Judgment Search Results Home > Cases Phrase: indian council act 1874 Sorted by: old Page 11 of about 326,208 results (0.273 seconds)

In Re: The Ava and The Brenhilda Government of Bengal Vs. Thomas W. Wh ...

Court : Kolkata

Reported in : (1880)ILR5Cal453

..... admiralty courts, and in their absence criminal courts, had authority, under section 4 of the indian act of 1863, to investigate against holders of board of trade certificates; and, both under the merchant shipping acts and that act, had power, if necessary, to cancel or suspend their certificates. ..... it repeals sections 100, 101, and 102, of act i of 1859, and act xv of 1863;--that is to say, it repeals the whole indian statute law relating to investigations into charges against the holders of certificates, whether of the board of trade or the local government; to inquiries into wrecks and casualties; and to cancellation and suspension of certificates of either kind, with the exception of section 80 of act i of 1859, which enables courts of admiralty; in certain cases, and upon the application of certain persons (of whom ..... it recited section 242 of the merchant shipping act, 1854, by which the board of trade could cancel its certificates upon the report of 'any court or tribunal authorised or hereafter authorised by the legislative authority in any british possession to make inquiry into charges of incompetency or misconduct on the part of masters or mates of ships, or as to shipwrecks or other casualties affecting ships;' and section 82 of the indian act, i of 1859, by which the local government could cancel its certificates upon a like report .....

Dulputty Singh Vs. Sikher Chund

Court : Kolkata

Reported in : (1880)ILR5Cal364

..... . that the public in this country have hitherto adopted the same view which i take of section 18, is manifest to any mind from this remarkable fact, that whereas before the act sales made by guardians were a constant source of litigation in the civil courts, we have not been able to find a single case, reported or otherwise, (even with the assistance of the able, experienced counsel ..... sold by public auction at a ruinous, sacrifice.30. in this state of things, the two elder brothers, who were the certificated guardians of their minor brother aree bhunjun, applied to the civil court, under section 18 of act xl of 1858, for leave to sell the minor's share in certain portions of the property, in order to save the rest, if possible, and so relieve the family from their pressing difficulties ..... to consider, that sales made under the sanction of the courts ought not to be of the same authority here, as they are in england, because the indian courts have not the same means as english judges have of arriving at a right decision.77 ..... stated the law in this respect, and this case has been quoted with approbation by their lordships of the judicial committee of the privy council in the case of jummoona dassya chowdhrani v. ..... ), referred to by the privy council in hunooman panday's case (6 ..... that i should deal with all the points raised in these appeals, i think it my duty to do so, as it is not improbable that these suits, or some of them, will be taken in appeal to her majesty's privy council. .....

Langford Vs. Monteith

Court : US Supreme Court

..... is admitted into the union on an equal footing with the original states, in all respects whatever, adds, that nothing contained in the constitution of the state shall be construed "to include any territory which by treaty with such indian tribe is not, without the consent of said tribe, to be included within the territorial limits or jurisdiction of any state or territory; but all such territory shall be excepted our of the boundaries and constitute no part of the ..... the principle announced in that case is sound, namely that when, by the act of congress organizing a territorial government, lands are excepted out of the jurisdiction of the government thus brought into existence, they constitute no part of such territory, although they are included within its ..... , contains a clause precisely similar to that in the act admitting kansas into the union. ..... congress has also acted on this principle on the admission of new states into the ..... 347 of the act to regulate proceedings in civil cases in the courts of that territory declares that, on a trial before a justice of the peace, if it appear from the plaintiff's own showing, or from the answer of the defendant verified by his oath, ..... 147 the act of congress of march 3, 1863, to provide a temporary government for the territory of idaho, 12 ..... the act for the admission of kansas, 12 ..... where an act of congress admitting a state into the union, or organizing a territorial government, provides, in accordance with a treaty stipulation, that .....

