Judgment Search Results Home > Cases Phrase: civil jails act 1874 Page 15 of about 18,286 results (0.129 seconds)

Collector of Malabar and anr. Vs. Erimmal Ebrahim Hajee

Court : Supreme Court of India

Reported in : AIR1957SC688; 1957CriLJ1030; [1957]32ITR124(SC); 1957(0)KLT1010(SC)

..... case, this court held that there was no violation of article 21 of the constitution where a person had been arrested under section 13 of the bombay land revenue act, 1876, in pursuance of a warrant of arrest issued for recovery of the demand certified under section 46(2) of the indian income-tax act, which did not offend article 14 of the constitution, inasmuch as such arrest was under a procedure established by law, that is to say, section 13 of ..... pocker, section 48 of the act does not in terms provide for the release of the defaulter if he pays up the arrears, but it is to be remembered that in addition to the powers under section 48 of the act, the collector has under the proviso to section 46(2) of the indian income-tax act, similar powers to that which a civil court has for recovery of ..... of recovering and taking that person into custody without any allegation or accusation of any actual or suspected or apprehended commission by that person of any offence of a criminal or quasi-criminal nature or of any act prejudicial to the state or the public interest, cannot be regarded as an arrest or detention within the meaning of article 22. ..... to him by the income-tax officer under section 46(2) of the indian income-tax act, the collector proceeded under section 48 of the act to issue a warrant of arrest against the respondent in consequence of which he was arrested and lodged in central jail, cannanore. 4. ..... suffering from paralysis and that he should not be sent back to jail custody. .....

Rev. Fr. K.C. Alexander Vs. State of Kerala

Court : Supreme Court of India

Reported in : AIR1973SC2498; (1973)2SCC737; [1974]1SCR399

..... that the resistance or obstruction still continues, may issue a warrant for the arrest of the said person, and on his appearance may send him with a warrant in the form of the schedule for imprisonment in the civil jail of the district for such period not exceeding 30 days as may be necessary to prevent the continuance of such obstruction or resistance :provided that no person so committed or imprisoned under this section shall be liable to be ..... a case in which the government had taken possession of the lands and had erected certain building on the land before a declaration under section 6 of the land acquisition act was made as to the appellant's property and it was contended that the appellant should be allowed the value of the land in the state in which it then was ..... the appellant has reiterated the submissions made before the trial court and the high court and contends that there is no order forfeiting the improvements as required under section 9 of the act, and if section 9 does not apply and there is no right of forfeiture as contemplated under section 9, then the appellant is entitled to compensation under the general law. ..... no authority has been cited for this novel proposition, and if accepted, it would give validity to a dangerous principle which will condone all acts of deliberate and wrongful trespass because any person desperate enough to trespass on other mans' land without any claim of title can always plead that he had a bona fide intention of improving the .....

Gujarat Heavy Chemicals Ltd. Vs. Assistant Collector of Customs

Court : Gujarat

Reported in : 1990(27)ECC197; 1993(66)ELT162(Guj); (1990)1GLR346

..... vii) petitions for initiating contempt of court alleging that the orders passed by appropriate tribunal/authority have not been complied with; and (viii) other petitions affecting the fundamental rights and other civil rights of citizens; (ix) company matters; and (x) references under income-tax act and sales tax act and other taxation laws can be decided by this high court and only by this high court and not by other statutory authorities. 11. ..... it is held that the remedy of appeal provided under the relevant provisions of the central excises and salt act, 1944 is alternative and efficacious remedy, and when such remedy is available to the petitioner, petition under art ..... there is no justifiable ground for the petitioner to harbour an apprehension that the appellate authority would act arbitrarily and would not consider the request of the petitioner for retesting another sample by an independent agency in just and ..... the collector (appeals) while exercising powers under the relevant provisions of the customs act, 1962 can determine the legality and validity of the order passed by the assistant collector by examining the facts as well as the ..... hundreds of accused are languishing in jail and awaiting their turn for their matters being heard for last about four to five ..... accused languishing in jail and detenus who run out their period of detention without their matters being heard, may even legitimately raise a question - can the high court give priority to any other matter than the .....

Smt. Gomti and ors. Vs. Rameshwardas and ors.

