Judgment Search Results Home > Cases Phrase: civil courts amins act 1856 repealed Page 11 of about 13,898 results (0.118 seconds)

Master Divyansh Arora Minor Through His Next Friend Raj Kumar Arora vs ...

Court : Delhi

..... , however in view of the conclusion reached by the learned judge as noticed in para 91 of the said judgment (extracted hereinabove), it would not be required for the present case more so in view of the fact that the higher regional civil court at germany by its order dated 20.02.2017 has also recognized the present adoption.19. ..... since arguments were advanced with regard to the scope and interpretation of act, 2015, this court clarifies that though there is some ambiguity as to whether the act, 2015, applies to inter-country direct adoptions, yet it is of the opinion that the scope of section 60 of the act, 2015, should be expanded to cover all forms of inter- country direct adoptions. ..... however, it stated that when the adoptive parents make an application under the guardian and wards act to be appointed as the guardians of the child, the court must be satisfied that the adoption is voluntary, that the consent of the natural parents to give up the child for adoption has not been obtained through questionable means, and that the adoptive parents must ..... prior judgment, in the absence of any law on adoption, foreign parents who desired to adopt an indian child would make an application under the guardians and wards act, 1890 to be appointed as the guardian of the child after which the foreign parents would have the right to take the child out of the country. .....

Mohamadbhai Chotubhai Vs. Additional Collector of Customs

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in : (1986)LC396Tri(Mum.)bai

..... revision filed by the department was rejected by the session judge.the board committed an error in not bearing in mind the general principal of law that where a finding of fact is given by a competent judicial court, the quasi-judicial tribunals are required to accept such decisions without reservations.one of the co-accused shri ashraf had not implicated the appellant.therefore, the question of other three witnesses corroborating the appellant ..... the board also failed to take into consideration the affidavit filed by the collector of customs, ahmedabad, before the gujarat high court wherein the collector had stated that the memon group of surat had consigned smuggled goods in one car.the board further failed to take into account that at the time of seizure ..... . there was no trial before the adjudicating authority.neither the provisions of the criminal procedure code nor the provisions of evidence act are applicable to an adjudicating proceedings, but then the fundamental principles of the criminal jurisdiction embodied in the criminal procedure code and the natural justice shall have ..... case, evidence which may be available for the purposes of proceedings under section 112 may not be available or even if it is available, it may be inadmissible in regular court of law in which the admissibility and relevance of the evidence is determined with reference to the provisions of the evidence act ..... a criminal trial the criminal court is bound by the criminal procedure code and the evidence act .....

Livingston Vs. Story

Court : US Supreme Court

..... in 1835, it had been decided by this court that the act of 1792 never was in force in the new states, and that it was repealed as to louisiana; the act of 1828, which applied to the other new states, was expressly prohibited from being applied to louisiana, yet the act of 1792 was declared to be in force them ..... that is defined to be "an agreement or paction by which the vendor reserves to himself the power of taking back the thing sold by returning the price paid for it" (civil code 245), and the provision of the code regulating the right of redemption, or that "the time fixed for redemption must be rigorously adhered to, it cannot be prolonged by the judge," and ..... law of antichresis in louisiana, for the want of the necessary books, conceding, however, that if it is as the court has considered it, it gives the plaintiff a sheer legal right for the violation of which a court of equity is not the proper forum to resort, the right being in contravention of the fundamental principle of such courts, the remedy must be in a court which decides by the rules and principles of the civil law, to which code alone such a contract is known. ..... as it may, the mere inadequacy of price is of no consequence in equity; courts will never set aside a contract on this ground if it is free from all other objections; the agreements of march and june were solemn, deliberate, and executed according to the solemnities of the civil law, and were binding by all the rules and principles of the english system .....

