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Kantilal Manilal Parekh Vs. Ranchhoddas K. Bhatt

Court : Mumbai

Reported in : AIR1953Bom98; (1952)54BOMLR786

..... now, under what was known as the leeman's act it was obligatory that the numbers of bank shares should be set out in the contract; but the stock exchange had studiously disregarded this provision of leeman's act and entered into contracts without mentioning the numbers of such ..... leeman's act provided that a contract for the sale or transfer of bank shares should be null and void to all intents and purposes unless the numbers of the shares were specified in the ..... of effecting transactions in accordance with the rules made by the native share & stock brokers' association, and if he entered into any contracts which were not in accordance with such rules, the broker has done no act in pursuance of the employment of agency and he can have no claim against the constituent. ..... principle of there being no agency in respect of an illegal or unlawful act, in such cases the right to indemnity does not naturally exist. ..... now, as i have pointed out, the provisions of this act only bring about two consequences: (1) that a contract not in accordance with the rules is void and (2) no claim by a broker for his commission ..... now, turning to the provisions of the bombay securities contract control act, 1925, the preamble states that it is an act to regulate and control certain contracts for the purchase and sale of security, the important point to note being that it is not an act to prohibit contracts. ..... i cannot read the act as prohibiting the entering into of a contract except in accordance with the rules .....

Rekha Agarwal and Another Vs. Anil Agarwal and Others

Court : Mumbai

..... petitioner was constrained to send a dissolution notice; and that the petitioner was entitled to dissolution and accounts and towards that end a special audit was needed to be conducted into the accounts having regard to various acts of manipulation of accounts and siphoning of frauds by respondent no.1. the petitioner, accordingly, prayed inter alia for relief of a declaration that she continued to be a partner till dissolution of the firm by her notice, an account from ..... true that the discretion of the civil court to proceed with the suit is narrowed down, but i am unable read to anything from the act which would place a total embargo on the civil court to continue the proceedings before it only on the mere existence of an arbitration ..... ., a constitutional bench of this court held that once the chief justice or his designate appoints an arbitrator in an application under section-11 of the act, after satisfying himself that the conditions for exercise of power to appoint an arbitrator are present, the arbitral tribunal could not go behind such decision and rule on its own jurisdiction or on the existence ..... . this court identified and segregated the preliminary issues that may arise for consideration in an application under section-11 of the act into three categories, that is (i) issues which the chief justice or his designate is bound to decide; (ii) issues which he can also decide, that is issues which he may choose to decide; and (iii) issues which ..... . leeman) (1846 .....

New York Vs. Cathedral Academy

Court : US Supreme Court

..... 138) that authorized reimbursement to nonpublic schools for state-mandated recordkeeping and testing services, and permanently enjoining any payments under the act, including reimbursement for expenses that such schools had already incurred in the last half of the 1971-1972 school year. ..... the court's order permanently enjoined any payments under the act, including reimbursement for expenses that schools had already incurred in the last half of the 1971-1972 school year. ..... [ footnote 2 ] at oral argument, the assistant solicitor general of new york said that the state of new york frequently defends against claims for payment on the ground that the enabling act authorizing suit in the court of claims is unconstitutional. ..... [ footnote 1 ] the order permanently enjoined "all persons acting for or on behalf of the state of new york . . . ..... in april of 1972, a three-judge united states district court for the southern district of new york declared unconstitutional new york's mandated services act, 1970 n.y.laws, page 434 u. s. ..... 996 in the court of claims, and the state defended on the ground that the act was unconstitutional. ..... thus the act explicitly authorized what the district court's injunction had prohibited: reimbursement to sectarian schools for their expenses of performing state-mandated services through the 1971-1972 academic year. ..... the act "recognize[d] a moral obligation to provide a remedy whereby . . . .....

