Judgment Search Results Home > Cases Phrase: marking of heavy packages act 1951 section 1 short title extent and commencement Page 23 of about 319 results (0.136 seconds)

Oriental Bank of Commerce Vs. Rajni Malik and ors.

Court : DRAT Delhi

Reported in : I(2008)BC60

1. Both these Miscellaneous Appeals arise out of the same O.A. 1/2004 of DRT-III, Delhi and have been filed by the applicant of the said O.A., i.e., Oriental Bank of Commerce against the respondents (defendants in O.A.). So, they can be conveniently decided together.2. Miscellaneous Appeal 68/2005 is directed against the order dated 27.1.2005 passed by the Tribunal below dismissing LA. 342/2004 moved by the Oriental Bank of Commerce. The said I.A. 342/2004 had been made by the Bank under Section 19(11) of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (hereinafter referred to as 'the Act') to exclude the counter-claim of the defendants from the O.A. and to direct the counter-claim to be disposed of by an independent order.3. The Bank has filed the O.A. in question for the recovery of Rs. 40 lakh and odd against the respondents herein (defendants in O.A.). They put in appearance before the DRT and filed written statement with a counter-claim for Rs. 9,90,107.68...

Peisch Vs. Ware

Court : US Supreme Court

..... subjects to forfeiture all vessels containing spirits, &c.;, which may be found unmarked and not accompanied by certificates, which by the foregoing provisions ought to be marked and accompanied by certificates. in the foregoing provisions the legislature, in the opinion of this court, did not intend to comprehend wrecked goods, or goods found ..... the circuit court for the district of delaware syllabus wine and spirits saved from a wreck and landed are not liable to forfeiture because unaccompanied with such marks and certificates as are required by law, nor because they were removed without the consent of the collector before the quantity and quality were ascertained and ..... the master or other person having the command of such vessel, and all those who shall be concerned in unlading, removing, or storing such goods, to heavy penalties, and the goods themselves to forfeiture. it was well observed that the application of this section to cases where the goods must perish, if not immediately .....

The Exchange Vs. Mcfaddon

Court : US Supreme Court

The Exchange v. McFaddon - 11 U.S. 116 (1812) U.S. Supreme Court The Exchange v. McFaddon, 11 U.S. 7 Cranch 116 116 (1812) The Exchange v. McFaddon 11 U.S. (7 Cranch) 116 ERROR TO THE CIRCUIT COURT OF PENNSYLVANIA Syllabus A public vessel of war of a foreign sovereign at peace with the United States, coming into our ports and demeaning herself in a friendly manner, is exempt from the jurisdiction of the country. The jurisdiction of a nation within its own territory, is exclusive and absolute. It is susceptible of no limitation not imposed by itself. Any restriction deriving validity from an external source would imply a diminution of its sovereignty to the extent of that restriction, and an investment of that sovereignty to the same extent in that power which could impose such restriction. All exceptions to the full and complete power of a nation within its own territories must be traced up to the consent of the nation itself. A nation would justly be considered as violatin...

The Samuel

Court : US Supreme Court

..... by indictment or information in any court having competent jurisdiction to try the same." debt, indictment, and information are said to be technical terms designating common law remedies, and consequently marking out the courts of common law as the tribunals in which alone prosecutions under this act can be sustained. there would be much force in this argument if the term .....

United States Vs. Larkin

Court : US Supreme Court

..... making the grant, he had conformed to the regulations. the patent issued the 4th november, 1844, subject to the conditions that juridical possession should be taken and the proper boundaries marked out and that the grantee should plant fruit-bearing, or forest trees of some utility, and if he failed to perform the conditions he should lose the land. no act ..... . he shall solicit the proper judge to give him juridical possession page 59 u. s. 560 of it, in virtue of this grant, for the which boundaries thereof shall be marked out, within the limits of which, besides the usual landmarks, he shall plant some fruit-bearing or some forest trees of some utility." "3. if he shall contravene these conditions .....

Kendall Vs. Winsor

Court : US Supreme Court

..... that year, and made harness on them, which he sold when he could get orders; that they were subject to some practical difficulties, particularly as it respected the method of marking the harness and the liability of the bobbin to get out of the clutch; that he was employed in devising means to remedy these defects, and did remedy them; that .....

Cruickshank Vs. Bidwell

Court : US Supreme Court

..... cause of condemnation and the claim or ground of the protest of the importer relating to the same, such samples, and the papers therewith, to be distinguished by such mark that the same may be identified; that the decision of such board shall be in writing, signed by them, and transmitted, together with the record and samples, ..... said teas, as hereinbefore set forth, and from refusing to permit your orators to take possession of the same and withdraw the same from the said warehouses, and from marking or stamping the invoices and papers relating to the importation thereof with the words, 'condemned under the laws of the united states,' or any words to that effect, ..... them they will forthwith export said teas out of the limits of the united states, and will submit the invoices and various papers relating to said teas to be marked by defendant as teas "condemned under the laws of the united states." the bill then specifically enumerated the entries of the teas, the warehouses in which they were .....

BaldwIn Vs. G.A.F. Seelig, Inc.

Court : US Supreme Court

..... are not subject to license or prohibition by the state of destination without congressional consent. [ footnote 3 ] they become subject, however, to such laws when the packages are broken. there is little, if any, analogy between restrictions of that type and those in controversy here. in licensing or prohibiting the sale of intoxicating liquors ..... counsel for the state. they do not touch the case at hand. the line of division between direct and indirect restraints of commerce involves in its marking a reference to considerations of degree. even so, the borderland is wide between the restraints upheld as incidental and those attempted here. subject to the ..... to do. because of that refusal, other public officers, parties to these appeals, announce a purpose to prosecute for trading without a license and to recover heavy penalties. this suit has been brought to restrain the enforcement of the act in its application to the complainant, repugnancy being charged between its provisions, when so .....

Daniel Vs. Paul

Court : US Supreme Court

..... or may not have come from animals raised, slaughtered, and processed in arkansas. it also made an observation that the bread used in the sandwiches was baked and packaged locally, but took judicial notice that the principal ingredients going into the bread were produced and processed in other states. this observation on the part of the court ..... ingredients were probably obtained by the bottlers from out-of-state sources." 263 f.supp. at 418. fact-findings on serious problems like this one, which involves marking the jurisdictional authority of state and nation, should not be made on the basis of "judicial notice" and on probabilities not based on evidence. the court of ..... or may not have come from animals raised, slaughtered, and processed in arkansas. the bread page 395 u. s. 313 used by defendants was baked and packaged locally, but judicial notice may be taken of the fact that the principal ingredients going into the bread were produced and processed in other states. the soft drinks .....

Kailash Choudhary @ Kailash Pd. Choudhary Vs. State of Bihar and anr.

Court : Patna

..... has committed error in setting aside the order passed by the executive magistrate only on the ground that the documents filed on behalf of the petitioner were not marked properly in accordance with the provision of the evidence act.6. in the light of the aforesaid submission, the learned counsel for the opposite parties has placed ..... any witness. it was also held that the documents filed by the parties are to be taken into consideration and that can be done even without formal proof. marking of document as xhibit is necessary for identification and it is not a mandatory condition precedent before reliance can be placed on the same. it was, therefore, ..... the parties who filed their respective written statements in course of the proceeding. the petitioner was the second party who examined nine witnesses and certain documents were also marked as exhibit-1 to 6/b on behalf of the petitioner. opposite party no. 2 also examined two witnesses but did not file any documentary evidence. after .....