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State of Rajasthan and anr. Vs. R.C. Misra and ors.

Court : Rajasthan

Reported in : RLW2003(1)Raj155; 2003(1)WLN371

..... the civil courts amins act, 1856 was sought to be repealed because the institutions of amins in civil courts has been long abolished and it is no longer in vogue and therefore, this act had become obsolete, redundant and was no longer required to be on the statute book. ..... since an important question was raised about the maintainability of special appeals because of the repeal of the rajasthan high court ordinance, 1949 with the promulgation of judicial administrative laws (repeal) act, 2001, (hereinafter to be referred to as 'the act of 2001') affecting large number of cases in the matter of right of appeal to division bench against order passed by single judge in all the matters pending before court before various single benches and matters to enter the portals in future, a general notice was ..... governing matters enumerated in article 225, for the governance of rajasthan high court under the constitution, and became redundant, its repeal by the act of 2001 had no effect whatsoever on the exercise by the division bench jurisdiction in the matters of hearing appeals against the judgment of the learned single judges as it was exercising since such jurisdiction vested in rajasthan high court as one of the high court constituted under the constitution further by dint of article 225 of the constitution .....

United States Vs. Goodwin

Court : US Supreme Court

..... act, after providing for the removal of all final judgments or decrees above the value of $50 from a district to a circuit court by appeal, and by a like proceeding for a removal to the supreme court of those cases only which were of equity, of admiralty, and maritime jurisdiction and of prize or no prize, proceeded to provide for civil actions at common law, originating in a district court, by declaring that final judgments, in such cases, if of a certain value, might be removed at once from the district to the supreme court ..... " the objection made to this interpretation of the word "appeal" that judgments in civil actions at common law commenced in a district court could be reexamined only in a circuit court, if well founded in itself, could not with any propriety be addressed to courts after the legislative meaning of the term is ascertained. ..... (7 cranch) 108 error to the circuit court of the district of pennsylvania syllabus no writ of error lies to the supreme court of the united states to reverse the judgment of a circuit court in a civil action which has been carried up to the circuit court from the district court by writ of error. ..... the technical distinction between a writ of error and an appeal, and between the different cases to which they were applicable, was clearly marked in the act of 13 february, 1801, which was afterwards repealed by the act of 8 march, 1802. .....

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 .....

Waring Vs. Clarke

Court : US Supreme Court

..... before our ancestors migrated to this country were, so far as the same were applicable to the nature of their situation, and for their benefit, brought over hither by them, and wherever they are not repealed, altered, or amended by the constitutional provisions or legislative declaration of the respective states, every beneficial statute and rule of the common law still remains in force ..... the laws at home before emigration, both statute and common law, so far as applicable to the condition of the colonies, and in favor of life, liberty, and property of the subject, "remained in full force therein until repealed, altered, or amended by the legislative authority of the colonies respectively, or by the constitutional acts of the same when they became sovereign and independent states ..... . and no act of congress has introduced any change in respect to torts, having in this respect merely conferred on the district courts cognizance of "all civil cases" in admiralty, without in a single instance defining what shall be such cases in connection ..... decided by a judge alone, without the intervention of a jury, for such was the inclination of the colonists in many provinces to carry on a contraband trade that to try the fact of an information by a jury would be almost equivalent to the repealing of the act of parliament on which such information was grounded ..... the next place, all must see on reflection that a commission issued by the king could not repeal or alter the established laws of the land .....

PerIn Vs. Carey

Court : US Supreme Court

..... again, in ohio laws, 33, march 26, 1856, it is declared that whenever anyone gives lands or money for the endowment of a school or academy, not previously established, and shall not provide for the management of it, that the court of common pleas shall appoint trustees with corporate ..... 501 of ohio, it is certain that in the year 1806 it was repealed; and that since the statute of elizabeth has had no force in ohio as a statute, though the judges of that state, without any assumption, have applied its principles to all cases of charitable devises as a part of chancery ..... know of no authority which inculcates such a doctrine, or prohibits the execution of such trusts, even though the act of incorporation may have for its main objects mere civil and municipal government and powers. 43 u. s. ..... never in force in the english colonies, and if they were ever considered to be so in the state of ohio, it must have been from that resolution by the governor and judges in her territorial condition, and if so, they were repealed by the act of 1806. 3. ..... never in force in the english colonies, and if they were ever considered to be so in the state of ohio, it must have been from that resolution by the governor and judges in her territorial condition, and if so, they were repealed by the act of 1806. 3. ..... may be formed under general laws, but all such may from time to time be altered or repealed -- that is, though they may be formed under general laws, that the legislature may alter or repeal them. .....

Moncure Vs. Zunts

Court : US Supreme Court

..... the united states should be published, and in someone or more of which "all such advertisements as may be ordered for publication in said districts by any united states courts or judge thereof, or any officer of such courts, or of any executive officer of the united states, shall be published, the compensation provided, and other terms of publication shall be fixed by said clerk, at a ..... act of may 26, 1824, to regulate the mode of practice in the courts of the united states for the district of louisiana [ footnote 1 ] declared "that the mode of proceedings in civil causes in the courts of the united states that now are or hereafter may be established in the state of louisiana shall be conformable to the laws directing the mode of practice in the district courts of said state, provided that the judge of any such court ..... of the seventh section, relied on by the counsel of the defendant in error to show that the act of 1824 has been repealed or modified, limits its application to such advertisements and publications as must be adjusted by the proper accounting ..... pause long before concluding that congress had reversed in this instance its uniform policy of conforming the modes of proceeding in the federal courts to those of the states, and had repealed pro tanto the act of 1824, page 78 u. s. ..... act of 1824 has been repealed or modified by the seventh section of the act ..... act of march 2, 1867, [ footnote 2 ] it was contended below, however, had repealed or modified this former practice act .....

