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Judgment Search Results Home > Cases Phrase: oudh laws act 1876 preamble 1 oudh laws act 1876 Page 1 of about 13,813 results (0.622 seconds)

Oct 05 1936 (PC)

The Rajah of Vizianagaram Vs. the Secretary of State for India in Coun ...

Court : Chennai

Reported in : (1936)71MLJ873

..... disqualified within the meaning of the act. (vide the preamble to the madras court of wards regulation v of 1804.) the act is not intended to override private rights. as observed by sulaiman, c.j.:a ward with certain disabilities is a creation of law and can have no existence outside the law. kaulpati kunwar v. ram baran singh i.l.r.(1932) 54 all. 954 ..... ward of court he becomes so to speak a minor or lunatic for all purposes. there is nothing in narendra bahadur. singh v. the oudh commercial bank, ltd. (1921) 42 m.l.j. 58 : l.r. 48 494 : i.l.r. 43 all. 478 which supports these observations.57. it is argued that in cases where the court of wards takes superintendence ..... , he is incapable under the general law of acting by himself and has to be represented by a next friend or guardian as the case may be, but if he is not, his incapacity must be such as is imposed by the act. in defining the extent of incapacity of a ward under the oudh land revenue act of 1876 the privy council in dhanipal das ..... v. maneshar bakhsh singh (1906) 16 m.l.j. 292 : l.r. 33 indap 118 : i.l.r. 28 all. 570 make the following observation:from a perusal .....

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Jun 13 2013 (FN)

Apollo Engineering Limited Vs. James Scott Limited

Court : UK Supreme Court

..... not one thing, it must be the other. 15. mr ellis suggested that section 3 of the 1972 act was a provision of a kind referred to in the preamble to section 40(1) of the 1988 act because, as properly construed, it excluded an appeal to the supreme court. as he put it, nothing done ..... that court to the house of lords at or immediately before 1 october 2009: constitutional reform act 2005, section 40(3), read together with the constitutional reform act (commencement no 11) order 2009 (si 2009/1604). section 3(2) of the appellate jurisdiction act 1876 provided that an appeal lay to the house of lords from ..... leave however, its petition of appeal must be certified by two counsel as reasonable the test for which is whether the appeal raises arguable points of law which are of general public importance: uprichard v scottish ministers [2013] uksc 21, per lord reed at paras 58-63. it must be emphasised that ..... any order or judgment of any court in scotland from which error or an appeal at or immediately before the commencement of that act lay to the house of lords by common law or statute. lord keith of ..... to the same qualification. 19. the common law right of appeal which had existed since the treaty of union of 1707 was not at first under any restriction, and it was too easily open to abuse: see lord brodie's chapter in the judicial house of lords 1876-2009 (2009), part d, regional perspectives, .....

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Dec 31 1969 (HC)

Karamat Khan Vs. Sami-ud-dIn and ors.

Court : Allahabad

Reported in : (1886)ILR8All409

..... reason of the sale of the 20th november 1876, the nature of his means of benefiting by the mortgage were necessarily changed. neither the preamble nor section 1 of the act contains any saving clause which could justify the interpretation that all the conditions included in a usufructuary mortgage ..... be no doubt that himayat 'held' the 5 biswas share of the sir. then, the question is, what is the effect of this view of the law? although the mortgage of 1869 must not be so affected as to deprive the mortgagee of all his rights, yet by the terms of section 7, and by ..... the mortgage of 1869 was executed with the consent of fida husain and wahid-un-nissa. it therefore appears that these two persons have no defence, either in law or equity, to the plaintiff's suit, with reference to their shares, and for the purpose of obviating the consequences of the lien of 1869.2. then ..... biswas share of the zamindari. upon the death of ahmad husain, the sir-land, to the extant of his share, would devolve, according to the muhammadan law, upon his sons fida husain, ala husain and jamal husain and his widow wahid-un-nissa the devolution would be in certain proportions which it is unnecessary to ..... judge, and he, in a judgment which went fully into the facts, arrived at a conclusion which, in my opinion, is unsound in law. first, with reference to the 2 1/2 biswas share of the sir-land which would be the share of fida husain and wahid-un-nissa, he dismissed the claim on .....

