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Judgment Search Results Home > Cases Phrase: oudh laws act 1876 part ii general laws to be administeredin oudh Page 11 of about 159 results (0.055 seconds)

May 12 1975 (FN)

Alyeska Pipeline Svc. Co. Vs. Wilderness Soc'y

Court : US Supreme Court

..... s.rep. no. 1329, 89th cong., 2d sess., 3 (1966). see also h.r.rep. no. 1535, 89th cong., 2d sess., 2, 3 (1966). the attorney general, in transmitting the proposal for legislation which led to the amendment, said that "[t]he bill makes it clear that the fees and expenses of attorneys ..... brewing co., 386 u. s. 714 , 386 u. s. 717 (1967) (footnotes omitted). see generally goodhart, costs, 38 yale l.j. 849 (1929); c. mccormick, law of damages 234-236 (1935). [ footnote 19 ] the federal judiciary act of sept. 24, 1789, 1 stat. 73, touched upon costs in 9, 11-12, 20-23, ..... s representation should be placed upon the defendant if (1) the important right being protected is one actually or necessarily shared by the general public or some class thereof; (2) the plaintiff's pecuniary interest in the outcome, if any, would not normally justify incurring the cost of counsel; and (3) ..... the court of appeals. [ footnote 47 ] the decision below must therefore be reversed. so ordered. mr. justice douglas and mr. justice powell took no part in the consideration or decision of this case. [ footnote 1 ] for a discussion and chronology of the events surrounding this litigation, see dominick & brody, ..... of "costs" in the statutory sense, since the attorneys' fee award was legitimately included as a part of the primary relief to which the plaintiff was entitled, rather than an ancillary adjustment of litigation expenses. [ footnote 2/4 ] finally, in fleischmann distilling corp. v. maier brewing co., 386 u. s. 714 .....

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Apr 11 1978 (HC)

Kewal P. Kashyap Vs. J.H. Jagtiani

Court : Mumbai

Reported in : AIR1979Bom5

..... honest debtor should not be allowed to rehabilitate himself in trade by coming to an arrangement with his creditor if there was no extortion on the part of the creditor. it is significant to note that there was no other creditor before the court of appeal. the question of substitution was not ..... of the aforesaid judgment of rajadhyaksha j. the court also stated as under:--'again as observed in sagarmal hanoman prasad v. abdul rahaman air 1938 oudh 101 where a petitioning creditor, who is a representative of the whole body of creditors, comes to an arrangement with the debtor and seeks not ..... prosecuting the petition not only for his own benefit but also for the benefit of the creditors generally. it would be an easy way of circumventing the statutory provision contained in section 14 of the act, if the petitioning creditor was allowed to let the application be dismissed for default when he would ..... and the petitioner applies (for) leave to withdraw the petition, there is no lack of due diligence on the part of the petitioner to prosecute the petition and section 92 of the act has no application. as i have already mentioned, this court and other courts have taken the view that section 92 ..... indian courts, in my view rightly, a failure to proceed with the petition with due diligence.18. in halsbury's laws of england, 4th edition, volume iii, p. 208 article 347 note ii,it is stated 'where the petitioning creditor has been paid but other creditors have appeared, a receiving order should not .....

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Mar 28 2008 (HC)

The Sales Tax Practitioners' Association of Maharashtra and Tushar P. ...

Court : Mumbai

Reported in : 2008(5)BomCR396; [2008]14STT348; (2008)14VST69(Bom)

..... provides that advocates would be the only class of persons to 'practice the profession of law'. section 33 of the advocates act bars any other professional to practice in any court or before any authority etc. section 49 of the advocates act gives general powers to the bar council of india to make such rules. under this power the bar council of india has ..... those states the sales tax practitioners or advocates are not authorised to give the audit report, though they are allowed to represent before the authorities. these states are (i) assam, (ii) delhi, (iii) kerala, (iv) orissa, (v) tripura, (vi) jammu and kashmir, (vii) uttranchal. only four states have allowed other professionals besides chartered accountant and cost accountant to conduct this audit ..... certify the correctness and completeness of the sales tax returns unless they audit the accounts of the dealer as maintained in the first part of section 61. after audit chartered accountant has to certify the various items in part i of form no. 704. these items are subject to audited chartered accountant's observations and comments about the non-compliance, shortcomings, ..... the limited question is whether under section 61, the exercise of getting the accounts audited, can be said to be part of the right to appear and plead before the courts or judicial forums and or getting the accounts audited is part of the right conferred by section 82 or in the alternative excluding other than chartered accountants and cost accountants is .....

