CiteTEXT
...the decision rendered in 1803 by the American Supreme Court in William Marbury v. James Madison in which the opinion of the Court was delivered by Chief Justice John Marshall in words...relevant on the interpretation of a constitutional provision, I am reminded of the powerful dissent of Justice Holmes in Lochner v. New York regarding a labour statute. The test...between the substantive part of Article 368 with its proviso”.23. The Chief Justice came to the conclusion that “as a matter of construction, there is no escape from the...
...function of executive, legislative and judicial. Even though, thus the power is in executive, Richard M. Jackson in his Study on the Machinery of Justice in England, noticed that political considerations...Justice in every High Court from outside the State. In our country we are used to the British Chief Justices presiding over the High Courts for more than a century. Many of them turned out to be...the presiding officer of Justice? Cannot the constitutionally coordinate body of government share the confidence? It is ludicrous to observe a Chief Magistrate, as in Beatson v. Skene...
...bribe (£500 from merchants who wished to import French wines).
21-4-1668
Hon. Henry Brouncker (New Romney)
Invented orders from the Duke of York to downsail...those offering the lucre. This led to extensive publicity in the media. The Presiding Officers of each House of Parliament instituted inquiries through separate committees. Another private channel had.... A grievance has also been made about denial of principles of natural justice in the inquiry proceedings and it is contended that there are gross and patent illegalities which are not protected from...
.... where Sir Richard Couch, C.J had laid down a particular test on a rather strict and literal interpretation of the letters patent. Later decisions of ‘the Calcutta High Court have followed...this decision of Sir Richard Couch, C.J with some modifications and clarifications. The Madras High Court has taken a very liberal view in its decision in...Sir Richard Couch, C.J in Oriental Gas Company's case so as to include only those orders of the trial Judge which are of a final nature and effectively decide the controversy of the issues in dispute...
...Electric Company (for short ‘General Electric’), respondent in C.A Nos. 71 and 71-A and appellant in C.A No. 370 of 1992, is a company incorporated under the laws of the State of New York in United States...parts was FAS vessel, U.S.A port so selected by seller (Article II). All items of the equipment were to be delivered along with vessel at New York not later than 15 months from the contract effective...York, USA (Article XIX-A).3. It was, also, provided that if General Electric received an exemption from the Government of India from the payment of income tax levied by the...
...has been held that the principles of natural justice can be waived.36. In Administrative Law, 8th Edn., by William Wade and Christopher Forsyth, at p. 491, it has been...natural justice. The Division Bench also upheld the second finding of the learned Single Judge holding that the comments of the learned Single Judge were clearly justified.11...and for the said purpose the matter was referred to Hon'ble Mr Justice M.K Mukherjee, a retired Judge of this Court for conciliation. The learned Judge, however, failed in his efforts in this behalf and...
...York Corpn. v. Henry Leatham & Sons Ltd. (1924) 1 Ch 557, 1924 All ER Rep 477 that the corporation being under a duty under the Act of 1936, expressed in imperative language...do justice by the promotion of the honesty and good faith, as far as it lies in their power. As pointed out by Jenkins, C.J in Dadoba Janardhan case a different conclusion would be opposed to what is...founded on the equity should be understood on the facts and findings of the Court in the case. the Court relying on the observations of Chief Justice Jenkins, observed that even though the case does not...
...this behalf reliance was placed on a number of decisions of various High Courts commencing from the celebrated decision of Sir Richard Couch, C.J in Madhub Chunder v. Raj Coomar Doss...law. The provisions of Section 27 of the Act were lifted from Hom. David D. Field's Draft Code for New York based upon the old English doctrine of restraint of trade, as prevailing in ancient times...Contract Act and put upon the meaning which they appear plainly to bear. This view of the section was expressed by Sir Richard Couch, C.J, in celebrated judgment in Madhub Chunder v. Raj Coomar...
...190 My learned Brother Hon'ble Mr Justice Markandey Katju has reservation on the correctness of the said decisions in view of the interpretation of clause (2) of Section 2 of the Arbitration a...Convention on the Recognition and Enforcement of Foreign Arbitral Awards (hereinafter referred to as “the New York Convention”)?;10.3 Does Section 2(2) bar the application of Part...placed in Part I only to bring it in conformity with Article V(1)(e) of the New York Convention, which has been incorporated and enacted as Section 48(1)(e). The aforesaid section even though it is...
....2. It all began with the receipt of a letter dated December 26, 1991, from Shri R.K Jain, Editor, Excise Law Times, addressed to the then Chief Justice of India, Shri M.H Kania...convention found mentioned in the message of Shri Y.V Chandrachud, the then Chief Justice of India, dated October 5, 1992 forwarded on the occasion of the inauguration of the CEGAT. The further...Selection Committee consisting of a Judge of the Supreme Court of India nominated by the Chief Justice of India. Rule 10 provides for the appointment of the President. It says that the Central Gov...
