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In Re Problems And Miseries Of Migrant Labourers

Court : Supreme Court of India

..... directions already issued by our order dated 28.05.2020 and measures as directed above, issue following further directions to the central government, all states and union territories: (1) all the states/union territories shall take all necessary steps regarding identification of stranded migrant workers in their state which are willing to return to their native places and take steps for their return journey by train/bus which process may be completed within a period of 15 days from ..... when a migrant labour reaches to a particular state for work/employment and is covered by national food security act scheme, the receiving state is under duty to ensure that his rights and entitlement under national food security act is not denied merely because of the fact that he is not in his native state from where he was issued the ration card under national food security act ..... there has been the migrant workers working at several places including nct delhi, state of maharashtra, state of gujarat, state of karnataka, who again started proceeding to their native places fearing the same situation which occurred in first nationwide lockdown, which was imposed in march, 2020. an ..... from the affidavits, which have been filed by the states, it is clear that in most of the states, the stranded migrant labourers, who wanted to go to their native places during the second wave of the pandemic have been facilitated by the concerned state government as per our directions issued from time to time in this writ .....

Queen Empress Vs. A. Morton and Mooeteza Ali

Court : Mumbai

Reported in : (1885)ILR9Bom288

..... to criminal procedure for the time being in force in british india shall, subject as to procedure to such notification as the governor-general in council from time to time directs,' extend to , all british subjects, european and native, in native states that act has been repealed by the extradition act xxi of 1879, but section 8 of this pater act is to the same effect ..... . giving the high court of bombay original and appellate criminal jurisdiction over european british subjects of her majesty being christiana resident in the native states, territories, and chiefships mentioned in a list appended to the notification, and in that list we find the hyderabad assigned districts and also hyderabad ..... , that the law relating to offences and to criminal procedure for the time being in force in british india shall, subject as to procedure to modifications by the governor-general in council, extend to all european british subjects in allied states and to all native indian subjects of her majesty in any place beyond british india.5. the matter then stands thus: colonel dobbs is a justice of the peace, and by section 6 of act xi of 1872 and section 6 of act xxi of ..... , ordered that original and appellate criminal jurisdiction over european british subjects of her majesty, being christians resident in the native states and territories named in the order, should be exercised by the high court of bombay, and hyderabad, in which colonel dobb's court is held, is one of the territories .....

Ryots of Garabandho Vs. Zemindar of Parlakimedi

Court : Mumbai

Reported in : (1945)47BOMLR525

..... 2 of the act of 1800 authorised his majesty by charter to establish at madras a supreme court :with full power to exercise such civil, criminal, admiralty, and ecclesiastical jurisdictions, both as to natives and british subjects, and to be invested with such powers and authorities.and subject to the same limitations, restrictions, and control...within the said town of madras.and within the territories which now are ..... a court of oyer and terminer and gaol delivery for the town and factories subordinate thereto : the latter gave it jurisdiction to try british subjects for crimes committed anywhere in the province or in any native state in alliance with the government of madras. ..... 221):-then as to the question of law, nothing could be found in the acts which empowered the court to assume any authority over a native, who was not in law an inhabitant of calcutta or the factory of fort william or their local limits..the charter did not, and could not confer a more extensive jurisdiction than the act of ..... if that be not stated, so as to appear to the court, a plea to the jurisdiction fails, and the jurisdiction remains.but it is different here, because, though co-ordinate in its nature with those courts, so far as its jurisdiction attaches, the jurisdiction of this court is limited with regard to persons, not being british subject, generally speaking, it is restricted with regard to the natives (whether wisely or not is not for us to consider) to the inhabitants of madras, and the plea .....

