Court : US Supreme Court
..... interest to said church of jesus christ of latter-day saints, nor have there been nor are there now any trusts of a definite and legal character upon which this court, sitting as a court of chancery, can administer the personal property hereinbefore set out, and it is furthermore adjudged that all and entire the personal property set out in this decree as having ..... the unlawful practice as an integral part of their religious usages, the question arises whether the government, finding these funds without legal ownership, has or has not the right, through its courts and in due course of administration, to cause them to be seized and devoted to objects of undoubted charity and usefulness -- such, for example, as the maintenance of schools -- ..... estate referred to, owned by the corporation, is subject to escheat to the united states; that on the 19th day of february, 1887, by the said act of that date, the charter and act of incorporation of the corporation aforesaid was disapproved, repealed, and annulled by congress, and the corporation was dissolved, and all the real estate owned and occupied by it in excess of $50,000, not held or ..... act regulating procedure, approved december 30, 1852, declared that all the courts of the territory should have "law and equity jurisdiction in civil ..... whitney took possession of lot six, in said block; that sometime in the year 1856, the church of jesus christ of latter-day saints, by its agents, took possession of the south half of said lots, and placed .....
Tag this Judgment!Court : US Supreme Court
..... and subject to the same rights of appeal, review upon error, and other remedies provided in like cases in such courts, under the provisions of the act of the ninth of april, eighteen hundred and sixty-six, entitled 'an act to protect all persons in the united states in their civil rights, and to furnish the means of their vindication;' and the other remedial laws of the united states which are ..... have passed a statute discriminating against him; that statute is of no validity if it comes in conflict with a statute of the united states; and it is not to be presumed that any judge of a state court would hold that a statute of a state discriminating against a person on account of color was valid when there was a statute of the united states with which it was in direct conflict, and the case would not ..... did not exist when the 1871 act was passed, and that therefore one may argue that the 1871 act furnished the only remedy for the 1866 act without arguing that the later statute in any way repealed the earlier one. ..... footnote 4 ] several amici argue that we need not conclude that 1983 impliedly repealed the cause of action furnished by 1981 in order to decide that 1983 provides ..... regard, 7 of the 1871 act is highly significant; it provided "[t]hat nothing herein contained shall be construed to supersede or repeal any former act or law except so far ..... particularly hostile to them when the allegedly repealing statute specifically rules them out. ..... generally disfavor repeals by implication ..... repeals .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(3)BomCR308; 2009(111)BomLR979; 2009(2)MhLj868
..... to the needs of his daughter and though has been in a position to provide best of amenities and comforts to his child and in fact the child has been under his care but the court has to deal with this aspect, keeping in mind the growing age of the child who is a girl, her growing needs, the protection the guidance, advise which she would be in a ..... changed social conditions, yielded is the considerations of their welfare as human beings so that they may give up in a normal balanced manner to be useful members of the society and the guardian court in case of a dispute between the mother and the father, is expected to strike a just and proper balance between the requirements of welfare of the minor children and the rights of their respective parents ..... air 1971 mys 211, while dealing with the provisions of hindu minority and guardianship act and also the guardian and wards act, it was observed that the father in the case of a hindu minor boy is the natural guardian of the person during his minority and it is permissible for the court to remove him from that position and to appoint either the mother and if ..... reference to the order of the supreme court dated 1.11.2007 disposing of civil appeal nos. ..... creates the most important relation in life, which influences morality and civilization of people, than any other institution. ..... where the parties are at loggerheads, in our opinion, such litigation cannot be dealt with like any other petition/suit or appeal in civil or commercial litigation. ..... civil .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1955Kant49; AIR1955Mys49
