Judgment Search Results Home > Cases Phrase: foreign recruiting act 1874 Sorted by: old Page 10 of about 45,156 results (0.092 seconds)

Board of Revenue Vs. Ramanadhan Chetty Minor by Guardian Velliamma Ach ...

Court : Chennai

Reported in : (1920)ILR43Mad75

..... respondent's profits in saigon accrued to him in british india, when being in the latter place, he had a right to demand them of his agent in the former; and to show that income is regarded in the act as accruing, before it is received and when there is only a right to receive it reference has been made to the use of the word 'receivable' in section 7. ..... that object, this section enacts that the income which is transmittable to a person outside british india shall be deemed to be income arising in british india if the non-resident foreigner has business in british india and transacts that business in british india through an agent. ..... but if that is retained in the hands of the agent for adjustment in the foreign country or for further employment there, can it be said that the income has accrued to the ..... whereas the income received by an agent in british india on behalf of a foreign principal has bean nationally described as income accruing or arising in british india, the converse, namely, of income belonging to a resident principal which has been received out of british india by an agent is not similarly ..... the rule in most of the systems and that it should be so is perhaps to some extent accounted for by the fact that attempts to levy and to collect income-tax in a foreign country would very frequently encounter insurmountable difficulties.27. ..... are within the british empire, though outside british india, others are in foreign territory subject to the rule of prance, holland, etc. .....

The Secretary to the Commissioner, Salt, Abkari and Separate Revenue V ...

Court : Chennai

Reported in : (1919)37MLJ663

..... a presumption of law that the earnings of a resident in british india will be brought there for enjoyment, whilst sections 31 and 33 (of which the former statedly deals only with income chargeable under the act) are easily intelligible provisions for the liability to the tax of the person, through whose hands in one capacity or another, the profits in question will pass in british india and whom therefore the crown ..... section enacts that the income which is transmittable to a person outside british india shall be deemed to be income arising in british india if the nonresident foreigner has business in british india and transacts that business in british india through an agent. ..... but if that is retained in the hands of the agent for adjustment in the foreign country or for further employment there, can it be said that the income has accrued to the principal in british india the learned advocate-general argued that the second part of section 3 ..... whereas the income received by an agent in british india on behalf of a foreign principal has been notionally described as income accruing or arising in british india, the converse, namely of income belonging' to a resident principal which has been received out of british india by an agent is ..... is certainly the rule in most of the systems and that it should be so, is perhaps, to some extent, accounted for by the fact that attempts to levy and collect income-tax in a foreign country would very frequently encounter insurmountable difficulties. .....

Schaefer Vs. United States

Court : US Supreme Court

..... they may constitute legal treason as defined in some jurisdictions, but they are not treason against the united states for the simple reason that there is a provision in our constitution (which of course, the acts of congress follow) that treason against the united states -- you will observe that it does not say 'treason generally,' but treason against the united states -- shall consist only in making war upon them, ..... in a prosecution under the espionage act for willfully making and conveying false reports and statements with intent to promote the success of germany and obstruct the recruiting and enlistment service of the united states to the injury of the united states in the war with germany, where there was evidence that persons conducting a german language newspaper systematically ..... the tageblatt, like many of the smaller newspapers, was without a foreign or a national news service of any kind, and did not ..... defendants "knowingly, willfully, and unlawfully" "caused to be printed, published and circulated in and through" one or other of those newspapers false reports and statements of certain news items or dispatches purporting to be from foreign places, or otherwise violated the espionage act through editorials or other published matter. ..... a dispatch from london, and, translated, reads as follows: " the crisis" " i s advancing in russia with rapid strides" " the coalition government will probably not last long" " i ts position in foreign affairs is condemned" "london, june 23. .....

United States Vs. United States Steel Corp.

