Judgment Search Results Home > Cases Phrase: raipur and khattra laws act 1879 Court: us supreme court Page 1 of about 2,365 results (0.105 seconds)

Oklahoma Vs. Texas

Court : US Supreme Court

..... of the meridian had not been left in doubt by the two governments, that the united states had erected a monument at the point where it intersected the parallel of 36 degrees 30 minutes, and texas had by its legislation often recognized the true meridian to be as located by the united states, that the two governments had, by official action, declared that the meridian was located on ..... of longitude one hundred west" designated in the treaty of 1819, "referred to the true one hundredth meridian astronomically located," and that "the true intersection of this meridian" with the south fork of red river had not been fixed by the united states and texas, acting together, nor "by the decree in said cause," the secretary of the interior was directed to cause "the intersection of the ..... mind first, that the red river forks about sixty miles east of the strip of land now in dispute, the south fork passing along its southern end, and the north fork crossing it about forty miles to the north, and, secondly, that, on melish's map of the united states, the 100th meridian was erroneously shown as crossing the red river more than one hundred miles east ..... the parties have stipulated that: "the united states, the territory of oklahoma, and the state of oklahoma, in succession, have continuously enforced their laws, civil and criminal, over the strip here in dispute ever since the decision in the greer ..... [ footnote 17 ] in 1879, congress passed an act creating the northern judicial district of the state .....

Bajri Lease Lol Holders Welfare Society Through Its President Vs. The ...

Court : Supreme Court of India

..... khatedari leases located within 5 kms from the river bank as well as leases where violation of the 6 | pag e lease conditions including misuse of e-ravannas are detected are terminated forthwith and the state government shall not issue fresh khatedari leases except for palaeo deposits in the district of binaker without the approval of this hon ble court. b. ..... in spite of the order passed by this court on 16.11.2017 that no river sand shall be permitted unless a scientific replenishment study is completed and ec is granted, 194 mining leases of khatedari lands have been granted in the state of rajasthan, with most of these lands being in close proximity of the river banks ..... by the said amendment, the time period of one year for fulfilment of the conditions of the lois, including execution and registration of mining lease, was extended to 13 months from the date of commencement of the 2017 rules, failing which the rights of the applicants ..... shall arrange for scrutiny of the dsr prepared as provided in moef&cc guidelines of 2016 and 2020 and the production figures approved in the 7 | pag e dsr are scrupulously followed by the authorities under the ep act 1986 while issuing the ec. f. ..... governments and union territories were also directed to frame necessary rules under section 15 of the mines and minerals (development and regulation) act, 1957 ( mmdr act ). ..... of the mmdr act empowers the state governments to make rules for preventing illegal mining, transportation and storage of minerals. .....

Amish Devgan Vs. Union Of India

Court : Supreme Court of India

..... the unity and integrity of the nation cannot be overlooked and slighted, as the acts that promote or are likely to promote divisiveness, alienation and schematism do directly and indirectly impinge on the diversity and pluralism, and when they are with the objective and intent to cause public disorder or to demean dignity of the targeted groups, they have to be dealt with as per law. ..... its implications are deeper and it affects the even tempo of life and public order is jeopardized because the repercussions of the act embrace large sections of the community and incite them to make further breaches of the law and order and to subvert the public order. ..... we would interpret the words public tranquillity in clause (b) would mean ordre publique a french term that means absence of insurrection, riot, turbulence or crimes of violence and would also include all acts which will endanger the security of the state, but not acts which disturb only serenity, and are covered by the third and widest circle of law and order. ..... further, disloyalty to the government by law and comments even in strong terms on the measures or acts of the government so as to ameliorate the condition of the people or to secure cancellation or alteration of those actions or measures by lawful means, without exciting of those feelings of enmity and disloyalty which imply excitement to public disorder or use of force, is not an offence. .....

