Judgment Search Results Home > Cases Phrase: civil jails act 1874 Page 11 of about 18,286 results (0.120 seconds)

Sita Devi Thapa W/O Chakra Bahadur Thapa, Tripura Vs. the Commandant, ...

Court : Guwahati

..... that the commandant of the assam rifles has been appointed magistrate for a special purpose namely, for the purpose of enquiring into or trying offences committed by a rifleman under the assam rifles act or under any other law for the time being in force, that this amounted to appointing him with respect of a particular class of cases namely, those involving rifleman, that it ..... can be said is that the portion of the order in annexure d namely for the purpose of enquiring into or trying any offence committed by a rifleman and punish- able under the assam rifles act or under any other law for the time being in force' has to be held as against law and the commandant has to be held to have been appointed as a magistrate of the first ..... powers of a magistrate, first class, by the chief commissioner of tripura, that the proceedings against the petitioner's husband were taken for offences under the assam rifles act and the trial was held in accordance with the provisions of the criminal procedure code and that as first class magistrate, the commandant had the power to impose a sentence ..... civil jail on the request made by the commandant to the district magistrate by the letter annexure 4 and he was lodged in the central jail ..... the very constitution of the court for holding the judicial proceedings was unconstitutional and against the provisions of the army act and that the commandant of the 5th battalion assam rifles was only a second class magistrate and was incompetent to pass .....

Corporal G.S. Tripathi Vs. Union of India and Others

Court : Allahabad

Reported in : 2001(2)AWC1189; [2001(89)FLR804]; (2001)2UPLBEC1254

..... union of india and others, 1997 (i) uplbec 236, and it was held that the mere fact that a person is confined in civil jail in uttar pradesh in pursuance of an order passed by an officer under the provisions of army act which was not situate within the state of uttar pradesh, the court does not get jurisdiction to entertain writ petition to quash the order passed by the army authorities outside the territorial jurisdiction of the ..... he was later on transferred to civil prison at agra from air force station digaru and as he is confined in the prison at district jail. ..... the petitioner presented petition under section 161(1) of the air force act. .....

Tara Prasad Singh and ors. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR1980SC1682; (1980)4SCC179; [1980]3SCR1042

..... corporation owned or controlled by the central government to obtain a prospecting licence or mining lease in respect of the whole or part of the land covered by the mining lease which stands terminated section 4 of the amendment act introduces an additional provision in section 30 of the principal act by providing that any person who engages, or causes any other person to be engaged, in winning or mining coal from the whole or part of any land in respect of which no valid prospecting licence or mining lease ..... the various points made out by shri seervai during the course of his argument it will now be enough to say by way of a summing-up of the provisions of the nationalisation amendment act that : (1) by section 3(3)(a) of the coal mines (nationalisation) act, 1973 which was introduced by the nationalisation amendment act, no person other than those mentioned in clauses (i) to (iii) can carry on coal mining operations after april 29, 1976, being the date on which section 3 of the nationalisation amendment ..... but in so far as coal mines are concerned, we have, willy-nilly, to proceed on the basis that by reason of the definition of coal mine contained in section 2(b) of the act of 1973, and the definition of coking coal mine in section 3(c) of the act of 1972 which presents a striking contrast to the definition in section 2(b), composite coal mines, that is to say, coal mines in which there are seams of coal and fireclay (we are only concerned with fireclay in these petition), do .....

Sardar Dilshar Singh Vs. Labour Commissioner and anr.

