Judgment Search Results Home > Cases Phrase: civil courts amins act 1856 repealed Page 19 of about 13,898 results (0.131 seconds)

Lindahl Vs. Opm

Court : US Supreme Court

..... as a basis for debatable speculations on what some congress other than the one that enacted the statute thought that the statute meant when it did something else -- courts should resist the temptation to let their enthusiasm for reports, hearings, and committee prints lead them to neglect the comparatively unambiguous meaning of the statute itself. ..... the evidence is against the hypothesis that congress was aware of this construction, it is concluded that congress not only assumed that the courts would continue to place this construction on the statute, but also actually enacted this assumption into law when it amended the statute in ..... judicial process would not accord with the jurisdictional framework established by the civil service reform act of 1978 (csra) and the federal courts improvement act of 1982 (fcia). ..... moreover, the fact that congress amended 8347 in 1980 without explicitly repealing the established scroggins doctrine itself gives rise to a presumption that congress intended to embody ..... representatives from opm noted that outright repeal of 8347(c)'s finality provision would result in full judicial review of all opm disability and dependency decisions, and objected that such broad review was unwarranted and unnecessary: under 8347(c) as it had long been interpreted, "if there are questions of proper procedure or constitutional issues, these questions may be raised in the federal court system. ..... accordingly called for the outright repeal of the preclusion language of .....

Sujoy Ghosh Dastidar Vs. Dayita Ghosh Dastidar

Court : Jharkhand

..... ] in terms of section 23 (1) (b) read with sub-clause (d) & (e), in any proceeding under the act, whether defended or not, if the court is satisfied that where the ground of the petition is the ground specified in clause (i) of sub -section (1) of section 13, the petitioner has not in any manner been accessory to or connived at or condoned the act or acts complained of, or where the ground of the petition is cruelty the petitioner has not in any manner condoned the cruelty, ..... section 23 (2) also 8 provides that before proceeding to grant any relief under this act, it shall be the duty of the court in the first instance, in every case where it is possible so to do consistently with the nature and circumstances of the case, to make every endeavour ..... and there has been no unnecessary or improper delay in instituting the proceedings and that there is no other legal ground why relief should not be granted, the court shall decree such relief accordingly. ..... (2) before proceeding to grant any relief under this act, it shall be the duty of the court in the first instance, in every case where it is possible so to do consistently with the nature and circumstances of the case, to make every endeavour to bring about a reconciliation between the parties: .....

Ramkrishna Ramnath Bidi Manufacturing, Kamptee Vs. the Presiding Offic ...

Court : Mumbai

Reported in : AIR1963Bom201; (1963)65BOMLR109; [1963(6)FLR175]; ILR1962Bom714; 1963MhLJ182

..... a statutory liability is created under chapter va of the industrial disputes act to pay compensation to a workman in certain cases, that statutory liability could not be without a remedy, and if the claim is not recoverable before the payment of wages authority orany other special tribunal created for the purpose by any other act, if would be certainly recoverable in a civil court, in which case some article of the limitation act would apply considered as wages, article 7 or article 102 may ..... , evident that by the constitution of labour courts to deal with the determination of benefits receivable by a workman, inter alia, under chapter va of the industrial disputes act, 1947, the jurisdiction of a civil court, if any, was clearly barred by implication ..... reference was made to section 9 of the code of civil procedure and it was pointed out that if no special forum was created for the purpose of enforcing the rights they could be enforced in a civil court because section 9 provided that the courts shall have jurisdiction to try all suits of a civil nature excepting suits of which cognizance is either expressly ..... for the first time by chapter va of the industrial disputes act, 1947, were recoverable by a suit in a civil court is a point on which no opinion need be expressed. ..... this act of 1950 was repealed by the industrial disputes (amendment and miscellaneous provisions) act, 1956, by which, as referred to above, the labour court was, for the first time, constituted, and section 33c .....

Ramkrishan Ramnath Bidi Manufacturing, Kamptee Vs. Labour Court, Nagpu ...