Rosebud Sioux Tribe Vs. Kneip

Court : US Supreme Court

..... . 258, suggests that congress viewed this land as disestablished immediately: "that all lands herein ceded and opened to settlement under this act, remaining undisposed of at the expiration of four years from the taking effect of this act, shall be sold and disposed of for cash, under rules and regulations to be prescribed by the secretary of the interior, not more than six hundred and ..... 584 certiorari to the united states court of appeals for the eighth circuit syllabus both the language and legislative history of the acts of 1904, 1907, and 1910, whereby land in certain counties in south dakota located within the boundaries of the rosebud sioux reservation as defined in an 1889 treaty was required to be ceded by the ..... . its indifference is perhaps best manifested by the fact that, in legislation concerning the reservation enacted immediately subsequent to the rosebud acts, congress at times referred to the opened counties as part of the reservation, and at times referred to them as ..... 41 ] the secretary of the interior believed that "the views of the indians should be procured before the bill is finally acted on," although recognizing "the fact that congress can enact legislation of this character without the consent of the indians interested. ..... equally plausible that congress did not explain the effect of the 1904 act because it assumed that the act would have precisely the same effect as earlier nonpurchase surplus land acts such as those considered in mattz: the lands would be .....

Sunkist Growers, Inc. Vs. Winckler and Smith

Court : US Supreme Court

..... held that any objection to at least one of the conspiracy instructions was waived; that, in any event, different agricultural cooperatives combining together are not entitled to claim a total immunity for acts which they might do unilaterally and individually; and that the common ownership of sunkist, exchange orange, and exchange lemon did not prevent the finding of an illegal conspiracy among them. ..... orange products company, can accordingly combine or conspire together or with others to violate sections 1 and 2 of the sherman act as charged in the first and second causes of action, subject to other instructions concerning the capper-volstead act, and section 6 of the clayton act, and the exemptions contained therein. ..... " the instructions on the clayton and capper-volstead acts merely stated that the cooperatives could lawfully have a monopoly of the ..... and the legislative history of the act reveals several references to the sunkist organization -- then called the california fruit growers exchange and numbering 11,000 members -- including a suggestion by senator capper that this was the ..... 28 the capper-volstead act sets out this immunity in greater specificity: "that persons engaged in the production of agricultural products as farmers, planters, ranchmen, dairymen, nut or fruit growers may act together in associations, corporate or otherwise, with or without capital stock, in collectively processing, preparing for market, handling, and marketing in interstate and foreign commerce .....

Sir M. Visweswaraya Education Trust Vs. State of Karnataka

Court : Karnataka

Reported in : ILR1986KAR3095

..... word or conduct made to the other a clear and unequivocal promise or representation which is intended to create legal relations or affect a legal relationship to arise in the future, knowing or intending that it would be acted upon by the other party to whom the promise or representation is made and it is in fact so acted upon by the other party, the promise or representation would be binding on the party making it and he would not be entitled to go back upon it, if it would be inequitable to allow him to do ..... sri murthy had urged that the bangalore university to which the application was made and on whose opinion government had acted or acts was a necessary party and in its absence, the writ petition was not maintainable and was liable to be dismissed ..... on or about 30-10-1984 the petitioner made an application in the prescribed form under section 53 of the karnataka state universities act, 1976 (karnataka act 28 of 1976) ('the act') to the bangalore university ('university') for grant of affiliation to a medical college called 'mahatma gandhi medical college' to he started by it near kolar town, the district head quarter of the same district for the academic ..... emerges from these rulings is that even when government exercises its powers under the act that power exercised by it is only executive power and cannot be anything other than ..... poti had urged that the order made by government under section 53 of the act was a statutory order and was not one made in exercise of its executive .....

Blau Vs. Lehman

Court : US Supreme Court

..... 403 certiorari to the united states court of appeals for the second circuit syllabus petitioner, a stockholder in a corporation with stock registered on a national securities exchange, sued under 16(b) of the securities exchange act of 1934 to recover on behalf of the corporation from one of its directors and a partnership of which he was a member "short-swing" profits realized by them on the purchase and sale by the partnership of ..... 415 ruling, that firm can make a rich harvest on the "inside information" which 16 of the act covers because each partner need account only for his distributive share of the firm's profits on "inside ..... agree that petitioner and the commission present persuasive policy arguments that the act should be broadened in this way to prevent "the unfair use of information" more effectively than can be accomplished by leaving the act so as to require forfeiture of profits only by those specifically designated ..... its impact than the result i urge here, as it held a partnership could be criminally liable under the motor carrier act -- the court said, "congress has specifically included partnerships within the definition of 'person' in a large number of regulatory acts, thus showing its intent to treat partnerships as entities." id., p. ..... go so far as to suggest that 16(b)'s forfeiture of profits should be extended to include all persons realizing "short-swing" profits who either act on the basis of "inside" information or have the possibility of "inside" information. .....

