Court : US Supreme Court
..... ports within the meaning of the restrictive system; that the embargo laws, which alone restricted exportations to foreign countries, had at that time become repealed by the operation of the last section of the act of 1 march, 1809, as well as by that of the 2d section of the act of 28 june of the same year; that by this repeal, the whole world, as far as could depend on our own laws, was open to the vessels of the united states, and consequently that it could ..... it would seem, then, that after this, no other inquiry would remain than to ascertain whether the commercial intercourse thus interdicted by the act laying an embargo, and continued, or rather not repealed, as it respected great britain and france, by the 12th section just mentioned, was still in force at the time this offense is alleged to have been committed. ..... only exportations but the importations forbidden by that act in relation to france would become lawful, the lst section of the act of 28 june, 1809, revives the whole nonimportation system except so far as it had been permitted to great britian by the proclamation, and the 2d section declares in effect that the embargo laws, which were repealed by the 12th and 19th sections of the act of 1 march, shall be and remain repealed, notwithstanding the expiration of that law by its own .....
Tag this Judgment!Court : US Supreme Court
..... foreign merchants permitted vessels to enter their ports or to hover off their coasts for the purposes of trade with impunity, and only subjected them to seizure and condemnation after the very act had been committed, or if such are really their laws, then indeed the exception might reasonably be supposed to have been intended to be as limited in its construction as is contended for by the plaintiff ..... made on board the brig aurora, questions put to nathaniel shaler, who it is said is the captain of her, and to those said to be the officers and crew, and according to the act of examination made in the journal annexed, which they present as such passport and dispatches, together with other papers; i think the motives hereby alleged for having put into a port of this establishment, ..... if the danger did not commence till the vessel was in port or till the act of bargain and sale without a permit from the governor had been committed, then it would be reasonable to consider the exception as only ..... that the law of nations prohibits the exercise of any act of authority over a vessel in the situation of the aurora, and that this seizure is on that account a mere marine trespass, not within the exception, ..... but no civilized nation will be presumed to refuse those acts for authenticating instruments which are usual and which are deemed necessary for the ..... a vessel within the range of its cannon by a foreign force is an invasion of the territory, and is a hostile act which it is its duty to repel. .....
Tag this Judgment!Court : Supreme Court of India
..... the period from 15-3-2020 till 14-3-2021 shall also stand excluded in computing the periods prescribed under sections 23(4) and 29-a of the arbitration and conciliation act, 1996, section 12-a of the commercial courts act, 2015 and provisos (b) and (c) of section 138 of the negotiable instruments act, 1881 and any other laws, which prescribe period(s) of limitation for instituting proceedings, outer limits (within which the court or tribunal can condone delay) and termination of proceedings. 2.4. ..... for consideration before this court was whether the phrase as far as possible used in recovery of debts due to banks and financial institutions act, 199351 that contemplates certain provisions of the income tax act to apply with the modification to the amount due under the debt recovery act instead of the income tax act, referring the rule 57 of the income tax rules which mandates deposit of 25 per cent of the purchase amount of an immovable property by a purchaser ..... 9059-9061 of202235.8 it can be discerned from the aforesaid discussion that when the law prescribes that a certain act has to be done in a particular manner for a party to acquire a right, then it ought to be treated as mandatory in character more so, when the statute prescribes a consequence for failure to comply with the requirements laid down. ..... nanhku, (2005) 4 scc480 , where the object of such a provision is only to expedite the hearing and not to scuttle the same. ..... [(2005) 12 scc364 and shilpa shares and securities v. .....
Tag this Judgment!Court : Supreme Court of India
..... central government, any officer referred to in sub-section (2) may impound and retain in his custody for such period, as he thinks fit, any records produced before him in any proceedings under this act: provided that an assistant director or a deputy director shall not-- (a) impound any records without recording his reasons for so doing; or (b) retain in his custody any such records for a period ..... further, setting out the test for determining whether an officer is a "police officer " for the purpose of section 25 of the evidence act, this court in rajaram jaiswal 23 (supra) held (quoted from para 165 of vijay madanlal choudhary (supra) 165(ii) it may well be that a statute confers powers and imposes duties on ..... section 50, following has been held:- 159 .however, if his/her statement is recorded after a formal arrest by the ed official, the consequences of article 20(3) or section 25 of the evidence act may come into play to urge that the same being in the nature of confession, shall not be proved against him. ..... however, while dealing with a special statute like mcoca having regard to the provisions contained in sub-section (4) of section 21 of the act, the court may have to probe into the matter deeper so as to enable it to arrive at a finding that the materials collected against the accused ..... state of maharashtra and another reported in (2005) 5 scc294 held that the court while dealing with the application for grant of bail in pmla need not delve deep into the merits of the case .....
Tag this Judgment!Court : Supreme Court of India
..... no doubt the courts need to be more sensitive and sympathetic towards the category of persons included in the first proviso to section 45 and similar provisions in the other acts, as the persons of tender age and women who are likely to be more vulnerable, may sometimes be misused by the unscrupulous elements .27. ..... she has also served as the national commissioner of bharat scouts and guides since 2005 amongst many other achievements mentioned in the pleadings.66. ..... shri rohatgi further submits that the appellant is a woman and is therefore entitled to special treatment under proviso to section 45(1) of the prevention of money-laundering act, 2002 (for short, pmla ).7. ..... show that this court has observed that the courts need to be more sensitive and sympathetic towards the category of persons included in the first proviso to section 45 of the pmla and similar provisions in the other acts. .....