Soorjee Kanto Roy Chowdhry Vs. Woomesh Chunder Bose

Court : Kolkata

Reported in : (1880)ILR5Cal713

..... the judge then cited act i of 1868 of the indian council. ..... it is true that the general law of limitation does not apply to local acts according to judicial ruling; but indian courts are courts of equity, and i think it fair ground for equitable relief to argue that a party should not be told that because he has not performed an impossibility he is out of court. ..... that act, which is commonly known by the name of the general clauses act, is in terms an act for shortening the language used in the acts of the governor-general in council, and is therefore not applicable to the acts of the bengal legislature. ..... in that court the plaintiff appears to have relied upon a judicial interpretation of section 27 of act viii, but the judge concurred with the court below in holding that that did not apply to section 29. .....

Ward Vs. the Queen

Court : Chennai

Reported in : (1882)ILR5Mad33

..... by the indian council's act 1861, power was given to the governor-general in council at meetings for making laws and regulations to make, inter alia, laws and regulations for european british subjects, being servants of the government of india within the dominions of princes and ..... of the peace and european british subjects, by any law for the time being in force in british india relating to criminal procedure, and it also provided that the governor-general in council might direct to what court having jurisdiction over european british subjects any such justice of the peace was to commit for trial. ..... relating to offences and to criminal procedure, for the time being in force in british india shall, subject as to procedure to such modifications as the governor-general in council from time to time directs, extend to all british subjects, european and native, in native states. ..... , 23rd september 1874, direct him to commit to this court such european british subjects, being christians, as are required by act x of 1872 to be ..... , dated 23rd september 1874, justices of the peace within the territory of mysore were directed to commit for trial to this court such european british subjects, being christians, as are required by act x of 1872 to be ..... ), dated 23rd september 1874, in the exercise of the powers conferred on him by this statute, empowered this court to exercise original and appellate criminal jurisdiction over christian subjects of her majesty, being european british subjects, in the .....

Fatten Lall Vs. Gujju Lall

Court : Kolkata

Reported in : (1881)ILR6Cal171

..... but those cases, it must be borne in mind, occurred many years ago, at the time when the practice in the mofussil in this respect was very lax and before the evidence act was passed; and the observations of the privy council were made, as i humbly conceive, not as approving of this laxity of practice, but rather as excusing it, upon the ground that the mofussil courts were not at that time so sufficiently acquainted ..... that they do really embody the english law as to the admissibility of judgments as it existed at the time when the indian act was passed; and it would be strange, indeed, if having taken the pains to confine by these sections the admissibility of judgments to those cases where they would be admissible by english law, the framers of the act had, by another and a previous section, disregarded the english law entirely, and had admitted as evidence all judgments, whether ..... in order to arrive at a conclusion on this point, it seems to me a relevant fact that the indian evidence act, 1872, was passed by the legislature of this country under the direction of a skilled lawyer, for the express purpose of consolidating, defining, and amending the law of evidence in india; that the construction of the act is marked by careful and methodical arrangement; and that many of the more important expressions used in it are ..... suppose it must be generally acknowledged, that, with some few exceptions, the indian evidence act was intended to, and did in fact, consolidate the english law of .....

In Re: the Indian Companies' Act, 1866 and of the Calcutta Jute Mills ...

Court : Kolkata

Reported in : (1880)ILR5Cal888

..... so far as it is material, as follows:subject as hereinafter mentioned, any partnership, association or company, except railway companies incorporated by act of parliament or act of the governor-general of india in council, consisting of more than seven members, and not registered under this act, and hereinafter included under the term unregistered company, may be wound up under this act, and all the provisions of this act with respect to winding up shall apply to such company with the following exceptions and additions:(1) an unregistered ..... i think the learned chief justice was speaking throughout of an english company so formed, such as the one then before the court; and did not intend to deal with the very different case of a company indian in everything except registration; and section 194 seems to show that companies formed under act of parliament or letters patent may register in india, and may do so for the purpose of being wound up.11. ..... , taken apart from their context, might seem to lay down that an indian court could not wind up a company formed by royal charter or under an imperial ..... the provisions of the indian companies' act are substantially taken from the english act; see per peacock, ..... of the company is all in calcutta: the whole of the manufacturing business is still carried on here; and a large majority of the shares held are on the indian register,--that is to say, 5,232 against 768 on the english list.2. ..... part iv of the indian companies' act give such a power. .....

