Judgment Search Results Home > Cases Phrase: soldiers litigation act 1925 Page 11 of about 10,357 results (0.061 seconds)

Ornate Traders Private Limited (Successor to Kamu Metals Private Limit ...

Court : Mumbai

Reported in : [2009]312ITR193(Bom); [2008]16STT263

..... expected of every litigant and particularly the litigants who have large litigation who have their own legal department and channels, to act within the period ..... principle of law that court should pass such directions which would help in avoiding unnecessary litigation or where the root cause of litigation can be so managed as to reduce the burden of justice delivery system. ..... expected nor it can be a normal conduct of a public servant or a litigant that they would keep the files unmoved, unprocessed for months together on their ..... a casual or a negligent litigant who has acted with utter irresponsible attitude, cannot claim the condonation of delay in law when the right has accrued ..... case is that the revenue and/or even the assessees are expected to act with care and expeditiousness and not to let things lie unprocessed for months ..... it is true that uoi unlike a normal litigant may not be called upon to explain each day's delay by giving a reasonable or plausible explanation but the entire delay has to be explained at least in a composite manner so as to enable the court to exercise the discretion in ..... applicant to show special circumstances constituting a sufficient cause within the meaning of section 5 of the limitation act for condonation of delay of more than 200 days at least, if not each day's delay. ..... expected that the government departments should function in a properly mechanized manner and not to act so casually that because of its inaction or misdeeds, the public exchequer is made .....

Peugh Vs. Davis

Court : US Supreme Court

..... the loss, costs, damage, and expenses, including the consideration in said deed or conveyance, which or to which the said davis, his heirs or assigns, shall lose, incur, pay, or be subject to, by reason of any claim or litigation against or on account of said squares of ground, or either of them. ..... corroborative of the statement of the mortgagor is that he retained possession of the property after the time of the alleged release, enclosed it, and either cultivated it or let it for cultivation until the enclosure was destroyed by soldiers at the commencement of the war in 1861. ..... a special covenant to pay and refund to the defendant the costs and expenses, including the consideration of the deed, to which he might be subjected by reason of any claim or litigation on account of the premises. ..... was absolute in form, purporting to be made upon a sale of the property for the consideration of the $2,000, and contained a special covenant against the acts of the grantor and parties claiming under him. ..... as the equity upon which the court acts in such cases arises from the real character of the transaction, any evidence, written or oral, tending to show this ..... of redemption which the complainant offered to sell for that sum, and at the same time to warrant the title of the property and indemnify the defendant against loss from the then pending litigation. ..... these acts of the mortgagor justify the conclusion that he never supposed that his interest in the property was gone, whatever the mortgagee may .....

Ramesh Chandra Bhandari Vs. Ram Singh Salal

Court : Supreme Court of India

..... the matter reached to this court at the instance of the appellant in the first round of litigation which eventually ended in granting liberty to the appellant to file a fresh eviction petition on the changed circumstances against the respondent for his eviction from the suit shop.8. ..... the high court, in our view, should have appreciated the fact that the present litigation was the outcome of the second round of litigation after conclusion of the first round which began in 1986 and reached up to this court and in this process this litigation consumed 20 years. ..... this is how the second round of litigation again started in 1997 between the parties out of which this appeal arises. ..... the state legislature, in its wisdom further considered appropriate to give more benefit to the landlords who are serving or retired indian soldier or their widows and accordingly amended section 21 by act no.17/1985. ..... urban buildings (regulation of letting, rent and eviction) act, 1972 (hereinafter referred to as the act ) against the respondent seeking his eviction from the suit premises. ..... the act in question is a legislation which provides for regulation and control of letting and rent of the accommodation. .....

