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Malaisie Versus Singapour

Court : International Court of Justice ICJ

..... specifically, article ii of the crawfurd treaty provided as follows: their highnesses the sultan hussain mahomed shah and datu tumungong abdul rahman sri maharajah hereby cede in full sovereignty and property to the honourable the english east india company, their heirs and successors for ever, the island of singapore, situated in the straits of malacca, together with the adjacent seas, straits, and islets, to the extent ..... clause 300. for these reasons, the court, (1) by twelve votes to four, finds that sovereignty over pedra branca/pulau batu puteh belongs to the republic of singapore; in favour: vice-president, acting president, al-khasawneh; judges ranjeva, shi, koroma, buergenthal, owada, tomka, keith, sep lveda-amor, bennouna, skotnikov; judge ad hoc sreenivasa rao; against: judges parra-aranguren, simma, abraham; judge ad ..... 176. the 1843 foreign jurisdiction act, the court understands, was particularly directed at doubts which had arisen in respect of the powers of british consuls in the ottoman empire and especially about the limits that might be imposed by english law on the powers, rather than about ..... official 1949 annual report published by the government of the state of johor, according to which by the beginning of the nineteenth century the old empire was in a state of dissolution ..... to a period of internal strife and instability during which many vassals broke away from the johor sultanate, or during the fourth period (1784-1824), when the old empire was in a state of dissolution?. 50 .....

Junagadh Municipality Vs. State of Gujarat

Court : Gujarat

Reported in : (2003)3GLR2663

..... exercise all the powers and perform all the functions and duties of all the authorities referred in items (i) to (iv) of sub-para (a) of paragraph 22 in part iv of appendix iv of the bpmc act during and from the period of his appointment as administrator and municipal commissioner for the period of 2 and 1/2 years or the date of the first election whichever is earlier.18. mr. nanavati has further submitted ..... shall also not apply to the present case as under the gujarat municipalities act, dissolution of municipalities can take place under the circumstances contemplated under section 263 of the said act after giving reasonable opportunity of being heard and the said aspect is ..... in its wisdom has not chosen to provide for any opportunity of hearing or observance of principles of natural justice before the issue of a declaration either under section 3 or section 4 of the act, the resident of the area cannot insist on an opportunity of hearing before the area where they are residing is included in another gram sabha or local authority, in this view of the ..... chosen to provide for any opportunity of hearing or observance of principles of natural justice before issue of a declaration either under section 3 or section 4 of the act, the residents of the area cannot insist on an opportunity of hearing before the area where they are residing is included in another gram sabha or local authority ..... english constitutional law that ministers must accept responsibility for every executive .....

Kesavananda Bharati Sripadagalvaru and ors.Vs. State of Kerala and anr ...

Court : Supreme Court of India

Reported in : AIR1973SC1461; (1973)4SCC225; [1973]SuppSCR1

..... of the people, unless sooner dissolved, shall continue for five years from the date appointed for its first meeting and no longer and the expiration of the said period of five years shall operate as a dissolution of the house provided that the said period may, while a proclamation of emergency is in operation, be extended by parliament by law for a period not exceeding one year at a time ..... dissolved, shall continue for five years from the date appointed for its first meeting and no longer and the expiration of the said period of five years shall operate as a dissolution of the house: ...under the proviso this period can be extended while a proclamation of emergency is in operation for a period not exceeding in any case beyond a period of six months ..... countenanced. it is just like the argument that if men and women are given the freedom to choose their vocations in life, they would all jump into a monastery or a nunnery, as the case may be, and prevent the birth of a new generation; or the argument of some political thinkers that if freedom of speech is allowed to those who do ..... from clement's canadian constitution relating to provision of british north america act: but these are statutes and statutes, and the strict construction deemed proper in the case, for example of a penal or taxing statute, or one passed to regulate the affairs of an english parish, would be often subversive of parliament's real intent if applied to an act passed to ensure the peace, order and good government .....

Christopher Karkada, Bangalore and Others Vs. Church of South India, R ...

