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!
Court : US Supreme Court
..... the duty to canvass and to inquire. this is an old statute. it has roots in the first of the modern general income tax acts, namely, the tariff act of october 3, 1913, ii, ? i, 38 stat. 178, and prior to page 400 u. s. 524 that, in 3172, as ..... which are in his hands, and which relate to the third person's business transactions with the taxpayer. iii mr. justice clark, in part ii of his opinion for a unanimous court in reisman, 375 u.s. at 375 u. s. 445 -446, reviewed the statutory structure ..... the court dealt with another state investigative commission. there, however, the authority of the commission was limited to ascertaining facts regarding violations of criminal law and reporting its findings for criminal prosecution. there was no right to cross-examination for nonwitnesses, and the right was limited for witnesses. the ..... assistant regional commissioner for intelligence develops programs for the investigation of alleged tax frauds and "certain other civil and alleged criminal violations of tax laws" and "approves or disapproves recommendations for prosecution," 1114.(10); and that recommendations for prosecution are processed through the office of regional counsel and ..... an unlawful appropriation of the attorneys' work product and trial preparation. the court concluded that the petitioner attorneys possessed an adequate remedy at law, and that the complaint, therefore, was subject to dismissal. in reaching this conclusion, the court emphasized the employment of the accounting firm .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1947Bom30; (1946)48BOMLR498
..... word 'any' according to context can bear either meaning. the use of the word 'debt' or 'security' in the singular leads to no conclusion by itself. in the bombay general clauses act, section 13, it is provided that words used in the provincial legislation in the singular would include plural and vice- versa, unless the context showed otherwise. in the present case ..... , i prefer the view taken by the calcutta high court about the meaning of the words used in article 12. i apprehend that the learned judges of the nagpur and. oudh court omitted to notice that the word 'any' can be used properly and without straining the language to mean also 'all' or 'every'. i therefore agree with the conclusion of ..... to three cases of other high courts in india. two of them, namely one from nagpur (premalabai v. priya kumari a. i. r . nag. 400 and the other from oudh (pirthtvi nath v. estate of late trilok nath a. i. r  oud 414 are in favour of the petitioner whilst a case from the calcutta high court, in re ..... that a succession certificate shall not be granted under part x of the act with respect; to any debt or security to which a right is required by section 212 or section 213 to be established by letters of administration or probate. subsection (2) defines 'security' and included in such definition is 'any stock or debenture of, or share in, a company or .....Tag this Judgment!
Court : Allahabad
Reported in : AIR1959All562
..... a tax be widespread and be not restricted to any particular locality.26. i can imagine circumstances which may possibly justify imposing a particular tax on a particular part of the municipality. in general such circumstances would be when the tax is imposed to meet the specific costs, initial or recurring, of some work which benefits that particular portion of the municipality ..... the municipal board and its need to raise money, in the matter of the board's deciding as to whether one of the general taxes is to be levied in the whole of the municipality or in any part of it. it would be in the interest of raising the funds and thus consistent with the object of providing funds to the ..... supertax', but from the preamble of the first indian income-tax act of 1886 which is 'an act for imposing a tax on income .....'20. the preamble of the u. p. municipalities act (2 of 1916) is to consolidate and amend the law relating to municipalities and that of the north western provinces and oudh municipalities act (1 of 1900) is 'to make better provision for the ..... a municipality are.'in view of what i have said above about the power to impose a tax in any part of the municipality to be void, the valid portion in sub-section (1) of section 128 would be 'subject to any general rules or special orders of the state government in this behalf, the taxes which a board may impose in .....Tag this Judgment!
