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Judgment Search Results Home > Cases Phrase: oudh laws act 1876 part ii general laws to be administeredin oudh Page 1 of about 159 results (0.054 seconds)

Jul 18 2001 (SC)

Smt. Mattoo Devi Vs. Damodar Lal (Dead) by Lrs and ors.

Court : Supreme Court of India

Reported in : AIR2001SC2611; JT2001(5)SC496; (2001)3MLJ116(SC); RLW2002(1)SC21; 2001(4)SCALE388; (2001)6SCC330; [2001]3SCR1009; 2002(1)LC114(SC)

..... specifically provided as it can always be used as a weapon of defence.in the privy council decision referred earlier, the court was concerned with oudh laws act (18 of 1876) which too had an identical provision for giving notice by seller.no notice was given but since pre-emptier know that the property was sale ..... in disregard of his preferential right.'8. on the basis of the aforesaid.subba rao, j. with his usual felicity of expression observed that the general law of pre-emption does not recognise any right to clam a share in the property sold when there are rival claimants and pre-emption is a right ..... one year of the purchaser taking possession of the property and a suit or claim for preemption must relate to whole of the interest and not a part of the estate.3. needless to record that right of pre-emption (shuf'a) is the right which the owner of immovable property possesses to ..... facts ought to be noticed at this juncture for proper and effective appreciation of the matter in issue.5. briefly stated, the facts depict that defendants nos.2 and 4 has sold their house situated in gali chaudharian chowkri bisheshswarji, to defendant no. 1 on 30th july, 1962, for a sum of rs. ..... learned advocate in support of the appeal only restricted his submission on the issue of the principle of talab, as is known in muslim law.2. the principle of talab in muhammadan law has three specific facets; the first being talab-e muwathaba: talab in common parlance means and implies a demand and of jumping. the .....

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Sep 01 1997 (HC)

Syed Ahmed Bhukhari Vs. State and anr.

Court : Delhi

Reported in : 1997VIAD(Delhi)287; 1997(4)Crimes204; 69(1997)DLT525; 1998RLR119

..... conclusion that the police was hobnobbing with the accused and they were sheltering the accused and were trying their best to take out the accused from the clutches of law. (12) in para ii of the judgment, the learned metropolitan magistrate has observed as under: 'the in activism with motive of the executive is peril to indian democracy.' 13. the learned ..... magistrate was certainly not justified in making such sweeping remarks and generalisations regarding the legislature, executive and the police. the learned magistrate was also not justified in making the general remarks against the petitioner in which he had mentioned that ' giving an inflammatory speech, the petitioner had made an attempt of sedition to overthrow the govemment.''there is nomaterial ..... (b) whether there is evidence on record bearing on that conduct justifying the remarks; and (e) whether it is necessary for the decision of the case, as an integral part thereof, to advert on that conduct. (18) it has also been recognised that judicial pronouncements must be judicial in nature and should not normally depart from sobriety, moderation, reserve ..... of m.p. v. nandlal jaiswal, : [1987]1scr1 , observed: 'judges should not use strong and carping language while criticising the conduct of parties or their witnesses. they must act with sobriety, moderation and restraint. they must have the humility to recognise that they are not infallible, and any harsh and disparaging strictures passed by them against any party maybe .....

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Mar 31 1987 (HC)

R. Ratnam Vs. Wealth-tax Officer.

Court : Chennai

Reported in : [1988]24ITD42(Mad)

..... act. this conclusion will be in accord and in harmony with the scheme of the act. the general rule as to a deduction of debts in section 2(m) is that all debts must come into the reckoning. clauses (ii ..... act and the act ..... 2(m) (ii) of the act ..... in section 2(m) (ii) was ..... 2(m) (ii) of the act ..... act as ..... act, to fall within the mischief of section 2(m) (ii) of the act ..... act ..... 2(m) and section 2 ..... 2(m) and section 2 ..... act ..... (ii) ..... wealth-tax act. we ..... 2(m) of the act. what is excluded under section 2(m) (ii ..... 2 ..... act ..... act ..... 2(m) of the act.8. the cwt (appeals), after adverting to section 2(m) (ii) of the act ..... act ..... 2 ..... tax act.4 ..... act ..... 3-1984.2. we have ..... ii) of clause (m) of section 2 ..... 2(m) of the act ..... 2(m) of the act. the department relies on the exclusion clause in section 2(m) (ii) of the act ..... 2(m) of the act ..... 2(m) of the act ..... 2(m) (ii) or any of the other exclusion clauses of section 2 ..... 2(m) of the act ..... 2(m) of the wealth-tax act ..... 2(m) of the wealth-tax act ..... act with reference to the assessment under the act. in the case of the income-tax act ..... 2(m) (ii) of the act. shri balasubramaniam pointed ..... 2(m) (ii) of the act ..... act which has been inserted in the statute with retrospective effect from 1-4-1975 by the finance (no. 2) act, 1980. he submitted that in view of this provision of law ..... 2(m) was rightly negatived as the debt in question was hit by the exclusion clause contained in section 2(m) (ii) of the act ..... ii ..... act, 1949 applies for the purpose of exemption under section 5 of the wealth-tax act, 1957. this section has been inserted by the finance (no. 2) act .....