Giles Vs. Harris

Court : US Supreme Court

..... derive an advantage from it; but the rule springing from the nature and limits of the judicial power of the united states is inflexible and without exception, which requires this court, of its own motion, to deny its own jurisdiction, and, in the exercise of its appellate power, that of all other courts of the united states, in all cases where such jurisdiction does not affirmatively appear in the record on which, in the exercise of that power, it is ..... . this case is embraced by that clause of the act of 1887-88 which provides that the circuit court shall have original cognizance "of all suits of a civil nature, where the matter in dispute exceeds, exclusive of interest and costs, the sum or value of $2,000, and arising under the constitution or laws of the united states." 2 ..... ." by that act, the conflicting provisions of previous acts were repealed, except in certain particulars, among which were the provisions relating to "any jurisdiction or right mentioned . . ..... ., and now assumes, was not repealed by any subsequent statute, and therefore that the value of the matter in dispute is of no consequence ..... . that act expressly repealed previous statutes in conflict with its provisions ..... . that question necessarily involves the inquiry whether subdivision 16 of section 629 and section 1979 of the revised statutes were repealed by later acts ..... 72 , that 1979 has not been repealed, and that jurisdiction to enforce its provisions has not been taken away by any later act. .....

Muniz Vs. Hoffman

Court : US Supreme Court

..... courts' jurisdiction to grant temporary injunctive relief or to enforce or set aside an nlrb unfair practice order shall not be limited by the norris-laguardia act), and from the legislative history of such sections, that congress not only intended to exempt injunctions authorized by the nlra and the lmra from the norris-laguardia act's limitations, including original 11 of the latter act (now repealed) requiring jury trials in contempt actions arising out of that act, but also intended that civil ..... if there is any consistency in this suggestion, it is in that dissent's consistent position that congress in 1948, without expressing any intention whatsoever to do so, made substantial changes in the right to jury trial -- including outright repeal of whatever statutory right there was to jury trial in civil contempt cases arising out of labor disputes, thereby reversing itself on an issue that had been thoroughly considered and decided some 16 years before in norris-laguardia. ..... section 10(h) was retained without significant change at the time of the 1947 taft-hartley amendments to the national labor relations act: "sections 10(g), (h), and (i) of the present act, concerning the effect upon the board's orders of enforcement and review proceedings, making inapplicable the provisions of the norris-laguardia act in proceedings before the courts, were unchanged either by the house bill or by the senate amendment, and are carried into the conference agreement. .....

Guardians Assn. Vs. Civil Svc. Comm'n

Court : US Supreme Court

..... need here for the court to be concerned with the issue whether title vi of the civil rights act of 1964 incorporates the ..... plaintiff should recover only injunctive, noncompensatory relief for a defendant's unintentional violation of title vi, that such relief should not include an award of constructive seniority, and that the court of appeals' judgment should be affirmed on this basis, since the relief denied petitioners under that judgment is unavailable to them under title vi. pp. ..... effect on the [defendant's] revenues"; injunctive relief is permissible even if it means that the defendants, in order to shape their conduct to the mandate of the court's decree, will have to spend more money "than if they had been left free to pursue their previous course of conduct." id. ..... reasonable and contemporaneous administrative construction that has been consistently adhered to for nearly 20 years, originally permitted and subsequently acquiesced in by congress, and expressly adopted by this court in lau, i would hold that title vi bars practices that have a discriminatory impact and cannot be justified on legitimate grounds. ..... unnoticed by senators keating and ribicoff, who unsuccessfully proposed an amendment adding to title vi a provision expressly allowing the institution of "a civil action or other proper proceeding for preventive relief, including an application for a permanent or temporary injunction, restraining order, or other order ..... constitute "a complete repealer of title vi," ibid .....

St. Mary's Honor Center Vs. Hicks

Court : US Supreme Court

..... in this regard it operates like all presumptions, as described in federal rule of evidence 301: "in all civil actions and proceedings not otherwise provided for by act of congress or by these rules, a presumption imposes on the party against whom it is directed the burden of going forward with evidence to rebut or meet the presumption, but does not shift to such party the burden of proof in the ..... it nonetheless held that respondent had failed to carry his ultimate burden of proving that his race was the determining factor in petitioners' decision first to demote and then to dismiss him.2 in short, the district court concluded that "although [respondent] has proven the existence of a crusade to terminate him, he has not proven that the crusade was racially rather than personally motivated." id. ..... 7the majority's effort to rewrite burdine centers on repudiating this passage, see ante, at 517-520, which has provided specific, concrete guidance to courts and title vii litigants for more than a decade, and on replacing "pretext" wherever it appears with "pretext for discrimination," 532 (quoting this language from burdine); 460 u. s ..... the majority's scheme therefore leads to the perverse result that employers who fail to discover nondiscriminatory reasons for their own decisions to hire and fire employees not only will 12 the court is unrealistically concerned about the rare case in which an employer cannot easily turn to one of its employees for an explanation of a personnel decision. .....