Evansville Bank Vs. Britton

Court : US Supreme Court

..... except as to those who are actually indebted, and actually claim the benefit of the deduction, and actually set it up in a suit brought by the bank for relief, is practically to render the condition of the act of congress nugatory and to deprive of its protection the national banks and their stockholders. ..... that the bill was brought not so much to assert the rights of stockholders who may have been injured by the enforcement of the statute as to obtain a judicial declaration of this court that the act is void and the attempt to tax the shares of the bank equally so. ..... one of them is more directly in conflict with the act of congress than the other, it is the indiana statute ..... as the law stands, it acts as a prohibition against the purchase of the stock by those who owe debts, and they constitute a considerable portion ..... shares by the indiana statute, without permitting the shareholder to deduct from their assessed value the amount of his bona fide indebtedness as in the case of other investments of moneyed capital, is a discrimination forbidden by the act of congress. ..... " the act of congress does not make the tax on personal property the measure of the tax on bank shares in the state, but the tax on moneyed capital in the hands of ..... statute of indiana, without permitting the owner of them to deduct from their assessed value the amount of his bona fide indebtedness, as he may in the case of other investments of moneyed capital, is a discrimination forbidden by the act of congress. 2. .....

In Re: Morgan and anr.

Court : Kolkata

Reported in : (1881)ILR6Cal633

..... 51) it must be taken as decided in england, that the section must receive a consistent construction, independent of the circumstances of the particular case; and as the indian enactment is an act of parliament identical in its terms, and having the same object, these decisions are, i conceive, binding upon me; and the reasons upon which they proceed must also ..... the construction of the section in the english bankruptcy act, corresponding with section 23 of the indian insolvency act, has lately received considerable attention with reference to partners; and the outcome of the decisions is certainly in accordance with common sense; for the section is a limitation of or derogation from, the rights ..... on november 16th the brother being embarrassed on account of a bill accepted by him for a brother, absconded, and then committed an act of bankruptcy, of which the plaintiff had notice; but she remained on the farm selling the milk, &c;, until the property was seized by ..... 11, section 15, clause 5) are similar to those of section 23 of the indian insolvent act, and the lords justices held, that the clause was confined to cases where the bankrupt is in the sole possession of ..... decision was followed by the chief judge in bankruptcy, vice-chancellor bacon, who said:-'the act of parliament is perfectly clear, and even if i had not the assistance of ex parte ..... , [637] august 14th 1874, one lepage, the original owner of a business, sold it to three persons, taking from them a mortgage ..... august 1874 by .....

Hursee Mahapatro Vs. Dinobundo Patro

Court : Kolkata

Reported in : (1881)ILR7Cal523

..... come to this conclusion, because it was thought necessary by a special legislative enactment (act xxi of 1845) to empower the governor-general in council to establish civil and criminal courts in the tributary mehals and to define the powers of the several grades of these court, and such power has been cl(sic)jd and exercised by the government of bengal without any such authority; and next, because the fact that the indian councils act, 24 and 25 vict ..... urged that, inasmuch as mohurbhunj is not specified amon the scheduled districts of bengal in the first schedule of act xiv of 1874, or the sixth schedule of act xv of 1874, it is under section 3 of the latter act, subject the ordinary law in force throughout british india.24. ..... but it seems to me that, although mohurbhunj is british india, and although the acts of 1874 declared what was the law for british india, inasmuch as the concluding sections ..... as to the laws now actually in force in mohurbhunj, it is impossible to deny that the effect of section 3 of act xv of 1874 has been to produce some obscurity as to the position of those parts of india which, not being scheduled districts as enumerated in the schedules to the acts, are yet not administered in complete accordance with the 1aws declared to be in force throughout the whole of british india except the scheduled districts; and that the difficulty thus occasioned is enhanced by ..... they are not mentioned in the schedule to act xv of 1874, and they are, therefore, unaffected by .....