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Jul 07 1989 (HC)

In Re: Daily 'Aajkaal'

Court : Kolkata

Reported in : 1990CriLJ228

..... any irresponsible or embarassing journalism so far as judiciary in this state is concerned? but before so doing, lord atkin's sayings in ambard v. attorney-general of trinidad and tobago (1936 ac 322 at 335) that justice is not of cloistered virtue : she must be allowed to suffer the scrutiny and ..... had not made any complaint of torture when she was produced before the advisory board or the magistrate during her detention under maintenance of internal securities act (misa);(ii) the complaint was actually made more than three years after her release from detention;(iii) it was not clear whether the weakness of her ..... role. on the factual score it appears that the petitioner-complainant lodged a complaint before the magistrate by reason of alleged inhuman torture on the part of the police officer on the complainant whilst in police custody as a misa detenu. the learned trial judge of the court below on a ..... the statute book, inter alia, for the purpose of bringing in a feeling of confidence in the people in general for due ..... silence on the part of a judge is also not expected to sub-serve the ends of justice as regards the maintenance of majesty of law.2. in india law of contempt has been codified in order to allow the law courts to uphold the dignity of courts. the contempt of courts act has been engrafted in .....

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Sep 04 2018 (HC)

Walmart India Pvt. Ltd. Vs.central Vigilance Commission

Court : Delhi

..... a complaint is defined as under:-"?complaint is an allegation that a wrong has been done or a grievance suffered. this term is most generally used in law with reference to criminal courts to describe the mode in which proceedings are to be instituted. the complaint need not be either in ..... charge against a party, made or presented to the appropriate court or officer, as for a wrong done or a crime committed; in the latter case generally under oath. in civil proceedings, the first pleading of plaintiff, setting out the facts on which the cause of action is based.? 33. thus, ..... of justice had initiated investigation including in some areas of operations in india. wipl has further admitted that an independent inquiry was being conducted by law firms/legal advisors. the newspaper report that appeared in the wall street journal indicates that the investigators had found evidence of bribery in india. ..... commission would be constrained to take serious note of such non- cooperation and may require registration of a criminal case for investigation as per applicable laws. informed by 4. the commission while conveying as above required the ceo, wipl to inform the principal as above and to ensure to ..... against only persons specified under section 8(2) of the cvc act.37. the learned counsel for the respondent has relied upon paragraph 3.1 of the cvc manual which reads as under:-"?3.1 receipt of information about corruption, malpractice or misconduct on the part of public servants, from whatever source .....

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Jan 08 2019 (SC)

Alok Kumar Verma Vs. Union of India

Court : Supreme Court of India

..... case of transfer so as to require the previous consent of the committee under section 4b(2) of the dspe act. reliance has also been placed on the provisions of section 16 of the general clauses act, 1897 to persuade the court to recognise in the central government a power to divest the ..... views on the true and correct meaning of the provisions contained in sections 4a & 4b of the dspe act leaves us convinced that the aforesaid provisions of the general clauses act will have no application to the present case in view of the clear and apparent intention to the contrary that ..... government (hereinafter referred to as the director) who shall exercise in respect of that police establishment such of the powers exercisable by an inspector general of police in respect of the police force in a state as the central government may specify in this behalf. 4a. committee for appointment of ..... must be strictly adhered to. however, additional time of one month may be allowed where consultation is required with the attorney general (ag) or any other law officer in the ag s office.16. the director, cbi should conduct regular appraisal of personnel to prevent corruption and/or inefficiency in the agency. ..... (5 of 1908) and in particular, in respect of the following matters, namely: a. summoning and enforcing the attendance of any person from any part of india and examining him on oath; b. requiring the discovery and production of any document; c. receiving evidence on affidavits; d. requisitioning any .....