Dhanwanti Joshi Vs. Madhav Unde

Court : Supreme Court of India

Reported in : 1997(6)ALT12(SC); 1998(1)BLJR743; I(1998)DMC1SC; JT1997(8)SC720; 1997(6)SCALE624; (1998)1SCC112; [1997]Supp5SCR30; 1998(1)LC47(SC)

..... the child has been removed is moved promptly and quickly, for in that event, the judge may well be persuaded that it would be better for the child that those merits should be investigated in a court in his native country on the expectation that an early decision in the native country could be in the interests of the child before the child could develop roots in the country to which he had been removed. ..... the summary jurisdiction to return the child is invoked, for example, if the child had been removed from its native land and removed to another country where, maybe, his native language is not spoken, or the child gets divorced from the social customs and contacts to which he has been accustomed, or if its education in his native land is interrupted and the child is being subjected to a foreign system of education, -- for these are all acts which could ..... that the child be sent back to usa to the mother not only because of the principle of comity but also because, on facts, -- which were independently considered -- it was in the interests of the child to be sent back to the native state. ..... under the convention, any child below 16 years who had been 'wrongfully' removed or retained in another contracting state, could be returned back to the country from which the child had been removed, by application to a central authority. .....

Ryots of Garabandho and Other Villages Vs. Zemindar of Parlakimedi and ...

Court : Privy Council

..... court of oyer and terminer and gaol delivery for the town and factories subordinate thereto: the latter gave it jurisdiction to try british subjects for crimes committed anywhere in the province or in any native state in alliance with the government of madras. ..... the preamble to the charter act of 1813 which continued to the company its territorial acquisitions and rights for a further period, expressly stated that this was expedient without prejudice to the undoubted sovereignty of the crown of the united kingdom of great britain and ireland in ..... the factories dependent on the government of madras: it is empowered to hear all actions and suits against them arising in any territory which should then or thereafter be dependent on that government or within that of any native indian prince in alliance with that government; also against any person employed by the company or by any british subject. ..... civil and criminal justice had in many parts of the province continued much as it had been under the native rulers-there being a concentration of authority in the hands of the collector of the district who took the place and exercise the same wide powers as the ..... of such local limits who is personally subject to the civil and criminal jurisdiction of the supreme court; that the supreme court has no power or authority to issue a writ of habeas corpus to the gaoler or officer of a native court as such officer, the supreme court having no power to discharge persons imprisoned under the authority .....

Dr. V. Ravi Chandran Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : 2009(14)SCALE27; 2009(10)LC5099(SC)

..... and having had the benefit of the view expressed on behalf of the official solicitor) that they would come to no harm if the father took them back to the united states; and that this was so, even though it might subsequently turn out, after all the merits of the case had been thoroughly thrashed out in the court in new ..... no case had been referred to which established the proposition that, where the facts were such as he found them to exist in the case, the salient features of which have been stated, a parent by the simple expedient of taking the child with him across the border into ontario for the sole purpose of avoiding obedience to the judgment of the court, whose ..... for modification of custody filed by the petitioner and the petition for enforcement filed by him and upon the petition for enforcement filed by respondent no.6 before the family court of the state of new york, on june 18, 2007, upon the consent of both parties, inter - alia, the following order came to be passed: ordered, the parties shall share joint ..... into by the courts in india and it would be in accord with principles of comity as well as on facts to return the child back to the united states of america from where he has been removed and enable the parties to establish the case before the courts in the native state of the child, i.e ..... of the principle of comity but also because, on facts, -- which were independently considered -- it was in the interests of the child to be sent back to the native state .....

Kumardhubi Fire Clay and Silica Works Ltd. and Hindustan Copper Limite ...

Court : Kolkata

Reported in : 84CWN610,[1980]123ITR899(Cal)

..... most gold ores are native ores, and silver, mercury, platinum, and lately other metals are also found in the native state. ..... thus, deposits containing workable amounts of lead, zinc, tin or copper minerals are ore deposits, whereas those containing commercial amounts of flourspar, gypsum or native sulphur are not strictly ore deposits for they do not yield a metal or metals. ..... page 1 :'an ore deposit may be defined as a body of rock which contains metallic compounds or native metals in sufficient quantities and in such a form as to be of economic importance, that is to say, from which one or more metals can be profitably extracted. ..... in the case of the so-called 'native' ores, the metal is in the metallic state, not in chemical combination, but is mixed with other minerals which usually are of no value as they occur in the mixture. ..... the metals may be present as native elements, or, more commonly, as oxides, sulfides, sulfates, silicates or other compounds. ' 5. ..... the ore minerals occur as native metal, of which gold and platinum are examples, or as combinations of the metals with sulphur, arsenic, oxygen, silicon, or other elements. ..... it has been stated already that the revenue has adopted the popular definition of the term 'ore'. ..... as stated already, the learned judge discharged the rules. .....