Court : Supreme Court of India

Reported in : JT1995(9)SC595; 1995(5)SCALE463; (1995)6SCC66; [1995]Supp3SCR574; 1995(2)LC835(SC)

..... when the defaulter has been brought before him, the act envisages that collector may issue an order to the officer in charge of the civil jail of the district and direct the defaulter to be confined in the jail for a period not exceeding one month from the date of the order, as the collector thinks fit.6. ..... (3) when the defaulter is brought before the collector, the collector may issue an order to the officer in charge of the civil jail of the district, directing him to confine the defaulter in the jail for such period and not exceeding one month from the date of the order, as the collector thinks fit. ..... the procedure of issuance of prior notice tends to frustrate the affectivity of clause (b) of section 67 of the act and could aid as a lever to avoid process of recovery by arrest and detention.7. ..... while doing business in delhi, the workmen had an adjudication in the labour court under section 33-c(2) of the industrial disputes act, 1947, for recovery of arrears of salary, bonus etc. ..... it is contended by learned counsel for the appellant that the procedure prescribed in sections 67 and 69 of the punjab land revenue act, 1887 (punjab act no. ..... the act does not contemplate issuance of any prior notice before warrant of arrest is issued. .....

Ex. Ln Vishav Priya Singh Vs. Union of India (Uoi) and ors.

Court : Delhi

Reported in : 147(2008)DLT202

..... in them will be construed as limiting the discretion of the court to pass any legal sentence, whether in accordance with these instructions or not, if in its opinion, there is good reason for doing so:-(c) the award of imprisonment in a civil jail coupled with dismissal from the service must never be used merely as a mean of getting rid of a man from the service but should be imposed only when the offence by itself, or the offence and the man ..... petitioner had made complaints against his co on 26.3.1990; he was interviewed by the brigade commander on 30.5.1990; was asked to appear before the co, 18th punjab regiment on 15.7.1990; was charged under section 41(2) of the army act for disobeying a lawful command given by a superior officer in that he, when asked to accept a letter dated 16.7.1990, requiring his presence in co's office for investigation in unit, refused to do so and disobeyed verbal orders.3. ex. ..... singh's case (supra), the learned single judge has considered the scope and ambit of a summary court martial under section 116 of the act and has categorically held that the summary court martial cannot take place by transfer of the petitioner to another unit for purposes of trial. ..... that the 'notes' have been issued by the authorities of the armed forces for the guidance of the officers connected with the implementation of the provisions of the act and the rules and not with the object of supplementing or superseding the statutory rules by administrative instructions....13. .....

Dost Mahomed Vs. V. Browne and anr.

Court : Chennai

Reported in : AIR1930Mad354; (1930)58MLJ187

..... the question depends upon section 11 (b), presidency towns insolvency act, which requires as a condition to the exercise of the high court's jurisdiction that the debtor, within a year before the date of the presentation of the insolvency petition, has ordinarily resided or had a dwelling-house within the limits of the ordinary original civil jurisdiction of the high court.2. ..... in that case, lord esher, referring to section 6 of the bankruptcy act, 1883, which corresponds to section 11 (b) of the presidency towns insolvency act, said:it is quite clear that the time during which the debtor has 'ordinarily resided' or has 'had a dwelling-house' in england need not be the whole of the year before the presentation of the petition; it is to be 'within a ..... but in the case before us the debtor is not the lessee or the tenant of the house in old jail road or of any portion of it. ..... 10, old jail road, within the jurisdiction and that the court had consequently power to adjudicate him an insolvent. ..... 10, old jail road, royapnram, madras. ..... justice kumaraswami sastri has accordingly held that the debtor has not ordinarily resided within the limits of the high court's jurisdiction as required by section 11 (6) of the act. .....

T. Tiruvenkatachariar Vs. M.S. Chockalinga Chetty and anr.

Court : Chennai

Reported in : 76Ind.Cas.234

..... the accused were tried by the third presidency magistrate in 1921 for getting the complainant arrested on a warrant and sent to the civil jail when he possessed a valid protection order. ..... however, since the accused were discharged, a civil suit based on the same cause of action has been decided and the first accused has been mulcted in heavy damages, for his ill-advised action. ..... but in his report (exhibit l 3) he stated that second accused was worrying him to do his duty and to arrest the man and take him to jail, and prosecution witnesses nos. ..... 3) no doubt stated in his evidence that he acted on his own interpretation of the protection order. ..... i think it is not necessary in the ends of justice that he should again be put on a trial in a criminal court for these compound-able offences after he has purged his offence in the civil court. ..... 1 insisted on the complainant being taken to jail.4. ..... the acts of the accused were taken as offences falling under sections 341, 342 and 114, indian penal code. .....

