Judgment Search Results Home > Cases Phrase: judges inquiry act 1968 preamble 1 judges inquiry act 1968 Year: 1937 Page 9 of about 98 results (1.058 seconds)

Palko Vs. Connecticut

Court : US Supreme Court

..... life. thereafter, the state of connecticut, with the permission of the judge presiding at the trial, gave notice of appeal to the supreme court of errors. this it did pursuant to an act adopted in 1886 which is printed in the margin. [ footnote 1 ] public acts, 1886, p. 560; now 6494 of the general statutes. upon ..... , physical or mental. brown v. mississippi, supra. justice, however, would not perish if the accused were subject to a duty to respond to orderly inquiry. the exclusion of these immunities and privileges from the privileges and immunities protected against the action of the states has not been arbitrary or casual. it has ..... most part to a unifying principle. on which side of the line the case made out by the appellant has appropriate location must be the next inquiry, and the final one. is that kind of double jeopardy to which the statute has subjected him a hardship so acute and shocking that our ..... been review at his instance, and as often as necessary to purge the vicious taint. a reciprocal privilege, subject at all times to the discretion of the presiding judge, state v. carabetta, 106 conn. 114, 127 atl. 394, has now been granted to the state. there is here no seismic innovation. the edifice ..... common pleas, upon all questions of law arising on the trial of criminal cases, may be taken by the state, with the permission of the presiding judge, to the supreme court of errors, in the same manner and to the same effect as if made by the accused." a statute of vermont (g .....

Maulvi Abdul Jabbar Palwan Vs. Moulvi Azizar Rahaman Mea

Court : Kolkata

Reported in : AIR1937Cal425

..... operation of that order. on 14th march 1935, the decree-holder applied for setting aside this order to the successor of the learned judge who made it under order 47, rule 1 and section 151 of the code on the ground that there was a mistake on the face of the order. the appellant opposed the ..... in the course of the execution of that order. the relevant portion of section 12, act 39 of 1920 is as follows:any order made by a governor on the report of the commissioners regarding the costs of inquiry may be produced before the principal civil court of original jurisdiction within the local limit of ..... this: that at the time when the order sought to be reviewed was made, the district judge, the pleaders of the parties, as well as the parties themselves, were not aware of the existence of section 12, act of 1920: on account of this ignorance of law the decree-holder's application was not entertained ..... by the district judge and consequently this is an error of law apparent on the face of the record. rule 2, ..... the district magistrate of mymensingh for execution of the order. while this petition was pending, he discovered that under the provisions of section 12, act 39 of 1920 of the indian legislative council the order for costs awarded on an election petition could be executed in the court of the district .....

Jupiter General Insurance Co., Ltd. Vs. Ardeshir Bomanji Shroff

Court : Privy Council

Reported in : AIR1937PC223

..... . as regards the explanation which mr. mody asked for it should be added that he was clearly in a position which required him to make inquiries as to every matter touching discipline and the rightful conduct of business. to take a strong illustration, suppose that there was ground for thinking that ..... had been bribed in relation to the acceptance of a risk, could anyone doubt that it would be the duty of the managing governor to make inquiries and to submit the result of them to the managing agents? the notion that the circular (or any possible construction of it) furnishes an excuse ..... insurance department, and that he was entitled to resent any action by the managing governor in supervising that department as being officious and intermeddling. the trial judge, however, refused to accept this view. the respondent was driven to admit in the course of cross-examination that the secretary, a mr. iyer, ..... mody, who was surprised to find that mr. iyer had not been informed of the refusal by himself of the re-insurance proposal, wrote the words "i am against this acceptance" on a slip which he attached to the papers and he sent them back to the respondent's department. mr. mody then ..... was sufficient to justify his dismissal. on the one hand it can only be in exceptional circumstances that an employer is acting properly in summarily dismissing an employee on his committing a single act of negligence; on the other, their lordships would be very loath to assent to the view that a single outbreak .....

City Bank Farmers Trust Co. Vs. Irving Trust Co.

