Court : Supreme Court of India
..... order dated 10.10.2018, the high court while dismissing the writ petition granted liberty to the appellant to avail remedy under section 30 of the armed forces tribunal act, 2007.2. on 4th december 2004, the appellant and deceased (lance naik kala singh) were posted for duty with the 13 field regiment at ferozepur ..... learned counsel for the appellant has taken us through the notes of evidence and findings recorded by the court martial as well as by the armed forces tribunal (for short, the tribunal ). his basic contention is that the case will be governed by exception 4 to section 300 of ipc. he submitted that the incident ..... court of punjab and haryana. the high court transferred the matter to the armed forces tribunal, chandigarh. by the impugned judgment, the armed forces tribunal, chandigarh dismissed the petition and confirmed the conviction and sentence of the appellant. against the impugned order of the tribunal, the appellant again filed a writ petition before the hon ble high court .....
Tag this Judgment!Court : US Supreme Court
..... only legal authority which they and their party recognized, "that general micheltorena is a traitor to his country, and as such he ought to be presented to the tribunals of the republic, to be judged in accordance with the laws. 2d. that the assembly should in the interim regulate all the branches of the administration. 3d ..... command of micheltorena. on the other hand, alvarado and castro, in january, 1845, denounced the governor to the departmental assembly, "that he appointed as commander of armed adventurers the same sutter, of whom there is sufficient evidence that he seeks to possess himself of the department, attacking the national integrity, a proof that the ..... s. 268 him for this purpose." he says: "considering the movement of sutter and his conduct as an arbitrary act of his own, unauthorized by the government, and knowing positively that he is organizing a force, composed of adventurers and indians, to attack this garrison, i assure your excellency that i am in a condition to .....
Tag this Judgment!Court : US Supreme Court
..... void, might possibly have some weight on the trial of an indictment in a criminal court. but precedents from that source cannot be received as authoritative in a tribunal administering public and international law. on this first question, therefore, we are of the opinion that the president had a right, jure belli, to institute a ..... nations, as the state of rhode island confessedly possessed no power under the federal constitution to declare war. congress, on the 6th of august, 1862, passed an act confirming all acts, proclamations, and orders of the president after the 4th of march, 1861, respecting the army and navy, and legalizing them, so far as was competent for ..... the opinion of the court observed, among other things, that "if the government of rhode island deemed the armed opposition so formidable and so ramified throughout the state as to require the use of its military force and the declaration of martial law, we see no ground upon which this court can question its authority. it .....
Tag this Judgment!Court : US Supreme Court
..... be considered, it will be difficult to conclude that the capture under consideration was not warranted by law. this page 69 u. s. 421 last-named act evidently contemplated captures by the naval forces distinct from maritime prize, for the secretary of the navy, by his order of march 31, 1863, directed all officers and sailors to turn over to ..... of red rever. the insurgents now evacuated the district in such a way that most of that part of it on the river fell under the control of the union arms. this control, however, did not become permanent. the insurgents rallied, and returning, reinstated themselves. the union troops fell back, leaving the district occupied as it had been ..... in the national treasury, so that any person asserting ownership of it may prefer his claim in the court of claims under the said act, and on making proof to the satisfaction of that tribunal that he has never given aid or comfort to the rebellion, have a return of the net proceeds decreed to him. in the spring .....
Tag this Judgment!Court : US Supreme Court
..... for the trial there of a citizen in civil life not connected with the military or naval service, by a military tribunal, for any offence whatever. 10. cases arising in the land or naval forces, or in the militia in time of war or public danger, are excepted from the necessity of presentment or indictment ..... because congress had declared penalties against the offences charged, provided for their punishment, and directed that court to hear and determine them. and soon after this military tribunal was ended, the circuit court met, peacefully transacted its business, and adjourned. it needed no bayonets to protect it, and required no military aid to execute ..... authority of law, formed a new and independent constitution and proceeded to assert its authority by force of arms. the old government resisted this, and, as the rebellion was formidable, called out the militia to subdue it and passed an act declaring martial law. borden, in the military service of the old government, broke open the house .....
