Judgment Search Results Home > Cases Phrase: sarais act 1867 Page 11 of about 369,287 results (0.247 seconds)

Vidya Sagar Vs. Mam Chand and ors.

Court : Punjab and Haryana

Reported in : (2010)157PLR354

..... , volume-i, paragraph 263 laying down as under: 'fraud indeed, in the sense of a court of equity, properly includes all acts, omissions, and concealments which involve a breach of legal or equitable duty, trust, or confidence, justly reposed, and are injurious to another, or by which an undue and unconscientious advantage is ..... sarin, learned senior counsel appearing on behalf of the petitioner referred to article 123 of the limitation act to contend that the limitation for moving an application for setting aside ex parte decree is 30 days from the date of passing of decree, and in case the party is not served then 30 days from the ..... 6 had full knowledge of ex parte decree dated 31.3.1980 but due to their own acts of negligence failed to put up defence or apply for setting aside of ex parte decree ..... expression knowledge of the decree in article 164 means knowledge not of a decree but of the particular decree which is sought: to be set aside, certain and clear perception of the act that the particular decree had been passed against him. ..... the signature of the plaintiff as well as of the applicant/defendants and as such the ex parte order and ex parte decree is an act of fraud and misrepresentation and is liable to beset aside.6. ..... the fraudulent acts can be recalled by suo motu exercise ..... 1867 ..... 7 acting on his own and alleging himself to be the guardian of the petitioner who was minor at that time sold the entire piece of land measuring 152 kanals 4 marlas and an area of 40 kanals owned by .....

The King Emperor Vs. Musa and anr.

Court : Chennai

Reported in : (1917)ILR40Mad556

..... now pronounced by my learned brother though i add a few observations on the points raised in the case and especially with reference to the character of an ordinary hindu temple; section 3 clause (10) of the madras towns nuisances act iii, of 1889 provides penalties for 'gaming with cards, dice, counters, money or other instruments of gaming in any public street, road, thoroughfare or place of public resort.'7. ..... but those proceedings were under bengal act ii of 1867, by section 10 of which games of mere skill are excepted from the general prohibition; and it is therefore unnecessary to consider the validity of the further distinction drawn in ram newaz ..... 708 and similar cases, they seem to turn upon the language of acts from the operation of whose provisions games of 'mere skill' are ..... the accused have been acquitted on a charge of an offence punishable under section 3(10), act iii of 1889, because the lower court was not satisfied on two points, that (1) the game was a game of chance, not skill and (2) it was being played in a place of public ..... the nature of the place, where the game in dispute was carried on, that is, whether it was a place of public resort, that phrase occurs also in the madras city police act iii of 1888 and it was held in crown prosecutor v. ..... no doubt wharton's law lexicon defines 'gaming' as the act or practice of playing and following any game, particularly those of chance; and in the indian cases already referred to and in english cases decided under 36 and .....

Debnarayan Dutt Vs. Chunilal Ghose

Court : Kolkata

Reported in : (1914)ILR41Cal137

..... we are clearly of opinion that there was no novation within the meaning of section 62 of the contract act--no substitution of a new contract for an old contract--and the question to be decided la whether or not the plaintiff is entitled to sue on that registered instrument of the 18th of august, 1903, whereby defendant no. ..... and it has been laid down by sir barnes peacock in a full bench decision of this court in relation to courts in the mofussil [rumbux chittangeo's case (1867) b.l.r. ..... here we have a definition of consideration which is wider than the requirement of the english law: [section 2(d) of the contract act]. .....

Patterson Vs. Manly

Court : Kolkata

Reported in : (1881)ILR7Cal394

..... , 101), has been cited, in which the privy council seem to have laid down, that when, by an act of law, there has been an alienation from a mortgagor to a third person, the limitation law applicable between mortgagor and mortgagee ceases to apply, and the ordinary limitation thenceforward applies. ..... verplough, robert manly was allowed to remain in possession of the house, and was ostensibly in possession of it up to his death in 1867. ..... that seems to have been decided under the limitation act of 1859. .....

