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Indian and General Investment Trust Ltd. Vs. Sri Ramchandra Mardaraja ...

Court : Kolkata

Subject : Trusts and Societies

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 13, 14, 44A, 44A(3) and 47; ; Orissa Money Lenders Act; ;Limitation Act - Schedule - Article 183

Reported in : AIR1952Cal508

recognition of foreign judgments was at first based on the ground of reciprocity, that is to say, foreign' judgments were accepted at their face value … made ...............'The summons is now served in accordance with the rules laid, down in the Courts (Emergency Powers) Act, 1943.30. It is argued that even from the point of view of Private International Law, an agreement to be … by the A3-ministration of Justices Act, 1933: Section 9(2) (a) and the Foreign Judgments (Reciprocal Enforcement) Act, 1933, Section 4(1) (a) (ii).26. The provisions of the Foreign Judgments (Reciprocal Enforcement) Act, 1933 was extended to India and Burma

Firm Ram NaraIn Damodar Dass Malpani and ors. Vs. Trilokidas and ors.

Court : Rajasthan

Subject : Contract

Reported in : 1981WLN103

GL/11 shipped on board SS Loch Dee, arrived in Bombay in February 1943. The defendant repudiated the partnership in April 1943, and refused to give … share the profits of a business carried on by them or one of them acting for both, (see Section 4, Partnership Act., 1932 which defines the expression 'Partnership') An agreement of partnership necessarily implies one person giving a … 'promise', this kind of situation would bring into existence what is generally known as a unilateral contract. Where reciprocal promises are exchanged so that there is at least one promise on one side, forming consideration for the

Dr. Harmindar Singh Vs. Dr. Balbir Singh and ors.

Court : Punjab and Haryana

Subject : Property

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 9, 16 and 44A

Reported in : AIR1957P& H214

short of brutum fulmen an empty thunder, in the foreign Courts of Pakistan especially when there is no reciprocity between the two countries in the matter of their respective decrees as contemplated in Section 44A, Civil Procedure … principally on Venugopala Reddiar v. Krishnaswami Reddiar, reported in A I R 1943 F C 24 (A). He also referred to certain passages from English … the possession of land in a foreign country (Doulson v. Matthews, (1792) 4 TR 503 (G)) and for a claim to a title of a … of the plaintiff as against 2/3rd share of the two defendants. A local commissioner was appointed for making actual partition of the property noted against items I to 3 under Be in Schedule 'A'. Prom the decision

Markham Vs. Cabell

Court : US Supreme Court

Subject : Land Acquisition

case alleges, "A notice of this claim dated and verified January 19th, 1943, was filed with the Alien Property Custodian on or about that date … associated with the United States in the prosecution of the war, unless such nation in like case extends reciprocal rights to citizens of the United States." When it is recalled that § 9(e) was first added to … CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus 1. Section 9(a) of the Trading with the Enemy Act allows "Any person not an enemy or ally of enemy . . . to whom any debt may … Markham v. Cabell - 326 U.S. 404 (1945) U.S. Supreme Court Markham v. Cabell, 326 U.S. 404 (1945) Markham

Levinson Vs. Spector Motor Service

Court : US Supreme Court

Subject : Land Acquisition

Bulletin No. 9, Wage and Hour Division, Office of the Administrator, November, 1943, 1944-1945 WH Man. 520, 523, as follows: "4. . . ." " … or routes in accordance with the laws of each State having jurisdiction; or (9) the casual, occasional, or reciprocal transportation of passengers of property in interstate or foreign commerce for compensation by any person not engaged in … COURT OF ILLINOIS Syllabus 1. The Interstate Commerce Commission "has power," under § 204 of the Motor Carrier Act, 1935, to establish qualifications and maximum hours of service with respect to a "checker" or "terminal foreman," a … of employees of interstate motor carriers depends upon an interpretation of that section in accordance with the purposes of the Motor Carrier Act and the

Chicago and N.W. R. Co. Vs. Transportation Union

Court : US Supreme Court

Subject : Land Acquisition

any carrier growing out of any dispute between the carrier and the employees thereof." [ Footnote 2 ] Section 4 reads in relevant part: "No court of the United States shall have jurisdiction to issue any restraining order … the existing agreements to require not less than two brakemen on every freight and yard crew. The Railway reciprocated by serving upon the Union a § 6 notice requesting an agreement that would make crew size a … Petitioner railroad brought this suit (after formal procedures of the Railway Labor Act had been exhausted) to enjoin a threatened strike by respondent Union, charging