Sampurna Behrua Vs. Union of India

Court : Supreme Court of India

..... every district, consisting of such officers and other employees as may be appointed by that government, to take up matters relating to children with a view to ensure the implementation of this act, including the establishment and maintenance of institutions under this act, notification of competent authorities in relation to the children and their rehabilitation and co-ordination with various official and non-official agencies concerned and to discharge such other functions as may be ..... with regard to some of the more important proceedings that have taken place in the matter from the time when the public interest litigation was instituted only to highlight various dimensions to the problems faced by children and the casual approach that most state governments and union ..... meaningful, we request the chief justice of every high court to register proceedings on its own motion for the effective implementation of the juvenile justice (care and protection of children) act, 2015 so that road-blocks if any, encountered by statutory authorities and the juvenile justice committee of the high court are meaningfully addressed after hearing the concerned governmental authorities. ..... the public interest litigation is to the effect that the chief secretaries and the directors general of police and superintendents of police of all the states should forthwith implement the act of 2000 in ..... act of 2000 does not at all change the sum and substance of the reliefs claimed in the public interest litigation .....

Bexy Michael. Vs. A.J.Michael.

Court : Kerala

Reported in : ILR2010(4)Ker382

..... we are, in these circumstances, of the opinion that the court below has gone wrong completely in rejecting the oral evidence of p.ws.1 to 3 and choosing to accept and act upon the oral evidence of r.w.1 unmindful of the gross contradictions which have been brought out between his pleadings and his evidence. 26. ..... the compelling indications available in this case must suggest to a prudent person that it is safer, reasonable, just and prudent to accept and act upon the oral evidence of p.w.1 which is convincingly supported by the pleadings and also the evidence tendered by p.ws.2 and 3, the direct paternal uncles of the ..... unlike in a criminal case in a civil litigation it is not as though the respondent has no burden at all ..... principles of appreciation of evidence and the burden of proof on the shoulders of a civil litigant deserve to be considered. ..... the burden rests squarely on the shoulders of such a plaintiff to prove the claim satisfactorily as expected of a litigant in civil proceedings. ..... sec.3 of the evidence act which has often been referred to as the bible of a court of facts mandates that the court must either believe in the existence of a fact on the basis of matters before it or it should entertain the satisfaction that a prudent person on the basis of the matters before it would have acted on the supposition that such fact ..... will hasten to remind ourselves that the standards of a prudent man are paramount in the appreciation of evidence under sec.3 of the evidence act. .....

Smt. Manjula Devi Widow of Awadhesh Kumar Mishra, Vs. Commercial Motor ...

Court : Allahabad

Reported in : 2008ACJ1624; AIR2007All122; 2007(2)AWC2050

..... passed, therefore, in stead of remitting the matter back to the tribunal for disposal of the claim petition as fresh after hearing to the parties on merits, in order to shorten the litigation between the parties we think it proper and appropriate to decide the claim petition on merits as sufficient materials have been brought by the appellants through the paper book submitted before this court in appeal and ..... hon'ble apex court in shah bhojraj kuverji oil mills' case (supra) and lakshmi narayan's case (supra) would clearly apply in such situation and the provisions of section 163a of motor vehicle act will apply even in pending cases before claims tribunal as well as in pending statutory appeals at higher forum including this court, irrespective of the fact as to whether accident occurred prior to the date ..... in causing the accident involving the death or bodily injury to persons or damage to any property of third party so arisen or both, the claimants would be divested from claiming compensation under the aforesaid provisions of act, thus, import of the concept of negligence from common law and law of torts to exclude the jurisdiction of claims tribunal on the principle of fault required to be established by victims and legal representative of victim ..... absence of anything in the enactment to show that it is to have retrospective operation, it cannot be so construed as to have the effect of altering the law applicable to a claim in litigation at the time when the act was passed. .....

Pronoti Vyas and Others Vs. State of Maharashtra, through Office of th ...

Court : Mumbai

..... she has accordingly prayed for a direction to the commissioner to take steps to protect ms.lila, under the persons with disabilities (equal opportunities, protection of rights and full participation) act, 1995, and to ensure that ms.lila secures her shares in sakal company and retains and regains her interest in the immovable properties. ..... merely because mr.oswal has sought various requests, looking at the nature of the litigation and the stage, every requests of mr.oswal, which are numerous, need to be entertained and considered ..... mr.havnur submitted that an appropriate writ be issued to the commissioner under the persons with disabilities (equal opportunities, protection of rights and full participation) act, 1995 to protect ms.lila and ensure that she regains all her interest in the trust and the immovable properties. ..... he has also prayed that order be passed giving protection to lila under section 25 of mental health act, action be initiated against the respondent pawar group and investigation be handed over to c.b.i. or c.i.d. ..... as regard the prayers made by him under the mental health act, 1987,mr.oswal submitted that he will approach the appropriate authorities and did not press the prayer in this court. ..... according to the applicant, it is established under section 4 of prevention of cruelty to animals act, 1960 and its members are nominated by the government of india and it is their duty to ensure that the cruelty to animals is ..... it should not be connected with the litigation. .....

