Judgment Search Results Home > Cases Phrase: government of india act 1833 repealed Court: us supreme court Page 1 of about 259 results (0.143 seconds)

In Re: the Delhi Laws Act, 1912, the Ajmer-merwara (Extension of Laws) ...

Court : Supreme Court of India

Reported in : [1951]2SCR747

..... indian central legislature was given power to convert itself into a constituent assembly to frame a constitution of india, including the power to amend or repeal the government of india act, 1935, which till the new constitution was adopted, was to be the constitution of the country. ..... section 22 substantially re-enacted the provisions of section 43 of the act of 1833 subject to the proviso that the governor-general in council should not have power to repeal or affect the provisions of this act of 1861 or other acts therein specified ..... this meant that section 45 of the act of 1833 which gave to the laws made by the governor-general in council the force of an act of parliament continued, so that the laws made under the act of 1861 by the governor-general in council also had in british india the force of an act of parliament ..... . section 2 repealed sections 40, 43, 44, 50, 66 and 70 of the act of 1833 and provided that all other enactments whatsoever then in force with relation to the council of the governor-general or to the councils of the governors should continue ..... subject to such conditions as he may think fit to impose, the power so conferred to any other authority to be specified by him in that behalf; (b) for parliament, or for the president or other authority in whom such power to make laws is vested 1833, the laws used to be passed by the governor-general in council or by the governors of madras and powers and the imposition of duties, upon the union or officers and authorities thereof. .....

Northern India Caterers Private Ltd. and anr. Vs. State of Punjab and ...

Court : Supreme Court of India

Reported in : AIR1967SC1581; (1967)69PLR781; [1967]3SCR399

..... 40 of the requirements of fines and recoveries act, 1833, which empowered a married woman to dispose of land by deed which she held in fee, provided she did so with the concurrence of her husband and by deed acknowledged, was held to have been impliedly repealed by the married women's property act, 1882 which authorised her in general terms to dispose of all real property as if she were a feme sole(1). ..... the objects and reasons given for the enactment of the act (as quoted by the high court) were that there was no provision in the land revenue act or in any other act providing for summary removal of unauthorised encroachments on or occupation of government and nazul properties including agricultural lands and residential buildings and sites and for recovery of rent, that the only procedure available to government was to sue the party concerned in a civil court which was a cumbersome procedure ..... 5 confers an additional remedy over and above the remedy by way of suit and that by providing two alternative remedies to the 'government and in leaving it to the unguided discretion of the collector to resort to one or the other and to pick and choose some of those in occupation of public properties and premises for the application of the more drastic procedure under s. ..... lushington, in the india, (1) (as quoted in craies on statute law, 6th ed. ..... union of india and (1) [1952] s.c.r. .....

Aldridge Vs. Williams

Court : US Supreme Court

..... the remaining inquiry whether, after 30 june, 1842, there were any regulations in force by which the officers of the revenue were authorized to collect the duties which had not been repealed by the act of 1833, and this question may be disposed of in a few words, as it rests altogether upon the 3d section, the material parts of which have been already stated. ..... now allowed by law, in the payment of duties, shall be, and are hereby abolished, and such duties shall be laid, for the purpose of raising such revenue as may be necessary to an economical administration of the government; and from and after the day last aforesaid, the duties required to be paid by law on goods, wares, and merchandise, shall be assessed upon the value thereof, at the port where the same shall be entered ..... now allowed by law, in the payment of duties, shall be, and hereby are, abolished, and such duties shall be laid for the purpose of raising such revenue as may be necessary to an economical administration of the government, and from and after the day last aforesaid, the duties required to be paid by law on goods, wares, and merchandise, shall be assessed upon the value thereof at the port where the same shall be entered ..... agreed that the duties, so collected as aforesaid by the defendant, were exacted under and in pursuance of orders and regulations from the treasury department of the government of the united states and with the approbation, and sanction, and direction of the president of the united states. .....