Gian Singh Vs. Parkash Ram and Others

Court : Punjab and Haryana

..... , volume 1, paragraph 263: "fraud indeed, in the sense of a court of equity, properly includes all acts, omissions, and concealments which involve a breach of legal or equitable duty, trust, or confidence, justly reposed, and are injurious to another, or by which an undue and unconscientious advantage is taken of another." 23 ..... contention can only be allowed to be raised within the purview of section 5 of the limitation act which inter-alia requires that sufficient cause should be shown for not preferring the appeal within the prescribed period of limitation ..... the rigor of sub-section (1) of section 3 of the limitation act has to operate, if the appeal is not filed within the prescribed period of limitation ..... the suit was accordingly held to be maintainable and the plaintiffs were not estopped byany act of theirs from filing the said suit. ..... whether the plaintiffs are estopped by their act and conduct to file the present suit?opd 6 ..... state of kerala and another (2006) 7 supreme court cases 416 and it has been held that fruits of the litigation arising out of such fraudulent acts are not to go to the parties. ..... (1994) 1 supreme court cases 1 has held that fraud goes to the root of the matter and all such acts are liable to be set aside. ..... section (1) of section 3 of the limitation' act reads as under: 3(1) bar of limitation. ..... section 3 of the limitation act makes it obligatory for the court to consider the question of limitation, notwithstanding any defence by the other ..... ward [1867 (3) l.r .....

Public Lands Council Vs. Babbitt

Court : US Supreme Court

..... and the secretary has always had the statutory authority under the taylor act and later flpma to reclassify and withdraw rangeland from grazing use, see 43 ..... (1983), an agency that departs from its previous rules will be found to have acted arbitrarily and capriciously if it fails "to supply a reasoned analysis for the change .... ..... 745 b the ranchers' second challenge focuses upon a provision of the taylor act that limits issuance of permits to "settlers, residents, and other stock owners .... " 43 ..... part ii-a, the court holds that the secretary did not exceed his authority under the taylor grazing act by promulgating the new "grazing preference" and "permitted use" rules. ..... their attack relies upon the 740 provision in the taylor act stating that "grazing privileges recognized and acknowledged shall be adequately safeguarded .... " 43 ..... first, 315b's words "so far as consistent with the purposes" of the act and "issuance of a permit" creates no "right, title, interest, or estate" make clear that the ranchers' interest in permit stability is not absolute and that the secretary is free reasonably to determine just how, and ..... argued march 1, 2000-decided may 15,2000 the taylor grazing act, inter alia, grants the secretary of the interior authority to divide the public rangelands into grazing districts, to specify the amount of grazing permitted in each district, and to issue grazing leases or permits to "settlers, ..... a new era began in 1867 with the first successful long drive of cattle .....

Auseri Lal Vs. Raja Maneshar Bakhsh

Court : Mumbai

Reported in : (1906)8BOMLR491

..... in the year 1886 the respondent, being then largely involved in debt, was, on his own application, declared by the chief commissioner of oudh a disqualified proprietor under the provisions of the oudh land revenue act, 1876, and his property was placed under the charge of the court of wards on the 12th august in that year. ..... their lordships think that there is no necessary implication of a prohibition to contract personal obligations, and they are not entitled to read into the act a curtailment of the proprietor's personal rights which they do not find there.7. ..... he held that the amended section 16 of the indian contract act did not apply to the case, but on a mistaken view of certain english authorities he was of opinion that wherever a transaction or contract appears to a court of equity to be a 'hard bargain' it cannot be enforced in its ' ..... other words, the respondent's consent to the transactions was caused by undue influence within the meaning of the amended section 16 of the indian contract act, and the transaction was therefore voidable. ..... defence is first that the respondent being at the date of the bond, a disqualified proprietor had no power under the act to borrow money without the sanction of the court of wards, and, secondly, that the bargain was an unconscionable one, and procured by the exercise of undue influence within the meaning of section 16 of the indian contract act, 1872, as amended by section 2 of act vi, of 1899.5. ..... thakooranee rutta koer (1867) 11 m.i.a. .....

