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Attorney-general of Alberta Vs. Attorney-general of Canada and Others

Court : Privy Council

Reported in : AIR1943PC76

..... creditors. after obtaining his discharge, he would be free from his previous liabilities (with certain exceptions) and could start in business again. the act of 1861 also made certain provisions for non-traders and elaborate provision for the suspension of bankruptcy proceedings and for substituting a deed of arrangement subject to ..... not be here mentioned) of all the creditors. the bankruptcy court had large powers of examining the debtor as to his affairs. if he had acted without dishonesty and certain kinds of impropriety he would ultimately get his discharge. during the proceedings he was protected from arrest and vexatious litigation by his ..... greater certainty but not so as to restrict the generality of the foregoing terms of this section it is hereby declared that (notwithstanding anything in this act) the exclusive legislative authority of the parliament of canada extends to all matters coming within the classes of subjects next hereinafter enumerated must be given their .....

Niharenddu Dutta Mazumdar and ors. Vs. A.E. Porter and ors.

Court : Kolkata

Reported in : AIR1945Cal107

..... to leave the court room so that free movement of the said seven persons may not be interfered with. that direction was obeyed and the policemen and the jail guards went out of the court room. the police men, however, just stepped outside info the adjoining corridor, which is the passage to the court room and lined themselves ..... the court building to prevent any demonstration or disturbance of the peace.3. before the order for the release of the detenus was made, there was the armed jail guard standing near them and, of course, there were many policemen in uniform and doubtless others not in uniform in the court. mitter j. when he made the order ..... far as mr. janvrin was concerned, when the police were ordered to clear off, he together with the armed guard and several policemen left the court. i can find no ground for saying that either mr. janvrin or the police generally acted in contempt of this court.22. i will, however, deal with the allegations' against the assistant commissioner, khan .....

Lady Dinbai Petit Vs. M.S. Noronha

Court : Mumbai

Reported in : AIR1945Bom419; (1945)47BOMLR500

..... the government of bombay had appointed mr. noronha, chief judge of the small causes court, bombay, as arbitrator under is. 19 of the defence of india act to assess compensation payable to the petitioners. the arbitrator fixed a date; for proceeding with the arbitration. in the meanwhile the petitioners had applied to this court ..... is necessarily legislation of a temporary nature. this is an argument which would, apply to every instance in which there is acquisition under the defence of india act. mr. munshi argued that the petition is not misconceived, that any order made under the petition would be really against the respondent far staying the arbitration and ..... for a different set of proceedings although this is my real grievance, but for the purposes of bringing the matter within section 45 of the specific relief act i shall limit my application on this particular point. in fact the mere stopping of the arbitration proceedings cannot solve the difficulties and palliate the grievances of .....

Tan Bug Taim Vs. Collector of Bombay

Court : Mumbai

Reported in : AIR1946Bom216; (1945)47BOMLR1010

..... enactment. chapter v, however, enacted provisions as regards certain relations resembling those created by contract, and in section 68 to section 72 of that act provisions were enacted with regard to those relations resembling those created by contract, viz. claim for necessaries supplied to person incapable of contracting of on ..... 'provincial legislative list').24. these are the three lists, the federal, the concurrent and the provincial legislative lists enacted under section 100 of the act which lay down the subject-matters of the federal and the provincial laws.25. section 102 enacts that notwithstanding anything in the preceding sections of the ..... federal executive, the federal legislature, the legislative powers of the governor general and provisions in case of failure of constitutional machinery. part iii of the act deals with the governor's provinces including in its various chapters the provisions as to the provincial executive, the provincial legislature, the legislative powers of .....

Bhatele Ramesh Chand Vs. Dr. Shyam Lal and ors.

Court : Allahabad

Reported in : AIR1946All34

..... 177. the first case is against the appellant as far as it goes, but i do not think it affords a proper guide. section 75(3), provincial insolvency act (act 5 [v] of 1920) itself gives a very limited right of appeal. indeed, there is no appeal without the leave of the court. the legislature had, therefore ..... the contrary. section 54 which gives the local government the power to make rules clearly says that those rules must be 'consistent with the provisions of this act.' rule 6 also emphasises the same point of view, when it says that though the proceedings may be governed by the civil procedure code, nevertheless only such provisions ..... : air1936all686 . that this court has revisional jurisdiction under section 115, civil p.c., to interfere with orders passed by subordinate civil courts in proceedings under the encumbered estates act is also clearly established. reference might be made to the case in ashraf v. saith mal : air1938all47 and to the case in achraj singh v. hardwar : air1941all131 .....