Nielsen Vs. California

Court : US Supreme Court

..... where two states have concurrent jurisdiction over the same territory which is partly located in one state and partly in the other, one state cannot prosecute a person for an act malum prohibitum by its own laws, and which was committed in territory within the other state by authority of the latter, and so held that one holding a purse net license from the state of washington cannot be prosecuted for using such net on the washington side of the columbia ..... 172, all that part of the territory of oregon lying north of the "main channel of the columbia river" was organized into the territory of washington, and by 21 of the same act, it is provided "that the territory of oregon and the territory of washington shall have concurrent jurisdiction over all offense committed on the columbia river, where said river forms a common boundary between said territories. ..... where two states have concurrent jurisdiction, the one first acquiring jurisdiction may prosecute and punish for an act which is malum in se and punishable by the laws of both states, and the judgment is a finality, so that the person prosecuted cannot be again tried in either state. ..... where an act is malum in se, prohibited and punishable by the laws of both states, the one first acquiring jurisdiction of the person may prosecute the offense, and its judgment is a finality in both states, so that one convicted or acquitted in the courts of the one state cannot be prosecuted for the same offense in the courts of the other. .....

Polyflex (India) Pvt. Ltd. Vs. Commissioner of Income Tax, Karnataka

Court : Supreme Court of India

Reported in : AIR2002SC3145; (2002)177CTR(SC)93; [2002]257ITR343(SC); JT2002(6)SC528; 2002(6)SCALE231; (2002)7SCC188; [2002]SUPP2SCR123; 2003TAXLR95; [2002]124TAXMAN373(SC)

..... on a reference application filed by the commissioner of income tax thetribunal referred the following question of law for the opinion of the high court of karnataka:'whether on the facts and in the circumstances of the case the tribunal is right in law in holding that excise duty refund is not assessable under section 41(1) of the i.t. ..... once the assessee gets back the amount which was claimed and allowed as business expenditure during the earlier year, the deeming provision in section 41(1) of the act comes into play and it is not necessary that the revenue should await the verdict of higher court or tribunal. ..... '(emphasis supplied)though there is no elaborate discussion as regards applicability of section 41 (1) of the act the court did refer to and rely on that provision in support of its conclusion.5. ..... this court, while affirming the view taken by the high court, observed thus :'so far as the second question is concerned, it is obvious that the liability to tax under section 41 of the act will depend on the outcome of the appeal before this court. ..... it was therefore held that the refunded amount became includible in the assessee's total income for the assessment year 1976-1977 under section 41(1) of the act, but not for the assessment year 1974-1975. ..... in coming to the conclusion that the excise duty refunded was liable to be taxed under section 41(1) of the act, the high court relied on the decision of this court in c.i.t. v. .....

Sri Indra Das Vs. State of Assam

Court : Supreme Court of India

..... in the supreme court when the question came up as to the constitutional validity of the section, the court differing from the privy council adopted the construction placed by the federal court and held that on a correct construction, the provisions of the section are limited in their application "to acts involving intention or tendency to create disorder or disturbance of law and order or incitement to violence; and one of the reasons for adopting this construction was to avoid the result of unconstitutionality in view of articles ..... "if, on the other hand, we were to hold that even without any tendency to disorder or intention to create disturbance of law and order, by the use of words written or spoken which merely create disaffection or feelings of enmity against the government, the offence of sedition is complete, then such an interpretation of the sections would make them unconstitutional in view of article 19(1)(a) ..... municipal corporation air 1993 sc 844 section 123 of the punjab municipal corporation act, 1976 which empowered the corporation to levy octroi on articles and animals `imported into the city' was read down to mean articles and animals `imported into the municipal limits for purposes of consumption, use or sale' only, as a wide construction would have made the provision unconstitutional being in excess of the power of the state legislature conferred by entry 52 of list ii of .....

M/S. Shri Sitaram Sugar Co. Ltd. and Another Vs. Union of India and Ot ...

Court : Supreme Court of India

Reported in : AIR1990SC1277; (1990)2CompLJ18(SC); JT1990(1)SC462; 1990(1)SCALE475; (1990)3SCC223; [1990]1SCR909

..... scr 311, this court states:.even if (the statutory order) is passed in good faith and with the best of intention to further the purpose of the legislation which confers the powers, since the authority has to act in accordance with and within the limits of that legislation, its order can also be challenged if it is beyond those limits or is passed on grounds extraneous to the legislation or if there are no grounds at all for passing it or if the ..... the true position, therefore, is that any act of the repository of power, whether legislative or administrative or quasi-judicial, is open to challenge if it is in conflict with the constitution or the governing act or the general principles of the law of the land or it is so arbitrary or unreasonable that no fair minded ..... the purpose of judicial review is to ensure that the individual receives fair treatment, and not to ensure that the authority, after according fair treatment, reaches on a matter which it is authorised by law to decide for itself a conclusion which is correct in the eyes of the court.in the same case lord brightman says:judicial review, as the words imply, is not an appeal from a decision, but a review ..... legislative or administrative or quasi-judicial, or, whether it is a determination or law or fact, the judgment of the expert body, entrusted with power, is generally treated as final and the judicial function is exhausted when it is found to have 'warrant in the record' and a rational basis in law: see rochester tel. .....

