it is an ..... section 86 of the act. in repelling the contention, raised by the learned counsel for the respondent, the court observed that the second part of sub-section (3) of section 81 has been complied with as the copy of the petition and the affidavit along-with it, as required by law, constituted one document and the signatures of the petitioner in proof of ..... the affidavit is sufficient compliance of the requirement of sub-section (3) of section 81 of the act. the court .....Tag this Judgment!