Court : US Supreme Court
..... earlier in the same year by daniel g. major, the astronomer for indian boundary surveys. [ footnote 13 ] 2 sayles' early laws of texas, p. 490. this meridian was described in the act as "the twenty-third degree of west longitude," this being the longitude from washington. the tract is that ..... this period, there has been neither a continuous assertion of a claim of right on the one side, nor an acquiescence therein upon the other. within five years after this decision, while the united states still had paramount jurisdiction as to the boundaries of the territory of oklahoma, congress ..... , 217 u. s. 42 , a principle by which prescription founded on length of time is regarded as establishing an incontestable right, does not apply here. without determining whether the period of twenty-four years which intervened between the decision in the greer county case and the filing of the counterclaim ..... immediately asserted and has continued to assert that his monument correctly located the true intersection and properly marked the boundary. and, on the other hand, although congress did not accept the kidder monument as correct, it did not at any time assert any claim that the jurisdiction of ..... mile posts" and the "initial monument" were between the two forks, that is, between these counties and greer county. [ footnote 17 ] in 1879, congress passed an act creating the northern judicial district of the state of texas, in which greer county was included. [ footnote 18 ] in january, 1882, the secretary .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1983Cal253
..... of searching for or obtaining minerals has been or is carried on. therefore, it is submitted, that the indentoure-in-question is not a void document nor the same is illegal or unenforceabla in law. on the other hand, it confers a ..... the coal particles from lands and places belonging to the state) of bihar other than from mines is not winning within the meaning of mines and minerals (regulation and development) act, 1957, it has been submitted in this connection that the work mines as defined in section 2 of the mines act, 1952 defines 'mine' meaning as any excavation where any operation for the purpose ..... agents or employees in the exercise of their rights under the said indenture dated 9-4-75 mentioned in annexure 'c' to the petition for two weeks with liberty to apply for extension of the interim order or further interim orders upon notice to the respondents. this interim order was extended until further orders by order dated 25th april, 1980.7 ..... mixed up. as regards the ejected sludge deposited in the river bed it becomes part and parcel of the river bed.3. the petitioners on 19th aug., 1974, applied to the respondent no. 2, state of bihar for permission to remove the ejected sludge deposited in the manner aforesaid for the purpose mentioned in the said letter a copy of which is .....Tag this Judgment!
Court : Rajasthan
..... notwithstanding any provisions to the contrary in any other law for the time being in force.58. under sub-section (4) of section 14, a sale by a bank of a land or interest therein in terms of sub-section (2) shall be in favour of persons as may be prescribed by the state government under section 30 of the act and shall be subject to any provisions ..... except to agriculturist belonging to sc/st.in my opinion, the restriction imposed under the rajasthan tenancy act under section 42 will not apply in the event the bank takes recourse to section 14 (4) of the act of 1974 and such restriction imposed under section 14 (4) of the act of 1976, so also, under sub-rule (14) of rule 5 that bank cannot sell the ..... land with the bank should not be sold to persons other than belonging to sc/st.67. upon perusal of the relevant provisions, though the provisions of the act of 1955 will automatically apply upon the prescribed authority when he is exercising power under section 13 of the act; but, upon examination of section 14 of the act of 1974, it appears that for protecting the rights ..... of the opinion that adjudication made by the division bench in asuram's case is proper for the purpose of section 13 of the act of 1974. therefore, the provisions of rajasthan tenancy act will apply automatically in the proceedings under section 13 of the act because till action is taken by the prescribed authority, title remains in the name of sc/st cultivator; but, as .....Tag this Judgment!
Court : Karnataka
Reported in : ILR2004KAR2413
..... is correctly decided in regard to the share allotted to a minor son at a partition, is good law. we express no opinion on the other aspect considered and decided in abdul khader in regard to definition of 'joint family' in section 2(a) (17) of the act and applicability thereof to muslims.22. the learned advocate general appearing for the state fairly, and in ..... not the only interpretation possible in respect of section 63 (2), (3) and (10). the following alternative interpretation of section 63 (2) (3) and (10) of the act, is also possible: sub-section (2) prescribes the ceiling area for a family is ten units. sub-section (3) provides that in the case of a family, the ceiling area shall be applied to the aggregate of the lands held by ..... partition will get included by virtue of sub-section (2) and (3) of section 63 read with the definition of 'family'. as a consequence the separated lands of a minor son will have to be added to the lands held by his father and other members of the 'family' and then the ceiling limit should be applied. this alternative interpretation will also be in consonance ..... allotted to a minor son at a partition which took place before 1-3-1974 should be excluded while calculating the land held by his father and his family, for applying the ceiling limitre: point (d):25. the land tribunal, has held that the partition dated 13-3-1972 was not registered, it cannot be taken into account. the learned single .....Tag this Judgment!