Yashpal Jain Vs. Sushila Devi

Court : Supreme Court of India

..... looked after by mangal singh- the first defendant and as he had fraudulently obtained a bhumidar sanad of the land comprising no.77, 3/16 nalis, she had filed an application under section 137-a of up act no.1 of 1951 before the tehsildar/assistant collector, pauri garhwal, challenging the said bhumidari sanad obtained by the first defendant, which was held in her favour by the tehsildar, and confirmed by the appellate ..... utilization of provisions of the cpc namely order x (examination of parties at the first hearing); (v) non-awarding of realistic cost for frivolous and vexatious litigation; (vi) lack of adequate training and appropriate orientation course to judicial officers and lawyers; 28 (vii) lack of prioritization of cases; (viii) ..... provision if the judges do not understand the significance and importance of these amendments and allow the parties to control the course of litigation, it only shows either lack of will on their part to implement these statutory provisions or their inability to give effect to ..... a member of the california bar, in his article titled the law s delays: reforming unnecessary delay in civil litigation , which was prepared as a project for the belli society, has noted trial delays or the period of ..... . it is for such reasons that the system itself is being ridiculed not only by the litigant public but also by the general public, thereby showing signs of constant fear of delay in the minds of public which might occur during the resolution of dispute, dissuading .....

Nevada Vs. United States

Court : US Supreme Court

..... the united states, as a party to the orr ditch litigation acting as a representative for the interests of the reservation and the project, cannot relitigate the reservation's water rights with ..... amended complaint in orr ditch, the government plainly stated that the newlands project was initiated pursuant to the reclamation act, and that the litigation was designed to quiet title to the government's right to the amount of water necessary to irrigate the lands ..... any state or territory relating to the control, appropriation, use, or distribution of water used in irrigation, or any vested right acquired thereunder, and the secretary of the interior, in carrying out the provisions of this act, shall proceed in conformity with such laws, and nothing herein shall in any way affect any right of any state or of the federal government or of any landowner, appropriator, or user of water in, to, ..... appeals for the ninth circuit syllabus in 1913, the united states sued in federal district court, in what is known as the orr ditch litigation, to adjudicate water rights to the truckee river for the benefit of both the pyramid lake indian reservation (reservation) and the newlands reclamation project ..... lawyers in orr ditch, both departmental, agency and bureaus, as well as those charged with the responsibility for the actual conduct of the litigation, are not chargeable with an impermissible conflict of purpose or interest in carrying out the decisions and directions of their superiors in the ..... 1925 .....

United States Vs. Vonn

Court : US Supreme Court

..... although the government did not challenge odedo as controlling precedent, we have previously held that such a claim is preserved if made by the current litigant in "the recent proceeding upon 59 whether a court reviewing rule 11 error under either standard is limited to examining the record of the colloquy between court and defendant when the guilty plea was entered, or may look ..... mccarthy was decided, rule 11 was relatively primitive, requiring without much detail that the trial court personally address a defendant proposing to plead guilty and establish on the record that he was acting voluntarily, with an understanding of the charge and upon a factual basis supporting conviction. id. ..... indeed, despite the allegation that mccarthy had acted "willfully and knowingly," his lawyer consistently argued at the sentencing hearing that his client had merely been neglectful, ..... him on the briefs were solicitor general olson, acting solicitor general underwood, acting assistant attorney general keeney, paul r. q. ..... 73 but the incentive to think and act early when rule 11 is at stake would prove less substantial if vonn's position were law; a defendant could choose to say nothing about a judge's plain lapse under rule 11 until the moment of taking a direct appeal, at ..... but the incentive to think and act early when rule 11 is at stake would prove less substantial if a defendant could be silent until direct appeal, when the government would always have the burden to prove harmlessness. pp. 72-74. .....