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Cubbins Vs. Mississippi River Commission

Court : US Supreme Court

..... . 2, cap. xxxviii. no 2; troncon, sur l'art. 225 de la cout. de paris; henrys, liv. iv., title ii., quaest. 75 domat, lois civiles, liv. ii., title viii., sec. iii., no. 9; aix, 19 mai, 1813, raousset, sirey, 1814, ii., 9; duranton, t. v., no. 162; pardessus, t. i, no. 92; garnier, t. iii., no. ..... commission was concerned, on the ground that it was really a suit against the united states without its consent, and not a mere action against individuals acting as officers, to prevent them from violating the rights of the complainant by taking his property without compensation. we say these contentions are negligible because underlying ..... local levee boards and their officers, employees, agents, and contractors, perpetually prohibiting them from further building any levees, from enlarging, strengthening, repairing, or doing any act to maintain the levees already built, and for general relief. the bill was amended by alleging that the overflow of complainant's land, as averred, instead of having .....

Kasim Ali and ors. Vs. the Chairman of Municipal Commissioners and ors ...

Court : Kolkata

Reported in : 35Ind.Cas.782

..... appeal below, and the plaintiffs have appealed to this court.5. the decision of the question involved in the case turns upon the construction of section 155 of the bengal municipal act (act iii of 1884). that section runs as follows: no person shall keep a ferry boat for the purpose of plying for hire within a distance of two miles above or below ..... below the ferry?'12. the ferry on the kurufali river was a ' public ferry, and was made over by the government to the municipality in the year 1863. section 14s of act iii of 1884 pro-vides that the local government may, with the consent of the commissioners, make over to them any existing public ferry within or adjacent to the ..... municipal limit, they would, in any case, require the permission of the district magistrate and of the commissioners. but the banks referred to in the last clause of section 155 of act iii of 1884 are banks of the same river, and the clause applies only to cases where one of the two banks of the same river is within and .....

Mohammad Kazi and ors. Vs. Emperor

Court : Kolkata

Reported in : 35Ind.Cas.972

..... was raised by the learned counsel for the petitioners. the charge against the three accused was that they illegally possessed and sold opium, contrary to the provisions of the opium act of 1878. it appears that there were three pieces of black substance which weighed something like 2 1/2 seers, it and the prosecution was lodged upon the assumption that .....

Jagannath Panja Vs. Mahesh Chandra Pal

Court : Kolkata

Reported in : 36Ind.Cas.286

..... 150 as the value of paddy sold, we are of opinion that they have not been passed in conformity with the provisions of the guardians and wards act and cannot consequently be supported. section 45, sub-section (1), clause (b), authorises the court to impose a fine on a guardian, if the guardian fails to pay into court the balance due from him ..... realised by sale of the paddy. the court thereupon proceeded to impose a fine of rs. 50 each on the appellant and the other guardian under section 45(b) of the guardians and wards act. the order further directed that if the previous directions of the court were not carried out in the course of five days, a daily fins of ..... as the court directs) on those accounts, that is, the accounts exhibited on a requisition made under clause (c). in the case before us, on the accounts exhibited under section 34(c), rs. 186 only was due from the guardians. consequently the only order which the court was competent to make was to call upon the guardians to bring into .....

Trustees for the Improvement of Calcutta Vs. Chandra Kanta Ghosh

Court : Kolkata

Reported in : 36Ind.Cas.749

..... dock co. v. browne (1831) 21 b. & ad. 43 : 36 r.r. 459 : 109 e.r. 1059.14. the sixth chapter is devoted to finance. section 88 imposes an obligation upon the calcutta municipal corporation to make a quarterly contribution to the funds of the board subject to a minimum annual payment of seven-and-a ..... be noted in connection with this clause. first, the term 'acquisition' does not necessarily mean 'compulsory acquisition under the provisions of the land acquisition act.' this is clear from sections 68 and 69, which refer respectively to acquisition by agreement and compulsory acquisition. secondly, the area comprised in the scheme is obviously larger than the ..... on the assumption that the legislature has indirectly accomplished what it did not venture to undertake openly and directly. this principle applies with special force to acts which confer on a corporation extensive powers of interference with private rights; the extent of the right of interference must be assumed to have been explicitly .....

Kavanoor Velayuda Reddi and ors. Vs. Reddyvari Narasimha Reddy and ors ...