Court : US Supreme Court

..... amount to this: that these combinations, both the holding company and the subsidiaries which comprise it, although organized in plain violation and bold defiance of the provisions of the act, nevertheless are immune from a decree effectually ending the combinations and putting it out of their power to attain the unlawful purposes sought because of some reasons of public policy requiring ..... for retrospective reasons merely, to destroy the combination, or separate some of its subsidiaries as suggested, and thereby destroy or impair the investments invited of the public, and the foreign trade and other large development made during the ten years that intervened before the government began any legal attack. pp ..... and equally clear in its direction that the courts of the nation shall prevent and restrain them (its language is "to prevent and restrain violations of" the act); but the command is necessarily submissive to the conditions which may exist and the usual powers of a court of equity to adapt its remedies to ..... as the statute states, to prohibit such conspiracies, combinations, and contracts, and this court, interpreting its provisions, has held that the proper enforcement of the act requires decrees to end combinations by dissolving them and restoring as far as possible the competitive conditions which the combinations have destroyed ..... under congressional legislation in the webb act, the foreign trade of the corporation is ..... protecting its foreign trade, under the webb act, .....

Pierce Vs. United States

Court : US Supreme Court

..... jury fairly might believe that, under the circumstances existing, it would have a tendency to cause insubordination, disloyalty, and refusal of duty in the military and naval forces of the united states; that it amounted to an obstruction of the recruiting and enlistment service, and that it was intended to interfere with the success of our military and naval forces in the war in which the united states was then engaged. ..... of the united states and its military and naval service and failure and refusal on the part of available persons to enlist therein, and should and would, through and by means above mentioned, obstruct the recruiting and enlistment service of the united states when the united states was at war, to the injury of that service and of the united states. ..... 240 in a prosecution for circulating false statements with intent to interfere with the operation and success of the military and naval forces, in violation of the espionage act, 3, where the falsity of the statements in question appears plainly, as a matter of common knowledge and public fact, other evidence on that subject is not needed in order to sustain a verdict of guilty. p. ..... " the case referred to was an indictment under the selective draft act for conspiracy to obstruct recruiting by means of distributing the leaflet. ..... " four members of the local, two of them native americans, one a naturalized citizen, and the fourth a foreigner who had filed his first naturalization papers, volunteered as distributors. .....

Kandula Venkiah Alias Padmanabhudu Vs. Donga Pallaya and Nine ors.

Court : Chennai

Reported in : (1920)ILR43Mad589

..... 60, should be made applicable to the four classes of mortgages defined in section 58, which include the usual forms of mortgage, and to the two combinations mentioned in section 98, so as to override any terms in the mortgage deed inconsistent with the act, but that it would be safer to leave other forms of mortgage, which may be regarded as anomalous and are so referred to in the heading to section 98, to be governed by the provisions of the mortgage deed or local usage, and in effect ..... there are two dangers to be avoided -one the conversion of every mortgage into what; we want it to be and the other of giving a premium to ingenuity which would get round the act by wording the document in such a manner as to elude the definition of the recognized mortgagee, the true rule is to examine the document to find out whether the essentials of one of the four classes of mortgages are ..... (c) seems to have been expressly framed so as to exclude the hindu form of mortgage by conditional sale from the definition of mortgage by conditional sale in the transfer of property act, with the result that the provision as to a future sale must be regarded overridden by the statutory right of redemption conferred by section 60. ..... ) is clearly that doctrines such as that of the equity of redemption and other doctrines foreign to the ancient law of the country should not be permitted to stand in the way of giving effect to the clear intention of the parties as expressed in the written instrument ..... ,1874) mad .....

Kandula Venkiah Alias Padmanabhudu Vs. Donga Pallayi and ors.

Court : Chennai

Reported in : AIR1921Mad12; 57Ind.Cas.724

..... 60, should be made applicable to the four classes of mortgages defined in section 58, which include the usual forms of mortgage, and to the two combinations mentioned in section 98, so as to override any terms in the mortgage-deed inconsistent with the act, but that it would be safer to leave other forms of mortgage, which may be regarded as anomalous and are so referred to in the beading to section 98, to be governed by the provisions of the mortgage deed or local usage, and in effect ..... doming now to exhibit a, i am dearly of opinion that it is not a mortgage by conditional sale within the meaning of the definition in section 58(c) of the transfer of property act, the provision that, in default of payment on or before the stipulated date, the mortgagor shall execute a deed of sale in favour of the mortgagee, no doubt brings it within the description given by sir charles turner in ..... 198 is clearly that doctrines such as that of the equity of redemption and other doctrines foreign to the ancient law of country should not be permitted to stand in the way of giving effect to the dear intention of the parties as expressed in the written instrument,' ..... seems to have been expressly framed so as to exclude the hindu form of mortgage by conditional sale from the definition of mortgage by conditional sale in the transfer of property act, with the result that the provision as to a future sale must be regarded overridden by the statutory right of redemption conferred by section 60. .....