Meena Alias Mota Vs. Lachman Utamchand Kirpalani

Court : Mumbai

Reported in : (1959)61BOMLR1549

..... thereafter on 20th september 1956, the petitioner filed a petition in the city civil court at bombay for judicial separation alleging that the opponent had deserted him for a continuous period of not less than two years immediately before the presentation of the petition, that the desertion was without ..... 'section 10(1) either party to a marriage, whether solemnized before or afte the commencement of this act, may present a petition to the district court praying for a decree for judicial separation on the ground that the other party (1) has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition. ..... the standard of proof in cases arising under the hindu marriage act is that the court must be satisfied beyond reasonable doubt that the ground for relief is proved, and normally the court requires that the evidence of a spouse, who charges the other spouse with a matrimonial offence, should be corroborated. ..... in the contedt of matrimonial law, wilful neglect seems to me to mean that the person charged with it is consciously acting in a reprehensible manner in the dscharge of his marital obligations or is consciously failing in a reprehensible manner in the discharge of those obligations; and connotes that degree of neglect which is shown by an abstention from a obvious duty, attended by a knowledg of the likely .....

Mukesh Bhagwandas Ganatra Vs. Priti Mukesh Ganatra

Court : Mumbai

Reported in : 2003(3)MhLj408

..... fact that the appellant himself was very cautious while talking on telephone because he was knowing well that the conversation between them was being recorded by him for being used in the court, while respondent/wife was completely unaware of the fact that her husband had trapped her and was recording her telephonic talk with him. ..... the respondent with the similar vehemence tried to defend the impugned order and contended that the family court was perfectly justified in recording negative finding for want of legal proof to prove desertion by the respondent ..... in the aforesaid set of facts, the issue which needs consideration is as under:whether the family court was justified in dismissing the petition filed by the appellant seeking to dissolve marriage by decree of divorce on the grounds alleged ..... those essential conditions must continue throughout the course of the three years immediately preceding the institution of the suit for divorce, under the act, the period is four years without specifying that it should immediately precede the commencement of proceedings for divorce. ..... appellant though tried to assail the findings of the family court in this behalf but could not take his submissions to the logical end and went to the extent of conceding that no case could be said to have been made out by the appellant so far as the act of cruelty alleged to have been practiced by the respondent/wife is concerned but still he desired to have findings on merits of this issue from this court.16. .....

Mohd. Maqbool Ahmed @ Mateen and anr. Vs. the Deputy Commissioner of P ...

Court : Andhra Pradesh

Reported in : 1996(3)ALT215

..... the learned judge expressed the view:'when corporeal tangible property is seized by taking physical possession and producing it in court, the seizure is intended to have the effect of preventing the person from whom it is seized from exercising any acts of ownership or possession over that property......the only way, in which such an effect can be brought about, regarding bank balance is to issue a prohibitory order, restraining the customer from operating his account in the bank ..... (3) every police officer acting under sub-section (1) shall forthwith report the seizure to the magistrate having jurisdiction and where the property seized is such that it cannot be conveniently transported to the court, he may give custody thereof to any person on his executing a bond undertaking to produce the property before the court as and when required and give effect to the further orders of the court as to the disposal of the ..... make it clear that it is always open to the petitioners to move the criminal court after the charge-sheet is filed for appropriate orders as to the handling of bank accounts and the criminal court will pass suitable orders in the light of the fact situation.15. ..... dalmia (6 supra) and certain other rulings, the madras high court held that bank account is 'property' capable of being seized under section ..... viewed in the light of the legal position enunciated by the supreme court, the bank accounts of both the petitioners herein are 'property' within the meaning of section 420 .....