Court : Mumbai

Reported in : (1963)ILLJ417Bom

..... v-a of the industrial disputes act to pay compensation to a workman, in certain cases, that statutory liability could not be without a remedy, and if the claim is not recoverable before the payment of wages authority or any other special tribunal created for the purpose by any other act, it would be certainly recoverable in a civil court, in which case, some article of the limitation act would apply. ..... in hansraj gupta case, as we have already seen, the alternative forum, namely, the civil court, had still the jurisdiction to determine the claim of the liquidators against the contributories, and it was in that context that it was held that the remedy given by s ..... 33c(2), though not governed by the laws of limitation which might bar a civil court from giving relief in respect of a lawful right, will be entitled not to encourage or allow over-stale claims unless there is a satisfactory explanation for the delay. 29 ..... for adjudication of a liability under that chapter in separate provision had been made and it is suggested for the petitioner that this adjudication could be made by a civil court, though he was not able to show us any decided cases on the point. 22. ..... v-a of the industrial disputes act, 1947, were recoverable by a suit in a civil court is a point on which no opinion need be ..... this act of 1950 was repealed by the industrial disputes amendment and miscellaneous provisions) act, 1956, by which, as referred to above, the labour court was, for the first time, constituted, and s .....

Mrs. Hema Ravishankar Vs. K.R. Ravishankar

Court : Mumbai

Reported in : 2004(1)ALLMR124; 2004(3)BomCR143; 2004CriLJ1205; I(2004)DMC414

..... road, extension, fort, bombay 400 023, calling upon the respective notice to show cause why they should not be punished for having committed contempt of this court within the meaning of contempt of courts act, 1971; read with relevant rules framed by this court under the contempt of courts act, 1971 (which are part of the bombay high court appellate side rules, as amended uptodate). ..... in the circumstances, i proceed to pass the following order.order(1) writ petition as well as civil applications are disposed of with direction to the family court, pune, to finally decide the main proceedings, being petition no. ..... in the circumstances, the appropriate course, to my mind, is to dispose of the main writ petition as well as the civil applications by directing the family court, pune, the expedite the hearing of the main petition pending between the parties, being petition no. ..... 20.09.2003without prejudice & confidentialto,the hon'ble chief justice,high court,mumbai.respected sir, sub: bombay high court,civil appellate jurisdictionwrit petition no. ..... moreover, the present writ petition was the fourth of litigation before this court, as prior to this writ petition, already two civil revision applications and one another writ petition have been filed by the parties challenging the interim orders passed by the family court, pune. .....

Saraswathula Kameswaramma and anr. Vs. Radhakrishna and Co. and ors.

Court : Andhra Pradesh

Reported in : AIR1975AP65

..... the government of india have accepted this recommendation and suggested that this may be implemented by the state government by amending the civil courts act suitably so as to enhance the appellate jurisdiction of the district judges upto rs. ..... therefore by the application of section 8 of the general clauses act a rieht of appeal to the high court which accrued to the litigant and existed as on the date of the institution of the suit under section 13 of the madras civil courts, act 1873 is preserved to the litigant. ..... 15,000/-that is the pecuniary jurisdiction of the district court to entertain appeals against the decrees of the subordinate courts was enhanced by the new act by section 34 (1) of the act, the andhra pradesh (andhra area) civil courts act. ..... the preamble of the act merely recites that the act is to consolidate and amend the law relating to the civil courts subordinate to the high court in the state of andhra pradesh. ..... implication that all rights of appeal then in force ere preserved to the parties thereto till the rest of the career of the suit; (iv) the right of appeal is a vested right and such a right to enter the superior court accrues to the litigant and exists as on and from the date the lis commences and although it may be actually exercised when the adverse judgment ispronounced such right is to be governed by the law prevailing at the date ..... 1954 and section 17 of the andhra pradesh (telangana area) small causes courts act, 1330 fasli are repealed. .....

Pothapragada Sri Lakshmi Maruthi Hara Gopal Vs. P. Seshu Kumari

Court : Andhra Pradesh

Reported in : 2004(4)ALD832; 2004(3)ALT607; II(2004)DMC811

..... of 1988 before the iv additional judge, city civil court, hyderabad for divorce and since 1989 they are ..... burden lies on the petitioner to establish his or her plea that the respondent had meted out cruelty to the petitioner and that the standard of proof required in matrimonial cases under the act is not to establish the charge of cruelty beyond reasonable doubt but merely one of weighing the various probabilities to find out whether the preponderance is in favour of the existence of the said fact alleged ..... their lordships of the supreme court, after referring to various decisions and the provisions of the act, held that mental cruelty in section 13(1)(ia) can broadly be defined as that conduct which inflicts upon the other party such mental pain and suffering as would make it not possible for that party ..... the word 'cruelty' has not been defined under the act, but in relation to matrimonial matters it is contemplated as a conduct of such type which endangers the living of the petitioner ..... is also her case that the said agreement was never acted upon and the appellant never paid any amounts mentioned in ..... 'desertion', for the purpose of seeking divorce under the act, means the intentional permanent forsaking and abandonment of one spouse by the other without that other's consent and ..... under section 13(1)(ia) and (i)(b) of the hindu marriage act, 1955 (for short, the act) for dissolution of the marriage between him and the respondent by a decree of divorce on the grounds of cruelty .....