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Jan 08 2019 (SC)

Common Cause (Registered Society) Vs. Union of India

Court : Supreme Court of India

..... case of transfer so as to require the previous consent of the committee under section 4b(2) of the dspe act. reliance has also been placed on the provisions of section 16 of the general clauses act, 1897 to persuade the court to recognise in the central government a power to divest the ..... views on the true and correct meaning of the provisions contained in sections 4a & 4b of the dspe act leaves us convinced that the aforesaid provisions of the general clauses act will have no application to the present case in view of the clear and apparent intention to the contrary that ..... government (hereinafter referred to as the director) who shall exercise in respect of that police establishment such of the powers exercisable by an inspector general of police in respect of the police force in a state as the central government may specify in this behalf. 4a. committee for appointment of ..... must be strictly adhered to. however, additional time of one month may be allowed where consultation is required with the attorney general (ag) or any other law officer in the ag s office.16. the director, cbi should conduct regular appraisal of personnel to prevent corruption and/or inefficiency in the agency. ..... (5 of 1908) and in particular, in respect of the following matters, namely: a. summoning and enforcing the attendance of any person from any part of india and examining him on oath; b. requiring the discovery and production of any document; c. receiving evidence on affidavits; d. requisitioning any .....

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Jun 11 1990 (FN)

Cooter and Gell Vs. Hartmarx

Court : US Supreme Court

..... no concern to the rulemakers if the complaint does not impose any costs on the judiciary: the rules enabling act does not give us authority to create a generalized federal common law of malicious prosecution divorced from concerns with the efficient and just processing of cases in federal court. the only ..... security, 455 u. s. 445 , 455 u. s. 451 , n. 13 (1982). a criminal contempt charge is likewise " a separate and independent proceeding at law'" that is not part of the original action. bray v. united states, 423 u. s. 73 , 423 u. s. 75 (1975), quoting gompers v. buck's stove & range ..... the district court to determine the amount of reasonable attorney's fees and to enter an appropriate award. ii the rules enabling act, 28 u.s.c. 2072, authorizes the court to "prescribe general rules of practice and procedure and rules of evidence for cases in the united states district courts (including ..... .d.c. 333, 875 f.2d 890 (cadc 1989), affirmed in part and reversed in part. o'connor, j., delivered the opinion for a unanimous court with respect to parts i, ii, iv, and v, and the opinion of the court with respect to part iii, in which rehnquist, c.j., and brennan, white, marshall, blackmun ..... , scalia, and kennedy, jj., joined. stevens, j., filed an opinion concurring in part and. dissenting in part, post, p. 496 u. s. .....

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Apr 13 1973 (HC)

Hakim Singh Vs. Shiv Sagar and ors.

Court : Allahabad

Reported in : AIR1973All596

..... law administered in, any existing high court......... shall be the same as immediately before the commencement of part iii of this act.''part iii of the act (chapters i to vi) related to the governors' provinces, the provincial executives, the provincial legislature. legislative powers of governor etc. part iii came into force on 1-4-1937 which was appointed date under the provisions of section 320(2). part ii ..... commencement of the act there shall be a chief court in oudh. by section 12 of the act, it was provided, as follows:--'(1) (notwithstanding ..... 4th may, 1925 and was published under section 81 of the government of india act, 1915 on 16th may, 1925. section 3 of the oudh courts act provided that on and from the ..... of any law which altered or affected the very structure of a high court as erected and established.157. the chief court in oudh which was amalgamated with the allahabad high court was constituted under the provisions of the oudh courts act, 1925 (u. p. act iv of 1925). this act received the assent of the governor on 3rd april, 1925 and of the governor-general on .....

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Dec 30 1981 (SC)

S.P. Gupta Vs. President of India and ors.

Court : Supreme Court of India

Reported in : AIR1982SC149; 1981Supp(1)SCC87; [1982]2SCR365

..... as ours, but do not prevail when the language of the indian statute or enactment is clear.(b) they are of assistance in elucidating general principles and construing acts in part materia.(c) but indian statutes should be interpreted with reference to the facts of indian life.209. the observations in clause (c) are ..... judge of a high court and during any absence of any such judge or on the appointment of any such judge to act as chief justice it was lawful to the governor-general in council or governor in council as the case might be to appoint a person with such qualifications as were required ..... may be made clear at this stage that the judge does not have a right of hearing in the sense in which that right is generally understood in law. the scope and degree of inquiry by the chief justice of india must rest in his discretion. all that is necessary is that the ..... be virtue. an observation of david hume is worthy of note here. he said:to balance a large state of society whether monarchical or republican, on general laws, is a work of so great difficulty that no human genius however comprehensive, is able by the mere dint of reason and reflection, to effect it ..... against disclosure under article 74 clause (2) of the constitution as also section 123 of the indian evidence act. this contention raised an extremely important, question in the area of public law particularly in the context of the open society which we are trying to evolve as part of the democratic structure and it caused .....

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