Judgment Search Results Home > Cases Phrase: civil jails act 1874 Page 1 of about 18,286 results (0.138 seconds)

United States Vs. Halper

Court : US Supreme Court

..... 442 taken together, these cases establish that proceedings and penalties under the civil false claims act are indeed civil in nature, and that a civil remedy does not rise to the level of "punishment" merely because congress provided for civil recovery in excess of the government's actual damages, they do not foreclose the possibility that, in a particular case, a civil penalty authorized by the act may be so extreme and so divorced from the government's damages and expenses as to constitute punishment. ..... (c) while the district court correctly found that the disparity between its approximation of the government's costs and respondent's statutory liability is sufficiently disproportionate that the sanction provided by the act constitutes a second punishment violative of double jeopardy, the case is remanded to permit the government to demonstrate that that court's assessment of its injuries was erroneous, since it would be unfair to deprive the government of an opportunity to present an accounting of ..... they do not dispute that respondent halper already has been punished as a result of his prior criminal proceeding when he was sentenced to a jail term and fined $5,000. ..... 168 (1874). .....

Purshottam Govindji Halai Vs. Shree B.M. Desai, Additional Collector o ...

Court : Supreme Court of India

Reported in : AIR1956SC20; (1956)58BOMLR498; 1956CriLJ129; [1955]28ITR891(SC); (1956)IMLJ51(SC); [1955]2SCR887

..... prior to the 8th october, 1954 the portion of section 13 of the bombay city land revenue act, 1876 which is relevant for our present purpose was as follows :- 'if the sale of the defaulter's property shall not produce satisfaction of the demand, it shall be lawful for the collector to cause him to be apprehended and confined in the civil jail under the rules in force at the presidency for the confinement of debtors, for which purpose a certificate ..... punjab cannot, under section 69 of the punjab land revenue act, 1887 (punjab act xxvii of 1887), be kept in civil jail for more than one month. ..... being sufficient to satisfy the assessed tax the additional collector on the 7th june, 1955 issued a notice under section 13 of the bombay city land revenue act, 1876, requiring the assessee to appear before him in person on the 16th june, 1955 and show cause why he, the assessee, should not be apprehended and confined to civil jail in satisfaction of the said certified demand. ..... appear in person on the appointed day but on the next day, the 17th june, 1955, an advocate acting on behalf of the assessee wrote a letter to the additional collector purporting to show cause why the assessee should not be arrested and sent to the civil jail. ..... the city of bombay could be kept in detention for a day for every rupee of the arrears which might considerably exceed the maximum period of six months which is the period limited by the code of civil procedure for the detention of a judgment-debtor in civil jail. .....

S.K. Singh Vs. Union of India and Others

Court : Armed forces Tribunal AFT Chandigarh Bench Chandimandir

..... also respondent no 5 has passed the sentence for 4 months rigorous imprisonment in civil jail, dismissal from service and to be reduced to ranks without caring for the statutory provisions and beyond his ..... the petitioner after having spent four months in civil prison at bathinda had posted to the respondents, a post confirmation petition under section 164(2) of the army act read with rule 201 of the army rules against the sentence passed by the summary court martial conducted by respondent no 5 on 14.8.2002 against him. ..... fir was lodged because there were civilians involved in the case who could not be charged under army act and thus only civil police could proceed with the case. ..... no 2 , 3 and 5 were under statutory obligation as encompassed in section 126 of the army act, 1950 before instituting the summary court martial proceedings to obtain permission from the criminal court. ..... if one looks at the provisions of law relating to court-martial in the army act, the army rules, defence service regulations and other administrative instructions of the army, it is manifestly clear that the procedure prescribed is perhaps equally fair if not more than a criminal trial provides to the ..... the petitioner had forwarded a post confirmation petitioner under section 164(2) of the army act, 1950, vide letter no 27309/gsg/legal notice no 1/2003 dated 24.5.2003 ..... was further submitted by the respondents that the provision of army act section 125 and 126 have not been violated in any manner. .....