Court : Karnataka

..... further, he contended that the trial court committed a serious error in holding that the suit is maintainable and the dissolution and the merger of d.32 and d.30 would in any way affect the maintainability of the suit and therefore, he submits in view of the judgment of the apex court in the earlier proceedings, the suit ought to have been rejected as ..... section 6 deals with creation of trust, subject to the provisions of section 5, a trust is created when the author of the trust indicates with reasonable certainty by any words or acts; (a) an intention on his part to create thereby a trust, (b) the purpose of the trust, (c) the beneficiary, and (d) the trust-property and unless the trust is declared by the author of the trust is himself to be the trustee, transfers the ..... in the new international bible dictionary, church is defined as under: church.the english word derives from the greek kuriakos (belonging to the lord), but it stands for another greek word ekklesia (where ecclesiastical), denoting an assembly. ..... moreover, the distinction in this respect between the english law and hindu law is to be kept in mind. ..... the distinction in this respect between english law and hindu law has been thus stated by dr. ..... it is akin to that of a trustee in english law without any legal estate in the property which the english trustee has got. .....

Additional District Magistrate, Jabalpur Vs. Shivakant Shukla

Court : Supreme Court of India

Reported in : AIR1976SC1207; 1976CriLJ945; (1976)2SCC521; [1976]SuppSCR172; 1976(8)LC610(SC)

..... expiration of that period it has been approved by resolution of both houses of parliament :provided that if any such proclamation is issued at a time when the house of the people has been dissolved or the dissolution of the house of the people takes place during the period of two months referred to in sub-clause (c), and if a resolution approving the proclamation has been passed by the council of states, but ..... imprisonment, of expulsion from its territory, and the like, than is either legally claimed or in fact exerted by the government in england : and a study of european polities now and again reminds english readers that wherever there is discretion there is room for arbitrariness, and that in a republic no less than under a monarchy discretionary authority on the part of the government must mean insecurity for legal freedom ..... non-revocation under sub-section (4) of a declaration are based, shall be treated as confidential and shall be deemed to refer to matters of state and to be against the public interest to disclose and save as otherwise provided in this act, on one shall communicate or disclose any such ground, information or material or any document containing such ground, information or material; (b) no person against whom an order of detention is made or purported to be made under section ..... ,161 lord mansfield observed on page 173 :to lay down in an english court of justice that a governor acting, by virtue of letters patent, under the great seal, is accountable only to god .....

Krishna Kumar Singh and Anr Vs. State of Bihar and Ors.

Court : Supreme Court of India

..... the previous sanction of the president for the introduction thereof into the legislature; or (b) he would have deemed it necessary to reserve a bill containing the same provisions for the consideration of the president; or (c) an act of the legislature of the state containing the same provisions would under this constitution have been invalid unless, having been reserved for the consideration of the president, it had received the assent of the president. ..... effect on the expiration of one year after the proclamation has ceased to operate except as respects things done or omitted to be done before the expiration of the said period by the constitution (forty-second amendment) act, 1976 the period of one year was deleted and such law shall continue in force until altered or repealed or amended by a competent legislature or other authority even after the proclamation issued under article 356 of the ..... or non-approval does not revive the legislative assembly which may have been dissolved but we need not deal with this aspect since according to the view expressed by us hereinabove, no such dissolution is permissible before the approval of both the houses). ..... having adverted to these english decisions, the constitution bench held thus : 21 ..in our opinion, what the effect of the expiration of a temporary act would be must depend upon the nature of the right or obligation resulting from the provisions of the temporary act and upon their character whether the said right and liability are .....

Amarinder Singh Vs. Special Committee, Punjab Vidhan Sabha and ors.

Court : Supreme Court of India

..... since legislative privileges have not been codified and are shaped by precedents, the counsel for the respondents have cited some english precedents in support of their contention that privileges can be exercised to punish mala fide acts which do not directly obstruct the proceedings of the house, but impede its dignity nevertheless.10. ..... before addressing the contentious issue, it is necessary to understand the implications of the dissolution of a legislative chamber, since the punjab vidhan sabha had been dissolved and re-constituted during the period between the operative dates, i.e. ..... however, a committee which is unable to complete its work before the dissolution of a house may report to the house to that effect, in which case any preliminary memorandum or note that the committee may have prepared or any evidence that it may have taken is made available to the new committee ..... ilbert in his work on 'parliament' has observed that 'prorogation' means the end of a session (not of parliament)'; and adds that 'like dissolution it kills all bills which have not yet been passed'. ..... in lok sabha, which alone is subject to dissolution under the constitution, dissolution 'passes a sponge over the parliamentary slate'. ..... it has been described by some learned authors that dissolution 'passes a sponge over the parliamentary slate'. ..... coming to judicial observations, the effect of dissolution of a house were discussed by this court in the gujarat assembly election case : (2002) 8 scc 237. v.n. .....

