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Smt. Indira Nehru Gandhi Vs. Shri Raj NaraIn and anr.

Court: Supreme Court of India

Reported in: AIR1975SC2299; 1975(Supp)SCC1; [1976]2SCR347

..... in bharaii s case air1973sc1461 under the indian constitution the original sovereign the people created by the amending clause of the constitution a lesser sovereign almost coextensive in power ..... was exercising its constituent legislative power that legislative power does not adjudicate but only creates validity even retrospectively by enacting a law with the effect that validation is law .....

H.M. Kari Gowder Vs. S.A.K. Chinnathambi Chettiar and ors.

Court: Chennai

Reported in: (1976)2MLJ191

..... or connection with the general business therefore independent delivery of the documents with intent to create an equitable mortgage is a necessary sine qua non before an encumbrance becomes attached ..... requires registration under section 17 of the indian registration act 190 as non testamentary instrument creating an interest in immoveable property where the value of such property is one hundred .....

Calcutta Loans Pvt. Ltd. Vs. Prakash Krishna Mitter

Court: Kolkata

Reported in: (1975)2CompLJ87(Cal),[1978]114ITR487(Cal)

..... bombay provincial municipal corporation act 1949 it was held that the said section apart from creating a statutory charge does not further provide that this charge is enforceable against the property ..... existing mortgage by payment of his dues but the principle is recognised that any mortgage created after the attachment which would prejudice the execution creditor is void against him by parity .....

Smt. Ram Mani Devi Vs. Rent Control and Eviction Officer and ors.

Court: Allahabad

Reported in: AIR1976All517

..... new statute or regulation specifically or by necessary implications affects rights created under the old law those rights must be held to ..... the district magistrate cannot unilaterally by an order of allotment create a valid sub tenancy this would show that the district ..... as follows whether sub letting of a portion of an accommodation creates vacancy so as to attract the controlling power of the .....

Cort Vs. Ash

Court: US Supreme Court

..... rise directly to a cause of action for damages in favor of stockholders in state created corporations necessarily would imply that union members despite the much stronger federal interest in unions ..... earlier origin and it would be odd to infer from congress actions concerning the newly created provisions of title iii any intention regarding the enforcement of a long existing statute petitioners .....

Alyeska Pipeline Svc. Co. Vs. Wilderness Soc'y

Court: US Supreme Court

..... general basis and we find nothing in these remarks indicating any congressional approval of judicially created private attorney general fee awards footnote 37 congress in its specific statutory authorizations of ..... 285 after concluding that the federal courts have equitable power which can be used to create and implement a private attorney general rule attempts to solve the problems of manageability .....

Rasiklal M. Mehta and anr. Vs. the Hindustan Photo Films Manufacturing ...

Court: Chennai

Reported in: AIR1976Mad194; (1976)1MLJ115

..... registered instrument and that only because of section 116 statutorily creating the subsequent lease the provision regarding the requirement of a ..... word lease not merely for interests which can only be created by registered instrument but for all interests of the character ..... yearly rent from the requirements of their being made or created only by registered instruments consequently the policy of law is .....

St. Francis Xaviers' Church by Its present Parish Priest Rev. Father J ...

Court: Chennai

Reported in: (1976)1MLJ230

..... contention of the learned counsel was that the compromise decree created leasehold rights in favour of the first respondent and therefore required ..... is no doubt a non testamentary instrument which operates to create a right in immoveable property a compromise which operates as ..... under all the terms relating to lease had been settled created a demise in praesenti notwithstanding that a formal lease was .....

Hill Vs. Stone

Court: US Supreme Court

..... year of the bond election mere reasonableness will therefore not suffice to sustain the classification created in this case b the appellant has sought to justify the state s rendering ..... matter under texas scheme of tax assessment and collection the rendering requirement may in effect create a property related classification appellees counsel informed us at oral argument that fort worth like .....

Official Liquidator Vs. Swarup Cold Storage

Court: Allahabad

Reported in: AIR1976All88

..... together with the instrument if any by which the charge is created or evidenced or a copy thereof verified in the prescribed manner ..... partnership deed by inclusion therein of the specific amount of charge created and furnish the same to this office the letter continued to ..... applicable 16 it was then urged that the agreement in question created in law a pledge of the specific moveable properties of which .....