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!
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 ..... 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:34 .....Tag this Judgment!
Court : UK Supreme Court
..... in my opinion no real analogy between the assignee of a pending cause of action and a residuary beneficiary or a minority shareholder who seeks (under the general law, and not under special statutory provisions) to bring a derivative action on behalf of a deceased person's estate, or a company. where, after an ..... action cannot proceed in the absence of the defendant company, and the defendant company are interested in and will be bound by the results". since part 11 of the companies act 2006 came into force in 2007 shareholders' derivative claims have been put on a statutory basis. cpr 19.9 is headed "derivative claims ..... i) the new claim is a 'claim involving the addition of a new party' within the meaning of section 35(2)(b) and (5)(b) of the act and cpr 19.5(2)(b). ii) it follows from section 35(5)(b) that the addition of the new party must be 'necessary for the determination ..... ) when mr sainter was appointed as administrator in 2000, he was still in time to bring any claim which the estate was able in law to bring against the solicitors; (2) at the present time, a claim by the estate against the solicitors is statute-barred; (3) mr sainter was appointed by the court ..... representative takes proceedings as such, he is making a claim in a representative capacity, and his claim form must state what that capacity is (cpr r16.2 (3)). in the usual case where the deceased's estate has not been fully administered, the personal representative conducts the proceedings for the benefit of all .....Tag this Judgment!
Court : Supreme Court of India
..... whether the above provisions particularly and the 1952 act generally would bring the commission comprising of a sitting supreme court judge within the meaning of court under section 2(c)(i)?. whether the proceedings before the commission are judicial proceedings for the purposes of section 2(c) (ii)?. whether the functioning of such commission is part of the administration of justice within the meaning ..... recommendations constitute a definitive judgment when confirmed by the government. this, however, is not the case with a commission appointed under the commissions of inquiry act, 1952, whose findings are not contemplated by law as liable at any stage to confirmation by any authority so as to assume the character of a final decision. 34. we agree with the view ..... which is fixed and uniform. the quasi-judicial tribunal, on the other hand, gives its decision on the differences between the parties not in accordance with fixed rules of law but on principles of administrative policy or convenience or what appears to be just and proper in the circumstances of a particular case. in other words, the process employed ..... y. v. chandrachud, has given on the kuldip singh commission s report is a stunning indictment. succinct, understated to the point of being deferential, scrupulously adhering to facts and law, eschewing completely the slightest attribution of any motive to the commission, the opinion is a model of rectitude. nothing in the report survives it evidence that it was agreed would .....Tag this Judgment!
Court : US Supreme Court
..... leaders becomes at once apparent. it must be remembered that 9(h) is not an isolated statute dealing with a subject divorced from the problems of labor peace generally. it is a part of some very complex machinery set up by the federal government for the purpose of encouraging the peaceful settlement of labor disputes. under the statutory scheme, unions which ..... he has not applied for or been admitted to membership, pays no dues, has taken no pledge, and is free to vote, speak and act as he wills. followers are held together by rather casual acceptance of general principles, the influence of leaders, and sometimes by the cohesive power of patronage. membership in the party carries with it little assurance that the ..... "guilt by association" is an epithet frequently used and little explained, except that it is generally accompanied by another slogan, "guilt is personal." of course it is; but personal guilt may be incurred by joining a conspiracy. that act of association makes one responsible for the acts of others committed in pursuance of the association. it is wholly a question of the sufficiency ..... part of the undertow of the communist movement. it was probably suggested by the longstanding requirement of somewhat similar oaths in immigration and naturalization matters. there is, however, no analogy between what congress may require of aliens as a condition of admission or of citizenship and what it may require of a citizen. [ footnote 3/10 ] see holmes, the common law, lectures ii .....Tag this Judgment!