Union of India (Uoi) and ors. Vs. Satish Chandra Sharma

Court : Supreme Court of India

Reported in : AIR1980SC600; 1980LabIC384; (1980)2SCC144; [1980]2SCR298; 1980(12)LC241(SC)

..... following observation-cum-direction:the learned munsif magistrate, who passed the earlier order on january 5, 1976 could not proceed with the proceedings for sending the petitioners concerned to civil jail and also of attachment of the property. ..... whether the action for disobedience was legal and justified, and, in any case, the draconian punishment of government by attaching its properties and putting its servants in jail was a desertion of judicial discretion whose hall-mark is to be firm but not authoritarian, liberal but not petulant, and ever informed by realism and impressed ..... equally clearly, how could property be taken without its being particularised in the judgment, disregarding procedural obligations it is not as if without hearing the officer to be jailed and his case against detention considered, the munsif give ad hoc details of property to be attached without hearing the owner thereof as to his version about why his ..... only be exhibited as the guide lines in all government offices, important public institutions, street-corners and road corners but acts upon both in letter and spirit by all irrespective of the office, profession, status and assignment which one holds in ..... that if they fail to comply with the order dated 154.74 within 15 days the opposite party shall be visited with the order of attachment of property and sending them to civil jail. ..... the extreme of imprisonment of government servants at lesser levels, who have to act on orders from above, for disobedience? .....

Bhurmal Vs. Suraj Mal and ors.

Court : Rajasthan

Reported in : 1990(1)WLN274

..... the learned counsel for the appellant has relied upon section 12 of the protection of civil rights act and he urged that the court should presume that the act committed by the respondents was on the ground of untouchability. ..... upon these, allegations, the complainant asserted that the respondents had committed offence under section 3 of the protection of civil rights act and under sections 324 and 504, ipc.3. ..... this is an appeal by bhusamal, bp leave from this court, against the judgment of the special magistrate, alwar dated june, 14, 1982 where by the respondents were acquitted for the offence under section 4/7 of the protection of civil rights act and sections 323 and 504 ipc.2. ..... when the commission of the act itself is not established, the respondents was rightly acquitted.5. ..... that presumption only arises when an act constituting an offence under the act was committed. .....

Jor Singh Vs. the State

Court : Rajasthan

Reported in : 1970WLN222

..... by this time the petitioner had already served 2 months and 4 days' in civil jail awarded to him under section 514(4) cr.p.c the superintendent of jail purporting to act under paragraph 15 of the rajasthan jail manual, 1952 and in view of the order of the municipal magistrate, jodhpur being one under section 123 cr. p.c. ..... we agree with the learned additional advocate general that the petitioner has already served 6 months civil jail under section 514(4) cr. p.c. ..... he was, therefore, sent to civil jail under section 514(4) of the code of criminal procedure, while he was undergoing this imprisonment on 20th september, 1969 the petitioner was bound down by the municipal magistrate, jodhpur under section 109 cr. p.c. ..... an imprisonment in civil jail under section 514(4) of the code of criminal procedure can be plainly avoided by depositing the penalty. ..... on 30th january, 1970 and expected to be released: the jail authorities instead of setting him free revived the earlier sentence of civil imprisonment under section 514(4) cr. p. c. ..... 1567 the additional munsiff magistrate no i, jodhpur, directed that jor singh be kept in civil prison for a period of three months under each of the orders. ..... the jail superintendent has purported to act under paragragh 15 of the jail manual in continuing the detention of the petitioner. ..... the petitioner made an application to the district magistrate but relying on the jail manual and the code of criminal procedure he rejected it. .....

Bhurmal Vs. Surajmal and ors.

Court : Rajasthan

Reported in : 1990(1)WLN616

..... the learned counsel for the appellants has relied upon section 12 of the protection of civil rights act and he urged that the court should presume that the act committed by the respondent was on the ground of untouchability. ..... upon these, allegations, the complainant asserted that the respondents had committed offence under section 3 of the protection of civil rights act and under sections 324 and 504, ipc.3. ..... this is appeal by bhurmal, by leave from this court, against the judgment of the special magistrate, alwar dated june 14, 1982 whereby the respondents were acquitted for the offence under section 4/7 of the protection of civil rights act and sections 323 and 504, ipc.2. ..... when the comission of the act itself is not established, the respondent were rightly acquitted.6. ..... that presumption only arises when an act constituting an offence under the act was committed. .....