Lala Shikri Prasad Vs. Hafiz Aziz Ali and ors.

Court : Allahabad

Reported in : AIR1922All196; 63Ind.Cas.601

..... act of 1907 had been repealed and the only act in faros was the act of 1920, section 75, sub-section (2) of the act of 1920 gives a right of appeal to any creditor against a decision of the district court of the nature specified in schedule i of that act ..... that is one reason why the administration of insolvency is so onerous and imposes a very heavy burden on the district courts if the receiver is right in fact, clearly this transaction was void tinder section 53 of the transfer of property act, at d the property attached by the receiver ought to be distributed as part of the estate among the creditors but the receiver is not a judicial officer, and it is not sufficient for the judge merely to refuse to ..... wag by the insolvent complaining, under the old act which is now repealed against an act of the receiver. ..... the main, the provisions of the civil procedure code are applicable to such inquiry, and there ought to be sworn testimony and the game care used with regard to documents, and the admission or rejection of documentary evidence, as in a suit we remit the case to the district judge to hear and decide the application as though it were a question of title involving matters of law and fact under section 4 of the new act which was not in force when ..... the insolvency court has to administer the law under its own procedure and to decide questions arising in insolvency which are covered by special provisions of the insolvency act, where, for example, a trustee is given a higher title .....

Prakash Kumar @ Prakash Bhutto Vs. State of Gujarat

Court : Supreme Court of India

Reported in : 2005(1)ALD(Cri)594; 2005CriLJ929; JT2005(11)SC209; (2005)2SCC409; 2005(1)LC446(SC)

..... striking down section 15 of tada act because the classification of 'offenders' and 'offences' to be tried by the designated court under the tada act or by the special courts under the act of 1984, are not left to the arbitrary and uncontrolled discretion of the central government but the act itself has made a delineated classification of the offenders as terrorists and disruptionists in the tada act and the terrorists under the special courts act, 1984 as well as the classification ..... made by the accused so produced and get his signature and in case of any complaint of torture, the person should be directed to be produced for medical examination before a medical officer not lower in rank than of an assistant civil surgeon;(4) notwithstanding anything contained in the code of criminal procedure, 1973, no police officer below the rank of an assistant commissioner of police in the metropolitan cities and elsewhere of a deputy superintendent of police or a police officer of ..... the ordinance was repealed by the enactment of 1987 (no.28 of 1987) which received the assent ..... rise to the occasion and discharge their onerous responsibilities keeping in mind that they are prosecutors on behalf of the public but not the police and unless the presiding officers of the designated courts discharge their judicial functions keeping in view the fundamental rights particularly of the personal right and liberty of every citizen as enshrined in the constitution to which they have been assigned the role .....

Government of Andhra Pradesh and anr. Vs. Maharshi Publishers Pvt. Ltd ...

Court : Supreme Court of India

Reported in : AIR2003SC296; JT2002(9)SC277; (2003)1SCC95

..... we are in agreement with theview taken by the learned single judge of the high court, as approved bythe division bench, that on the facts and material placed before the high court, even in 1996, no developmental activity had been undertaken byhuda and the stand taken by huda that it had spent more ..... this group of appeals impugns the common judgment of thedivision bench of the andhra pradesh high court dated 8th may, 2001 in wa 1715/1998, wa 1716/1998, wa 1720/1998, cc 114/2001, cc115/2001 & c 116/2001, dismissing the letters patent appeals filed by thestate of andhra pradesh and quashing a g.o. ms. ..... in the circumstances, we arethe opinion that the judgment of the high court under appeal holding thatthere was violation of the fundamental rights of the writ petitioners underarticle 14 is justified and needs to be upheld ..... inthe case of three writ petitioners before the high court, who, in our opinion,were equally situated, there was hostile discrimination against them in that,despite fully depositing the amount of ..... the high court rightly held that this was an executive act falling within theprovince of article 162 and not within the ambit of article 299 of ..... think that thedivision bench took a somewhat gracious view of the matter in notinflicting punishment for contempt of court, but rested content withquashing the offending g.o. ms. no. ..... stategovernment and huda filed writ appeals before the division bench of thehigh court challenging the judgment of the single judge. .....