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Sac and Fox Indians Vs. Sac and Fox Indians

Court : US Supreme Court

..... " the claims made are (1) for annuities between 1855 and 1866, both inclusive; (2) for the difference between the sums paid and those alleged to have been due from 1867 to 1884; (3) for a similar difference from 1884 to date; (4) for a sum alleged to be due for pay of the plaintiffs' chiefs; (5) for the plaintiffs' share of the proceeds of tribal lands disposed of under a treaty ..... but, in so finding, the court disregarded, as i have already said, evidence which the jurisdictional act and the stipulations of the contending indians made competent, and such evidence, though not strong, established that the claimant indians ..... creates no new right beyond excluding the effect of the lapse of time, and, perhaps, the defense of res judicata and satisfaction under the acts of 1895 and 1869; it makes no admission, but simply provides for a trial on the merits. ..... 876, 903, directed the secretary of the interior to ascertain whether, under any treaties or acts of congress, any amount was justly due to them from the members of the tribe in oklahoma by reason of any ..... act of 1884 no more created individual rights than did the act of 1852 and 1867. ..... to the word "original," we may compare the proviso in the act of march 2, 1867, stated above. ..... this time, up to 1867, annuities were paid subject to the act of august 30, 1852, c ..... the acts of 1852 and 1867 did not shift the treaty rights from the tribe to the members, create new rights, or enlarge ..... -following indian appropriation act of march 2, 1867, c. .....

Times Publishing House Ltd. Vs. the Financial Times Ltd.

Court : Karnataka

Reported in : ILR1994KAR2068; 1995(1)KarLJ219

..... of trade marks, from registering any purported trade marks of foreign newspaper which are already registered with the registrar of newspapers, under section 6 of the prb act 1867; (ii) to issue a writ of mandamus directing the registrar of trade marks to strictly comply and not to ignore or violate section 6 of the prb act, 1867, while registering the purported trade mark of any foreign newspaper, (iii) to quash the order of registrar of trade marks, registering the purported trade mark ..... of foreign newspapers having same or similar name which are already in circulation and registered under section 6 of the press act.15, the appellant herein filed an application for intervention in respect of newspaper 'financial times', later ..... on 23-7-1990 the registrar of newspaper for india issued a certificate under the press and registration of books act, 1867 (hereinafter referred to as the 'prb act') registering the title of the newspaper 'financial times' to be published by the appellant company. ..... , i) union of india, in the ministry of information and broadcasting; (ii) registrar of newspapers in india under the prb act, 1867; and (iii) registrar of trade marks under the tmm act, 1958. ..... the prb act 1867 is a special act. .....

Husaini Khanam and anr. Vs. HusaIn Khan and ors.

Court : Allahabad

Reported in : (1907)ILR29All471

..... as we have shown, the court below held that in any case the plaintiffs' suit is barred by 12 years' limitation under article 134 of the limitation act as regards the five villages held by the defendant sri rukmini and the defendants who are transferees of portions of these five villages from sri rukmini. ..... sale and that the foreclosure proceedings taken by prag narain did not constitute him a purchaser within the meaning of the article, and that if this be granted the defendants are forced to rely on the mortgage of 1867, and that inasmuch as that mortgage was a mortgage without possession the defendants do not come within the purview of the article. mr. ..... she, in the year 1862, made a gift of it to ali husain, and he on the 7th of january 1867 mortgaged five of the twelve villages by way of conditional sale without possession to prag narain, who later on dedicated these five villages to sri rukmini. ..... for these reasons we hold as regards the five villages included in the mortgage of the 7th of january 1867, that the plaintiffs' claim to redeem them cannot be sustained.13. ..... it is clear from the mortgage of 1867 that ali husain held himself out to the mortgagee as absolute owner of the property therein comprised. ..... the mortgage of 1867 made to prag narain was a voluntary transaction, under which no doubt possession was not directly obtained, but it was a voluntary sale sub modo by virtue of which the mortgagee by the aid of the court afterwards obtained .....

In Re: the Cine Industries and Recording Co. Ltd.