Bean Vs. Beckwith

Court : US Supreme Court

..... abettors thereof, or as guilty of any disloyal practice in aid thereof, or of any violation of the laws or usages of war, or of affording aid and comfort to rebels against the authority of the united states; and all proceedings and acts done or had by courts martial or military commissions, or arrests and imprisonments made in the premises by any person, by the authority of the orders or proclamations of the president, made as aforesaid or in aid thereof, are hereby approved in all respects, legalized, and ..... and no civil court of the united states, or of any state, or of the district of columbia, or of any district or territory of the united states, shall have or take jurisdiction of, or in any manner reverse, any of the proceedings had or acts done as aforesaid, nor shall any person be held to answer in any of said courts for any act done or omitted to be done in pursuance or in aid of any of said proclamations or orders, or by authority or with the approval of the president within the period aforesaid, and respecting any of ..... the matters aforesaid, and all officers and other persons in the service of the united states, or who acted in aid thereof, acting in the premises shall be held prima facie to have been authorized by the president; and all acts and parts of acts heretofore passed, inconsistent with the provisions of this act, are hereby repealed. .....

Reg Vs. Vithaldas Pranjivandas and ors.

Court : Mumbai

Reported in : (1877)ILR1Bom462

..... size, and shall be delivered by the under-sheriff unto the clerk of the crown, and shall by him be put together in a box, and he shall from the said box in open court draw the said pieces of paper, or card, indiscriminately one after the other, and the names of the first twenty-three that shall be drawn out and appear, except such as shall be excused by the ..... high courts shall retain all their present powers respecting the summoning empannelling; qualification, challenging and service of jurors, and shall have power to make such rules on these subjects (consistent with the provisions of the act) as seem to them to be proper; and that 'all rules relating to jurors now in force in the same high courts shall (so far as they are consistent with this act) remain in force until repealed or ..... 49 of act x of 1875, however, says that all rules relating to juries now in force in the high courts shall (so far as they are consistent with the act) remain in force until repealed or altered ..... 1861), the practice at the criminal sessions, until the coming into operation of act x of 1875, was to have separate ballot boxes, or rather two long boxes, the ones now in court, each containing three compartments, and marked on the outside 'europeans,' 'indo- ..... was in force when the 'high courts criminal procedure act, 1875' came into operation on the ..... courts criminal procedure act (x of 1875) enacts that 'the jury shall consist of nine persons, who shall be chosen by lot from the persons summoned to act .....

In Re: Petition of Eatansi Kalianji and Six ors.

Court : Mumbai

Reported in : (1878)ILR2Bom148

..... . it was there held that the right of appeal to the district court from a decree made before act xiv of 1869, 'the bombay civil courts act, 1869,' came into operation, by a principal sadar amin, was not taken away by that act, though the amount or value of the subject-matter exceeded rs ..... theory that the detention under the arrest and the detention under the committal are, so long as they endure, to be deemed constantly continuous procedure on the part of the court, which theory is contended for on behalf of the petitioners), be amongst the results of holding that the repeal of the old code was complete as well with respect to proceedings (after decree) pending when the new code came into operation, as with respect to proceedings (after ..... ' before the statute (mercantile law amendment act, 1856), the delivery of the writ to the sheriff bound the goods as is said in the passage in wms. ..... . though, no doubt, the statute in question there, namely, 'the mercantile law amendment act, 1856,' was not a statute generally concerned with procedure, yet the particular provision in question, which altered the effect of a writ of fi. fa ..... 559) a decision in 1869, upon another section of 'the mercantile law amendment act, 1856,' a decision by lord chancellor hatherley. ..... 559) cited at the bar, the exchequer chamber held that the 1st section of 'the mercantile law amendment act, 1856' 19 and 20 vic., c. ..... the mercantile law amendment act, 1856 (19 and 20 vic. .....

Railroad Company Vs. Tennessee

Court : US Supreme Court

..... an appeal was then taken to the supreme court of the state, where the decree below was affirmed, upon the express ground that the repeal of the law authorizing suits against the state was valid, and did not impair the obligation of the contract which the ..... the 16th of may, 1866, the state and the trustee filed a bill in equity, in the chancery court at nashville, against the bank and its creditors, for an account of debts and assets and a decree of ..... in 1865, this law was repealed, and after that there was no law prescribing the manner or the courts in which suits could be brought ..... 1855 providing that actions might the state under the same rules and regulations that govern those between private citizens, but conferring no power on the court to execute their judgments, was repealed in 1865. ..... questions were waived by the court, and the decision placed entirely on the ground that as the state could not be sued in its own courts, the bill must be ..... error to the supreme court of the state of tennessee syllabus the constitution of tennessee, in force in 1838, declares that "suits may be brought against the state in such manner and in such courts as the legislature may ..... that has been done is to give persons holding claims against the state the privilege of having them audited by the courts instead of some appropriate accounting officer. ..... on the 16th of february, 1866, an act was passed to wind up and settle the affairs of the bank, under which an assignment of all the property was made to .....