Fox Vs. Capital Company

Court : US Supreme Court

..... a warrant was to issue to the marshal whereby the debtor was to be confined in jail until payment of the fine, with the proviso, in substance, that, except for the costs of the proceeding, $10,000, the fine would be remitted upon submission to page 299 u. s. ..... finally, the contempt charged and adjudicated was not criminal, but civil; reparation to an obstructed creditor, not vindication of the public justice, was the purpose of the fine, and of the fine in all its parts. ..... " new york civil practice act, 802, subd. ..... petitioner does not question the compensatory or civil quality of so much of the fine as may be avoided at any time by obeying the subpoena. ..... in levying the fine, the court was not acting sua sponte, or at the instance of the government through a prosecuting officer. ..... by the civil practice act of new york ( 774, as added by laws 1935, c. ..... errors, if there were any, did not split the controversy into parts, one civil and one criminal. cf. ..... the rule is settled in this court that, except in connection with an appeal from a final judgment or decree, a party to a suit may not review upon appeal an order fining or imprisoning him for the commission of a civil contempt. ..... 105 certiorari to the circuit court of appeals for the second circuit syllabus an order of the district court, in new york, fining a judgment debtor for contempt in failing to respond to a subpoena in supplementary proceedings (civ.pr.act, n.y. .....

Shaikh Ali Ahmed Vs. the Collector of Bombay

Court : Mumbai

Reported in : (1949)51BOMLR589

..... published in the official gazette.if the sale of the defaulter's property shall not produce satisfaction of the demand, it shall be lawful for the collector to cause him to be apprehended and confined in the civil jail under the rules in force at the presidency for the confinement of debtors, for which purpose a certificate of demand under the collector's signature sent with the defaulter shall be the sheriff's sufficient warrant, equally ..... appeared for the applicant, laid considerable stress on the words 'cause him to be apprehended and confined in the civil jail under the rules in force at the presidency for the confinement of debtors' in paragraph 5 and argued that the rules referred to in the section are the provisions contained in the civil procedure code for the arrest and detention of persons who default in payment of amounts due under decrees passed ..... the opinion that the provisions of section 13 of the bombay city land revenue act of 1876 which require, in the first instance, the sale of the defaulter's property, before he can be apprehended and confined in a civil jail, could have been complied with in this case. ..... of the act clearly is that the collector should first proceed against so much of the property of the defaulter as is necessary to satisfy the government demand, and if the sale of the defaulter's property does not produce an amount sufficient to satisfy the demand, then only can the collector cause the defaulter to be apprehended and confined in a civil jail. .....

Ali Ahmed Vs. the Collector of Bombay

Court : Mumbai

Reported in : AIR1950Bom33

..... published in the official gazette.if the sale of the defaulter's property shall not produce satisfaction of the demand, it shall be lawful for the collector to cause him to be apprehended and confined in the civil jail under the rules in force at the presidency for the confinement of debtors, for which purpose a certificate of demand under the collector's signature sent with the defaulter shall be the sheriff's sufficient warrant, ..... therefore, the condition precedent for the collector's exercising his powers to apprehend and confine the defaulter in a civil jail has not been satisfied, the order of the collector authorizing the detention of the applicant in prison cannot ..... the opinion that the provisions of section 13, bombay city land revenue act of 1876 which require, in the first instance, the sale of the defaulter's property, before he can be apprehened and confined in a civil jail, could have been complied with in this case. ..... that the power of the collector to cause a defaulter to be apprehended and confined in a civil jail is contingent on the sale of the defaulter's property not realizing an amount sufficient to satisfy ..... of the act clearly is that the collector should first proceed against so much of the property of the defaulter as is necessary to satisfy the government demand, and if the sale of the defaulter's property does not produce an amount sufficient to satisfy the demand, then only can the collector cause the defaulter to be apprehended and confined in a civil jail. .....