Judgment Search Results Home > Cases Phrase: elephants prevention act 1879 section 7 penalty for contravening section 3 Sorted by: old Page 1 of about 323 results (0.237 seconds)

United States Vs. Rio Grande Dam and Irrigation Co.

Court : US Supreme Court

..... by the construction of said dam and reservoir at said point called 'elephant butte,' about one hundred and twenty-five miles above the city of el paso, said point being in the territory of new mexico, and the diversion of the said waters and the use of the same for the purposes hereinbefore mentioned, will so deplete and prevent the flow of water through the channel of said river below said ..... or who shall violate the provisions of the last four preceding sections of this act, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine not exceeding five thousand dollars, or by imprisonment (in the case of a natural person) not exceeding one year, or by both such punishments, in the discretion of the court; the creating or continuing of any unlawful obstruction in this act mentioned may be prevented, and such obstruction may be caused to be removed by ..... , an act was passed for the sale of desert lands, which contained in its first section this proviso ..... 3, 1891, an act was passed repealing a prior act in respect to timber culture, the eighteenth section of which provided ..... we are of opinion that the section of the act which we have quoted was rather a voluntary recognition of a preexisting right of possession, constituting a valid claim to its continued use, than ..... of the power, oftentimes declared by this court to belong to it, of national control over navigable streams, and various sections in this statute, as well as in the act of july 13, 1892, c. .....

United States Vs. Rio Grand Dam and Irrigation Co.

Court : US Supreme Court

..... , or who shall violate the provisions of the last four preceding sections of this act, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine not exceeding five thousand dollars, or by imprisonment (in the case of a natural person) not exceeding one year, or by both such punishments, in the discretion of the court; the creating or continuing of any unlawful obstruction in this act mentioned may be prevented and such obstruction may be caused to be removed by the injunction of any circuit ..... 419 or any other dam, breakwater, reservoir or other structure, or obstruction of any character whatsoever, "across the rio grande or the waters thereof, or from maintaining such dam or obstruction in the territory of new mexico, and especially at elephant butte in said territory, or any other point on said river in said territory of new mexico, as shall affect the navigable capacity of said rio grande at any point throughout its course, whether, in the territory of new mexico or ..... was based were stated in writing as follows: "that said plaintiffs have been and are unable to collect and present to this honorable court the necessary and proper evidence and oral testimony from witnesses for a proper presentation of the plaintiff's side of said cause, notwithstanding having used due diligence to that end, all of which will more fully appear from an affidavit hereto attached and made a part of this motion in support .....

Empreor Vs. Bakaullah Mallik

Court : Kolkata

Reported in : (1904)ILR31Cal411

..... in the present case, applying as far as we can the principles laid down in the cases we have quoted, and the sections to which we have referred, we do not think that the fact that mark a was known as 'mash marka' can be held to prevent other persons from applying a mark to fish-hooks, which may be generally known by the same term. ..... the appellants in the present case have been convicted on charges under section 482 and section 486 of the indian penal code, as amended by the indian merchandise marks act, 1889, of using a false trade-mark, and selling goods marked with a counterfeit trade-mark, and under section 6 of the merchandise marks act of applying a false trade description to goods, and they are now appealing against these ..... and in this present case the point seems to depend on whether the application of the term 'mash marka' is in the language of section 480 of the indian penal code or section 4(1) of the merchandise marks act 'reasonably calculated to cause it to be believed (or to lead persons to believe) 'that the fish-hooks sold under mark e are the merchandise of the opposite party ..... there is an a priori likelihood that this would be so, and the attempt made on behalf of the appellants to prove that mark a fish hooks were asked for under the name 'jori mash marka', while these were oalled 'ekmash marka,' seems to point in the same direction. ..... 219 both marks contained two elephants, which clearly distinguished it from the present case ..... in the 'two elephants case' johnston v .....

Hari Charan Agradani and anr. Vs. Sasti Charan Agradani and ors.