Smruti Pahariya Vs. Sanjay Pahariya

Court : Supreme Court of India

Subject : Family

Acts : Hindu Marriage Act, 1955 - Sections 9, 13B, 13B(1) and 13B(2); Family Courts Act, 1984; Special Marriage Act, 1954; Divorce and Matrimonial Causes (Amendment) Act, 1920 - Sections 4; Code of Civil Procedure (CPC) - Order 5, Rule 20; Constitution of India - Articles 32 and 142

Reported in : 2009(4)LHSC2281; 2009AIRSCW4267; AIR2009SC2840; 2009(4)ALT33(SC); 2009(4)AWC3467(SC); 2010(1)BomCR556; JT2009(8)SC146; (2009)5MLJ1203(SC); 2009(II)OLR(SC)121; (2009)155PLR473; RLW2009(4)SC3070; 2009(7)SCAL:2009AIRSCW4267:2009(4)LHSC2281

time.26. The British society was very conservative as not to accept divorce on such a ground but in 1943, Viscount Simon, Lord Chancellor, in the case of Blunt v. Blunt 1943 2 All ER 76, speaking for … choices before State page 112).23. As early as in 1920 possibly for the first time in New Zealand, Section 4 of the Divorce and Matrimonial Causes Amendment Act, 1920 gave the Court the discretion to grant a decree

R.S. Jiwani Vs. Ircon International Ltd., a Government of India

Court : Mumbai

Subject : Arbitration

Acts : Arbitration Act, 1899; Code of Civil Procedure (CPC) , 1908 - Sections 89 and 100A; Arbitration Act, 1940 - Sections 15, 16, 30 and 49; Arbitration and Conciliation Act, 1996 - Sections 4A(1), 5, 16(6), 32, 34, 34(2), 34(4), 35, 36, 43 and 86; Arbitration (Protocol and Convention) Act, 1937; Foreign Awards (Recognition and Enforcement) Act, 1961; Code of Civil Procedure (CPC) (Amendment) Act, 1999; Limitation Act, 1963; General Clauses Act, 1897; Oil Seeds (Forward Contract Prohibition) Order, 1943; Contract Act, 1872 - Sections 23, 55 and 73; Conciliation Rules

of such contracts was prohibited by Oil seeds (Forward Contract Prohibition) Order, 1943 and hence arbitration clause contained in the forward contracts in groundnuts between … the provisions of Section 23 of the Contract Act, 1872 took a view that where the contract of reciprocal promises were entered into between the parties, void part of the agreement could be separated from the valid … language of the section in regard to methodology to be adopted by the courts while enforcing the said section.4. Another very important part of the 1996 Act is its preamble. The Act was enacted to consolidate and

Ghanashyam Rath Vs. Udayanath Naik

Court : Orissa

Subject : Land Acquisition

Reported in : AIR1949Ori14

Judge of Cuttack, dated 26th July 1944, reversing a decision of the Munsif of Kendrapara, dated 13th July 1943. It raises a question which has friend the subject of several decisions of this Court in its Cuttack … force in the contention based upon Section 54, Contract Act. That section relates to a contract consisting of reciprocal promises', such that one cannot be performed or its performance cannot be claimed till the other has been … suit property executed on 7th December 1935 and a loan of RS. 49 taken by Bhagwan Pawa on 25th November 1936. The mortgage is the

Ahmed Ali Khan Bahadur (Died) and anr. Vs. Banguluru Veeralla and ors.

Court : Andhra Pradesh

Subject : CivilProperty

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 11 - Order 1, Rule 8 - Order 21, Rule 63; Transfer of Property Act, 1882 - Sections 52 and 53; Evidence Act, 1872 - Sections 40 to 44 and 115; Limitation Act, 1908 - Schedule - Article 120

Reported in : AIR1959AP280

and of Pal J., in Muhammad Juman Mia v. Akali Mudiani, AIR 1943 Cal 577 and also of Amir Ali J., in Ramdhone v. Kedarnath, … contended before the Supreme Court on behalf of the State of Orissa that the compromise was based upon reciprocal admissions and promises, that in the acknowledgment of the State's rights to the beds of the rivers is … decree was passed on 19-7-1911. Under the final decree, Hussain All Khan the 1st defendant to the partition action obtained about 124 acres of land in Cheruvu village for his shore. All the heirs of the late … judicata in a subsequent suit, and that if the necessary conditions of Section 11 of the Civil Procedure Code are complied with, a suit under … against the decision in Civil Miscellaneous Appeals Nos. 442 to 446 of 1948 which arise out of