Wali Mohammad Vs. Ganpat and anr.

Court : Allahabad

Reported in : AIR1931All243

..... thereupon the court directed that the surety should be sent to the civil jail for a period of six months for non-payment of the decretal amount. ..... the court below has not considered the scope and effect of sections 129 and 130, contract act, and has erred in holding that the surety was not competent to revoke the contract of guarantee with reference to future transactions. ..... i am clearly of opinion that the order passed by the court below, directing detention of the applicant in jail for a period of six months by reason of the non-appearance or in default of appearance of the judgment-debtor on 21st october 1929. ..... these vital questions have been completely ignored and by an arbitrary judgment the surety has been directed to be detained in the civil prison for a period of six months. ..... under section 130, contract act, a continuing guarantee may at any time be revoked by the surety, as to future transactions by notice to the creditor. ..... the guarantee was evidently given for the performance of a series of acts whenever they might happen. ..... it is contended that the contract entered into by the surety was of the nature of a 'continuing guarantee' within the meaning of section 129, contract act. ..... the court ought to have addressed itself to the further question whether the contract came within the definition of a continuing guarantee as given in section 129, contract act. .....

Gohel Parbhatbhai Nathabhai Vs. Pandya Arwindkumar Ambalal

Court : Gujarat

Reported in : AIR1987Guj160; (1987)1GLR307

..... (ii) has, after the institution of the suit in which the decree was passed, dishonestly transferred, concealed, or removed any part of his property, or committed any other act of bad faith in relation to his property, or (b) that the judgment-debtor has, or has had since the date of the decree, the means to pay the amount of the decree or sonic substantial part thereof and refuses ..... it may be stated that after the order was passed by the learned civil judge (jd) borsad the present petitioner was sent to jail for a period commencing from 19th september, 1978 to 7th october, 1978 ..... in the said case after considering the relevant sections of the civil procedure code act xiv of 1882 and particularly ss ..... of the amendment act of 1976 because when the order was passed by the executing court for arrest and detention of the judgment-debtor in civil prison in execution of the decree, it is not the case for attachment subsisting immediately before the commencement of this act. ..... 97 of the code of civil procedure (amendment) act, 1976, reads as under ..... in that view of the matter, when the amendment act of 1976 came into force, the amended provisions would apply from the date on which it came into ..... 97 of the civil procedure code amendment act, 1976 the old provisions would ..... (2) notwithstanding that the provisions of this act have come into force or the repeal under ..... . however, subsequently in the act of 1908 the position is made clear that when the judgment-debtor is released from detention under .....

Habron Co-operative Housing Society Limited Vs. Meenakshiben Anantkuma ...

Court : Gujarat

Reported in : AIR2002Guj163; (2001)4GLR3330

..... 2 and that contemnor is required to be punished by sending him to civil jail and that the learned trial judge also erred in not ordering for removing the construction and ..... court came to a conclusion that the dispute between the parties squarely falls under section 96(1)(b) of the act and therefore the civil court has no jurisdiction to try and pass any order whereas while passing order below exh. ..... involved in these two appeals is as under :(a) whether looking to the facts and circumstances of the case, the dispute of the parties falls under section 96(1)(b) of the gujarat co-operative societies act, 1961 (hereinafter referred to as he said act) or the civil court has jurisdiction to try the same?3. ..... air 1969 sc 1320 and submitted that when there is a dispute between a tenant on one hand and society on the other side, the said dispute cannot fall under the purview of section 96 of the act and the civil court has jurisdiction to resolve such dispute. ..... that the expression 'any dispute' in section 96 of the said act does not cover dispute by employee of society challenging his removal, on ground that it was act of victimization and that labour court alone is competent to adjudicate upon ..... by the member with the society as a member then any person who claims rights or title through that member must come within the provisions of section 91(1)(b) of the maharashtra co-operative societies act which is equivalent in language of section 96(1)(b) of the gujarat co-operative societies act. .....