Court : Chennai
Reported in : 61ITR613(Mad)
..... be given its ordinary meaning and not the special meaning mentioned in the definition in section 2(nn) of the act. the preamble to section 2 of the act states that the special terms and the various definitions in that section, would apply unless the context otherwise requires. the context of section 2(q) would make it appear a that the word 'hold' is used there ..... by law, and includes an undivided hindu mitakshara family, an aliyasanthana family or branch, a murumakkattayam tarwad or a tavazhi possessing separate properties, or a nambudiri or other family to which the rule of impartibility applies, a firm or a company, an association of individuals, whether incorporated or not, and any institution capable of holding property.'section 2(u) of the act ..... income-tax officer, nannilam, by abdul khader, his wife, the guardian of haja sheriff, and other beneficiaries under section 65 of the agricultural income-tax act, 1955. holding that the provisions of section 9(2)(a)(iii) and section 9(2)(a)(iv) of the act would apply to the settlements in favour of the wife and the minor son, abdul khader was asked to ..... wife gratuitously and the income from the asset transferred to the minors child other than a married daughter gratuitously shall be included; but proceedings for composition under section 65 of the act is different from assessment proceeding after computing the agricultural income and therefore section 9(2) cannot be applied in the course of the composition for the purpose of adding to .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1935Bom16; (1934)36BOMLR1041; 155Ind.Cas.564
..... as to entitle the defendant to refuse to complete the contract and accept the conveyance?the relevant provisions of the law are sections 55 of the transfer of property act and 25 of the specific relief act. section 55 provides:in the absence of a contract to the contrary...,(1) the seller is bound-(a) to disclose ..... even though the court takes a favourable view of the title if it appears that its opinion may fairly and reasonably be questioned by other competent persons.7. applying these principles to the facts of the present case, i am of opinion that the liability of this property to be compulsorily acquired may ..... to the best of his information all relevant questions put to him by the buyer in respect to the property or the title thereto....clause 2 of the section provides:the seller shall be deemed to contract with the buyer that the interest which the seller professes to transfer to the buyer subsists and ..... latent, that is to say, not discoverable by the exercise of ordinary care, or if the title is not free from reasonable doubt. paragraph 2 of section 55 need not be discussed and has not been discussed in the argument. the correct view appears to be that the covenant for title in that ..... alleged defects, in the title the defendant refused to complete and demanded return of his deposit. to this letter plaintiff replied by exhibit 36 on june 2, 1927, but he did no more than state that the defendant was aware of all the facts. the defendant then rejoined by exhibit 37 denying his .....Tag this Judgment!
Court : Mumbai
Reported in : 2002(6)BomCR466; 130STC310(Bom)
..... words 'tax on luxuries' the words 'and tax by way of cess on other facilities, services, enjoyments, utilities, consumption, etc.', shall be inserted.' section 25 of the amending act reads as under : 'in section 3b of the luxury tax act, for sub-section (2) the following sub-section shall be substituted, namely :-- (2) there shall be levied a tax on a turnover of the receipts of a ..... intercourse of the country. now coming to the impugned provisions of the amended act, section 2(o-2) defines 'tobacconist', section 2(o-2)(i) defines the manufacturer who supplies tobacco whether by way of sale or otherwise, and includes any person for the purpose of business who gets the manufacturing done from any other person, whether or not on job-work basis ; but does not include ..... central excise act, 1944 or any other law for the time being in force. (3) the provisions of the central excise act, 1944 and the rules made thereunder, including those relating to refunds and exemptions from duties and imposition of penalty, shall, as far as may be, applying relation to the levy and collection of the national calamity duty leviable under this section in respect ..... based on valuation was reverted to. in addition to the above, luxuries tax at the rate of 25 per cent has been imposed on the said product. section 2 of the tariff act reads as under :'section 2 : duties specified in (the first schedule and the second schedule) to be levied.--the rate at which duties of excise shall be levied under the central .....Tag this Judgment!
