Judgment Search Results Home > Cases Phrase: the police incitement to disaffection act 1922 Page 5 of about 414 results (0.110 seconds)

Osborn Vs. Haley

Court : US Supreme Court

..... 2 ] in the westfall act, congress instructed: upon certification by the attorney general that the defendant employee was acting within the scope of his office or employment at the time of the incident out of which the claim arose, any civil action or proceeding commenced upon such claim in a state court shall be removed without bond at any time before trial by the attorney general to the district court of the united states for the district and division embracing the place in which the action or proceeding ..... by way of contrast, permitting purely incident-denying certifications, as the majority does, can only be squared with the act s text if the attorney general is required to supply the reviewing court with proof of what the employee was doing (and that such activities were within the scope of employment) at the time of the incident a showing that would prove quite difficult in a case such as this, where the plaintiff has alleged that the tort was committed at some unknown time over a period of days, ..... we address three further questions regarding the westfall act s operation: (1) is attorney general certification proper when a federal officer denies the occurrence of the tortious conduct alleged by the plaintiff; (2) does 2679(d)(2), by rendering the attorney general s certification conclusiv[e] for purposes of removal, bar remand even if the federal court determines that the united states should not be substituted as defendant in place of the federal employee; and (3) does 28 .....

Surendra Kumar Lath Vs. State

Court : Orissa

Reported in : 43(1977)CLT671; 1977CriLJ1399

..... unless the action is such as may tend to disrupt the government by inciting violence, it would be difficult to call it an act inciting disaffection, hatred or contempt against the government.15. ..... it is admitted by the learned counsel appearing for the state that out of the acts mentioned in clauses (a) to (s) of rule 36(6), clause (e), i e, 'to bring into hatred or contempt, or to excite disaffection towards the government established by law in india' is the only clause which is relevant for the purpose of this case, and the acts mentioned in the other clauses are not relevant for our consideration. ..... not the government within the meaning of sections 17 and 124a of the indian penal code.in the full bench case of the allahabad high court in bam nandan's case (air 1959 all 101) a large number of decisions on this point have been considered and it has been held that government is 'the institution consisting of president and the governors acting with the aid and advice of their councils of ministers, and not the actual persons holding the offices of the president and governors and the ministers ..... read with section 34 of the police act.3. ..... the trial court, however, acquitted all the accused persons of the charges under rule 69(4) of the rules and under section 34 of the police act, and convicted them under sub-rule (5) of rules 33, 43 and 46 of the rules and under section 143, i. p. c.5. .....

Dharam Deo Verma Vs. Ved Mitra Verma

Court : Guwahati

..... witness was shri ram saran sarpanch, village--basaich, who was looking like a gentlemen; that at the time of making the will, shri satyanand was mentally sound and he registered the will on being fully satisfied; that he was not a witness in the will but he registered the will under registration act, 529/59 and that he signed the will in his capacity as the sub-registrar; that shri satyanand murari, witnesses shri trilokhi nath and shri ram saran signed ..... the trial court, therefore, held that the will was not proved in accordance with sections 59 and 63 of the indian succession act and sections 67 and 68 of the evidence act which required the propounder of the will to prove that the witnesses saw the testator signed the will and have themselves signed the same. ..... kin the document (will) in his presence and the signatures of shri satyanand verma, ram saran, trilokhi nath and his signature .....

Controller of Estate Duty, Bombay City, Bombay Vs. Kantilal Nemchand

Court : Mumbai

Reported in : [1978]115ITR89(Bom)

..... in this reference made to this court by the tribunal under section 64(1) of the estate duty act the following question has been referred for our opinion : 'whether on the facts and in the circumstances of the case, the tribunal was right in directing the inclusion of only the value of 1/4th of the goodwill and the tenancy rights in the principal value of the estate that passed on to the heirs on the death of nemchand laherchand ?' 2. ..... in view of the above discussion, it seems to us clear that the further question as to whether the transaction would be effected by section 10 of the act would not arise and, in our view, the tribunal was right in coming to the conclusion that the only value that was includible in the principal value of the estate that passed on the death of nemchand was the value of 1/4th of the goodwill and tenancy rights of the business. ..... the assistant controller of estate duty, however, took the view that the case fell under section 10 of the act, inasmuch as, according to him, since the deceased was a partner till his death, the deceased was in possession and enjoyment of the subject-matter of gifts and he not having been entirely excluded from the possession and enjoyment of the subject-matter of the gifts, the gifts were hit by section 10 of the act. .....

K. Achutha Pai Vs. Joseph Tauro and ors.

Court : Karnataka

Reported in : ILR2003KAR3268; 2003(5)KarLJ399

..... , it is submitted for the defendants that the said distinction tried to be made out for the plaintiff is of no help to the plaintiff when seen the provision contained in section 21(1) of the act with the provision contained in section 61(1) of the act since there is no much difference and, at any rate, the object behind such prohibition under section 21(1) and also under section 61(1) of the act is to see that a tenanted land should remain with a tenant at least for 15 years even after such a land is granted to him by conferring occupancy rights and ..... anant trimbak sabnis vs vasant pratap pandit, the high court of bombay has in the light of section 15(1) of the act taken the view and in our opinion rightly that the words 'to assign or transfer in any other manner his interest therein' in section 15(1) of the act had the effect of prohibiting the disposition of the tenancy right by a will in the absence of a contract to the contrary. ..... and there was no necessity for the deceased to borrow any loan from the canara bank when he was looking after the deceased and assisting her.d) however, after trial, the trial court held that execution of the will deed in favour of plaintiff by the deceased in sound disposing state of mind is proved but, on the ground that the deceased could not have made will in respect of the suit property in view of the provisions contained in karnataka land reforms act (hereinafter referred as 'act'), dismissed the suit. .....