Tag this Judgment!Court : Supreme Court of India
..... filed by the appellant herein by which the high court dismissed the appeal and thereby affirmed the order dated 16.06.2023 passed by the special judge for scheduled castes and scheduled tribes (prevention of atrocities) act, 1989, ernakulam division declining to grant anticipatory bail to the appellant herein in connection with the first information report no.899 of 2023 lodged by the complainant (respondent no.2) at the elamakkara police station, district ernakulam for the ..... justice ravindra bhat, in his concurring judgment, observed that while considering any application seeking pre-arrest bail in connection with an offence alleged to have been committed under the provisions of the act, 1989, the courts should balance two interests on one hand they should ensure that the power is not exercised akin to the jurisdiction under section 438 of the crpc while on the other hand they ..... the legislature in its wisdom thought fit that the benefit of anticipatory bail should not be made available to the accused in respect of offences under the act, 1989, having regard to the prevailing social conditions which give rise to such offences and the apprehension that the perpetrators of such atrocities are likely to threaten and intimidate the victims and prevent or obstruct ..... the protection of women from domestic violence act, 2005 seeks to punish humiliation based on gender inequalities by specifically including the term humiliation in the definition of domestic violence . .....
Tag this Judgment!Court : Karnataka Dharwad
..... -d:12067 wp no.70879 of 2012 counsel brought to notice of this court points for consideration framed by this court as well as answer made with regard to point no.4 as what is the effect of repeal of bpt act since no dispute that bpt act was repealed in 2003 and there could be the procedure and no dispute with regard to reasoning given by this court is concerned but the method adopted by respondent no.1 in getting registered the trust in spite of ..... existence, respondent no.2 after receiving an application, ought to have notified the trust which was already in existence in the same name and also held an enquiry as contemplated under sections 4, 6 and 7 of act of 1960 and rule 3 of karnataka society registration rules, 1961 but instead of that as contended by the petitioner, on the very same day when the application was filed, in a lightning speed registered respondent no.1- ..... and 18, wherein while answering point no.4 it has been discussed as to what is the effect of repeal of the bpt act and the counsel contends that the court comes to the conclusion that trust is not carrying out any charitable or religious act but it is carrying out educational activity and hence act of 1920 would not be applicable since the aims and objects will not come within the mandate ..... meetings were held on 07.09.2003, 09.10.203, 23.10.2003, 03.11.2003, 30.06.2004, 18.07.2004, 08.08.2004, 14.11.2004, 27.02.2005, 15.05.2005, 02.06.2005, 11.09.2005, 20.11.2005, 22.01.2006, 26.02.2006, 22.04.2006 and 28.05.2006. .....
Tag this Judgment!Court : Supreme Court of India
..... 482 of the code and article 226 of the constitution is unlimited whereunder in the interests of justice the high court can make such orders as may be necessary to prevent abuse of the process of any court or otherwise to 90 (2005) 1 scc568page 83 of 101 criminal appeal no.1659-1660 of 2024 secure the ends of justice within the parameters laid down in bhajan lal case91 [1992 supp (1) scc335:1992. ..... purchaser inter alia is engaged in the business of generating power through its various thermal, hydel, wind power stations and is taking up a new thermal power plant named as bellary thermal power 20 for short mmdr act 21 for short fsa page 13 of 101 criminal appeal no.1659-1660 of 2024 station (hereinafter referred to as btps), with an initial capacity of 500 mw likely date of commissioning is july, 2007. ..... virtue of section 26 of the cag act, the earlier order of 1936 was repealed. ..... union of india (2005) scc online gau 308; (2005) 275 itr50219 the king ..... 66 (2005) scc online gau 308; (2005) 275 itr502page 46 of 101 criminal appeal no.1659-1660 of 2024 5.11 coming next to the judgement passed by the karnataka high court in the case of aryan energy (supra) and cited by the other side, it is submitted on behalf ..... date of commissioning maybe taken as dec.2005. ..... period of 25 years for the development of captive coal mines and supply of coal to the thermal power plant operated by kpcl namely, bellary thermal power station13 with the tentative date of commissioning scheduled in december, 2005. .....
Tag this Judgment!Court : Supreme Court of India
..... , (2020) 5 scc757(hereinafter new india assurance 2 ) categorically observed that the rigours of section 13 of the act needed to be complied with mandatorily; however, on account of various conflicting decision(s) of this court, the constitution bench clarified that new india assurance 2 (supra) would operate ..... , (2020) 5 scc757(hereinafter new india assurance 2 ) categorically observed that the rigours of section 13 of the act needed to be complied with mandatorily; however, on account of various conflicting decision(s) of this court, the constitution bench clarified that new india assurance 2 (supra) would operate ..... (2015) 16 scc20(hereinafter new india assurance 1 ) held that the rigours of section 13 of the act were mandatory and accordingly, observed that the law laid down by this court in j.j.merchant (supra) would prevail ..... , the damage amount assessed by a surveyor under section 64um of the act, towards the claim of the respondent (the subject amount ); and (iii) stayed the operation of the impugned order. ..... nanhku, (2005) 4 scc480vis- -vis limitation period for filing of a written statement under section 13 of the act; (ii) directed the appellant to a sum of inr4500,000 (indian rupees forty five ..... the right of the appellant company to file its written statement on account of the appellant company s lapse in conforming to statutory period prescribed for filing its written statement, under section 13 of the consumer protection act, 1986 (the act ); and (ii) an order dated c. a. .....
Tag this Judgment!Court : Supreme Court of India
..... ramanatha aiyar, 3rd edition 2005 defines surety to mean the bail that undertakes for another man in a criminal case. 12 22. ..... on 13.09.2022 under sections 406 and 420 of ipc and fir no.141 of 2023 dated 21.05.2023 registered at police station tulsipur, district balrampur under section 3(1) of the uttar pradesh gangsters and anti social activities (prevention) act, 1986. .....
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