Court : Mumbai

Reported in : (1942)44BOMLR387

..... difficulty will arise in the winding up of the company and the mismanagement of the directors will have to be investigated and proceedings taken out against the directors in respect of the ultra vires borrowings and other acts of mismanagement and for the purpose of compelling the directors who are substantial parties to make good the loss caused to the company by their mismanagement and by defaults. ..... the petitioner alleges that though the time for the meeting and the report as required by the provisions of the indian companies act and the articles of association of the company has long since expired, the company has not filed the balance sheet for the period ending march 31, 1941, and has not called ..... further alleges that the directors have committed several breaches of the provisions of the indian companies act and the memorandum and articles of association of the company. ..... question of exceeding the borrowing powers is essentially a question of internal management of the company and the company has taken the view that the directors acted in the best interests of the company ..... company was incorporated under the indian companies act: (vii of 1913) on april ..... in re wey and arun junction canal co, the company was a canal company incorporated by special act of parliament, and sir r ..... re suburban hotel company (1867) l.r. 2 ch. a ..... cases relied upon are in re wey and arun junction canal company (1867) l.r. 4 eq ..... language of lord justice cairns in in re suburban hotel company (1867) l. r. 2 ch. a .....

Lakhan NaraIn Das Vs. Jainath Panday

Court : Kolkata

Reported in : (1907)ILR34Cal516

..... however of the injunction given in article vi of regulation i of 1793 and the protection afforded to the khoodkasht raiyats by regulation viii of 1793 the landlords appear to have taken advantage of and to have abused their position, and act x of 1859 was passed, as the preamble shows, with the object of 're-enacting with certain modifications the provisions of the existing law relative to the rights of the raiyats, with respect to the delivery of pottas and occupancy ..... who does not hold under any express agreement they appear to have recognised that in the case of an agreement entered into by a raiyat with his landlord under section 46 of the bengal tenancy act the provisions of section 37 of the contract act would apply, and that the rights of the raiyat under the contract would on his death devolve on his heir or representative, that is to say, that his right under such an agreement would ..... twelve years, while on the other, hand it conferred privileges on paikasht raiyats which they had not under the customary law of the land; but it is curious that notwithstanding that the rules laid down in the act had operation for more than a quarter of a century, no reported case is to be found in the books showing the eviction of the heir of any raiyats of any class, merely on account of the death of ..... view that the right of the raiyat was not heritable there are the two cases decided in 1867 only to which banerjee j. ..... (1867) ..... surmah (1867) 8. ..... (1867) ..... (1867) ..... surmah (1867) 8 ..... (1867) .....

Nishad K. Vs. the Tahsildar

Court : Kerala

..... in the absence of such proof and on account of the dispute wpc 1867/13 2 raised by learned government pleader, i am unable to accept the case of the petitioner. ..... regional transport officer, collectorate, kollam-691 013 r1 to r3 by sr government pleader sri.joseph george this writ petition (civil) having come up for admission on 22-01-2013, the court on the same day delivered the following: sts wp(c)no.1867/2013 appendix petitioner's exhibits: p1 copy of the revenue recovery demand no.2012/4883/2/300 dated 17 08/2012 issued by the 1st respondent to the petitioner under section 7 and 3.of the revenue recovery act. ..... wp(c)no.1867 of 2013 ......................................... ..... 1867 of 2013 () ------------------------- petitioner(s): -------------------------- nishad k. ..... p2 copy of the revenue recovery demand no.2012/5623/2/300 dated 30 10/2012 issued by the 1st respondent to the petitioner under section 7 and 3.of the revenue recovery act. .....

Borer Vs. Chapman

Court : US Supreme Court

..... been paid, or upon the heirs, devisees, or legatees, to contribute to the payment of his claim; but if the executor or administrator shall have failed to give the notice to the creditors, as prescribed by the act, such creditor may recover on the bond of the executor or administrator the amount of his claim, or such part thereof as he would have page 119 u. s. ..... judgment in the circuit court, by the operation of the mandate of this court, and the execution of that mandate by the circuit court in entering the new judgment, was one continuous judicial act, and to that smith, as executor of snow, was a party, for he was a party to the record as plaintiff in error in this court. ..... a transcript of the judgment was procured by chapman, and forwarded to snow in minnesota about october 23, 1867, and, after some correspondence between them in respect to its allowance and payment, an action at law was brought thereon in the circuit court of the united states for the district of minnesota by chapman, as ..... on july 1, 1867, his will was duly presented to the probate court of that county for proof and ..... on may 14, 1867, gordon, then a citizen of minnesota, having his domicile in the county of le sueur in that state, made and published his last will, and within a few days thereafter ..... , in san francisco, who took such proceedings thereon in the probate court of san francisco; that the will was there admitted to record, and letters testamentary thereon issued to clark solely, on august 5, 1867. .....