United States Vs. Choctaw and Chickasaw Nations

Court : US Supreme Court

..... . evidently the legislative branch of the government, when it came to deal with the lands occupied by the wichita and affiliated bands of indians, under the treaty of 1855, declined to apply the rule adopted in the act of 1891 in reference to the lands in the leased district occupied by the cheyennes and arapahoes, and intended by the act of 1895 to leave the whole question as to the legal and equitable rights of the united states and of the choctaw and chickasaw nations in the lands now in dispute to be determined by the courts ..... and we recognize its right under all the circumstances of this case to ask -- that the decree as to the wichita and affiliated bands be reversed and set aside and the cause remanded with directions that, in addition to the dismissal of the petition of the choctaw and chickasaw nations, and ordering the allotment of 160 acres of land in the wichita reservation to each member of those tribes, they have the benefit of the proceeds of the sale of such lands in the wichita reservation as are not needed for the purposes indicated in the act of congress .....

P. Manavala Chetty and Five ors. Vs. P. Ramanujam Chetty and anr.

Court : Chennai

Reported in : (1971)1MLJ127

..... absolute owner, there having been a merger in the same person, the widow, of the ..... the family house is dealt with under the will, the testator's widow became the full and absolute owner of the house under section 14 of the hindu succession act, (xxx of 1956), or that, in any event, with regard to the rest of the interest or right in the house (after carving out a right of residence for the wife), no provision having been made by the testator, the residuary estate vested in the widow as the husband's heir on his death on 12th october, 1915, and again by reason of section 14 of the hindu succession act, she became the .....

M/S. Sharex Acting Through Vinod .Kumar Chada Vs Smt. Sudershan Suri

Court : Delhi

..... thus, quite obviously, the pleas raised by the appellant against the contents of the lease deed are barred by sections 91 and 92 of the evidence act and appear to have been made only for the purpose of delaying the trial of the case. ..... as deft had cordial relation with the plaintiff's husband he never doubted his intentions and acted according to the wishes of plaintiff's husband as defendant respected him throughout.however due to the existing cordial relationship between defendant never insisted on the original agreement as he was confident that he would be able to pay the balance amount very soon for purchasing the flat. ..... any plea raised against the contents of the documents only for delaying trial being barred by the sections 91 and 92 of evidence act or other statutory provisions, can be ignored. ..... once the execution of the document has been admitted, sections 91 and 92 of the evidence act, come into play. ..... the court can act on such admission, either on an application of any party or on its own motion without determining the other questions.this provision is discretionary, which has to be exercised on well established principles. .....

Berger Vs. United States

Court : US Supreme Court

..... in my judgment, the questions propounded, in the light of the disclosures of this record, should be answered -- as to the first, that the affidavit of prejudice, when read in the light of the other disclosures in the record, was insufficient to meet the requirements of the act; as to the second, that while the judge might have called upon another judge to pass upon the sufficiency of the affidavit, he had jurisdiction to pass upon it himself if he saw fit to do so; as to the third, that the mere filing of the affidavit did not require the judge to proceed no further with the trial of the defendants upon the accusation against ..... upon receiving the affidavit, the judge at once inquired of counsel whether the language ascribed to him was not in fact uttered in connection with the disposition of the case of united states against one weissensell in sentencing him after conviction by a jury of a violation of the espionage act in the same court. ..... " february 2, 1918, there was returned into the district court of the united states for the northern district of illinois an indictment against plaintiffs in error (it will be convenient to refer to them as defendants) charging them with a violation of the act of congress of june 15, 1917, known as the espionage act (40 stat. ..... the questions certified are as follows: (1) is the aforesaid affidavit of prejudice sufficient to invoke the operation of the act which provides for the filing of affidavit of prejudice of a judge? .....

United States Vs. One Ford Coupe Automobile

Court : US Supreme Court

..... , and all penalties for violations of such laws that were in force when the national prohibition act was enacted, shall be and continue in force, as to both beverage and nonbeverage liquor, except such provisions of such laws as are directly in conflict with any provision of the national prohibition act or of this act; but if any act is a violation of any of such laws and also of the national prohibition act or of this act, a conviction for such act or offense under one shall be a bar to prosecution therefor under ..... 334 the violation; that, pending the proceeding against him, the vehicle shall be surrendered to the owner upon giving bond to return it to the custody of the officer on the day of the trial to abide the judgment of the court; that, in case of conviction of the person, the vehicle shall be sold under conditions and in a manner prescribed; that the proceeds remaining after paying the expenses shall be paid over to lienors innocent of wrongdoing, and that, unless and except so far as there are such lienors or others entitled thereto, the net proceeds ..... , 1922), 284 f. ..... 1922), 284 f. ..... , 1922), 280 f. ..... , 1922), 280 f. ..... 1922), 279 f. ..... , 1922), 279 f. .....