Joseph Burstyn, Inc. Vs. Wilson

Court : US Supreme Court

..... sacrilege against sacred places: to violate the immunity of churches and other sacred places "as far as this is still in force"; to commit a crime such as homicide, suicide, bloody attack there; to break by sexual act a vow of chastity there; to bury an infidel, heretic, or excommunicate in churches or cemeteries canonically established; or to put the sacred place to a profane use, as a secular courtroom, public market, banquet hall, stable, etc ..... thus, the robbing of churches or of graves, the abuse of sacred vessels and altars by employing them for unhallowed purposes, the plundering and misappropriation of alms and donations, are acts of sacrilege, which in the ancient church were punished with great severity. ..... it is true that spelman, writing "the history and fate of sacrilege" in 1632, included in "sacrilege" acts whereby "the very deity is invaded, profaned, or robbed of its glory. . . . ..... the current printing of funk & wagnalls' new standard dictionary of the english language, first copyrighted in 1913, carries exactly the same definition of "sacrilege" except that the first definition has been expanded to read: "the act of violating or profaning anything sacred, including sacramental vows . ..... " [ footnote 2/27 ] in these cases, as in others under the act, the board's reported opinion confines itself to a bare finding that the film was or was not "sacrilegious," without so much as a description of the allegedly offensive matter, or even of the film as a whole to enlighten the .....

Adams Vs. United States Ex Rel. Mccann

Court : US Supreme Court

..... " it hardly occurred to the framers of the original constitution and of the bill of rights that an accused, acting in obedience to the dictates of self-interest or the promptings of conscience, should be prevented from surrendering his liberty by admitting his guilt. ..... a plea of guilt expresses the defendant's belief that his acts were proscribed by law, and that he cannot successfully be defended. ..... uninterruptedly from the first judiciary act (section 14 of the act of september 24, 1789, 1 stat. ..... 298 , was expressly recognized and acted upon by congress in the act of march 8, 1934, c. ..... we should be even more strict and exacting in case the waiver is made by a layman acting on his own. ..... but we are asked here to hold that an accused person cannot waive trial by jury, no matter how freely and understandingly he surrenders that right, unless he acts on a lawyer's advice. .....

Commissioner of Wealth-tax, Tamil Nadu Vs. B.M. Ramalingam

Court : Chennai

Reported in : (1982)30CTR(Mad)179

..... in the circumstances of the case, the appeal preferred by the department against the order of the appellate assistant commissioner dated on december 24, 1973 dropping the proceedings which he had initiated under section 35(1)(b) of the wealth-tax act, was not competent ?"10. before proceeding to examine the arguments addressed from either side of the bar before us on the above question of law, we may observe that the tribunal's view as to the non-maintainability of the ..... . it is no wonder that courts too, while construing any given set of provisions in any given direct tax act should be found oftentimes taking a leaf out of comparable provisions in the other direct tax enactments and also adopting judicial pronouncements rendered ..... [1952] 33 tc 259 (hl), that the beliefs or assumptions of those who frame acts of parliament cannot make the law ..... . but in both cases the act or omission impinges only on the parent order passed by the aac in ..... . they would be aggrieved by the act of rectification or refusal to rectify as the case may ..... the tax under this act is fastened on the net wealth of a ..... the taxable object or the taxable event, may be different under every fiscal measures, but a high degree of resemblance in the provisions, especially, in the stricter of the machinery provisions, may be discerned in all the direct taxes acts, hence we find parliament undertaking common featured amendments in the different tax laws by passing omnibus amending legislations called direct taxes (amendment) act .....