Court : Supreme Court of India
Reported in : AIR2001SC2611; JT2001(5)SC496; (2001)3MLJ116(SC); RLW2002(1)SC21; 2001(4)SCALE388; (2001)6SCC330; 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 .....Tag this Judgment!
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, : 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 .....Tag this Judgment!
Court : Chennai
Reported in : 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 .....Tag this Judgment!
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 .....Tag this Judgment!
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. .....Tag this Judgment!
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 .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1982SC149; 1981Supp(1)SCC87; 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 .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1977SC2328; (1977)GLR919; (1977)0GLR90; 1977LabIC1857; (1977)4SCC193; 1SCR423
..... . a few other factors contradicting the notion that fresh appointment was implied in every transfer were highlighted by the learned attorney-general. minor verbal vagaries, [see schedule ii part iv (11)] even if discovered were inconsequential where the thrust of the particular provision was strengthened by other considerations,102. if ..... court has power to protect itself against interference in the course of administration of justice from whatever quarter it may come.(g) under the general law of civil liability (tort) words spoken or written in the discharge of his judicial duties by a judge of the high court are ..... after consulting the chief justice73. before we enter on a discussion of these crucial questions, we may record the fact that the learned attorney general agreed that 'consultation', as contemplated in article 222, was a high constitutional requirement demanding substantial compliance and not dismissible as an empty formality. ..... seervai in r.m.d. chamarbaugwalla v. union of india : 1scr930 , attorney general v. prince ernest augustus of hanover  a.c. 436 and the river wear commissioner v. william adamson and ors.  a.c. 743.18. in chamarbaugwalla's case : 1scr930 the constitutionality of sections ..... part throwing light on the other and bearing in mind the rule in heydon's case (1584) 3 w. rep. 16: 76 e.r. 637 which requires four things to be 'discerned and considered' in arriving at the real meaning: (1) what was the law before the act was passed; (2) .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1973SC1461; (1973)4SCC225; SuppSCR1
..... the state of delhi  s.c.r. 519 at page 526 per kania c.j.; in re. delhi laws act  s.c.r. 747 at p. 1079 per das j.), there is a general presumption in favour of an honest and reasonable exercise of power. (state of west bengal v. anwar ali sarkar ..... of this inclination, whatever is a means of preserving human life, and the warding off its obstacles, belongs to the natural law see summa theologica, part ii, section i, question 91, article 2 (translated by the english dominicans), vol. 3. in a different context spinoza proclaimed the very same principle in his famous words ..... procedure prescribed for amending any part of the constitution, the constitution was uncontrolled and could be amended by an act in the manner prescribed for enacting ordinary laws, and therefore, a subsequent law inconsistent with the constitution would pro tanto repeal the constitution;secondly-(2) a constitution largely or generally uncontrolled may contain one or more ..... have a context even more plain or at least as plain as the words to be controlled". see : jessel m.r. in bentley v. rotherham (1876-77) 4 ch. d. 588 (592). neither the text nor the context of the articles embodying the fundamental rights shows that they are not exposed to ..... of madison's remark that the accumulation of all powers...in the same hands...may justly be pronounced the very definition of tyranny. 1876. in order to avoid concentration of such excessive power in few hands that it may corrupt or be misused by chose who wield .....Tag this Judgment!
Court : US Supreme Court
..... effort to ascertain within 5 business days whether receipt or possession would be in violation of the law, including research in whatever state and local recordkeeping systems are available and in a national system designated by the attorney general." 922(s)(2). the act does not require the cleo to take any particular action if he determines that a pending ..... through officers whom he appoints (save for such inferior officers as congress may authorize to be appointed by the "courts of law" or by "the heads of departments" who are themselves presidential appointees), art. ii, 2. the brady act effectively transfers this responsibility to thousands of cleos in the 50 states, who are left to implement the program without meaningful presidential ..... (o'connor, j., concurring in judgment in part and dissenting in part), an assumption proved correct by the extensive mutual assistance the states and federal government voluntarily provided one another in the early days of the republic, see generally white, supra, at 401-404, including voluntary federal implementation of state law, see, e. g., act of apr. 2, 1790, ch. 5, 1, 1 stat. ..... 106 (directing federal tax collectors and customs officers to assist in enforcing state inspection laws). another passage of the federalist reads as follows: "it .....Tag this Judgment!