Court : Rajasthan

Reported in : AIR1971Raj211; 1970(3)WLN626

..... registration office or court for the purpose of executing any such power-of-attorney as is mentioned in clause (a) of this section, namely:-- (i) persons who by reason, of bodily infirmity are unable without risk or serious inconvenience so to attend;(ii) persons who are in jail under civil or criminal process; and(iii) persons exempt by law or order of darbar from personal appearance in court;(iv) ladies who by custom of the land live in pardah and(v) recognized religious or spiritual ..... execution. such a construction, however, would cause great difficulty and injustice, which it cannot be supposed the legislature contemplated, and would be inconsistent with the language and tenor of the rest of the act; their lordships, therefore, think the words should be read distributively, and be construed to mean that the registering officer shall refuse to register the document quoad the persons who deny the execution of the deed ..... 32.--(1) for the purposes of section 32, the following powers-of-attorney shall alone be recognized:-- (a) if the principal at the time of executing the power-of-attorney resides in any part of marwar in which this act is for the time being in force, a power-of-attorney executed before and authenticated by the registrar or sub-registrar within whose jurisdiction the principal resides;(b) if any principal is a tazimi, a power of attorney executed on plain paper .....

Venkatachalam Chetty Vs. K. Poova Gounder and 3 Others

Court : Chennai

Reported in : 2000(2)CTC288

..... the first respondent even more than rs.500 to the appellant and that therefore clause(b) of section 10 of the provincial insolvency act is attracted and in holding as it has come to the conclusion that the appellant was taking necessary steps either to attach the properties of the first respondent or to arrest him and send him to civil jail and that the first respondent was not able to pay his debts and allowed the petition by adjudge the ..... based upon the said principles to attach the property or to arrest and sent the first respondent to the civil jail. ..... officer, : air1964all322 wherein it has been said:' a substantial change was made in the law by the enactment of provincial insolvency act of 1920, which for the first time made it a condition precedent, for a debtor to entitle him to present an application for being declared an insolvent, to prove, prima facie, the he is unable to pay his debts ..... it had also considered the various conditions set forth in section 10 of the provincial insolvency act and came to the conclusion that the first respondent satisfies the said condition. ..... it is only when the conditions prescribed under section 10 of the act have been fulfilled that court has no option but to admit him to the protection of the insolvency ..... this condition was absent in the act of 1907 and, therefore, it was not then incumbent on the debtor, when presenting the petition, either to allege his inability to pay his debts, or to prove the same to entitle him to an order from the .....

Chanchal Singh Vs. Union of India (Uoi) and ors.

Court : Jammu and Kashmir

Reported in : 2003(3)JKJ381

..... may be, subsequently gives notice to such magistrate that in the opinion of such authority the accused should be tried by a border security force court, such magistrate if he has not before receiving such notice, done any act or made any order referred to in rule 4, shall stay proceedings and, if the accused ins in his power or under the control, shall in the like manner deliver him, with the statement prescribed in sub- ..... by the learned counsel for the respondents deals with the situation where the authorities formulate an opinion that the accused should be tried by a magistrate in accordance with the civil law in force or where the central government, on a reference by the magistrate under rule 7, decides that the proceedings against the accused should be initiated before a magistrate ..... delivery of accused to the magistrate -- where a person subject to the act has committed an offence which, in the opinion of the act has committed an offence which, in the opinion of the competent authority ought to be tried by a magistrate in accordance with the civil law in force or where the central government, on a reference mentioned in rules 8, decides that the proceedings against such person should be instituted before a magistrate, the commandant of such person shall, after giving ..... the office shall also direct superintendent jail, udhampur to hand over the custody of the accused to such security force personal/personals who is/are ..... into judicial custody at central jail, udhampur on the same .....

Holmberg Vs. Armbrecht

Court : US Supreme Court

..... made two defenses: (1) they invoked a new york statute of limitation barring such an action after ten years, new york civil practice act, 53; (2) they urged laches, claiming that petitioners had unduly page 327 u. s. ..... * "shareholders of every joint-stock land bank organized under this act shall be held individually responsible, equally and ratably, and not one for another, for all contracts, debts, and engagements of such bank to the extent of the amount of stock owned by them at the ..... a suit in equity by petitioners on behalf of themselves and all other creditors of the southern minnesota joint stock land bank of minneapolis to enforce the liability imposed upon shareholders of the bank by 16 of the federal farm loan act, equal to one hundred per cent of their holdings. ..... class suit by creditors of a joint stock land bank to enforce the liability imposed upon shareholders of the bank by 16 of the federal farm loan act is not barred by the state statute of limitations. p. ..... if the federal farm loan act had an explicit statute of limitation for bringing suit under 16, the time would not have begun to run until after petitioners had discovered, or had failed in reasonable diligence to discover, the alleged deception by bache ..... equity has acted on the principle that "laches is not, like limitation, a mere matter of time, but principally a question of the inequity of permitting the claim to be enforced -- an inequity founded upon some change in the condition or relations of the property .....