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1881

Louisiana Vs. Pilsbury

Court : US Supreme Court

..... city council of any year shall be null and void unless the ordinance imposing the special tax designated shall have been previously passed. the act of 1876 declares that all laws requiring or authorizing the city council to levy any tax for bonds or interest on bonds other than premium bonds are repealed, and, ..... and principal. we shall not waste words upon the scheme thus developed to evade the just obligations of the city. notwithstanding the declaration in its preamble, that the act seeks from the creditors the indulgence necessary "for the public wellbeing and the maintenance of the public honor," it is, so far as the consolidated ..... other obligations of the city. at the expiration of the three months, the bond numbers of the drawn series were to be placed in a wheel and 1,176 prizes, amounting to $50,000, were to be drawn and distributed. under this plan, the city was to be released from payment of the ..... and carrollton for bonds to be known as premium bonds of the city, the latter to be of the denomination of twenty dollars and dated sept. 1, 1875, each bearing five percent interest from july 15 of that year, the interest and principal to be paid at the same time and not separately ..... louisiana v. pilsbury 105 u.s. 278 error to the supreme court of the state of louisiana syllabus 1. the act of the general assembly of the state of louisiana of feb. 23, 1852, entitled "an act to consolidate the city of new orleans and to provide for the government and administration of its affairs," is .....

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Aug 28 1925 (PC)

The Secretary of State for India in Council Represented by the Collect ...

Court : Chennai

Reported in : AIR1926Mad706; (1926)50MLJ699

..... crown. this contention has been to my mind conclusively answered by the learned government pleader who appeared for the secretary of state. the parliamentary act, 3 & 4 will. iv, c. 85, both in the preamble and in section 1, provides and declares that the territories, revenues, etc., of india in the possession and under the government of the company shall remain and be ..... with, and that, if he had received better legal advice, the ruin in which he has been involved might have been less complete. the government must not merely let the law take its course, but must exercise a paternal care over the people. it has to preserve their affections as well as its own authority. in reviewing the circumstances of the ..... sovereign and that the rights were exercised by the company for the crown but that subsequent to the passing of the act the crown directly exercised those rights and not through the medium of the company.38. the royal titles act of 1876 (39 vic. c. 10) has been relied on by the plaintiff. it is urged that it refers to a transfer ..... the plaintiffs that merely because the expression used is 'queen empress' and that title was conferred on her majesty only in 1876 the act must on that ground be confined in its operation only to grants or transfers made subsequent to 1876. the mere fact that a person is referred to in a document, albeit a statute of the legislature, by his or .....

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Jan 28 1926 (PC)

The Secretary of State for India in Council Represented by the Collect ...

Court : Chennai

Reported in : 96Ind.Cas.1011

..... crown this contention has been to my mind conclusively answered by the learned government pleader who appeared for the secretary of state. the parliamentary act 3 and 4 will. iv, c. 85 both in the preamble and in section 1, provides and declares that the territories, revenues, etc., of india in the possession, and under the government of the company shall remain and ..... with, and that, if he had received better legal advice, the ruin in which he has been involved might lave been less complete. 'the government must not merely let the law take its course, but must exercise a paternal care over the people. it has to preserve their affections as well as its own authority, hi reviewing the circumstances of the ..... sovereign and that the rights were exercised by the company for the grown but that subsequent to the passing of the act the crown directly exercised these rights and not through the medium of the company.37. the royal titles act of 1876 (39 vict. ch. 10) has been relied on by the plaintiff. it is urged that it refers to a transfer ..... the plaintiffs that merely because the expression used is 'queen-empress' and that title was conferred on her majesty only in 1876, the act must on that ground be confined in its operation only to grants or transfers made subsequent to 1876. the mere fact that a person is referred to in a document, albeit a statute of the legislature, by his or .....

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Feb 17 1897 (PC)

Bama Sundari Dasi Vs. Sukurullah Kazi and ors.

Court : Kolkata

Reported in : (1897)ILR24Cal404

..... of registers of revenue-paying and revenue-free lands, and of proprietors and managers thereof.' looking at the sections to which i have referred and to the preamble [406] of the act, i think the term 'proprietor' was intended to be confined to a zemindar and not to a putnuiar; the first objection therefore ..... think that the purview of the act is shown by the preamble which runs as followswhereas it is expedient to make better ..... from whom she is claiming rent. the subordinate judge did not go into that matter at all. his judgment is absolutely silent upon the point. i am therefore of opinion that, as regards this point, which is the foundation of the plaintiff's claim, the case must be remanded to (sic ..... fails.2. another preliminary objection was taken that an appeal would not lie haying regard to section 153 of the bengal tenancy act. having regard ..... 1. the first point taken in this appeal was, that inasmuch as the plaintiff was not registered, the suit was not maintainable, having regard to sections 78 and 38 of bengal act vii of 1876. the question is, whether the plaintiff is a proprietor within the meaning of the term as used in those sections. i .....