Embry Vs. United States

Court : US Supreme Court

..... president of the united states of america," " to all who shall see these presents, greeting:" "know ye that by virtue of the authority conferred upon the president by the second section of the act of congress, approved april 5, 1867, entitled 'an act to amend an act regulating the tenure of certain civil offices,' i do hereby suspend bowling embry from the office of deputy postmaster at nashville, in the state of tennessee, until the end of the next session of the ..... upon the discharge of the duties of said office, and continued therein until the 27th of may, 1869, when, in consequence of an order made by the president of the united states, under the act of april 5, 1869, suspending him from said office, he delivered over said office to one enos hopkins, who had been designated by the president to perform the duties of deputy postmaster at nashville, and ..... "sir -- in the case of enos hopkins, rejected by the senate of the united states, under date of july 15, 1876, he is, under the provision of the act of march 2, 1867, and april 5, 1869, regulating the tenure of certain civil offices, inhibited from holding, exercising, or discharging any of the duties pertaining to the office of postmaster at ..... " on the 5th of april, 1869, the original tenure of office act was amended, so as to authorize the president in the recess of the senate to suspend an officer at his discretion until the end of the then next session of the senate, and to designate some ..... office act, passed march 2, 1867, .....

Mir Hyder Ali Sahib Vs. AmirudIn Sahib and ors.

Court : Chennai

Reported in : (1929)56MLJ199

..... courts and exactly similar order made in the same class of suits in the city civil court and not those passed by the small cause court i find that article 11 (a) of the limitation act applies and that plaintiff's suit for possession which has been brought more than one year from the date of that order is therefore out of time and is consequently liable to be dismissed.4. mr. m.s. ..... aiyar, the learned vakil for the respondent, wanted to support the decree of the lower court dismissing the suit on another ground, namely, that the proper article of the limitation act applicable to the present case is article 13 and that the suit should be held to be barred under that article though the applicability of that article was not discussed by ..... the line of argument pursued by the learned city civil judge may be stated in his own words:the small cause courts act expressly provided in section 48, under chapter vii headed 'recovery of possession of immoveable properties,' that in all proceedings under that chapter the small cause courts shall, as far as possible, and, except as ..... held that the decision by the court of a dispute as to the title to receive compensation money under the land acquisition act rendered the question of title res judicata in a subsequent suit between the parties to the dispute. ..... ) ) passed in 1867 to the effect that the period of limitation applicable to similar suits is the ordinary period of twelve years, and so far as we are aware that ..... (1867) ..... (1867) ..... (1867) ..... (1867) .....

Mohan Lal and anr. Vs. GraIn Chamber Ltd., Muzaffarnagar and ors.

Court : Allahabad

Reported in : AIR1959All276

..... the company, and on the majority of other issues that arose in these proceedings.we, therefore, consider it advisable to examine at this stage, before dealing with other issues, as to how far the directors and the company acted prudently in passing the resolution of 15th february, 1950 and in actually settling transactions with a large number of members of the company in pursuance of that resolution within the next few days, and, while making such ..... board of directors and that mere implied consent was not sufficient.this contention has been met by the learned single judge, and, in our opinion, rightly, by pointing out that section 86-f of the indian companies act mentions the consent of directors without laying down that the consent must be express consent or that it should be by a resolution, or that it must be given at a meeting of the board of directors, or that the consent should be ..... meeting of the 15th of february, 1950 as they were directly concerned or interested in the arrangement arrived at in the resolution of 15th of february 1950 under the prohibition laid down in section 91b of the indian companies' act of 1936.when the appeal was argued belore us this legal aspect was urged by learned counsel again not with reference to the resolution of 15-2-1950, but with reference to the resolution of 14-3-1949, when the board ..... fernie, (1867) 3 eq 520, where he held:'by the companies act, the majority of the persoas signing the articles of association are competent to form a .....