Judgment Search Results Home > Cases Phrase: civil jails act 1874 Sorted by: recent Court: us supreme court Page 9 of about 3,903 results (0.155 seconds)

Hall Street Associates, L. L. C. Vs. Mattel, Inc.

Court : US Supreme Court

..... in a contemporaneous campaign for the promulgation of a uniform state arbitration law, cohen contrasted the new york act with the illinois arbitration and awards act of 1917, which required an arbitrator, at the request of either party, to submit any question of law arising during arbitration to judicial ..... no indemnification was due, because the lease obligation to follow all applicable federal, state, and local environmental laws did not require compliance with the testing requirements of the oregon drinking water quality act (oregon act); that act the arbitrator characterized as dealing with human health as distinct from environmental contamination. ..... a brief submitted to the house and senate subcommittees of the committees on the judiciary, julius henry cohen, one of the primary drafters of both the 1920 new york act and the proposed faa, said, the grounds for vacating, modifying, or correcting an award are limited. ..... new york arbitration law incorporated pre-existing provisions of the new york code of civil procedure. ..... a question raised by this court at oral argument: should the agreement be treated as an exercise of the district court s authority to manage its cases under federal rules of civil procedure 16? ..... deviate from the standard sequence of litigation procedure, and was adopted by the court as an order, there is some question whether it should be treated as an exercise of the district court s authority to manage its cases under federal rule of civil procedure 16. .....

Commissioner of Customs and Central Excise, Goa Vs. Phil Corporation L ...

Court : Supreme Court of India

Reported in : 2008(2)BomCR474; 2008(125)ECC111; 2008(151)LC111(SC); 2008(223)ELT9(SC); JT2008(2)SC239; 2008(2)SCALE260; 2008AIRSCW1394

..... comprehend the controversy involved in these cases, we deem it proper to reproduce the legislative intention by reproducing the extracts of chapters 8 and 20 of the central excise tariff act, 1985.chapter 8edible fruit and nuts; peel of citrus fruit or melonsnote:this chapter does not cover inedible fruits or nuts.heading no. ..... dated 4.10.1999 denied the allegations incorporated in the show cause notice and submitted that its products were correctly classifiable under chapter heading 0801.00 of the central excise tariff act, 1985 and chargeable to nil rate of duty and hence there was no requirement to register with the central excise authorities. 4. ..... purpose of inserting this definition is to make it clear that at certain places in the act the word 'manufacture' has been used to mean a process incidental to the manufacture of ..... submitted that in the hsn notes to chapter 8, roasted groundnuts have been specifically excluded whereas in note 1 of chapter 20 of the central excise tariff act, all products where preservative solution is applied or dried, dehydrated or evaporated, have been included. ..... on paragraph 12 of the said judgment which reads as under:the decisions aforesaid make it clear that the definition of the expression 'manufacture' under section 2(f) of the act is not confined to the natural meaning of the expression 'manufacture' but is an expansive definition. ..... civil ..... consequently, civil appeal nos.7325-7326/01 filed by m/s coco dry ..... repetition, the facts of civil appeal no. .....

Smt. Bachahan Devi and anr. Vs. Nagar Nigam, Gorakhpur and anr.

Court : Supreme Court of India

Reported in : AIR2008SC1282; 2008(2)ALD118(SC); 2008(2)ALLMR(SC)299; 2008(2)ALT49(SC); 2008(2)AWC1931(SC); (SCSuppl)2008(3)CHN229; 2008(2)CTC790; (2008)3MLJ303(SC); (2008)152PLR5; 2008AIRSCW1326; 2008(1)Supreme756; 2008(3)LH(SC)2135; 2008(3)ICC159; 2008(3)KCCR2043

..... therefore, to interpret the legal import of the word `may', the court has to consider various factors, namely, the object and the scheme of the act, the context and the background against which the words have been used, the purpose and the advantages sought to be achieved by the use of this ..... also held that in the present matter under the provision of order 41 rule 25 of civil procedure code, becomes mandatory (shall) though in this provision, the word 'may' has ..... the relevant statute provided that if in the course of any assessment a question arises as to the interpretation of the act, the chief revenue authority 'may' draw up a statement of the case and refer it to the high court ..... and for finding out the legislative intent, the court must examine the scheme of the act, purpose and object underlying the provision, consequences likely to ensue or inconvenience likely to result if the provision is read one way or the other and ..... word `may' involves a discretion coupled with an obligation or where it confers a positive benefit to a general class of subjects in a utility act, or where the court advances a remedy and suppresses the mischief, or where giving the words directory significance would defeat the very object of the act, the word `may' should be interpreted to convey a mandatory force. ..... lord bishop of oxford (1880) 5 ac 214 : 49 lj qb 580 : (1874-80) all er rep 43 (hl), the bishop was empowered to issue a commission of inquiry in case of alleged misconduct by a clergyman, either .....

