Judgment Search Results Home > Cases Phrase: campbell s lord acts english Court: guwahati Page 1 of about 25 results (0.033 seconds)

Smt. Maya Rani Ghosh Etc. Vs. State of Tripura and ors.

Court : Guwahati

..... above, that the indian fatal accidents act, 1955 (which we have been referring to as 'the act of 1855') was based on the english fatal accidents act, 1846, which is popularly known as lord campbell's act.44. ..... of the fact that there was a firm, though subtle, distinction between 'action' and 'suit', section 2 of the english fatal accidents act, 1846, made it clear that either a person could initiate an 'action' or a 'suit' for damages, but ..... by introducing the fatal accidents act, 1846, popularly known as lord campbell's act, a limited measure of protection, as pointed out above, was accorded to the interests of dependants of a person, who died ..... for the purpose of ascertaining as to what meaning the words 'suit' and 'action' carried in english law, when the act of 1855 was brought in force, we have to necessarily look into the evolution of the 'courts of common law' as distinguished from the 'courts of equity' and also the gradual ..... english fatal accidents act, 1846, made it clear that a person could either initiate an action, for damages, in the court of common law or a suit, for damages, in the court of equity, on the strength of the substantive right to claim damages having been given under the english fatal accidents act ..... give substantive right to a person, who was left as a widow, widower, parent and child of a person, who had died due to wrongful act, neglect or default of another person, fatal accidents act, 1846, popularly known as lord compbell's act, was enacted in england. .....

Salemfort Khonglah Vs. State of Assam and ors.

Court : Guwahati

..... not specifically expressed, communication of the reasons to the concerned person as to why security is being insisted upon will ensure fairness; act as a check against arbitrariness; promote good administration and also further the constitutional scheme envisaged by part xiii of the constitution. ..... mutual obligations having been noticed, the court can only require the transporter to comply with the requirements spelt out by the act as noticed above and the authority at the two check-posts to arrive at the requisite satisfaction on materials that are relevant ..... must also be noticed at this stage that there is no power vested in any authority by the act, as none can be to levy any tax on the goods at the entry check gate.5. ..... a judge should ask himself the question how, if the makers of the act had themselves come across this ruck in the texture of it, they would have straightened it ..... a judge must not alter the material of which the act is woven, but he can and should iron out the creases.' ..... it would certainly save the judges trouble if the acts of parliament were drafted with divine prescience and perfect ..... the authority at the check gate is required by the act to satisfy itself that the documents as well as the goods actually carried in the truck are in order and thereafter a transit pass is required to be issued to facilitate further movement within the ..... 'the english language is not an instrument of mathematical ..... the following observations of lord denning in seaford court estates ltd. .....

R.S. Sodhi and anr. and Vs. Partha Pratim Saikia

Court : Guwahati

Reported in : [2009]151CompCas583(Gauhati)

..... tune with the development of law, in the united states, as regards criminal liability of corporate bodies, the english courts have also come to take the view that a company can be prosecuted for the unlawful conduct of its officers subject to limitation that the unlawful conduct has arisen out of an act done or omitted to be done by an officer or agent, who was authorised by the company to deal ..... . the 19 american jurisprudence 2d (paragraph 1434), while dealing with the subject of criminal liability of corporations, states as under:lord holt is reported to have said (anonymous, 12 mod 559, 88 eng reprint 1164) that 'a corporation is not indictable, but the particular ..... . (supra) by lord reid, a living person has a mind, which can have knowledge or intention or be negligent and he has hands to carry out his intentions ; a corporation has none of these and it must act through living persons, though not always one or the same person; then, the person, who acts, is not speaking or acting for the company, he is acting as the company and his mind, which directs his acts, is the mind of the company and, in such ..... 845 of [1917] 2 kb): 'the authorities cited by my lord makes it plain that while prima facie, a principal is not to be made criminally responsible for the acts of his servants yet the legislature may prohibit an act or enforce a duty in such works as to make the prohibition or the duty absolute; in which the principal, is liable if the act is, in fact, done by his servants .....

Radhabari Tea Co. P. Ltd. Vs. Mridul Kumar Bhattacharjee and ors.