Court : Kolkata

Reported in : 6Ind.Cas.175

..... no suggestion that there was any interference in the matter on their part, and there was nothing to prevent them from accepting the gift from the performer of the sradh. ..... clear, therefore, that before the title of the agradani brahmin accrues, there must be a gift accepted by him, for as stated by jimutabahana (dayabhaga, chapter i, para i, 21), 'in the case of donation, the donee's right to the thing arises from the act of the giver, namely, from his relinquishment in favour of the donee who is a sentient person. ..... the man who accepts an elephant, a horse, a chariot or a vehicle (of other sort), the bedding and seat of the dead, a black skin of antelope, a cow with faces in two directions (that is a cow when being delivered) is a sinner, is degraded in this world and ..... the hindus, the acceptance of certain kinds of movables, such as elephants and horses, is strictly forbidden. ..... needless to examine whether the plaintiffs, have any legally enforceable claim for damages against the man who had invited them or against the person who had interfered, in the matter to their prejudice, or whether the performer of the sradh has been merely guilty of a sinful act contrary to the religious precepts on the subject. ..... there must consequently be a gift and an acceptance and there is no foundation for the position assumed by the plaintiffs that an agradani brahmin has a vested right in the offerings ..... the circumstances, under which the question arises for decision, are fairlylclear upon the evidence on .....

Maliram Kalita (Bara Kalita Is Vakalatnamah) and ors. Vs. Purnananda A ...

Court : Kolkata

Reported in : 54Ind.Cas.761

..... so, the plaintiff being guilty, in the opinion of the learned judge, of negligence in turning out his elephant without being properly secured, the defendants were entitled to use force to remove the elephant from their premises and to prevent it from committing damage to their property. ..... of course, the defendants were not entitled to inflict injuries more than what were reasonably necessary for the purpose of preserving their property and for removing the plaintiff's elephant from their property. ..... the facts found by the judge are these:-- this elephant had been turned out under a state of partial control by having its feet tethered on to the grazing ground belonging to the plaintiff. ..... injury by spear might have been an act done on the spur of the moment, hut the blow from the dao and the mischief by fire were matters that would take some time having regard to the nature of the elephant's bide. ..... but what the learned judge has found then is this: he found, to my mind in distinct terms, that the injuries inflicted upon the elephant were excessive and were not such as were requisite or necessary for preserving the rights of the defendants. ..... i think the learned judge was dearly right in finding that, the injuries were excessive and that, therefore, the elephant had been damaged and the plaintiff was deprived of its services owing to this excessive act of the defendants. .....

Ram Kumar Mazumdar and on His Death His Heir and Legal Representative ...

Court : Kolkata

Reported in : 65Ind.Cas.579

..... the court of first instance gives the plaintiff a general right of way including the right of way for carriages, carts palanquins, processions, elephants, corpses, etc. ..... we may also refer to section 28 of the indian easements act which, though not applicable to this case, codifies this well known principle of law. ..... with this modification, namely, that the plaintiff will have a right of user for the passage of men, carts, palanquins and corpses, we disallow the plaintiff's claim, affirm the decision of the lower appellate court and dismiss the appeal. ..... but we are not inclined to agree with the lower appellate court; as to the restriction on the user by preventing corpse to be carried through it. ..... the plaintiff appeals to this court and contends that he ought to have had a declaration that he is entitled to have a general right of way for carriages, processions, elephants, etc.3. ..... this appeal arises out of a suit brought by the plaintiff appellant for a declaration of right of way over a strip of land belonging to the defendants. ..... on the evidence he has found that the plaintiff has succeeded in proving the user of the pathway for men, carts and palanquins. ..... , the user of a way for horses may include the right to lead smaller animals as well but not larger animals or loads. ..... we may refer for the principle of law governing this sage to gale on easements, 9th edition, page, 316, and goddard on the law of easements page 377. .....

F.T. Kingsley Vs. the Secretary of State for India in Council

Court : Kolkata

Reported in : AIR1923Cal49,72Ind.Cas.270

..... have made during this period on this basis, which ignores the funda.1 mental principle of the law of compensation formulated by the roman jurist cessans, damnum emergens--loss suffer, gain prevented-the subordinate judge has allowed the plaintiff a refund of the license-fee during this period and the expends incurred in connection with the stockades this he has assessed at rs. ..... his grievance was three-fold; first, the operations were delayed by reason of the failure of the defendant to provide him with the requisite passport; secondly, the removal of captured elephants was hindered by reason of wrongful refusal of the officers of the forest department to accept the prescribed royalty and to issue, the transit passes; and thirdly, that the depot at hail river ..... prepared to disagree with the subordinate judge that there were extensive accidental fires in addition to the departmental fires, and that the evidence does not establish that the elephants, and if so, how many, were in fact scared away by the departmental fires or that the fodder was destroyed thereby, and if so, to what extent.9 ..... case for the plain tiff was that he could not catch as many elephants as he would have done, but for the wrongful acts of the ..... in the case before us, the plaintiff has proved that he has on an average captured one elephant per stockade per week, which would make six elephants in two weeks in the three stockades concerned; on this basis, he urges that the damage should be calculated on the ..... 1879 .....