Collector of Bombay Vs. Burjor Hormusji Poonegar and anr.

Court : Mumbai

Reported in : AIR1964Bom7; (1963)65BOMLR191; ILR1963Bom715

..... demand.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 ..... sale of the lands by the central government in their favour.as we have already observed, on the creation of autonomous provinces in british india by the government of india act, 1935, sovereignty of the crown over the territories constituting such provinces was transferred to the provincial governments and all lands situated within the territories of the province began to ..... the crown had these prerogatives, but he urged that the expression 'under the provincial government' as used in section 3 (4) of the bombay city lands revenue act, 1876, had to be only literally construed and that, therefore, it was not proper to say that the respondents held the lands in suit under the provincial government ..... not be necessary in any deed relating to immovable property situate within the said territories (territories in the possession and under the government of the east india company) to be executed after the passing of this act, to add words of limitation to heirs, when the intention is to give the absolute interest to a person and his heirs general; but a gift, grant, or other conveyance of immoveable property to, .....

State of Maharashtra Vs. Official Liquidator of Reliance Heat Transfer ...

Court : Mumbai

Reported in : [2004]120CompCas648(Bom); (2004)2CompLJ317(Bom); [2004]53SCL158(Bom)

..... under the said code ;(iv) the assistant commissioner of sales tax shall have and exercise all the powers (except the powers of arrest and confinement of a defaulter in a civil jail) and perform, all the duties of the assistant or deputy collector under the said code ;(v) the sales tax officer shall have and exercise all the powers (except the ..... the liquidator from parting with such assets or properties in compliance with any order of a court or for the purpose of the payment of the tax payable by the company under this act or for making any payment to secured creditors whose debts are entitled under law to priority of payment over debts due to government on the date of liquidation or for meeting such ..... and salary earned wholly or in part by way of commission of any workman, in respect of services rendered to the company and any compensation payable to any workman under any of the provisions of the industrial disputes act, 1947 (14 of 1947) ;(ii) all accrued holiday remuneration becoming payable to any workman, or in the case of his death to any other person in his right, on the termination of his employment before, or ..... on behalf of the government of india, assess, reassess, collect and enforce payment of tax, including any interest or penalty, payable by a dealer under this act as if the tax or interest or penalty by such a dealer under this act is a tax or interest or penalty payable under the general sales tax law of the state ; and for this purpose they may exercise all or any .....

Sivakoti Dasaradharam and Others Vs. Sivakoti Yoganandam and Others

Court : Andhra Pradesh

Reported in : AIR1996AP273; 1996(1)ALT306

..... a power-of-attorney executed before and authenticated by the registrar or sub-registrar within whose district or sub-district the principal resides; (b) if the principal at the time aforesaid resides in any part of india in which this act is not in force, a power-of-attorney executed before and authenticated by any magistrate;(c) if the principal at the time aforesaid does not reside in india a power-of-attorney executed before and authenticated by a notary public, ..... imia 420 held that if aparty produces a bond in this country, or any other instrument, which appears to have been altered, the court will not receive it, or act upon it, till it is most satisfactorily proved by all the subscribing witnesses at the least, and other evidence, that that alteration was made antecedently to the signature. ..... any such power-of-attorney as is mentioned in clauses (a) and (b) of this section, namely:-- (i) persons who by reason of bodily infirmity are unable without risk or serious inconvenience so to attend; (ii) persons who are in jail under civil orcriminal process; and (iii) persons exempt by law from personal appearance in court. ..... on behalf of the appellant the privy council held that when a document is presented for registration under the registration act, by an agent who is not authorised by a power of attorney in accordance with sections 32 and 33 of that act, the registering officer has no jurisdiction to register the document, nor to indorse thereon a certificate under section 60. .....