Court : Kolkata
Reported in : (1893)ILR20Cal116
..... the parties are hindus, shall form the rule of decision, except in so far as such law has, by legislative enactment, been altered or abolished.(2) in cases not provided for by sub-section (1) or by any other law for the time being in force, the court shall act according to justice, equity and good conscience.129. this case is governed by the 2nd clause ..... that case was plainly obiter). this can hardly be called a course of decisions such as has been imagined.102. but, says the advocate-general, the privy council has repealed the mahomedan law. this contention, in my opinion, is wholly unfounded. the case of mahomed ahsanulla chowdhry v. amar chand kundu i.l.r. 17 cal. 498 : l.r. 17 i.a ..... tomb, and certain relations of the appropriator were appointed mutwallis. provision was also made that certain debts should be first paid, and it was declared that the manager should afterwards apply the property towards the religious uses created and the maintenance of the settlor's grandsons and their male issues, and it was held that the subject of the wakf first ..... above mentioned, we can treat this wakf as actually fulfilling the condition described.95. in the case of phate saheb bibi v. damadar premji i.l.r. 3 bom. 84 (1879), a portion of the dedicated property was said in execution of a decree against one of the beneficiaries; another beneficiary sued to set aside the sale; the only question was .....Tag this Judgment!
Court : Mumbai
Reported in : (1906)8BOMLR129
..... have been established in connection with the several states. they have different historical origins. the indian foreign jurisdiction and extradition act, xxi of 1879 (following the language of the imperial act) recites that ' by treaty, capitulation, agreement, grant, usage, sufferance, and other lawful means the governor-general of india in council has power and jurisdiction within divers places beyond the limits of british india ..... administering justice on the king's behalf, makes an order, judicial in its nature, by which some one is unjustly and injuriously affected, the person aggrieved is not precluded from applying to the king in council to redress his wrong merely by the fact that he is not the king's subject.42. the real question is whether in cases like ..... from the jurisdiction of the chiefs themselves. those officers and their tribunals are of three classes; (1) subordinate courts-which need not be further noticed in dealing with these appeals ; (2) assistant political agents' courts ; (3) the court of the political agent. to the latter officer is attached a judicial assistant, whose court forms part of that of his chief. ..... unless (a) the claim has been admitted by the tributary chief or talukdar or sub-sharer; or (b) the debt has received the written approval of the political agent.'2. against that decision the plaintiff appealed to the political agent, who on the 22nd february 1902 dismissed the appeal. on the 8th september 1902 the political agent dismissed another appeal .....Tag this Judgment!
Court : Kolkata
Reported in : (1906)ILR33Cal219
..... kinds have been established in connection with the several states. they have different historical origins. the indian foreign jurisdiction and extradition act, xxi of 1879 (following the language of the imperial act), recites that 'by treaty, capitulation, agreement, grant, usage, sufference, and other lawful means the governor-general of india in council has power and jurisdiction within divers places beyond the limits of british india ..... administering justice on the king's behalf, makes an order, judicial in its nature, by which some one is unjustly and injuriously affected, the person aggrieved is not precluded from applying to the king in council to redress his wrong merely by the fact that he is not the king's subject.42. the real question is whether in cases like ..... from the jurisdiction of the chiefs themselves. those officers and their tribunals are of three classes: (1) subordinate courts--which need not be further noticed in dealing with these appeals; (2) assistant political agents' courts; (3) the court of the political agent. to the latter officer is attached a judicial assistant, whose court forms part of that of his chief. ..... of such chief or talukdar or sub-sharer, unless(1) the claim has been admitted by the tributary chief or talukdar or sub-sharer; or(2) the debt has received the written approval of the political agent.2. against that decision the plaintiff appealed to the political agent, who on the 22nd february 1902 dismissed the appeal. on the 8th september 1902 .....Tag this Judgment!