S.R. Bommai and Others Vs. Union of India and Others

Court : Karnataka

Reported in : AIR1990Kant5; ILR1989KAR2425

..... the facts of the case on hand the learned counsel contended that before submitting his report recommending for the dissolution of the assembly the governor acted with desperate haste inasmuch as on admitted facts there was no demonstrable breakdown of the stale government's machinery. ..... the letters given by 19 legislators had circumvented the anti defection legislation, the primary aim of which is to discourage the toppling game by legislators by changing their loyalties, and by acting upon those letters the legislators were permitted, in substance, to play the game of toppling the ruling ministry without incurring the consequences of anti-defection law because, if these legislators had withdrawn their support ..... satisfied the constitutional requirement.the basic judgment on the subject is rajas-than case : [1978]1scr1 (supra) which dealt with several suits and writ petitions filed in the supreme court apprehending dissolution of the state assemblies by the president in exercise of his powers under art. ..... appeals made to the governor and the president, it is said that on the evening of friday the 21sl of april, 1989 the impugned proclamation bringing about dissolution of the assembly and imposing president's rule was published. ..... 361(1) of the constitution not being attracted to situations where the governor under the constitution acts in his discretion and not on the aid and advice of the council of ministers, the governor is immune from any court ..... oxford english dictionary, vol. .....

S. Balasubramanian Vs. State of Tamil Nadu and ors.

Court : Chennai

Reported in : (1995)1MLJ42

..... no jurisdiction to continue or to prosecute the matter referred to the privileges committee by the seventh legislative assembly which came to be dissolved subsequently and according to the petitioner therein with the dissolution of the seventh tamil nadu legislative assembly the proceedings referred to the privileges committee also lapsed and the petitioner therein was absolved of any liability to be proceeded against pursuant to the report ..... the liability was found to be that of the administrators due to their recklessness or unlawful activities, and therefore the executive limb of the state was saddled with the liability for the lapse or act of commission and omission of its officers and therefore this is not a case where any one or more than one individual could be accused of or made answerable to the resolution passed by ..... by the legislature concerned by law, be those of the house and of its members and committees immediately before the coming into force of section 26 of the constitution (forty-fourth amendment) act, 1978 and having regard to the consistent practice, the legislature was holding the view that publications similar to the one in question are not to be construed to mean breach of privilege of the ..... a query and a reply among two of the audience has been printed in tamil which if translated in english reads as hereunder:of the two persons on the stage, who is the m.l.a. ..... resulting from this 'confusion of thought' in the course of english constitutional history. .....

Reliance Natural Resources Ltd. Vs. Reliance Industries Ltd.

Court : Supreme Court of India

Reported in : 2007(Supp.)Bom.C.R.925

..... the court has received a report from the registrar that the affairs of the company have not been conducted in a manner prejudicial to the interests of its members or to public interest:provided further that no order for the dissolution of any transferor company under clause (iv) shall be made by the tribunal unless the official liquidator has, on scrutiny of the books and papers of the company, made a report to the tribunal that the affairs of the ..... company which, under the compromise or arrangement, are to be allotted or appropriated by that company to or for any person;(iii) the continuation by or against the transferee company of any legal proceedings pending by or against any transferor company;(iv) the dissolution, without winding up, of any transferor company;(v) the provision to be made for any persons who, within such time and in such manner as the court directs dissent from the compromise or arrangement; and(vi) such incidental, ..... is a thinly disguised attempt to reopen the scheme after it has been fully implemented in a manner that is completely inconsistent not only with the demerger of the businesses but the provisions of section 392 of the companies act, 1956.c) that none of the heads of so-called agreement are a part of the scheme as proposed by the board of directors of ril and approved by the creditors and general body of shareholders. ..... according to him, section 392 of the act had no predecessors either in english law or in the companies act of 1913 .....