Muhammad Ewaz Ali Khan Vs. Maheshar Parshad and ors.

Court : Allahabad

Reported in : (1909)ILR31All394

..... thing was a compromise, and more or less of an anomaly, and though the financial commissioner gave him a valuable right, he could not, in the face of his own declaratoin that the provisions of the sub-settlement act had not been complied with, and that the plaintiff was 'in no way entitled to sub-settlement' which would restore him, under the rules, to proprietary possession, and make the taluqdar 'a mere recipient of a malikana ..... his forefathers have been in sub-proprietary possession, and that plaintiff is entitled to a decree for sub-settlement, and further, appellant's agent expressed his willingness to come to terms.the provisions of the sub-settlement act have not been complied with, but as the special appellant's agent is willing to compromise the suit, there need be no further difficulty in disposing of the case. ..... shukuls, however, instituted a suit in the court of the deputy commissioner of sultanpur, under section 108(8) of the oudh rent act, 1886, in which they prayed that the above-mentioned notice of ejectment might be cancelled. ..... on the 17th january 1867, judgment was delivered and the case was ordered to be remanded to the settlement court for re-investigation under the new rules on the ground that it did not appear from the judgments of the lower ..... and the history of the act together with its provisions, and the rules attached to it, show that the object and purpose with which it was passed were to revise and correct what had been hastily and imperfectly, or loosely .....

Union of India (Uoi) Vs. Ram Nath and Co. and ors.

Court : Allahabad

Reported in : AIR1974All296

..... basis of this concession made by the union of india, based its findings that the arbitrators had become functus officio on 2nd of july and/or after 15th of july 1972, and thereafter they had no authority to act as such in the case without the order of the court, assuming that the arbitrators had not entered into reference in that case the provisions of section 28 would not be attracted because there will be no failure ..... attention was drawn to paragraph 11 of this case where it has been held that on a proper interpretation of rule 3 the legal position may be formulated thus: (a) notice to act may be given before or after the arbitrators entered upon the reference, (b) if notice to act is given before they entered upon the reference, the four months would be computed from the date they entered upon the reference. ..... urged that the umpire had not entered into reference nor there was any application as contemplated by section 28 of the arbitration act for extension of time of the umpire and, therefore, the order passed by the court below was without jurisdiction.12. ..... application under section 151, civil procedure code read with paragraph 4 of schedules i and ii of the arbitration act, 1940, to restrain the arbitrators from proceeding with the arbitration and to make and publish the award. ..... stephens, (1867) 2 qb 523 it was decided that 'entering upon the reference' means 'not when an arbitrator accepts the office, or takes upon himself the duty, but when he actually enters upon the matter .....

Godha Singh Jabra Singh Vs. District Magistrate, Ferozepore and anr.

Court : Punjab and Haryana

Reported in : AIR1956P& H33; 1956CriLJ105

..... state of bihar', air 1954 pat 299 (c), where the notice which was given under section 18, arms act, did not mention any ground which could fall under the words 'for the security of the public peace'.6. ..... he was also found convicted in a case under section 13 of act 3 of 1867 (the public gambling act). ..... ', air 1954 cal 157 (b), has relied on the judgment of the allahabad high court and set aside an order for the cancellation of a licence on the ground that the necessary conditions prescribed under section 18, arms act had not been satisfied and that no order in writing had been made by the commissioner of police. ..... where a person, whether he is a military officer, a police officer or any other person whose duty it is to act in matters 'of discipline, is exercising disciplinary powers, it is most undesirable, in my opinion, that he should be fettered by threats of orders of 'certiorari' and so forth, because that would interfere with the free and proper disciplinary exercise of the powers that it ..... his licence was cancelled under s, 18, arms act and he assails that order on several grounds given in para 6 of his petition.3. ..... although the words in that act which were being interpreted by a divisional court in england in -- 'regina v. ..... he owns about a hundred 'shumaons' of land and was granted a licence for a revolver in about 1947 and he claims that he has not been convicted of any offence under the arms act or any rules made thereunder. .....