..... the petitioner submits that it is clear from this part of the report that the committee while suggesting that the mysore income-tax act should be repealed and the corresponding body of central legislation extended to the mysore state, was definitely of the view that the state legislation should ..... said as follows; ''it must however be remembered that this observation was made by their lordships to repel the contention raised on-behalf of the appellant to the effect that assessment is a definite act and that if an assessment is not made on income within the tax year, then that income has 'escaped assessment' within that year and can be subsequently assessed only under section 34 ..... the purposes of the levy, assessment andcollection of income-tax and' super-tax in respect of any period not included in the previousyear for the purposes of assessment under theindian income-tax act, 1922 (xi of 1922) forthe year ending on the 31st day of march 1951,or for any subsequent year, or, as the case maybe, the levy, assessment and collection of thetax ..... from orders of the state high courts) as may in fact correspond to particular grades and classes of 'british indian' courts (civil and criminal) may have to be statutorily 'recognised' as 'corresponding judicial authorities' for purpose of dealing with cases, arising in the states under the 'federal' law of the union of india; and the supreme court in india will have to be made the court of final appeal from decisions of the ..... -- 'bhailal amin & sons .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR2004AP136; 2004(1)ALD228; 2004(1)ALT250
..... 's case (referred to supra), although it was a case where the jurisdiction of the civil court had been taken away and vested in tribunal constituted under the provisions of the motor vehicles act, the apex court was of the view that the change in the law under sections 110-a and 110-f of the motor vehicles act by taking away the jurisdiction of the civil court and vesting the same in the tribunal constituted under the act was merely a change of forum i.e. ..... could be lodged was also governed by the portuguese civil procedure code, the apex court in para 4 held thus:'it is no doubt well-settled that the right of appeal is a substantive right and it gets vested in a litigant no sooner the lis is commenced in the court of the first instance, and such right or any remedy in respect thereof will not be affected by any repeal of the enactment conferring such right unless the repealing enactment either expressly or by necessary implication takes away ..... and a perusal of the same shows that unless a different intention appears from the act which repeals the earlier provision, the repeal shall not revive anything not in force; or affect the previous operation of any enactment so repealed; or affect any right or privilege or obligation or liability acquired, accrued or incurred under the repealed act; or affect any penalty or forfeiture or punishment incurred in respect of any offence so repealed; or affect any investigation, legal proceeding or remedy in respect of any such right, privilege .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1967SC212; 1967CriLJ265; [1966]3SCR830
..... (2) the governor may make regulations for the peace and good government of any area in a province which is for the time being an excluded area, or a partially excluded area, and any regulations so made may repeal or amend any act of the federal legislature or of the provincial legislature, or any existing indian law, which is for the time being applicable to the area in question. ..... were : that the rules of 1937 were void ab initio because the scheduled districts act, 1874 under which the governor purported to make them did not give him any authority to make them; that if the act gave such authority, it was itself ultra vires the statutes of british parliament and involved excessive delegation; that on the repeal of scheduled districts act in 1937, all ruled made under it lapsed; that the rules of 1937 were ..... section 4 of the act on extension provided that the territory known as the naga hills was removed from the jurisdiction of courts of civil and criminal judicature as well as from the law for the said courts and no act passed by the council of the governor-general for making laws and regulations was deemed to extend to any part of the said territory unless the same was specially named in it. by s. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1975Guj39
..... air1947cal49 inferred from this change that the appellate jurisdiction of the high court as specified in clause 16 was confined only to the jurisdiction to hear appeals from the civil courts mentioned in that clause and appeals under acts passed and regulations in force upto the year 1865 and if any appellate jurisdiction was conferred on the high court by any subsequent statute, it was not within the appellate jurisdiction ..... - and we need refer only to the code of 1882 because the code of 1677 contained identical provisions in sections 575 and 632 as the code of 1882- impliedly repealed clause 36 to the extent that it applied to appeals from subordinate courts, the repeal of the code of 1882 by the code of 1908 could not have the effect of reviving that part of clause 3.6 which was impliedly ..... that clause 36 was impliedly repealed by section 575 read with section 632 of the codes of 1877 and 1882 in so far as it applied to appeals from subordinate courts and the repeal of the code of 1882 by the code of 1008 did not revive that part of clause 36 which was impliedly so repealed and, therefore, even after ..... 36 in so far as it applied to appeals from subordinate courts was impliedly repealed by section 575 read with section 632 of the codes of ..... long as the shadow lasted, the operation of clause 36 was restricted but as soon as the shadow was removed by the repeal of section 575, the eclipse having gone, clause 36 sprang back into full life and once again began to operate in .....