Gilbert Vs. Minnesota

Court : US Supreme Court

..... suspicious or resentful of any interference with them, might conclude that even in times of great danger, the most effective means of securing support from the great body of citizens is to accord to all full freedom to criticize the acts and administration of their country, although such freedom may be used by a few, to urge upon their fellow citizens not to aid the government in carrying on a war, which reason or faith tells them is wrong, and ..... conflict was not merely a technical one, but a cause of real embarrassment and danger to the federal government, we learn from one of the officials entrusted with the administration of the espionage act: "in the state of minnesota, because of what was claimed to be either inadequate federal law or inadequate federal administration, state laws of a sweeping character were passed and enforced with severity. ..... of free speech does not cover false and malicious misrepresentation of the objects and motives of this country in entering upon a war, made in a public speech for the purpose of discouraging the recruiting of troops, while the war is flagrant and armies are being raised. p. ..... the nation was at war with germany, armies were recruiting, and the speech was the discouragement of that -- its purpose was necessarily the discouragement ..... responsibility for the maintenance of the army and navy, for the conduct of war, and for the preservation of government, both state and federal, from "malice domestic and foreign levy" rests upon congress. .....

Galveston, H. and S.A. Ry. Co. Vs. Woodbury

Court : US Supreme Court

..... she insisted that her transportation was not subject to the act to regulate commerce because it began in a foreign country, and that the liability was governed by the law of canada, which should, in the absence of evidence, be assumed to be like the law of texas, the forum, and that, by the law ..... the cases which hold that the act does not govern shipments from a foreign country in bond through the united states to another place in a foreign country, whether adjacent or not ..... the declaration of the act to regulate commerce ( 1) that it shall apply to any common carrier engaged in the transportation of persons or property from any place in the united states to an adjacent foreign country contemplates its application also to the transportation by such a carrier from the adjacent foreign country into the united states, since the test of the application of the act is the field of the carrier's operation, and not ..... 1 which deals specifically with the transportation of property to or from foreign countries; but cases arising under that clause are not applicable here ..... that 1 of the act of 1887 does not apply to the transportation of passengers from a foreign country to a point ..... that the act does apply to the transportation of both passengers and property from an adjacent foreign country, ..... the carmack amendment, to limit by tariff the amount of its liability for the baggage of a passenger was not altered by the act of march 4, 1915, known as the cummins amendment, as amended august 9, 1916. id. .....

Ownbey Vs. Morgan

Court : US Supreme Court

..... of property under the writ or its security for any judgment finally entered, and that, if the statutes could not be so construed as to permit appearance and defense in a case begun by foreign attachment without the entry of bail or security for the discharge of the property seized, they were unconstitutional under the first section of the fourteenth amendment in that (a) they abridged the privileges and immunities ..... ground that special bail or security as required by the statute had not been given by defendant or any person for him, the court in banc holding that, in a foreign attachment suit against an individual there could be no appearance without entering "special bail," that the requirement to that effect was not arbitrary or unreasonable, and the statute was not unconstitutional. ..... , and returned, and like proceedings had, as in the case of a domestic attachment, except as to the appointment of auditors and distribution among creditors; for every plaintiff in a foreign attachment shall have the benefit of his own discovery, and, after judgment, may proceed, by order of sale, fieri facias, capias ad satisfaciendum, or otherwise, as on other judgments ..... in 1856, it was held by the superior court that the act did not extend to foreign corporations, and this because a corporation could not put in special bail or be surrendered to bail when it appeared, and, in the absence of provision for the security to be given, it must ..... the act concerning foreign attachments has been upon .....