Court : Chennai

Reported in : (1917)32MLJ263

..... is no question that the manager had authority to make these payments, it is not disputed that by these two payments the action is under section 20 of the indian limitation act set free generally and not merely against the mortgagor, nor is it contended that these payments were not payments towards the debt secured by ..... security even as against the subsequent incumbrancers for the junior encumbrancer is not surety for the mortgagor. it certainly does not as against the mortgagor. jones on mortgages section 942; bank of utica v. finch 49 amer. dec. 175. black's article on mortgages in the american cyclopaedia page 1414; ghose on mortgages, page 466 ..... to an acknowledgment of liability by the mortgagor and thereby save the limitation against him under section 19 of the act, has no such effect against the mortgagee; because an acknowledgment under section 19 it is said, unlike a payment under section 20 is good only against the person acknowledging and those who derive their title under him, .....

Vengu Naidu and ors. Vs. the Deputy Collector of Madura Division

Court : Chennai

Reported in : (1918)34MLJ279

..... an application to consolidate the several appeals from awards passed by the district judge of madura on reference made to him by the land acquisition officer under section 18 of act i of 1894. several references appear to have been made to the district judge, but they were all in connection with land taken up for the ..... were heard together. the splitting up of the awards, if made by the land acquisition officer, was apparently not communicated to the parties under section 12 (2) of the land acquisition act and consequently there was only one valid award, so far as the appellants are concerned and they are entitled to appeal against it in one ..... for consolidation. although several plots of land were acquired from appellants, only one notice was served on them under section 12(2) of the land acquisition act in respect of all the plots and under section 18 of the land acquisition act the appellants only made one application to the collector to refer their objection to the award. under .....

The Secretary of State for India in Council Vs. Sengammal and ors.

Court : Chennai

Reported in : 36Ind.Cas.833

..... general clauses act would apply. section 380 provides for the levy of a fine by distress and sale of any moveable property belonging to the offender and the word distress is ordinarily used with ..... would certainly include a debt but in the context in which the words are used in section 386 they do not appear to have been used in such a large sense even assuming that the definition in the ..... code but under section 4, clause 2, the definition contained in the penal code is to be taken as the definition of these words. the penal code contains a definition or an explanation which is not decisive on this point, for moveable property according to that definition includes corporeal property, etc. the definition under the general clauses act of 1817 .....

K. Sattiraju Vs. P. Venkataswami and Two ors.

Court : Chennai

Reported in : (1917)ILR40Mad925

..... case, it is unnecessary to express a final opinion upon most of those questions.5. the indian majority act fixing eighteen years as the age of majority says in section 2:nothing herein contained shall affect the capacity of any person to act in the following matters: (a) marriage, dower, divorce and adoption.6. we have therefore to turn ..... same reasons that require majority of a man for his competency to bequeath his property by a will apply with greater force to an adoption; for both are acts requiring judgment and reflection.the religious duty of adoption attaches to a married man failing to get male issue. and regard being had to the provisions of the ..... reference to indian law that this definition is applicable to no power ordinarily exercisable by a minor, because a minor can incur no sort of obligation during minority, his contractual acts being void ab initio: mohori bibi v. dharmodas ghose i.l.r. (1903) calc. 539 and navakotti narayana chetty v. logalinga chetty i.l.r. (1910) mad .....

Kovvidi Sattiraju Vs. Patamsetti Venkataswami and ors.

Court : Chennai

Reported in : 40Ind.Cas.518; (1917)32MLJ119

..... to express a final opinion upon most of these questions.4. the indian majority actfixing 18 years as the age of majority says in section 2: '.nothing herein contained shall affect the capacity of any person to act in the following matters:-(a) marriage, dower, divorce and adoption:' we have, therefore, to turn to the hindu law as to ..... the same reasons that require majority of a man for his competency to bequeath his property by a will, apply with greater force to an adoption; for both are acts requiring judgment and reflection.' 'the religious duty of adoption attaches to a married man failing to get male issue. and regard being had to the provisions of the codes ..... have any degree of validity, and does not, like the oases dealing with adult purdawashin ladies, merely lay down a rule of evidence. if the minor widow's act is ab initio totally invalid for want of independent advice, it isawftot be validated later by anything of the nature of ratification.12. the foregoing assumes that an adult .....