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Aug 03 1933 (PC)

(Rao) Masoon Ali Khan Vs. (Rao) Ali Ahmad Khan

Court : Allahabad

Reported in : AIR1933All764

..... civil procedure. 80 criminal law, including criminal procedure 41. legilation in regard to any provincial subject, in so far as such subject is in pari 2 of this schedule stated to be subject to legislation by the indian legislature, and any powers relating to such subject reserved by legislation to the governor-general in council.23. schedule 1, part 2-provincial subjects, contains:1 local ..... an order so sent shall be executed by the collector in the same manner as if it were an order passed by the collector in proceedings under the agra tenancy act, 1901, or the oudh rent act, 1886, as the case may be.39 to show that the high court has superintendence over the election court under section 107, government of india ..... local legislature may legislate on the 'constitution, powers, maintenance and organization' of the high court and chief court. that the local legislature has exercised such powers is shown by the oudh courts act, u.p. act 4 of 1925, which states in the preamble that the governor-general has given his previous sanction required by section 80-a, sub-section (3), government of india ..... to rule 17, part 2 of the devolution rules, under which this power has been given in 1920 to local legislatures. if the argument of mr. kunzru were correct, it would apparently follow that since 1925 the oudh chief court has been functioning without jurisdiction. mr. kunzru laid stress in his address on the provisions in the government of india act, 1919, for legislation .....

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May 30 1969 (HC)

Kulwant Singh Vs. Income-tax Officer, b Ward and ors.

Court : Punjab and Haryana

Reported in : [1970]75ITR99(P& H)

..... to mention that the members of the appellate tribunal do not suffer from this disqualification. besides, there is no such bar either under the estate duty act of 1953 or under the punjab general sales tax act.15. the argument of the learned counsel suffers from an obvious infirmity. it is not the petitioner's fundamental right to practise the profession of representing ..... of estate duty and the same was accepted, with the result that he was relieved on 16th april, 1968. the petitioner was a law graduate and was entitled to represent the income-tax assessees under section 288(2) of the act as an authorised representative. on 17th august, 1968, he filed a power of attorney before shri b. d. seth, income-tax officer ..... knowledge of the petitioner. it was also argued that the said sub-section denied the petitioner equality before the law and was violative of article 14 of the constitution.5. let us now examine the first contention of the petitioner. the relevant part of section 288 reads thus :'appearance by authorised representative.--(1) any assessee who is entitled or required to attend ..... before any income-tax authority or the appellate tribunal in connection with any proceeding under this act otherwise than when required under section 131 to attend personally for examination on .....

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May 06 2009 (SC)

N. Kannadasan Vs. Ajoy Khose and ors.

Court : Supreme Court of India

Reported in : JT2009(7)SC601; 2009(8)SCALE351; (2009)7SCC104

..... be uncontroversial. some judges have not been sympathetic to the purposive approach[39]. some have clearly yearned for a return to the perceived simplicities of literalism, either generally or in particular fields of law. on the whole, however, this court has adhered to the doctrinal shift with a fair degree of consistency. in my view, there is a need ..... as observed by crawford in his book on 'statutory constructions' that the entire legislative process is influenced by considerations of justice and reason. justice and reason constitute the great general legislative intent in every peace of legislation. consequently where the suggested construction operates harshly, ridiculously or in any other manner contrary to prevailing conceptions of justice and reason, ..... for being considered, the process of consultation having been vitiated, the ultimate order is also vulnerable.re : question no. 321. the records produced by the additional solicitor general appearing for the central government and the learned counsel for the high court, despite the fact that no privilege had been claimed, the high court did not think it ..... justice of the high court in considering the same person for appointment to any judicial office under the consumer protection act, 1986 or any other similar offices in other tribunals & commissions ?ii) since an independent and fair judiciary is part of the basic structure of the constitution of india, can a person found wanting in the necessary intellectual and moral .....

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Jul 08 2003 (HC)

Khanna Hotel P. Ltd. Vs. State (Govt. of Nct) of Delhi

Court : Delhi

Reported in : 2004CriLJ180

..... than the disease or peril. same is the state of law relating to prosecutions under section 138 of the negotiable instruments act i.e. bouncing of cheques issued towards whole or part of the liability at least in the metropolis of delhi.2. this law provides penalties in case of dishonour of cheques due to insufficiency ..... petition is allowed. the learned trial court is directed to prepare the date keeping in view of the provisions of section 143 of the negotiable instruments act. for the aforesaid purpose the petitioner shall appear before the learned trial court on 10th sept. 2003.7. since this court is having many petitions ..... year. as a consequence thousands of cases are pending for several years.4. statistics show that around 70,000 cases under section 138 of the act are pending in different courts of delhi and everyday hundreds of complaints are being filed. this phenomenon is result of abysmally low strength of metropolitan ..... individual cases. house with two masters can never be strong.11. copy of this order be sent to the :--(i) registrar general for compliance of para 8.(ii) union of law secretary, government of india for consideration of recommendations made in the judgment. ..... pattern that not more than 500 cases shall be assigned to brie court. registrar general of this court shall take up the exercise immediately and put up the proposal to hon'ble the chief justice.9. before parting, this court is constrained to make observations for the malady and phenomenon of malignant .....