Bank of the United States Vs. United States

Court : US Supreme Court

..... biddle's wish to know the reasons for my opinion, i said "it is no doubt due to the public, and to the executive branch of the government, which has acted on my opinion, and also to myself, that i should in due time place on file in your department the reasons which in my judgment justify the government in its refusal to pay this demand," and after telling the secretary that i must page 43 u. s. ..... " no further correspondence appears to have taken place between the parties until 26 january, 1833, when the secretary again wrote to the president of the bank, stating that the department was then ready to draw on the french government for the first installment; that he presumed the bank was still disposed to purchase on the terms it had before offered, and that as the installment would be due before the bill could possibly arrive in france, it ..... if such a rule be a sound one, and if it ought to be followed by the legislature, yet it would not authorize the court to repeal a statute and make a regulation different from that enacted by the legitimate authority. ..... niles, the charge of the united states at paris, who, pursuant to the instructions therein contained, on 21 march, 1833, addressed a letter to the due de broglie, the french minister of foreign affairs, apprizing him of the contents of the dispatch from the state department, and informing him that the bill would probably be presented in a day or .....

Mcphaul Vs. Lapsley

Court : US Supreme Court

..... of the said saltillo, and that he found in the book of protocols for the years 1832, 1833, an original protocol or matrix of a power of attorney in the spanish language, of date may 5, 1832, from jose maria aguerre to samuel may williams, giving said williams the power to sell the land which the government had granted to thomas de la vega and rafael de aguerre and jose maria de aguerre, to-wit, ..... when translated into english ran thus: " second seal two reals for the two years 1832 and 1833 " "in the city of leona vicaria, on the 5th day of the month of may, in the year 1832, before me, citizen juan gonzales, regidor [alderman] of the honorable council of this city, and acting alcadi [mayor] therein, and in its jurisdiction, during the indisposition of the proper officer who officiates ..... recording of the instrument, our attention has been called to the following statutes of texas: the act of the 20th of december, 1836, sections thirty-five and forty; the act of may 10, 1838; the act of january 19, 1839; and the act of may 12, 1846, sections four, five, seven, eight, and nine. ..... " with the different statutes about recording instruments of title, and this last-quoted act as to the effect, in the matter of evidence, of filing among the papers of the suit of any instrument " properly recorded," lapsley, on the 31st of march, 1863, ..... act of 10 may, 1838, repealed the limitation of twelve months in the act ..... act was to take effect july, 1846, and all prior laws in conflict with it are repealed .....

Menard's Heirs Vs. Massey

Court : US Supreme Court

..... which have not been surveyed, you will survey in strict accordance with the terms of the concessions, always bearing in mind, that where there are no special requirements in the concession, it was the general practice of the government with which the claims originated to run them either in squares, or in right-angled parallelograms of one, five, ten, or some intermediate or greater number of arpens, by forty or eighty, according to the size of the tract, or double as long ..... the transfer of louisiana, a private survey of which made after the transfer was recognized by the commissioners appointed under the act of 1805, before whom the claim was filed, was so designated and located as to be reserved from sale by virtue of the act of 1811, and consequently no new madrid certificate could be located upon it. the act of 1804, forbidding private surveys upon the public lands, was impliedly repealed by the act of 1805, which required claimants to file a plat ..... its confirmation september 28, 1810, and the claim was again presented for confirmation 5 october, 1832, supported by documentary and oral testimony, and was unanimously recommended for confirmation by the board of commissioners october 31, 1833, and was confirmed by the act of congress of 4 july, 1836, to the said pascal l ..... . and thus the claim stood until october 31, 1833, when it was presented to the second board, created by the act of 1832; and this board was of opinion, and reported to congress, "that the claim ought to be confirmed to .....

Livingston Vs. Story

Court : US Supreme Court

..... satisfied that if there could be a power to change the laws of a ceded country, it was in the legislative, and not the judicial department of the government, i considered these provisions of the acts of congress to be as imperative on this court as any other laws were, or could be. ..... if i am capable of comprehending this decision, it repeals five acts of congress, directly overrules three previous solemn decisions of the court, revives an act which had been repealed, extends to louisiana a law which never applied to any other new state, and overthrows everything which carries with it legislative or judicial authority. ..... a suit by petition, according to the practice of the state, a denial of the citizenship or alienage could have been made in the answer after a plea in bar, and the cause ordered for trial; it was so decided by this court in 1833, declaring, that "the courts of louisiana do not proceed by the rules of the common law;" "their page 36 u. s. ..... when this case came up in 1835, it had been decided by this court that the act of 1792 never was in force in the new states, and that it was repealed as to louisiana; the act of 1828, which applied to the other new states, was expressly prohibited from being applied to louisiana, yet the act of 1792 was declared to be in force them. ..... 451, and to leave no room even for discussion, this court at the same time held that the act of 1824 was a virtual repeal of all previous acts of congress on the subject. 32 u. s. .....