Court : Guwahati

Reported in : [2010]153CompCas579(Gauhati)

..... the provisions, which we find contained in chapter vi, are provisions, which were introduced, for the first time, in the indian companies act, 1913, in the form of section 153-c, section 153-c being based, in turn, on section 210 of the english companies act, 1948 which had introduced, for the first time, in england, the scheme, which we, now, find incorporated in sections 397 and 398 ..... notice to the party concerned and provided further that no such agreement shall be modified except after obtaining the consent of the party concerned;(f) the setting aside of any transfer, delivery of goods, payment, execution or other act relating to property made or done by or against the company within three months before the date of the application under section 397 or 398, which would, if made or done by or against an individual, be deemed ..... lord ..... er 1120 at 1126 (ca), of the lord president (lord cooper) in scottish co-operative wholesale society ..... basis of the doctrine of ultra vires by lord halsbury in 1902, in london county council ..... and developed by lord selborn in attorney ..... . the house of lords observed:the purpose of the article is plain: to prevent sales of shares to strangers so long as other members of the appellant company are willing to buy them at a price prescribed by the article and this ..... . the house of lords came to the conclusion that the purchase was not in terms of the articles and that the transfer ..... [1959] 29 comp cas 1 (hl) and of lord wilberforce in ebrahimi v. ..... house of lords, .....

J.C. Medhi, Registrar, Assam High Court Vs. Frank Moraes, Resident Edi ...

Court : Guwahati

..... scrutiny and respectful, even though outspoken, comments of ordinary men.but where the publication creates a mischievous effect on the public mind leading to the impression that the chief justice was or the judges were acting like arbitrary despots in order to enforce their authority, and that, although under the rules the action of the university was justified, yet this court interfered in its extraordinary powers in order to assist a person ..... the court announced this judgment against the university on 18-8-1953.it will appear even to a casual reader from the perusal of the report about the case that the correspondent was none too strong in english nor did he know about court matters, and he could hardly distinguish between a suit or a proceeding and had hardly any idea as to what a 'writ' means. ..... one cannot over-emphasise the memorable words of lord atkin in this context in the case of - andre paul terence ambard ..... such an object is published; but it is to be remembered that in this matter the liberty of the press is no greater and no less than the liberty of every subject of the queen.the salutary warning conveyed in the above dictum of lord russell has to be undoubtedly kept in view. ..... i am therefore in full agreement with my lord the chief justice in the order he has ..... after hearing the case, my lord the chief justice and my learned brother deka, ..... ' this according to lord harwicke is 'scandalising the court or a judge (1900-2 qb 36 ..... it was pointed out by lord russell of killowen, c, .....

Shree Pacetronix Ltd. and anr. Vs. State of Assam and ors.

Court : Guwahati

..... case...must, we think, likewise be regarded as decisions on the relevant statutory provisions for compensation even though these parts were somewhat broadly expressed and the correctness of the decision was doubted by the house of lords in woolfson....the true position, it is submitted, is that a facade concealing the true facts is not an essential element in interpretation cases; it is this which distinguishes them from the 'corporate veil ..... controls the composition of its board of directors; or(b) that other -(i) where the first-mentioned company is an existing company in respect of which the holders of preference shares issued before the commencement of this act have the same voting rights in all respects as the holders of equity shares, exercises or controls more than half of the total voting power of such company;(ii) where the first-mentioned company is any ..... case under section 210 of the companies act, 1948 and viscount simonds said:.i do not think that my own views could be stated better than in the late lord president cooper's words on the first ..... 'undertakings, a much wider and looser concept' and said that this is 'what one would expect, because it would be inappropriate to apply rigidly in the sphere of company law the doctrine referred to by english lawyers as that of salomon v ..... after referring to several english and indian cases, ..... . law on english law) on the question whether a parent company and its subsidiary were separate 'undertakings' within the meaning of the .....

Ka Ron Lanong Vs. the State of Assam

Court : Guwahati

..... in the second case, a similar point arose and although viscount simon and lord wright held that the doctrine of frustration may in certain circumstances apply to a lease, lord killowen and lord goddard held that it can never apply to put an end to a lease; but it was held in the circumstances of that case that ..... also that to the extent that the indian contract act deals with a particular subject, it is exhaustive upon the same and it is not permissible to import the principles of english law 'de hors' to these statutory provisions. ..... , reported in 1944 ac 265--that 'though it has been constantly said by highauthorities including lord sumner that the explanation of the rule is to be found in the theory thatit depends on an implied condition of the contract,that ..... the court of appeal was however reversed by the house of lords and the way in which the law was stated by denning ..... case was considered in a later case of the house of lords in 1943 to which i have already referred and was distinguished ..... but the house of lords case was confined to the fact of that particular case and the house of lords clearly recognized the rule that money paid cannot be recovered where the interpretation is that the party agreed to pay the money ..... it was further observed in the house of lords case referred to above as follows: 'it is of the utmost importance that the action of a court when it decides that in view of a supervening situation the rights and obligations under a contract have automatically ceased, .....