Court : US Supreme Court

..... , securities, other than stock, liens, or other interests of whatever character. . . ." "in case an executory contract or unexpired lease of real estate shall be rejected pursuant to direction of the judge given in a proceeding instituted under this section, or shall have been rejected by a trustee or receiver in bankruptcy or receiver in equity, in a proceeding pending prior to ..... section was amended in 1934. there is, however, a further provision: "in case an executory contract or unexpired lease of real estate shall be rejected pursuant to direction of the judge [ see subsection (c)(5)] given in a proceeding instituted under this section, or shall have been rejected by a trustee or receiver in bankruptcy or receiver in equity, in a ..... . justice roberts delivered the opinion of the court. certiorari was granted in this and three following cases, involving the construction and validity of provisions of 77b of the bankruptcy act, [ footnote 1 ] which enlarge the category of provable claims to include one by a landlord for injury due to rejection of a lease, or for damages or indemnity under a lessee's ..... indemnity payable because of the termination of a leasehold. p. 299 u. s. 438 . 3. section 77b of the bankruptcy act provides: "in case an executory contract or unexpired lease of real estate shall be rejected pursuant to direction of the judge given in a proceeding instituted under this section, or shall have been rejected by a trustee or receiver in bankruptcy .....

Superintendent and Remembrancer of Legal Affairs Vs. Azizar Rahaman Ch ...

Court : Kolkata

Reported in : AIR1937Cal233

..... examination of witnesses on oath. in fact, this procedure is followed almost every day. the learned judge assuming that he had jurisdiction, would, therefore, have acted quite legally if he had accepted the sureties without holding any inquiry or examination of witnesses on oath. we, therefore, have to determine whether this is a case in which ..... to me to indicate this very plainly indeed. when one turns to section 123 there is a mention of a sessions judge or the high court being invoked in certain circumstances, not, i think, directly concerned with the acceptance of sureties but with the question arising when there is a difficulty in the accused ..... emperor v. narendra nath singh air 1930 pat 217, and it is in that case that adam, j. very cogently, i think, applies the test to decide the functions of a sessions judge and a magistrate in this regard by his reference to the exact terms employed in section 406(a) which is the ..... morass. the result is that in my opinion, the first ground on which the crown obtained this rule was justified.3. turning to the second ground i can see no merit whatever in it. there is a procedure laid down which is to be followed by the magistrate in rejecting a surety. but ..... allowed to stand as sureties; but they run the risk of losing their money, if the bonds are forfeited. i would, therefore, discharge this rule.cunliffe, j.4. i am of the same opinion and i do not wish to add anything upon the merits. but upon the interesting point of procedure as to the .....

Townsend Vs. Yeomans

Court : US Supreme Court

..... legislative power. there is no principle of constitutional law which nullifies action taken by a legislature, otherwise competent, in the absence of a special investigation. the result of particular legislative inquiries, through commissions or otherwise, may be most helpful in portraying the exigencies to which the legislative action has been addressed and in fortifying conclusions as to reasonableness. nebbia v. new ..... farmer has no definite guide for sorting his tobacco," and that hence "farmers generally are unable to class their tobacco correctly to meet the trade's demands." [ footnote 1 ] to meet this need, the act authorized the secretary of agriculture to make investigations and to establish standards for tobacco "by which its type, grade, size, condition, or other characteristics" might be determined ..... of diversity of local treatment according to local requirements, the states, in the absence of congressional regulation, are at liberty to act. p. 301 u. s. 455 . affirmed. appeal from a decree of the district court of three judges dismissing a bill in a suit to restrain the enforcement of a statute fixing maximum charges for handling and selling leaf tobacco ..... amendment of the federal constitution, and as placing a direct burden upon interstate commerce in violation of the commerce clause. the hearing in the district court was by three judges (28 u.s.c. 380) and, upon findings, of fact and conclusions of law, a final decree was entered dismissing the bill of complaint, one .....

United States Vs. Belmont

Court : US Supreme Court

..... rightfully undertakes it necessarily has warrant to consummate. and when judicial authority is invoked in aid of such consummation, state constitutions, state laws, and state policies are irrelevant to the inquiry and decision. it is inconceivable that any of them can be interposed as an obstacle to the effective operation of a federal constitutional power. cf. missouri v. holland, 252 u ..... refuse to recognize the decree and the titles derived under it as confiscatory and unjust, and concludes that the question is one not for the judges, but for the action of the sovereign through his ministers. "i do not feel able," he said, "to come to the conclusion that the legislation of a state recognized by my sovereign as an independent ..... that government and the government of the united states, followed by an exchange of ambassadors. the effect of this was to validate, so far as this country is concerned, all acts of the soviet government here involved from the commencement of its existence. the recognition, establishment of diplomatic relations, the assignment, and agreements with respect thereto, were all parts of one ..... states and the depositary, the deposit, in virtue of the international compact, belonged to the united states, whatever the policy of the state of new york touching the enforcement of acts of confiscation. p. 301 u. s. 327 . 2. judicial notice is taken of the facts that, coincidentally with the assignment, the president recognized the soviet government and normal diplomatic .....