Mills Vs. St. Clair County

Court : US Supreme Court

..... we deem this general principle not open to controversy, and in regard to so much of the controversy as involves the contract itself no material difficulty exists as to what principles of law shall govern; only two general principles need be invoked in construing the acts of 1819 and 1821, which are first that in a grant like this, designed by the sovereign power making it to be a general benefit and accommodation to the public, the rule is that if the meaning of the words ..... in a grant designed by the sovereign power making it to be a general benefit and accommodation to the public, if the meaning of the words be doubtful, they shall be taken most strongly against the grantee and for the government, and therefore should not be extended by implication in favor of the grantee beyond the natural and obvious meaning of the words employed, and if these do not support the right claimed, it must fall. ..... of construction in case of doubt, and finding that rule of construction to be that when two constructions are equally open to the court, the one shall be adopted most favorable to the government, the consequence must be, on this construction, that wiggins was confined to the tract of land partly owned by him when the act of 1821 was passed, and that when the ferry was removed to other land lower down the river, it was ..... act approved january 19, 1833, so much of the acts of 1819 and 1821 as prohibited another ferry from being established within one mile of wiggins' ferry landing was repealed .....

Bird Vs. United States

Court : US Supreme Court

..... of the witness for the prosecution as well as the evidence of the defendant," on the ground that it in effect declared that, even if the testimony of the witnesses for the government were untrue, it was to be considered in delivering the verdict, and because all the defendant's evidence (except his own) was withdrawn from the jury on the issue of self-defense ..... that the last paragraph "qualified the whole instruction, and permeated it with two errors," because it was in effect declared that, even if the testimony of the witnesses for the government were untrue, it was to be considered in determining the verdict, and because all of the evidence of the defendant (plaintiff in error) was withdrawn from the jury in passing ..... not an express repeal of the prior statute, but it was decided the latter act effected such repeal upon the principle that, if two acts are "repugnant in any of their provisions, the latter act, without any repealing clause, operates, to the extent of the repugnancy, as a repeal of the first, and even where two acts are not in express terms repugnant, yet, if the latter act covers the whole ..... -- whether he sprang down to a point near the water barrel and there seized his gun, and immediately raising the same shot hurlin while he, the said hurlin, was in the act of attempting to draw a gun from his sleeping bag; and, if all of that was true, as the defendant states, whether he was under the necessity of immediately shooting and ..... that the act of 1833, which .....

State of Bihar and anr. Vs. Maharaja Pratap Singh Bahadur

Court : Supreme Court of India

Reported in : AIR1969SC164; 1968(16)BLJR973; [1968]3SCR734

..... trivikram narain singh : [1962]3scr213 this court held that an allowance of a fixed sum of money computed on the basis of 1/4th share of the net revenue of certain estates payable by the government to the ex-jagirdars as compensation for abandonment of their right in those estates was not a right or privilege in respect of land in any estate or its land revenue within the meaning of s. ..... the uttar pradesh zemindari abolition and land reforms act, 1951, and on the issue of a notification vesting those estates in the government the right to the allowance did not cease. ..... attorney-general contended that the malikana was payable in respect of certain other estates, that the maharaja should be regarded as an intermediary of those estates and that on the vesting of those estates in the government the right to malikana ceased and the maharaja became entitled to compensation only under sec. ..... the privy council held that malikana was something payable on the part of government in respect of a right and therefore a suit relating to malikana was not cognizable by the court without a certificate from ..... section 5 of regulation vii of 1822 repealed the existing regulations regarding malikana and substituted fresh provisions for ..... the new provisions were declared by section 11 of regulation ix of 1833 to be prospective only and to be applicable solely to the settlements made ..... baden-powell, land-system of british india, vol. i. pp. ..... state for india 50 cal. ..... 's lands systems of british india, vol. ii, p. .....