Tag this Judgment!Court : US Supreme Court
..... cause certain records to be made, after which the page 73 u. s. 167 vote and the entry thereof an the county records, shall have the force and effect of an act of the general assembly. that neither contracts made under propositions thus adopted, nor the taxes appointed for carrying them out, can be rescinded. that money raised ..... said mr. justice grier, in an analogous case, is a remedy, according to well established principles and usages of law, to compel any person, corporation, public functionary, or tribunal, to perform a duty required by law, where the duty sought to be enforced is clear and undisputable, and the party seeking relief has no other legal remedy. [ ..... compel the proper officers of the corporation to assess a tax for the payment of the judgment. [ footnote 15 ] circuit courts, by virtue of those acts of congress, became armed with the same forms of writs and executions and vested with the authority to employ the same modes of process as those in use in the state courts .....
Tag this Judgment!Court : US Supreme Court
..... and for the manufacture of arms and ordnance for the military defences of the state." and by it created a "military board," to carry out the purpose indicated in the title. under the authority of this act, military forces were organized. on the same day, the legislature passed a further act, entitled " an act to provide funds for military ..... would not pay the bonds transferred to them by such usurping government. on the 10th october, 1865, the provisional governor of the state published in the new york tribune, a " caution to the public, " in which he recited that the rebel government of texas had, under a pretended contract, transferred to white & chiles ..... disorder, violence, and to punish, or cause to be punished, all disturbers of the public peace and criminals, either through the local civil tribunals or through military commissions, which the act authorized. it provided, further, that when the people of any one of these states had formed a constitution in conformity with that of the .....
Tag this Judgment!Court : US Supreme Court
..... with the said troops of the said united states in the prosecution of their said expedition against the confederate states, and then and there, with force and arms and with the traitorous intention of cooperating with the said troops of the united states in effecting the object of the said hostile expedition, did array ..... there intercourse otherwise than of this character. the rebellion was simply an armed resistance to the rightful authority of the sovereign. page 76 u. s. 201 such was its character in its rise, progress, and downfall. the act of the confederate congress creating the tribunal in question was void. it was as if it were not. ..... in a hostile and warlike manner against the said confederate states; and then and there, with force and arms, in pursuance of such his traitorous intentions, he, the said james hickman, with the said persons, so as aforesaid assembled, armed, and arrayed in manner aforesaid, wickedly and traitorously did levy war against the said confederate states .....
Tag this Judgment!Court : US Supreme Court
..... account of these bonds. the bill set forth the issue and delivery of the bonds to the state, the fact that they were seized by a combination of persons in armed hostility to the government of the united states, sold by an organization styled the military board, to white & chiles for the purpose of aiding the overthrow of the ..... other places, dealing in stocks, spoke to the agent who had caused it to be inserted in the tribune about it. it was testified also that after the commencement of the suit, white & chiles said that they had seen it. the rebel forces being disbanded on the 25th may, 1865, and the civil officers of the usurping government of texas having ..... endorsement of the bonds by the governor of texas necessary to make them available in the hands of the holder. under these acts, the military board, on the 12th january, 1865, a date at which the success of the federal arms seemed probable, agreed to sell to white & chiles a large number of these bonds, then in the treasury of texas, .....
Tag this Judgment!Court : US Supreme Court
..... nearly three-quarters of a century, the soundness of this construction was never called in question by any legislation of congress or the opinion of any judicial tribunal. numerous acts, as already stated, page 79 u. s. 657 were passed during this period authorizing the issue of notes for the purpose of raising funds or obtaining ..... the nature of the constitution itself as creating a government of enumerated powers; the legislative exposition of nearly three-quarters of a century; the opinions of judicial tribunals, and the recorded utterances of statesmen, jurists, and commentators, it would seem impossible to doubt that the only standard of value authorized by the constitution was ..... the notes of the united states issued under the legal tender act rose in value in the market as the successes of our arms gave evidence of an early termination of the war, and that they fell in value with every triumph of the confederate forces. no legislation of congress declaring these notes to be money .....
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