Judgment Search Results Home > Cases Phrase: civil jails act 1874 Court: us supreme court Page 1 of about 3,947 results (0.068 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. .....

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? .....

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. .....

Hicks Vs. Feiock

Court : US Supreme Court

..... the critical feature that determines whether the remedy is civil or criminal in nature is not when or whether the contemnor is physically required to set foot in a jail, but whether the contemnor can avoid the sentence imposed on him, or purge himself of it, by complying with the terms of the original order. ..... thus, if the relief provided is a sentence of imprisonment, it is remedial if the defendant stands committed unless and until he performs the affirmative act required by the court's order, and is punitive if the sentence is limited to unconditional imprisonment for a definite period. ..... if the relief provided is a sentence of imprisonment, it is remedial if "the defendant stands committed unless and until he performs the affirmative act required by the court's order," and is punitive if "the sentence is limited to imprisonment for a definite period." id. ..... as the court explained in gompers: "the distinction between refusing to do an act commanded -- remedied by imprisonment until the party performs the required act; and doing an act forbidden -- punished by imprisonment for a definite term, is sound in principle and generally, if not universally, affords a test by which to determine the character of the punishment. ..... thus in gompers, we observed that civil contempt may be punished by an order that "the defendant stand committed unless and until he performs the affirmative act required by the court's order. .....

V.L. Rohlua Vs. Deputy Commissioner, Aijal, District Mizo

Court : Supreme Court of India

Reported in : (1970)2SCC908; [1971]2SCR503

..... that was roughly two months after his arrest by the armed forces under section 5 of the armed forces (assam & manipur) special powers act, he had to be made over to the officer-in-charge of the nearest police station with the least possible delay, together with a report of the circumstances occasioning ..... in that affidavit he has alleged that he was handed over to the civil authorities by the armed forces after 2 months from his arrest, his confessional statement was obtained at gun-point, that no order was served on him under the assam maintenance of public order act, 1953, that he was tortured, that the detention order was vague and that as the remand order expired on july 18, 1970 his further detention became ..... although it seems to us that the armed forces delayed somewhat his surrender to the civil authorities, which is not the intention of the law, there is not too much ..... deputy commissioner also stated that owing to shortage of accommodation at aijal jail the petitioner was kept in dibrugarh jail till his production in this court. ..... according to him the petitioner was handed over to the civil authorities on march 2, 1968 and the petitioner was produced before a magistrate the very ..... has since been remanded to jail custody from time to time ..... that the remands, although of more than 15 days duration, were legal as there was no provision applicable and the requirements of this disturbed area justified slightly longer periods between each remand as jail conditions were difficult.8. .....

Monroe Vs. Pape

Court : US Supreme Court

..... 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, in ..... a case of mere individual violence, having no color whatsoever of authority of law, either federal or state, and to say that you can punish men for that mere conspiracy, which is their individual act, and which is a crime against the state laws themselves, punishable by the state laws, is simply to wipe out all the state jurisdiction over crimes and transfer it bodily to the congress"), [ ..... those who voted for it read it: "if an offense is committed against a colored person simply because he is colored, in a state where the law affords him the same protection as if he were white, this act neither has nor was intended to have anything to do with his case, because he has adequate remedies in the state courts; but if he is discriminated against under color of state laws because he is colored, then ..... or usage of the police department of the city of chicago to arrest and confine individuals in the police stations and jail cells of the said department for long periods of time on 'open' charges. ..... 144, and the 1874 revision of the ..... ) in the revised statutes of 1874 and 1878, "law" was omitted from the section, ..... 1874 .....

Rivers Vs. Roadway Express, Inc.