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Jan 10 2001 (HC)

The Commander Coast Guard Region (East), Fort St. George, Chennai-9 an ...

Court : Chennai

Reported in : (2001)1MLJ420

..... somehow always managed to protect themselves and have never required the same solicitude).seamen have had and still have a high priority maritime lien under the general maritime law in the u.k. it is a lien which follows the ship no matter who is the owner. it survives even against a foreign purchaser. ..... . it is, however, inchoate and very little positive in value unless it is enforced by an action. it is a right which springs from general maritime law and is based on the concept as if the ship itself caused the harm, loss or damage to others or to their property and this must ..... india board without discharge certificate. that section reads thus,'no person shall engage or carry to sea any seaman under this act in any ship...'(ii) as mentioned supra, the learned additional solicitor general referred to section 86 to 117 in support of the above contention. a careful reading of these provisions show that these ..... at the expense of the crew (as they have charge over the vessel for the wages} and penalise the workers for no fault on their part is against law and the principles of natural justice. {italics supplied}41. at this juncture, it may be pointed out that no claim was made by the ..... had been defeated by the order of confiscation.christopher hill in his well known and classic book 'maritime law', after referring to what is maritime lien (we have already referred to in extenso in the earlier part of our judgment}, quotes the ruling in the bold buccleugh, 1852 (7) moo pc 267. we quote .....

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Sep 10 1964 (HC)

Dhani Ram Etc. Vs. Sub-divisional Judge and ors.

Court : Himachal Pradesh

Reported in : AIR1965HP25,1965CriLJ550

..... jural relation between one person and another, or a group of persons, or between him and the community generally, but, that even a judge acting without such an object in view is not acting judicially. in that case, the proceedings of a sub-registrar, relating to an inquiry, for the purpose ..... this contention was repelled with the following observations:-'a reading of the entire article 227, constitution of india in the light of the antecedent law on the subject leads one to the irresistible conclusion that the purpose of the constitution makers was to make the high court responsible for ..... of the land, conducted by bench no. 1, was a judicial proceeding. the term 'judicial proceeding' has not been defined in the himachal act or in the indian penal code.according to section 4(m), criminal procedure code, the term 'judicial proceeding' includes any proceeding in the course of which ..... notices to the petitioners and constituted bench no. 3, of the nyaya panchayat, consisting of respondents nos. 2 to 4, for the trial of the complaint. the petitionerswere proceeded against ex parte as they did not appear despite service of summonses. the complaint was heard in their absence and was ..... of ascertaining, whether he should register a document, presented for registration, were held not to be judicial proceedings. at page 939, volume ii, penal law of india, by dr. .....

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Mar 14 2013 (HC)

Corporate Aircraft Funding Company Llc Vs. Union of India and ors.

Court : Delhi

..... the goi or any inter-governmental organization or private provider of public services in india under the extant laws in respect of services provided to the aircraft. for the sake of convenience the relevant part of form no. 4 is extracted hereinbelow: ...form no. 4 (general opt-in declarations under article 39(1) (b) nothing in the convention shall affect its right or ..... duty evaded in respect of aircraft in issue, was to the tune of rs. 19 crores (approximately), which was, exclusive of interest and other charges applicable under the customs act. 10.2 mr dubey further submitted that, the respondents action were in consonance with provisions of form no. 4, lodged by the government of india (goi) under the cape town convention at ..... sub-leased the aircraft to east west airlines is neither the carrier within the meaning of clause (c) of section 41 of the act nor other person under sub-sections (2), (3) and (4) of section 46a of the finance act, 1989. it is the carrier alone who has realised the tax, from the passengers is liable to pay the tax and the ..... , it wrote to dgca requesting it not to release the aircraft. the customs authorities, who are required under sub-section (2) of section 110 to return the goods in issue, if notice, as prescribed under section 124 clause (a) of the customs act, is not issued within six (6) months of the seizure of goods. the period of six months, under the .....

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