Lady Dinbai Petit Vs. M.S. Noronha

Court : Mumbai

Reported in : AIR1946Bom407; (1946)48BOMLR255

..... a locus classicus (p. 205):-wherever any body of persons having legal authority to determine questions affecting the rights of subjects, and having the duty to act judicially, act in excess of their legal authority they are subject to the controlling jurisdiction of the king's bench division exercised in t0hese writs.at pp. 204 and ..... as. courts of justice. wherever any body of persons having legal authority to determine questions affecting the rights of subjects, and having the duty to act judicially, act in excess of their legal authority they are subject to the controlling jurisdiction of the king's bench division exercised in these writs.it appears therefore clear ..... that the authority to issue such writs existed in the king's bench division and such writs have been granted against bodies acting judicially or performing quasi-judicial functions.10. in india, the question of jurisdiction of the high court to issue the writ of prohibition came to be .....

The Globe theatres, Ltd. Vs. the Chief Judge of Small Causes Court

Court : Mumbai

Reported in : (1946)48BOMLR691

..... be taken into consideration. while the court must be cautious in accepting observation found in cases decided in england, which are based on numerous rating and taxing acts, the general principles about fixing the annual letting value are useful guides, if they are stated as principles irrespective of the wording of the particular statute. in ..... extrinsic to the adjudication involved in the matter.8. having regard to these decisions it is next necessary to consider the provisions of the city of bombay municipal act. section 140 (omitting the immaterial portions) is in these terms:the following taxes shall be levied on buildings and lands in the city, and shall be called ..... dissatisfied with the assessment made by the municipality appealed to the chief judge .of the small causes court under section 217 of the city of bombay municipal act. other cinema owners, who were the proprietors of the buildings in which their cinemas were run, also filed similar appeals and all of them were disposed of .....

Dr. N.G. Chatterji and anr. Vs. Emperor

Court : Allahabad

Reported in : AIR1946All416

..... substitute. his report was that it was possible to substitute power alcohol for petrol and the government accepted his report, with the result that it passed an act called the power alcohol act, (act 18 [xviii] of 1940). in july 1941, he was appointed technical adviser to the excise commissioner. it might be mentioned that mr. bhadkamkar, i.c ..... ('02) 25 mad. 61. the facts wore these: one subramania iyer was tried on an indictment in which he was charged with no less than forty-one acts, these acts extending over a period of two years. section 234, criminal p.c. permitted trial of offences, extending over a period of twelve months only. this mistake was ..... r. chatterji and b. mukerji. the seventh case directed against dr. chatterji and mr. b. mukerji under section 409, penal code. the eighth case under the excise act was also directed against all the three. the first five cases under section 161 and, in the alternative, under section 164 directed against dr. chatterji alone ended in his .....

United States Vs. New York Telephone Co.

Court : US Supreme Court

..... the time of the original entries, appellee was subject to the accounting regulations of the interstate commerce commission. subsequently, the federal communications commission, under the communications act, ordered the appellee to charge to surplus the difference between the "structural value" and the "original cost" of the property, less related depreciation, and ..... which is based upon "original cost." the attacked entries were made in 1925, 1926, 1927, and 1928, prior to enactment of the federal communications act, upon acquisition by appellee of business and property from its affiliate, american telephone and telegraph company. the case embodies a rather long delayed chapter of the ..... have been made concurrently to the depreciation reserve, [ footnote 14 ] appellee says the commission is without power, perhaps under the terms of the communications act, but at any rate under its own system of accounts, to order a reclassification of the entries for plant which has now been retired. the .....

In Re Yamashita

Court : US Supreme Court

..... neglect . . . as well as complete failure by the higher echelons of command to detect and prevent cruel and inhuman treatment accorded by local commanders and guards;" and that, although "the defense had established the difficulties faced by the accused" with special reference, among other things, to the discipline and morale of ..... particular context means "presumably to a higher authority," or "possibly it merely means one who controls his subordinates, and who therefore can be called to account for their acts." wheaton, international law (14th ed., by keith, 1944, p. 172, fn. 30). still another authority, westlake, international law (1907, part ii, p. ..... struggles of modern times, inhumanities, lust, and pillage have been the inevitable byproducts of man's resort to force and arms. unfortunately, such despicable acts have a dangerous tendency to call forth primitive impulses of vengeance and retaliation among the victimized peoples. the satisfaction of such impulses, in turn, breeds .....