Court : US Supreme Court

..... thus, as far as respondent is concerned, the law in effect when it dismissed petitioners' claim differs little from the law as amended by the civil rights act of 1991, and application of 101 in this case would neither alter the expectations of the parties nor disturb previously vested rights. ..... - 313 ment of what the statute meant before as well as after the decision of the case giving rise to that construction.12 thus, patterson provides the authoritative interpretation of the phrase "make and enforce contracts" in the civil rights act of 1866 before the 1991 amendment went into effect on november 21, 1991. ..... while their appeal was pending, the civil rights act of 1991 (1991 act or act) became law, 101 of which defines 1981's "make and enforce contracts" phrase to embrace all phases and incidents of the contractual relationship, including discriminatory contract terminations. ..... instead of a reference to "restoring" pre-existing rights, its statement of purposes describes the act's function as "expanding the scope of relevant civil rights statutes in order to provide adequate protection to victims of discrimination. ..... thus, 101 operates as a gloss on the terms "make and enforce contracts," the original language of the civil rights act of 1866 that was before this court in patterson. ..... while petitioners' appeal was pending, the civil rights act of 1991 (1991 act or act) became law. .....

Begam Suraiya Rashid and ors. Vs. State of Madhya Pradesh and ors.

Court : Supreme Court of India

Reported in : AIR2006SC1283; JT2006(2)SC527; 2006(2)MPHT272; 2006(2)SCALE433; (2006)3SCC305

..... dated 18.10.1962 written by the chartered accountant of the appellants to the deputy controller of the estate duty, it is stated in 3.9 that stud farm (jail bagh) standing in the area of about 59 acres, which is used for breeding of horses, and that land does not belong to the owners. 19 ..... report shows that the land in dispute was clearly recorded in the revenue records in the name of jail department and the board of revenue acted contrary to the facts in ordering mutation to be carried out in favour of the appellants. ..... section 3 provides that if any person is aggrieved by any order passed by the sdo under sub-section 2 he may file a civil suit to contest the validity of the order within a period of one year from the date of such order. ..... from the aforestated facts it clearly appears that the land in dispute was recorded in the name of jail department since from 1935 till 1989, when for the first time the appellants filed an application for ..... the appellants filed a civil suit no. ..... civil suit ..... no stretch of imagination, it can be said that the present dispute is hit by the principle of res judicata in view of the decision rendered in civil suit no. ..... , to be noted that it is the specific case of the respondent-government that the order of the jagir commissioner dated 2.3.1954 which was the subject matter of civil suit no. ..... disputed by the respondents that the decree in civil suit no. ..... that pursuant to the jagir commissioner's order dated 2.3.1954 civil suit no. ..... appellants filed civil suit no .....

Nanjappa Vs. Union of India (Uoi)

Court : Supreme Court of India

Reported in : 2008(1)KarLJ82; 2007(5)SCALE730; (2007)4SCC350; 2007AIRSCW6287(2007)2SCC(Cri)300; 2007LawHerald(SC)1249

..... help or support in any manner in the commission of organized crime as defined under section 2(c), whether before or after the commission of any offence by a member of any organized crime syndicate or abstains from taking lawful measures under the act or intentionally avoids to carry out the directions of any court or any superior police officers in that respect, shall be punished with imprisonment which may extend to three years and also fine. ..... regard to the nature of involvement alleged and the role attributed to the appellant, and the period already spent by the appellant in jail, we find it a fit case for grant of bail to the appellant. 8. ..... to use mobile phone for his unlawful activities, to run his fake stamp business from the jail and also to celebrate a party within the jail premises, all for illegal gratification.4. ..... /2002 was registered at madiwala police station, bangalore, on 16.10.2002 for offences punishable under section 120b, 255 to 258, 260 and 420 ipc read with section 63b of karnataka stamp act 1957 against the said abdul karim telgi and others.3. ..... for offences punishable under section 7 or 12 of the prevention of corruption act, the punishment is imprisonment for a term not less than six months but extending upto five years. ..... city civil and sessions judge], bangalore, to enlarge the appellant on bail on furnishing security to his satisfaction in a sum of rupees fifty thousand with two solvent sureties for like ..... city civil and sessions judge, bangalore) on 23.3. .....