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Oct 21 1915 (PC)

Boggiano and Co. Vs. the Arab Steamers Co. Limited

Court : Mumbai

Reported in : AIR1916Bom265; (1916)ILR40Bom529

..... benefits of act iii of 1865 though it may be a question whether the common law of england is not still applicable to them.9. in the case of the british india steam navigation company v. hajee mahomed esack and company (1881) 3 mad. 107 the court seems to have assumed it without further consideration, bat considering the terms of the preamble i should ..... . the first case in which the liability of the owner of a sea-going ship comes in question was morse v. slue (1672) 1 vent. 190; see per cockburn c.j. in the case of nugent v. smith (1876) 1 c.p.d. 423. now it is interesting to note that in that case it was argued in the lower court, though without ..... recover because the contract became impossible of performance, and it is argued that the common law of england applies because the defendants are common carriers. the following definition of a common carrier by parsons was approved by cockburn c.j. in the case of nugent v. smith (1876) 1 c.p.d. 423 .a common carrier is one who offers to carry goods ..... was very fully discussed in the case of nugent v. smith (1876) 1 c.p.d. 423 above-cited, by cockburn c.j. (though it was not necessary for the decision of the case) in order to meet the opinion expressed by brett, j. in the lower court-that by the law of england all carriers by sea were subject to the liability .....

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Oct 21 1915 (PC)

C. Boggiano and Co. Vs. the Arab Steamers Ltd.

Court : Mumbai

Reported in : 33Ind.Cas.536

..... benefits of act iii of 1865, though it may be a question whether the common law of england is not still applicable to them.9. in the case of british india steam navigation co. ltd. v. hajee mahomed esack and company 3 m. 107 the court seems to have assumed it without further consideration, but considering the terms of the preamble i should feel ..... . 85 : 84 e.r. 601 : 86 e.r. 129; see per cockburn, c.j., in the case of nugent v. smith (1876) 1 c.p.d. 423 : 45 l.j.p.c. 697 : 34 l.t. 827 : 25 w.r. 117. now it is interesting to note that in that case it was ..... recover because the contract became impossible of performance and it is argued that the common law of england applies because the defendants are common carriers. the following definition of a common carrier by parsons was approved by cockburn, c.j., in the case of nugent v. smith (1876) 1 c.p.d. 423 : 45 l.j.p.c. 697 : 34 l.t. 827 ..... of nugent v. smith (1876) 1 c.p.d. 423 : 45 l.j.p.c. 697 : 34 l.t. 827 : 25 w.r. 117, above-cited, by cockburn, c.j., (though it was not necessary for the decision of the case) in order to meet the opinion expressed by brett, j., in the lower court that by the law of england all carriers .....

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Feb 22 1918 (PC)

The Madras and Southern Mahratta Railway Company Ltd. Vs. Haridoss Ban ...

Court : Chennai

Reported in : (1918)35MLJ35

..... , if the indian act was in pari materia with the carriers act of 1830, but it is not. that was an act relieving carriers to a certain extent from their common law liability as insurers; and i may point out that in arriving at that construction baron parke took into account the preamble of the act and the object with ..... the period during which bills of lading can pass title to the goods, was considered in the leading case of barber v. meyerstein (1876) 1 q.b.d. 302 to which i have just referred, and the general effect of that decision is that the property in the goods passes by indorsement of the bill of ..... person entitled to the goods, and also the contract of carriage was at an end. the goods had found their way into the hands of the lawful owner, and therefore no one was prejudiced by the misdelivery, and no injurious consequences followed. there may have been damnum so far as the bank of ..... co. (1855) 10 ex. 793 where b. parke, held that the exemption only applied to what i may describe as accidental loss; and similarly in the subsequent case of morrit v. the north eastern railway company (1876) 1 q.b.d. 302 justice blackburn, as he then was, also observed that a misdelivery, such as ..... that with which we are dealing, would ' not be a loss covered by that act. the act was also construed in mitten v. brasch & co. (1882) .....

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