Loknath Tewari Vs. Jadunandan Tewari and ors.

Court : Allahabad

Reported in : AIR1933All919

..... : plaintiff kunj behari, has gone into the witness-box and has stated that: loaded bullocks and carts used to pass by this way and on occasions of marriage elephants and horses used to take this route, and it is clear that at the present moment the way is so narrow that even a man with load on his head ..... highway is a private right distinct from the right of the owner of that property to use the highway itself as one member of the public, and any interference with such a right of access which prevents a person entitled to it from bringing cart and carriages up to his house also causes particular damage entitling him to maintain a suit. ..... the courts below is there any mention of the conditions which are laid down under section 15, easements act, and i am of the opinion that section 15 was not pleaded and is not applicable to the facts of the present case.3 ..... the lower appellate court says that the evidence adduced by the plaintiffs clearly establishes that the lane in suit was used by them as a way for going to and from their houses and they have acquired a prescriptive right of easement to the use over such lane and the plaintiffs can claim a right of easement of way based ..... southern and western portions of their village as well as to their fields and groves by passing through the lane indicated in the sketch map and that loaded bullocks, horses and elephants had also been coming to and going from the houses of the plaintiffs through this very passage. ..... (1), dated 1879-80 which shows .....

Thomas Bear and Sons (India) Vs. Prayag Narain

Court : Allahabad

Reported in : AIR1935All7

..... is not at present selling cigars or biris but i think that if another tobacco company started selling cigars or biris under a trade-mark similar to the elephant trade-mark, the plaintiff company would have a right to restrain the other company from using their trade-mark in connexion with the sale of such goods ..... in view of the provisions of section 22, trade marks act, 1905, but the right to assign the use of a trade-mark registered under the act, is confined by that section to the goods for which the trade-mark was registered. ..... argue that chemical substances used for agriculture are articles of the same description as chemicals used for veterinary and sanitary purposes, or that a person who registers a trade-mark in england for some chemical substance used for agricultural purposes has the right to prevent the use of the same mark in connexion with chemical substances used for horticultural, veterinary and sanitary purposes ..... trade-mark of the 'golden fleece' which they used for spirits were successful in preventing the registration of a similar mark of a golden fleece for australian champagne on the ground that it was calculated to ..... 's purpose will be sufficiently served in the defendants is prevented from using any colourable imitation of the plaintiff's trade- ..... , the difference between cases of registration and action to prevent the use of trade-mark was again emphasized and it was observed that:if there is possibility of that kind of deception the comptroller ought...to say .....

Hanmant Raghunath Nadgouda Vs. Gurunath Malhar Gumaste

Court : Mumbai

Reported in : (1938)40BOMLR88

..... , in his preface to the narrative of the bombay inam commission, quotes the language of sir thomas munro in a minute of the 15th march, 1822, in which he states that the 'terms in such documents (sanads) 'for ever', ' from generation to generation ', or in hindu grants, ' while the sun and moon endure', are mere forms of expression, and were never supposed either by the donor or receiver to convey the durability which they ..... purpose of certain service which though then obsolete might again be required to be performed, that the sanads created a chakeran, or service tenure, and were proservitlis impensis et impendendis, partly as a reward for past, and partly as an inducement for future, services ; and that the grantees, though liable to forfeit the lands, if they wilfully failed in the performance of the duties imposed by the sanads, were not liable to have such lands ..... the lands had been granted to the grantee, who had done, and was doing good service in repressing or preventing the incursion of wild elephants. ..... 51 begins by saying that honno kashirao, the father of the grantee, had exerted himself very much for the grantor's watan and had rendered very great service and that therefore the watan of gumasta had been ..... irresumable, unless the grantor can show that they have been specially conditioned so as to enable him to resume for failure to perform these services, or at his own will to discontinue the services and resume the lands. ..... the bombay hereditary offices act, 4th edition, p. .....