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!
Court : Mumbai
Reported in : 2009(111)BomLR737
..... in the name of the governor of goasd/-(d.h. kenaudekar)under secretary (ga)to1. the officer on special duty to chief minister, secretariat, porvorim.2. the director of accounts, panaji.3. the sr. dy. accountant general (audit), goa, audit bhavan, porvorim.4. the accounts section, gad, secretariat, porvorim.5. guard file.6. the notifications as stated by the petitioner ..... v. willis (64), responsible government is a concept based upon a combination of law, convention, and political practice. the characteristics of responsible government are not immutable. they are certainly capable of accommodating the arrangements made by the governor-general in the present case.18. the ministers of state act 1952 (cth), as amended by the ministers of state and other legislation amendment ..... due observance of the rules of business of the government. as has been extracted in the earlier part of this judgment, respondents no. 3 to 14 were appointed on or before 18th april, 205 when admittedly on the own showing of respondent no. 2 neither the creation of the posts had been sanctioned nor any sanction for appointment had been obtained ..... of this provision, see the remarks by senator harradine. sd. 17/2/2000, pp 11926-7. this arrangement, however, was in effect, upheld by the high court : in re patterson, ex parte taylor 2001 182 alr 657. before the 2000 provision, parliamentary secretaries were appointed under the parliamentary secretaries act 1980, and were not paid any remuneration of office but were .....Tag this Judgment!
Court : US Supreme Court
..... a pecuniary nature or at least of a nature concerning property. the wartime suspension of limitations act creates an exception to a longstanding congressional "policy of repose" page 346 u. s. 216 that is fundamental to our society and our criminal law. from 1790 to 1876, the general limitation applicable to noncapital offenses was two years, and since then it has been three years ..... not apply, because "[t]he supreme court has clearly said (1) that a statute identical in pertinent part with the suspension act does not apply to offenses of which defrauding the united states in a pecuniary way is not an essential ingredient; and (2) that such defrauding of the united states is not an essential ingredient of offenses under the false claims statute ..... the district court with direction to dismiss the indictment. reversed and remanded. mr. justice jackson and mr. justice clark took no part in the consideration or decision of this case. [ footnote 1 ] 18 u.s.c. (supp. v) 3287. [ footnote 2 ] 18 u.s.c. (supp. v) 3282. [ footnote 3 ] 37 of the criminal code, 35 stat. 1096, 18 u.s.c ..... , 326 u. s. 135 , this proceeding is barred, in whole or in part, by the principles of res judicata, or estoppel, or the due process clause of the fifth amendment." "(2) whether this proceeding is barred by the statute of limitations." [ footnote 11 ] "except as otherwise expressly provided by law, no person shall be prosecuted, tried, or punished for any offense, not capital .....Tag this Judgment!
Court : Delhi
Reported in : 18(1980)DLT337
..... imputed to the legislature that a provision would be made which cannot be worked out. (17) the executive councillors as also the members of the metropolitan council constitute an integral part of the legislative proposals. the recommendations are made by the metropolitan council on matters relating to legislation in delhi. under article 246(4) of the constitution, parliament has power to ..... liable to be declared as void on the ground of corrupt practice under section 100(1)(b) read with section 123(7) of the representation of the people act, 1951? o.p.p.' (2) shri madan lal khurana (for short shri khurana) was returned at the election of 1977 to the metropolitan council for delhi constituted under the provisions of delhi administration ..... to the class of gazetted officers in the service of the government, for the furtherance of his prospects of the election (i) by appointing him as an election agent, and (ii) by involving him in the conduct of election compaign. in the corresponding paragraph of the written statement, there is a specific denial of the allegation that shri khurana was a ..... subjected himself at all times to the lawful orders and directions of the government in respect of his duties and functions as an executive councillor. reliance is placed on section 30 of the admn. act, which provides that notwithstanding anything in the admn. act, the administrator and the members of the executive council shall be under the general control of, and comply with such .....Tag this Judgment!
Court : US Supreme Court
..... regulations promulgated under it define a "delinquent" as one who is "liable for training and service" under the act and "who fails or neglects to perform any duty required of him" by the act or the regulations made pursuant thereto. 601.5. and part 642, which contains detailed provisions concerning the rights and duties of "delinquents," provides: "every registrant who has heretofore or ..... enforcement at that stage of the process. that necessarily means that the measure of a selectee's rights and duties is to be found in the act, not in the articles of war. for 16(a) of the act suspends all laws or parts thereof which are in conflict with its provisions. we are supported in that view by the administrative construction of the ..... of men for national service" -- a process in which the civil and military agencies perform integrated functions. the examination of men at induction centers and their acceptance or rejection are parts of that process. induction marks its page 321 u. s. 548 end. but, prior to that time, a selectee is still subject to the ..... ; second report, provost marshal general (1918), p. 221. the articles of war then in force (39 stat. 651) had substantially the same provision as the present article 2. sec. 2 of the 1917 act provided, moreover, that "all persons drafted into the service of the united states . . . shall, from the date of said draft or acceptance, be subject to the laws and regulations governing the .....Tag this Judgment!
Court : Mumbai
Reported in : (1938)40BOMLR843
..... her was against her son, the taluqdar, and asked for attachment and sale of certain taluqdari villages. such property is protected by the provisions of the oudh laws act, 1876, and by rules made under section 68, civil procedure code. the sales officer, having submitted the case to the local government for sanction of an execution sale, ..... person were answerable for his debts was ultimately enforced as between persons beneficially interested in the estate [cf. williams on executors, vol. ii, pp. 1119-20, 12th ed., 1930], creditors may generally resort to any portion of the estate, but the judgment of lord eldon in aldrich v. cooper (1803) 8 ves. jun ..... by the facts that the line or lines of succession to the late nawab's property were uncertain and in all probability governed only in part by the mahomedan law ; and that the lady was minded to contend that the taluqdari property was liable to answer her claim. the reference in the decree to ..... taluqdari property with the whole of the dower. it would have been the plain right of the plaintiffs to object to any more than a proportionate part of the debt being taken from the partible estate. the view of the chief court is that, the creditor having levied on partible assets, ..... contended in the suit that the proper form of decree would have been against each heir of her late husband to the extent only of a part of the debt proportionate to that heir's share in the estate. there is some difference of opinion among the high courts of india upon .....Tag this Judgment!
Court : Andhra Pradesh
..... false statements on oath before this court in their endeavour to deflect the course of justice, and to prevent this court from ascertaining the truth. section 2(c) of the contempt of courts act, 1971 defines criminal contempt as "the publication (whether by words, spoken or written or by signs or visible representation or otherwise) of any matter or ..... the rule of law. the investigating agency cannot be permitted to conduct investigation in a tainted and biased manner. (babubhai v. state of gujarat6). the aim of criminal justice is two-fold ..... investigation against any person accused of commission of a cognizable offence. (state of west bengal v. committee for protection of democratic rights, west bengal5). fair investigation is a part of the constitutional rights guaranteed under articles 20 and 21 of the constitution of india. investigation must be fair, transparent and judicious as it is the minimum requirement of ..... sri b. anjaiah, sri k. venugopal, sri m. srinivas and sri v. yella reddy constitute criminal contempt of court. the registrar-general of the high court shall forthwith initiate suo-motu criminal contempt proceedings, under the contempt of courts act, against the five police officials/personnel and sri g. avanidhar goud, the 3rd respondent-landlord. (iii). initiation of disciplinary proceedings: .....Tag this Judgment!