...Vikrama year 1224, corresponding to Sunday, the 16 of June, 1168 A.D- the day of his installation to the dignity of Yuvaraja. But so marked was the royal eclecticism that according to a Bodhgaya inscription...an incarnation for Hindus. In that book also, there is no mention about the construction of a mosque after demolishing the Rama temple in Ayodhya. William Finch was a famous traveller who stayed in...source.” (E.T.C)“The area in which the mosque is situated, is known as Rmakot. The full name of Finch was William Finch. It is true that he was an English traveller who came to...
...Court of New York could not be the foundation of the suit is, in the words of the learned Chief Justice, as follows :
"The foreign judgment was passed in New..., which was incorporated in New York and carried on business in spices, brought a suit in the original side of the Bombay High Court against the appellant for recovery of a sum of Rs. 92,884-4-10 on the...basis of a judgment of the Supreme Court of the State of New York affirming two awards obtained by it and also on the awards in the alternative.
20
The...
...court referred to the words of Chief Justice Cardozo [as he then was in the New York Court of Appeals] in Doyle v. Hafstader:“… The grant of an..., Presiding Judge of the Southern District Court at New York [US] directing the utilisation of 5 million dollars for relief to the victims of the gas leak disaster through Indian Red Cross Society. In the ....This ‘beautiful’ system is frequently a luxury; it tends to give a high quality of justice only when, for one reason or another, parties can surmount the substantial barriers which it ...
...
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE...DWARKA DHISH BANSAL ON THE 22ndOF MARCH, 2025
MISC. PETITION No. 1243 of 2025
GENDLAL
Versus
SHEETAL PRASAD...appeal, has allowed application under Order XXVI Rule 9 of C.P.C. filed by respondents/plaintiffs, by which order for demarcation of land survey no.1224/1 area 0.63 hectare has been passed...
...standards of ability and rectitude.35. When William Henry Harrison became President in 1841, the practice of appointing political followers reached its pinnacle. Between....10. The respondents pleaded that the action taken against them was vitiated due to violation of the rules of natural justice and arbitrary exercise of power because the authority...:Justice, social, economic and political;Liberty of thought, expression, belief, faith and worship...
...constitutionality of sentence of death has been upheld by this Court. Learned counsel has at length referred to the opinion of Hon'ble Mr Justice P.N Bhagwati, as he then was, which is the minority opinion...sentence but there is also a clear intention of maintaining this sentence to meet the ends of justice in appropriate cases. It is therefore clear that in spite of the divergent trends in the various parts ..., Justice Frankfurter was very emphatic that any jurisdiction, exercisable by the Supreme Court, should be exercised by the Full Court. His view is that the highest court of appeal in the land should not...
...a question of fact.
The late Henry Vatcher, senior, who was born in England, was twice married, first to Margaret Way, who died in 1843, and secondly to Eliza Frances Tonkin Higgs.... There was issue of the first marriage two children, namely, Margaret, who married a Mr. Torkington, and Henry who married Maria George Andrew, spinster, and died in 1863, leaving issue the respondents...Maria Florence Paull and Ellen Vatcher. There was issue of the second marriage of Henry Vatcher, senior, six children namely, the appellant John Sidney Adolphus Vatcher, the appellant Edith Mary...
...techniques could also find application outside the criminal justice setting. For instance, Henry T. Greely (2005, cited below) has argued that technologies that may enable a precise identification of the...evolution and specific uses of the impugned techniques. Hence, a description of each of the test procedures is followed by an overview of their possible uses, both within and outside the criminal justice...the application of these techniques in the area of criminal justice.Descriptions of tests — Uses, limitations and precedentsPolygraph...
..., Richard Reid Rogers v. Guaranty Trust Co. of New York 77 L Ed 652 (1932), Carl Zeiss Stiftung v. Rayner and Keeler Ltd. (1966) 2 All ER...unless it is contrary to public policy. [See in the matters of American Fibre Chair Seat Corpn. William Daum et al v. Arthur J. Kinsman, McDermott Inc. v. Harry Lewis...underlying the Indian enactment. In our view, domestic public policy which can justify a disregard of the applicable foreign law must relate to basic principles of morality and justice and the foreign law...
...K.J Paratwar, Presiding Officer:— This is an application for recovery of US $ 4,65,932.00 equivalent to Indian Rs. 58,35,090.71 with interest @ 18% p.a from the date of filing the original...and claimed US $ 6,24,785 from Irving Trust Company (ITC), New York [through the Manufacturers Hanover Trust Company (MHTC), New York], who were reimbursing agent under the letter of credit....3. The MHTC, New York by cable dated 12.9.1979 stated that ITC, New York had no authority and that they were reverting to the letter of credit opening Bank. On 13.9.1979, the applicant sent cable...