Emperor Vs. Narayan Mudlagiri Mahale

Court : Mumbai

Reported in : (1935)37BOMLR885; 159Ind.Cas.923

..... 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-(a) to all european british subjects in the dominions of princes and states in india in alliance with her majesty; and(b) to all native indian subjects of her majesty in any place beyond the limits of british india.this section deals with the subject-matter of section 4 of the indian penal code as it now exists, though the ..... uptil that date the section had applied only to government servants, but the amended section comprised also the two classes of persons covered by section 8 of the foreign jurisdiction and extradition act, 1879, namely, native indian subjects in any place beyond british india, and british subjects within native states.3. ..... 147, where it was held before the amendment to section 4 of the indian penal code, that native indian subjects who committed in portuguese territory acts which would have amounted to criminal breach of trust if committed in british india could be prosecuted under section 188 of the criminal procedure code of 1882 at the place in british ..... so far as material for the present purpose, what the section enacts is that when a native indian subject of her majesty commits an offence at any place without and beyond the limits of british india, he may be dealt with in respect of such offence as if it had been committed at any place within british india at which he .....

In Re: C.G. Menon and anr.

Court : Chennai

Reported in : AIR1953Mad729; (1953)IIMLJ61

..... of repetition, it may be recalled that part ii of the act is applicable only to the part of india which was known prior to the attainment of independence as british india & which now constitutes part a states & that the native states which now constitute part b states under the constitution, did not come within the purview of the act. ..... this group of foreign states as 'treaty states', for my present purposes it should, however, be noted that section 23, extradition act of 1870 specifically saved the treaties for the extradition of criminals, which the governor-general of india entered into with the indian native states or with other asiatic states coterminous with british india. ..... ' that included what were known as the indian native states, and states to which chapter 2, indian extradition act including section 3 thereof did ..... of a fugitive offender is sought from any of the part of an a state what was designed comprehensively as british india prior to the establishment of india as a sovereign republic, the procedure applicable is that prescribed in part ii of the act, while if a demand for surrender of an offender is made to any native state now included in the list of part b states a different procedure namely the. ..... india was concerned, extradition between her and other countries mentioned in the order in council was regulated by the provisions of part ii of the act, while the other part of the country which consisted of native states was governed by the indian extradition act. 49. .....

In Re: K.R.P.L. Chockalingam Chettiar

Court : Chennai

Reported in : 1960CriLJ1625

..... ) runs as follows: nothing in this act shall affect the lawful powers of her majesty or of the governor general of india (a) (or, as the case may be, of the government of burma) (b)...to make treaties for the extradition of criminals with indian native states, or with other asiatic states conterminous with british india, (or with burma) (a) or to carry into execution the provisions of any such treaties made either before or after the passing of this act. ..... in the second' place, the surrender of an accused or convicted" person may be sought by a native state in india or by a neighbouring asiatic state, in pursuance of the terms of a treaty or friendly understanding to which the government of india is a party; and in such a case, it is desirable and sufficient that the procedure prescribed should be both simple and expeditious. ..... ill was enacted, having the special case of the native states also in mind, and, undoubtedly, the very statement of "objects and reasons'' (printed " at page 1073 of the criminal court manual (central acts, 8th edn. ..... ill was of restricted scope, in intendment, and that it was to apply only to the native states, as they then were, a class not falling either within the group of dominions or "foreign states" as defined in the act. ..... iii was of restricted application to native states alone, in the days prior to the attainment of independence. ..... it is urged that, since section 7 refers to a warrant to be issued by a political agent, the native states were meant. .....