West Coast Hotel Co. Vs. Parrish

Court : US Supreme Court

..... of the law enacted to forward it, the courts are both incompetent and unauthorized to deal;" that "times without number, we have said that the legislature is primarily the judge of the necessity of such an enactment, that every possible presumption is in favor of its validity, and that, though the court may hold views inconsistent with the wisdom of ..... authorized for the employment of women who were "physically defective or crippled by age or otherwise," and also for apprentices, at less than the prescribed minimum wage. by a later act, the industrial welfare commission was abolished, and its duties were assigned to the industrial welfare committee, consisting of the director of labor and industries, the supervisor of industrial insurance, ..... we further pointed out four distinct classes of cases in which this court from time to time had upheld statutory interferences with the liberty of contract. they were, in brief, (1) statutes fixing rates and charges to be page 300 u. s. 407 exacted by businesses impressed with a public interest; (2) statutes relating to contracts for the performance of ..... has a special interest in protecting women against employment contracts which through poor working conditions, long hours or scant wages may leave them inadequately supported and undermine their health; because: (1) the health of women is peculiarly related to the vigor of the race; (2) women are especially liable to be overreached and exploited by unscrupulous employers; and (3) this .....

Rangaswami Chetty Vs. K.S. Narayana Iyengar

Court : Chennai

Reported in : AIR1938Mad215

..... and section 47 be read together, then if the decree-holder seeks to make the surety liable, it is open to the surety to raise objections to executability, and the inquiry of the court into the question raised between the decree-holder and the surety is one under section 47 and is therefore appeal able. section 145 in terms applies only ..... district munsif of trichinopoly ordered the money to be paid over to the successful plaintiff in o.s. no. 87 of 1928. the surety thereupon filed an appeal to the judge, court of small causes, trichinopoly, who held that an appeal did not lie. the present a.a.o. has been filed against the order of the small cause ..... to the said loss having been adjusted out of the said security amount. if the plaintiff's suit is dismissed, and if defendants 1 and 2 should properly render accounts till the disposal of the suit and act justly, i alone shall receive the said amount with interest after this security bond having been cancelled.2. it is argued on behalf of the ..... the district munsif. the only question that has been argued in the appeal against appellate order is whether the learned judge was right in holding that no appeal lay. the security bond runs thus :so, is accordance with the said order, i have this day deposited (the amount) in this court for a period of six months as surety for the same .....

Herndon Vs. Lowry

Court : US Supreme Court

..... construed and applied in the appellant's trial, does not furnish a sufficiently ascertainable standard of guilt. the act does not prohibit incitement to violent interference with any given activity or operation of the state. by force of it, as construed, the judge and jury trying an alleged offender cannot appraise the circumstances and character of the defendant's utterances or ..... confines the subject matter of the investigation which it authorizes to no element essentially inhering in the transaction as to which it provides. it leaves open, therefore, the widest conceivable inquiry, the scope of which no one can foresee and the result of which no one can foreshadow or adequately guard against. in fact, we see no reason to doubt ..... necessarily violates the guarantees of liberty embodied in the fourteenth amendment. the judgment is reversed, and the cause is remanded for further proceedings not inconsistent with this opinion. reversed. [ footnote 1 ] 182 ga. 582, 186 s.e. 429, 430. [ footnote 2 ] "55. insurrection shall consist in any combined resistance to the lawful authority of the state, with intent to the ..... that regard infringe the constitutional guaranty of due process of law. believing that the statute under which the conviction was had is not subject to the objections leveled against it, i think the judgment of the supreme court of the state denying the petition for habeas corpus should be affirmed. mr. justice mcreynolds, mr. justice sutherland, and mr. justice butler .....