Tag this Judgment!Court : Supreme Court of India
..... of the requirement that compensation should be recoverable in a civil court is that the act which constitutes the offence in question should also be a tort ..... concepts creating a distinction between civil and criminal law in which civil law provides for remedies to award compensation for private wrongs and the criminal law takes care of punishing the wrong doer, the legal position that emerged till recent times was that criminal law need not concern itself with compensation to the victims since compensation was a civil remedy that fell within the domain of the civil courts. ..... under clause (b) of sub-section (1) of section 545, the court may direct ".in the payment to any person of compensation for any loss or injury caused by the offence when substantial compensation is, in the opinion of the court, recoverable by such person in a civil court.". ..... code of criminal procedure of 1898 contained a provision for restitution in the form of section 545, which stated in sub-clause 1(b) that the court may direct ".payment to any person of compensation for any loss or injury caused by the offence when substantial compensation is, in the opinion of the court, recoverable by such person in a civil court"..42. ..... (1995) 1 scc14is apposite: (scc pp.20-21, para-16) ".16......compensation payable by the offender was introduced in the criminal justice act 1972 which gave the courts powers to make an ancillary order for compensation in addition to the main penalty in cases where 'injury', loss, or damage .....
Tag this Judgment!Court : Supreme Court of India
..... of the requirement that compensation should be recoverable in a civil court is that the act which constitutes the offence in question should also be a tort ..... concepts creating a distinction between civil and criminal law in which civil law provides for remedies to award compensation for private wrongs and the criminal law takes care of punishing the wrong doer, the legal position that emerged till recent times was that criminal law need not concern itself with compensation to the victims since compensation was a civil remedy that fell within the domain of the civil courts. ..... under clause (b) of sub-section (1) of section 545, the court may direct ".in the payment to any person of compensation for any loss or injury caused by the offence when substantial compensation is, in the opinion of the court, recoverable by such person in a civil court.". ..... code of criminal procedure of 1898 contained a provision for restitution in the form of section 545, which stated in sub-clause 1(b) that the court may direct ".payment to any person of compensation for any loss or injury caused by the offence when substantial compensation is, in the opinion of the court, recoverable by such person in a civil court"..42. ..... (1995) 1 scc14is apposite: (scc pp.20-21, para-16) ".16......compensation payable by the offender was introduced in the criminal justice act 1972 which gave the courts powers to make an ancillary order for compensation in addition to the main penalty in cases where 'injury', loss, or damage .....
Tag this Judgment!Court : US Supreme Court
..... was not the law of california, and that the judgment of divorce rendered in that republic, in pursuance of the statute so construed, should, by comity, be given effect by the courts of california as a decree of divorce; that the statute of hawaii declaring that, where a divorce is decreed for the adultery of the wife, the husband shall take her personal ..... court also considered the point that the statute in question, section 1331 of the civil code, was repealed by implication by the married women's ..... act, it was provided that the laws of hawaii not inconsistent with the constitution and laws of the united states or the provisions of the act should remain in force, subject to repeal or amendment, but the act forfeiting the wife's property was ..... was cited, in which, referring to certain cases relating to the pleadings and matters of record, it was said "that the right of a court to act upon what is, in point of fact, known to it must be subordinate to those requirements of form and orderly communication which regulate the mode of bringing controversies into court, and of stating and conducting them ..... . appellate jurisdiction was conferred on this court by the twenty-fifth section of the judiciary act of 1789, over final judgments and decrees in any suit in the highest court of law or equity of a state in which a decision in the suit could be had, in three classes of cases: the first class was where the ..... court said that it was glad to know that the section had been .....
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