Court : Chennai
Reported in : AIR1955Mad417
..... the hands of executors, administrators, or trustees will be ordered to he paid into court under this rule: see also page 1160 (ibid) see also air 1945 oudh 82 (a)'. under clause (e) the act must be something within their trust: --'suffolk v. lawrence', (1884) 32 wr 899 (g). 7. this section 302 has been construed in a leading decision of this ..... ); -- 're royle; royle v. hayes', (1889) 43 ch d 18 (q). 9. an order under this section is neither appealable nor revisable: -- 'dwarka nath v. thakurain rai rani', air 1945 oudh 54 (r). that is why the nature of the directions which can be given is hedged with so many restrictions to safeguard the rights of third parties. 10. these powers ..... advised trustees, have relation strictly to undisputed matters of management such as questions of advancement, maintenance, change of investment, sale of a house, compromises, taking proceedings. but disputed points of law or fact have never been included. the court will not, for instance construe an instrument or make any order affecting the rights of parties'. mr. justice kekewich observed;'the object ..... administration thereof'. 4. this section corresponds to section 87-b of act v of 1881 and section 264 (b) of act 1865. it appears from the provisions of act v of 1902, section 5, subsection (2), that the high court may give directions to any private executor or administrator other than the administrator-general acting officially. this provision has been recently repealed and transferred to the .....Tag this Judgment!
Court : Chennai
..... court in the case of pandia nadar vs. state of tamil nadu reported in (1974) 2 scc 539 and by virtue of the provisions of the encroachment act, the government is entitled to evict the encroachments from the government land. the learned additional advocate general produced copy of the government letter dated 07.09.2015, written by the secretary to government ..... of environment degradation. ultimately, the division bench directed the state government to identify all such water resources in different parts of the state and wherever illegal encroachments are found, initiate appropriate steps in accordance with the relevant provisions of law for restoring such natural water storage resource which has been classified, as such in the revenue records to its ..... public interest litigation, secondly a direction to the state government to identify all such natural water resources in different parts of the state and wherever illegal encroachments are found, initiate appropriate steps in accordance with the relevant provisions of law for restoring such natural water storage resources which have been classified as such in the revenue records to its ..... issued directions for all natural water resources in the different parts of the state of tamil nadu and wherever illegal encroachments are found to take steps for removal of the encroachments in accordance with the relevant provisions of law. the state government thought fit to enact the tank act and though the object of the enactment was couched on a .....Tag this Judgment!
Court : Mumbai
Reported in : (1920)22BOMLR13
..... or to consider that it was improper that a pleader or advocate should remain as a practitioner of the court, although the acts complained of do not involve an imputation of general infamy or bad character. this pledge, however, can be said to involve, if not directly, certainly indirectly, the professional character ..... when it was started, it is absolutely incompatible with their duties as lawyers to the high court that they should continue to take part in it.18. sir chimanlal did indeed say that it might be that the satyagraha movement would receive its quietus. he hoped and trusted that ..... controversy. the plain issue is what all the duties of the respondents to this court ?17. i have waited in vain for any acknowledgment on the part of , the respondents that they have realised in the events which have happened, that, however harmless and constitutional they may , have considered this movement ..... on the 10th and 11th april at ahmedabad and, though i do not for a moment suggest that any of the respondents took any part either directly or indirectly in those riots, it is a matter of common knowledge that there had been several meetings attended by thousands of ..... by the district judge, runs as follows:-being conscientiously of opinion that the bills known as the indian criminal law (amendment) bill i of 1919 and the criminal law (emergency powers) bill ii of 1919 are unjust, subversive of the principles of liberty and justice, and destructive of the elementary rights of .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : AIR1963AP415
..... it was pointed out that by sub-rule (2) of rule 31 of the general rules, the railway administration seeks to limit ils responsibility as warehousemen to the period from the time of booking of the goods to ..... then claim damages, if subsequently the goods were lost or destroyed by fire.in support of this, reliance is placed on clause (2)of rule 31 of the general rules for acceptance,carriage and delivery of goods which is as follows:'that in respect of goods not removed fromrailway premises at station of ..... or have not arrived at their destination or are otherwise not available for delivery and if the consignee docs not take delivery of such goods forming part of a consignment as are available for delivery, they will be subject to wharfage charges if not removed within the time allowed for removal.'it is ..... respect to these 30 bags which were damaged. the learned judge, after referring to sections 47, 72 and 74a of the indian railways act and rule 31 of the general rules, held that the plaintiff was bound to take delivery of the consigned goods within a reasonable time after the arrival at the destination. ..... ltd. v. east indian rly. co., ii,r 44 all 763: (air 1922 all 514), and observed that when a consignee insists on open delivery, he would be insisting upon something to which he is not, in law, entitled.3. next i am referred to the decision in governor general in council v. firm badri das gauri .....Tag this Judgment!