Shree Sanyeeji Ispat Pvt. Ltd. and anr. Vs. State of Assam and ors.

Court : Guwahati

..... if the court is satisfied, on proper and adequate materials placed by the government, that overriding public interest requires that the government should not be held bound by the promise, but should be free to act unfettered by it: and that (2) no representation can be enforced, which is prohibited by law, means that if the person or authority making the representation or promise has the power to carry out the ..... the present case, pournami oil mills : [1987]165itr57(sc) , also raised the similar question, namely, as to whether, without a notification having been issued under section 10 of the kerala general sales tax act, 1963, which contained provisions empowering the government to grant exemption from payment of sales tax, a mere notification issued by the government, on april 11, 1979, granting exemption from sales tax can be ..... that when the statute does not contain a provision enabling the government to grant exemption, it would not be possible to enforce the representation against the government, because the government cannot be compelled to act contrary to the statute ; but if the statute confers power on the government to grant the exemption, the government can legitimately be held bound by its promise to exempt the promisee from payment ..... of the city of bombay : [1952]1scr43 deviated from the traditional views of the english courts and can be treated as the path-breaking judgment on the doctrine of promissory ..... '. but it was lord atkin who, as in so many other spheres, put .....

Hardeodas Jagannath Vs. Income-tax Officer, Shillong, and Others.

Court : Guwahati

..... the provision of section 34 are applicable;(2) the exisgencies of the state require that there should be a tribunal to expeditiously and at a small expense decide questions which arise in the matter of assessment;(3) machinery has been created by the act for the determination of the liability of an individual for assessment and the extent thereof;(4) it is that machinery and that alone which can be used for the purposes of assessment and all complaints against such assessment ..... 226 of the constitution it is prayed : (1) that a writ of mandamus be issued calling upon the respondent to withdraw and cancel and forbear from giving effect to the notice under sections 28(3), 46(5a) and proceedings under section 46(2) of the act; (2) a writ of certiorari calling upon the respondent to send for the records of the case and quash the assessment for 1958-59; and (3) a writ of prohibition calling upon the respondent to cancel and forbear from giving ..... the liability is imposed by the charging section namely section 38(of the english act) the words of which are clear. ..... it is no exercise of discretion at all, and in such cases too the high court might interfere.the advocate-general relied on the case of lord krishna sugar mills ltd. v. ..... the observation of lord esher m.r. ..... lord sumner dealing with the power of the superior court to interfere with the order of the inferior court by issuing a writ of certiorari observed in the following terms :"that the superior court should be bound by the record is .....

Union of India (Uoi) Vs. Ram Kamal Bezbarua and ors.

Court : Guwahati

..... action would lie against the secretary of state are- (1) acts professedly done under the sanction of the municipal law and in the exercise of powers conferred by that law and similarly acts for which there is an enforceable statutory obligation, (2) acts of detention by the government or jits officials, of lands, goods or chattels belonging to the subject including acts of trespass, and (3) acts expressly authorised by the government or where the government has ..... raised before the learned chief justice was that courts of law in india cannot compel the government to justify its acts as being within the law and cannot give protection to the subject if the government affects his rights or imposes ..... is whether and to what extent, if any, the government of india could claim immunity under the government of india act, 1935, against its subjects on the ground that impugned acts were clone or committed in the exercise of the sovereign powers of the state or that they were torts committed by ..... to a passage from the judgment delivered by lord atkin wherein the learned lord observed as follows:-- 'the governor acting under the deportation ordinance acts solely under executive powers, and in no ..... under the sanction of municipal law are not outside the jurisdiction of municipal courts, it was recognized in this case also that acts done by the government in the exercise of sovereign powers for making peace and war or concluding treaties obviously do not fall within the province of ..... english .....