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Judgment Search Results Home > Cases Phrase: oudh laws act 1876 part ii general laws to be administeredin oudh Sorted by: old Page 1 of about 159 results (0.115 seconds)

1798

Respublica Vs. Cobbett

Court : US Supreme Court

..... a state in the circuit court, and such is the uniform opinion of all who have ever commented on the constitution or expounded the law. 2 federalist 317-318, 323, 327; 2 dall. 436, 299, 402, 415. but surely the amendment to the constitution must put an end to every difficulty. it ordains ..... to the state courts, and not to the supreme court, and the generality of the terms might, upon the opposite construction, be extended to cases evidently not included in the reason of the provision or excluded by other parts of the law -- to suits below the value of $500, to suits for costs, ..... shall have original, but not exclusive, jurisdiction." when these exceptions were made, the concurrent jurisdiction of the state courts existed to satisfy them, and the act of congress does not, in any other section, name or describe the case of a state either upon the principle of an original, exclusive, or ..... judicial authority in the federal government, being a case between a state and a subject of a foreign state; art. iii, s. 2, that the 11th section of the judicial act, gives the circuit court "original cognizance, concurrent with the courts of the several page 3 u. s. 468 states, of all ..... an original jurisdiction, which, however, does not preclude the exercise of jurisdiction by way of appeal, particularly where the act of the state itself in resorting to her own tribunal leaves no alternative. ii. nor is there anything in the peculiar nature of the present suit to bar the federal jurisdiction. it is an .....

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Apr 06 1903 (FN)

Shurtleff Vs. United States

Court : US Supreme Court

..... the only restraint in cases such as this must consist in the responsibility of the president, under his oath of office, to so act as shall be for the general benefit and welfare. it may be, perhaps, that the suggestion above indicated of the purpose of the statute as evidenced by this ..... appear in the findings of the court of claims, are that the appellant was nominated on july 17, 1890, to be one of the general appraisers of merchandise under the act of june 10, 1890, chapter 407, 26 stat. 131, and that nomination was consented to on the following day by the senate, ..... of constitutional page 189 u. s. 315 or statutory provision, the president can, by virtue of his general power of appointment, remove an officer, even though appointed by and with the advice and consent of the senate. ex parte hennen, 13 pet. 230; parsons v. united states, 167 u. s. 324 , and cases ..... the senate) with reference to his constitutional responsibility to see that the laws are faithfully executed. art. ii, sec. 3. in blake v. united states, 103 u. s. 227 , there were two constructions that might have been placed upon the act there under consideration, determining the tenure by which army and naval officers ..... in the statute. if this be true, a complete revolution in the general tenure of office is effected by implication with regard to this particular office. we think it quite inadmissible to attribute an intention on the part of congress to make such an extraordinary change in the usual rule governing the .....

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Jul 20 1907 (PC)

Emperor Vs. Ganga Prasad

Court : Allahabad

Reported in : (1907)ILR29All685

..... that the words are wide enough to include such evidence, and i do not think that judicial interpretations can properly limit their scope either in view of general considerations about the policy of protecting witnesses from being harassed or of the absence of any prosecutions being hitherto instituted in such cases.'49. mr. justice fulton ..... of the code, when they were considering this new offence they were creating. they could easily have provided for it had they intended to make it part of the law among the various exceptions contained in the code. sections 77 and 79 and the exceptions to section 499, if i may use the expression, just ..... intended to be and is an act consolidating, defining and amending the law of evidence. it is an act based on the english law of evidence modified to suit india. as section 2 of the act shows, all rules of evidence not contained in any statute, act or regulation in force in any part of british india wore expressly repealed.32 ..... i.l.r., 11 mad., 477 sir a. collins, c.j., applied the observations of cook burn, c.j., in the case of seaman v. netherclift (1876) l.r., 2 c.p.d., 58, and of field, j., in goffin v. donnelly (1881) l.r., 6 q.b.d., 807 as to the rules of public ..... the interest of the individual to that of a higher interest, viz., public justice, and referred to an earlier case, hindi v. bandhy (1876) i.l.r., 2 mad., 13. shephard, j., relied particularly upon baboo gunnesh dutt singh v. mugneeram chowdhry (1872) 11 i.l.r., 321. the indian evidence .....