Ghasita Sahu Vs. State of Madhya Pradesh

Court : Supreme Court of India

Reported in : AIR2008SC1425; 2008(1)ALD(Cri)893; 2008(3)ALT(Cri)298; 2008(2)SCALE43; (2008)3SCC52; 2008AIRSCW1435; AIR2008SC1425; 2008(3)SCC52; (2008)1SCC(Cri)605; 2008CriLJ2060; 2008(1)Crimes302; 2008(1)AICLR666; 2008(2)LH(SC)819

..... the appellant herein challenges his conviction for the offence under section 8 read with section 20(b)(ii) of the narcotic drugs and psychotropic substances act, 1985 (hereinafter referred to as 'ndps act') recorded by the trial court and confirmed by the high court. 3. ..... in this case the search was of a house and, therefore, all that the investigating officer had to follow was the conditions under section 42 of the act read with section 100 cr.p.c. ..... section 51 of the act specifically provides that the provisions of criminal procedure code shall apply in so far as they are inconsistent to the provisions of the act to all warrants, arrest, searches and seizures made under this act. ..... than the commercial quantity though more than the small quantity and that the accused has all through been behind the bars after his arrest and he has almost completed four years in jail. ..... lastly, the learned counsel tried to suggest that the appellant was not given any idea about his right to have the search taken in presence of a gazetted officer in terms of section 42 of the act. ..... before the search was taken, the investigation officer had completed all the formalities as per section 42 of ndps act. .....

Dhampur Sugar Mills Ltd. Vs. State of U.P. and ors.

Court : Supreme Court of India

Reported in : AIR2008SC48; 2007(2)BLJR3046; JT2007(11)SC293; 2007(11)SCALE418; (2007)8SCC338

..... against the respondents for issuance of appropriate writ, direction or order quashing certain government orders said to have been passed by the authorities under the uttar pradesh sheera niyantran adhiniyam, 1964 [act xxiv of 1964] (hereinafter referred to as 'the act') directing the writ-petitioner to supply 20% of the molasses produced by the sugar mills for manufacturing 'country made liquor' by distilleries for the financial years 2003-04 and 2004-05. ..... consequential action of issuance of show cause notices as to why it should not be prosecuted for committing offences punishable under the act since it has not complied with the orders issued by the authorities and has not supplied 20% molasses for manufacturing country liquor. ..... , dated november 24, 1965.in exercise of the powers under section 3 of uttar pradesh sheera niyantran adhiniyam, 1964 (uttar pradesh act xxiv of 1964) read within rules 3 and 5 of the uttar pradesh molasses advisory committee rules, 1965, the governor of uttar pradesh is pleased to constitute an advisory committee to advise on matters relating to the control ..... lord bishop of oxford (1880) 5 ac 214 : 49 lj qb 580 : (1874-80) all er rep 43 (hl), the bishop was empowered to issue commission of inquiry in case of alleged misconduct by a clergyman, either on an application by ..... directed against the judgment and final order passed by the division bench of the high court of judicature at allahabad dated october 29, 2004 in civil miscellaneous writ petition no. .....

Jaya Simha Vs. State of Karnataka

Court : Supreme Court of India

Reported in : AIR2008SC377; 2008(1)KarLJ291; 2007(11)SCALE344; (2007)8SCC145; 2007AIRSCW7056; 2008(1)AIRKarR85

..... 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. ..... 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. ..... 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. ..... 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 ..... appellant has already been in jail for about three years and ..... that they had committed offences punishable under sections 7, 12, 13(1)(d) read with section 13(2) of prevention of corruption act, 1988 and sections 3, 4 and 25 of karnataka control of organized crimes act, 2000 ('kcoc act' for short). ..... city civil and sessions judge], bangalore, to enlarge the appellant on bail on furnishing security to his satisfaction for a sum of rupees fifty thousand with two solvent sureties ..... city civil and sessions judge, parappana, agrahara, .....