Omar Salay Mohamed Sait Vs. Commissioner of Income-tax, Madras

Court : Supreme Court of India

Reported in : AIR1959SC1238; [1959]37ITR151(SC)

..... during her absence from ranavav as she went to madurai for a short period, that she thereafter changed her mind about coming back to ranavav on account of communal troubles and sent the appellant who was the son- in-law of her daughter to dispose of all the furniture and valuables lying in the house, that he was present at the time of the removal of valuables from an 'old treasure' which was in the house, that he also witnessed the ..... a court of fact arrives at its decision by considering material which is irrelevant to the enquiry, or acts on material partly relevant and partly irrelevant, where it is impossible to say to what extent the mind of the court was affected by the irrelevant material used by it in arriving at its decision, a question of law arises : whether the finding of the court of fact is not vitiated by reason of its having relied upon conjectures, surmises and suspicions not supported by any evidence on record or party upon evidence ..... 's wife at the time of her marriage in 1933, that she did not giver her own jewels and sovereigns at the time of the appellant's marriage but only his mother-in-law's jewels, that she retained her own jewels and sovereigns and those were sold recently, that it was this subsequent sale that had been referred to in the affidavit dated february 24, 1949, and that neither of the statements made by her, one made on november 18, 1941 .....

M/s Dakshin Gujarat Vij Company Limited Through Additional Chief Engin ...

Court : Supreme Court of India

..... supplied with electricity for his own use by a licensee or the government or by any other person engaged in the business of supplying electricity to the public under this act or any other law for the time being in force and includes any person whose premises are for the time being connected for the purpose of receiving electricity with the works of a licensee, the government or such other person ..... observe that suppose there are ten (10) captive users who avail open access for captive use under section 9 of the act at the start of the financial year, and in the event three (3) of such captive users stops sourcing captive power after six months, and instead three new captive users are introduced within the captive structure by subscribing equity shareholding with voting rights immediately thereafter, ..... the very concept of the intendment of the enactment by insisting on certain mandatory conditions to be fulfilled in order to make the enactment workable: (3) it may be so embedded in the act itself as to become an integral part of the enactment and thus acquire the tenor and colour of the substantive enactment itself; and (4) it may be used merely to act as an optional addenda to the enactment with the sole object of explaining the real intendment of the statutory provision. ..... the hon'ble supreme court has time and again held that courts cannot rewrite or recast legislation, they should not act as law makers where there is no ambiguity in the language in a piece of legislation then such .....

Bhau Ram Vs. B. Baijnath Singh

Court : Supreme Court of India

Reported in : AIR1962SC1476; [1962]Supp3SCR724

..... of the right created under the code, we have no hesitation in coming to the conclusion that this right is in reality in favour of a co-sharer strictly so-called or some one who is akin to a co-sharer, and the reasons which we have already indicated when dealing with the punjab act relating to co-sharers will apply with full force to the right created under the code with this addition that this being agricultural land there will be further advantage ..... sovani appearing for the respondents said that under the berar code of 1928 and under the previous land laws which it replaced, an occupant is one who obtains land from the government on the terms mentioned in the code and that it is only against such an occupant that a right of pre-emption is created by that ..... far the argument of consolidation can be availed of now when we find that in most states laws are being passed which are putting ceilings on agricultural holdings is a matter which it is unnecessary to consider in the present case, for the rewa act applies not only to agricultural holdings but also to burn property including house property. ..... such division of society now into groups and exclusion of strangers from any locality cannot be considered reasonable, and the main reason therefore which sustained the law of pre-emption based on vicinage in previous times can have no force now and the law must be held to impose an unreasonable restriction on the right to acquire, hold and dispose of property as now guaranteed under art .....