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Oct 15 1919 (PC)

In Re: Jivanlal Varajrai Desai

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 .....

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Oct 15 1919 (PC)

In Re: Jivanlal Varajray Desai and ors.

Court : Mumbai

Reported in : (1920)ILR64Bom418

..... 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 diameter ..... 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 ..... the plain issue is what are 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 when ..... riots 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 ..... us 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 .....

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Mar 13 1933 (FN)

Burnet Vs. Brooks

Court : US Supreme Court

..... the circuit court of appeals for the second circuit syllabus 1. in computing the tax on the transfer of the estate of a nonresident decedent under the revenue act of 1924, 301-304, that part of the gross estate was to be returned and valued "which at the time of his death is situated in the united states." held: page 288 u ..... the reach of the power which the united states by virtue of its sovereignty could exercise as against other nations and their subjects without violating any established principle of international law. this view of the scope of the sovereign power in the matter of the taxation of securities physically within the territorial limits of the sovereign is sustained by high ..... international relations. p. 288 u. s. 396 . 4. taxation by one nation of securities belonging to a nonresident alien which are physically within its jurisdiction violates no principle of international law. p. 288 u. s. 396 . 5. the remedy for multiple taxation resulting from several nations having jurisdiction to tax the same interest on distinct grounds -- citizenship, domicile, source of ..... of foreign and domestic commerce, department of commerce (january, 1928), pp. 20, 21; "double taxation and tax evasion," report of the general meeting of government experts to league of nations, document c. 562, m. 178, 1928, ii, 49, pp. 22-24; fifth general congress, international chamber of commerce, amsterdam, 1929, resolution no. 1, annex, p. 11; washington congress, 1931, international chamber of commerce .....

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Aug 03 1933 (PC)

Rao Masoom Ali Khan Vs. Rao Ali Ahmad Khan

Court : Allahabad

Reported in : 147Ind.Cas.148

..... , and civil procedure.30. criminal law, including criminal procedure.41. legislation in regard to any provincial subject, in so far as such subject is in part ii 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.36. schedule i part ii-provincial subjects contains:1. local ..... legislate on the 'constitution, powers, maintenance and organisation' of the high court and chief court.41. that the local legislature has exercised such powers is shown by the oudh courts act, u.p. act iv of 1925, which states in the preamble that the governor-general has given his previous sanction required by section 80-a sub-section (3) of the government of india ..... 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.56. to show that the high court has superintendence over the election court under section 107, government of india ..... a civil court decree or order, namely, as if it were an order passed by the collector in proceedings under the agra tenancy act, or the oudh rent act.11. a close scrutiny of the provisions of the district boards act itself leads me to the conclusion that it was never the intention of the local legislature that the district judge's court was .....

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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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Apr 07 1938 (PC)

Nawab Mirza Mohammad Kazim Ali Khan and Nawab Fakhr Zahan Begam Vs. Na ...

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 .....

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Feb 12 1940 (FN)

Fha Vs. Burr

Court : US Supreme Court

..... by implied exceptions, it must be clearly shown that certain types of suits are not consistent with the statutory or constitutional scheme, [ footnote 3 ] that an implied restriction of the general authority is necessary to avoid grave interference with the performance of a governmental function, or that, for other reasons, it was plainly the purpose of congress to use the "sue ..... sued without its consent. there, no consent whatsoever to "sue and be sued" had been given. here, the situation is different. sec. 1 of title 1 of the national housing act (act of june 27, 1934, c. 847, 48 stat. 1246) authorized the president "to create a federal housing administration all of the powers of which shall be exercised by a federal ..... be. clearly the words "sue and be sued," in their normal connotation, embrace all civil process incident to the commencement or continuance of legal proceedings. garnishment and attachment commonly are part and page 309 u. s. 246 parcel of the process, provided by statute, for the collection of debts. [ footnote 4 ] in michigan, a writ of garnishment is a civil process ..... books of reference, and for paper, printing, and binding) as are necessary to carry out the provisions of this title and titles ii and iii, without regard to any other provisions of law governing the expenditure of public funds." sec. 2 gave limited authority to the administrator to insure financial institutions; 3, authority to make loans to such institutions. since the administrator could .....

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