Bowles Vs. Russell

Court : US Supreme Court

..... but the point we were making was that thompson could not excuse a lawyer s original mistake in a case in which a judge had not assured him that his act had been timely; the court of appeals in osterneck had found that no court provided a specific assurance, and we agreed. ..... scarborough , which addressed the availability of attorney s fees under the equal access to justice act, concerned a mode of relief ancillary to the judgment of a court that already had plenary ..... there, pursuant to then-rule 73(a) of the federal rules of civil procedure, a district court entertained a timely motion to extend the time for filing a notice of ..... but the 90-day period for civil cases derives from both this court s rule 13.1 and 28 u. s. ..... , 2107 (providing that notice of appeal in civil cases must be filed within thirty days after the entry of such judgment ..... osterneck , we described the unique circumstances doctrine as applicable only where a party has performed an act which, if properly done, would postpone the deadline for filing his appeal and has received specific assurance by a judicial officer that this act has been properly done. id. ..... we have long held, when an appeal has not been prosecuted in the manner directed, within the time limited by the acts of congress, it must be dismissed for want of jurisdiction. ..... , 113 (1848) ( [a]s this appeal has not been prosecuted in the manner directed, within the time limited by the acts of congress, it must be dismissed for want of jurisdiction ). ..... jail , .....

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. .....

Dilip S. Dahanukar Vs. Kotak Mahindra Co. Ltd. and anr.

Court : Supreme Court of India

Reported in : [2007]137CompCas1(SC); 2007CriLJ2417; (2008)1GLR307; JT2007(6)SC204; 2008(1)MhLj22; 2007(11)OLR(SC)263; 2007(5)SCALE452; (2007)6SCC528

..... the fine recovered to be applied-* * * * (b) in the payment to any person of compensation for any loss or injury caused by the offence, when compensation is, in the opinion of the court, recoverable by such person in a civil court;* * * * (2) if the fine is imposed in a case which is subject to appeal, no such payment shall be made before the period allowed for presenting the appeal has elapsed, or if an appeal be presented, before the ..... the legal position was declared as under:where the prisoner seeks to file an appeal or revision, every facility for exercise of that right shall be made available by the jail administration;these benign prescriptions operate by force of article 21 (strengthened by article 19(1)(d) read with sub-article (5) from the lowest to the highest court where deprivation of life and personal liberty is in substantial ..... was apparent that the draftsman and parliament had by inadvertence overlooked, and so omitted to deal with, an eventuality that required to be dealt with if the purpose of the act was to be achieved; and thirdly, it was possible to state with certainty what were the additional words that would have been inserted by the draftsman and approved by ..... interpretation of section 357 of the code of criminal procedure, 1973 ('the code', for short) vis--vis the provisions of the negotiable instruments act ('the act', for short), as regards power to impose sentence of fine is involved in these appeals which arise out of a judgment and order dated 6.6.2006 .....

Ramesh Chander Singh Vs. High Court of Allahabad and anr.

Court : Supreme Court of India

Reported in : 2007(3)ALLMR(SC)848; 2007(6)BomCR865; [2007(113)FLR841]; JT2007(4)SC135; (2007)4MLJ1055(SC); 2007(3)SCALE559; (2007)4SCC247; (2007)2SCC(Cri)266; 2007AIRSCW2251

..... course, if the judicial officer conducted in a manner as would reflect on his reputation or integrity or good faith or there is a prima facie material to show recklessness or misconduct in discharge of his duties or he had acted in a manner to unduly favour a party or had passed an order actuated by corrupt motive, the high court by virtue of its power under article 235 of the constitution may exercise its supervisory jurisdiction. ..... to take notice of the fact that the co-accused who were similarly situate had been granted bail by the high court and that accused ram pal, who was a student and had been in jail for more than one year was granted bail for cogent reasons, set out in the order passed by the appellant. ..... unlike provisions for granting bail in tada act or ndps act, there was no statutory bar in granting bail to the accused in ..... moreover, accused ram pal had been in jail for one year as an under-trial prisoner and the charge-sheet had already ..... co-accused had been granted bail by the high court, the appellant cannot be said to- have passed an unjustified order granting bail, that too, to an accused who was a student and had been in jail for more than one year. ..... judgment dated 25.11.2005, the appellant was reduced to the rank next below, that is, civil judge (senior division). ..... he joined the provincial civil service (judicial) in the year 1976 and in may 1994 he was promoted to the higher judicial service and posted as ..... of reverting the appellant to the post of civil judge (sr. .....