CiteTEXT
...regarding “acting under dictation” and will quote from Halsbury's Laws of England (Fourth Edition) Volume I, para 31:—“A body entrusted with a st...it will not be possible to disclose the grounds of detention and hence S. 16-A of the MISA should be invoked. It has the approval of the Govt. of India, Ministry of Home Affairs. I am, therefore...), Ministry of Home Affairs, New Delhi. I am satisfied that the activities of Sh. R.P Varshney, Director, Planning Commission are prejudicial to the maintenance of security of India and I, therefo...
...consideration or compensation.”(emphasis supplied)In Halsbury's Laws of England (Third Edition, Volume 18) while detai...Dictionary (Fourth Edition) defines gift thus:“A voluntary transfer of personal property without consideration. A parting by owner with property without pecuniary...— distinguished from sale.(emphasis supplied)Volume 18 of Words and Phrases (Permanent Edition) defines gift thus...
...whether or not in any given case the relation of master and servant exists is purely one of fact (Vide Halsbury's Laws of England, Hailsham edition, Vol. 22, p. 112, para 191; Pe.... Thirst and Halsbury's Laws of England, Hailsham Edn., Vol. 22, p. 119, para 194, wherein it is stated that if a person is a worker and not a contractor, “it makes no difference that his work is...England, Hailsham edition, Vol. 22, p. 112, para 191:“Whether or not, in any given case, the relation of master and servant, exists is a question of fact; but in...
...in the official Gazette. See footnote (a) to paragraph 776. page 601, of Halsbury's Laws of England (Hailsham edition), Volume VI and 32 Halsbury's Laws of ...)
ACT:
Jaipur Laws Act, 1923, s. 3(b)--Jaipur Opium Act, 1923--Law passed by Council of Ministers not promulgated or published in Gazette--Validity of law--Necessity of...promul- gation of laws-Natural justice.
HEADNOTE:
Natural justice requires that before a law can become operative it must be promulgated or published. It must be...
...agent alone that can enforce the deed, and it is be that will be liable on it. Vide In re International Contract Company(2); Schack v. Antony(3), Halsbury's Laws of England, 3rd Edition..., Volume 1, page 217, and Bowstead on Agency, 10th Edition, page 93. To remove the hardships resulting from this state of the law, the Conveyancing and Law of Property Act, 1881 (44 and 45, Vict...the 25th day v of March 1951 of the Madras High Court in Case Referred Nos. 32 of 1948 and 31 of 1950.
K.S. Krishnaswami Iyengar, (K. R. Choudhry, with him) for the...
...learned Judges held that the statement of law in Halsbury, on which the ratio in Mirajkar AIR 1967 SC 1 is based, has been changed and in support of that quoted paras 103 and 109 from Halsbury's Laws...nature of his public duty.11. In Sohan Lal AIR 1957 SC 529 rival claims of property were in issue and the learned Judges held in para 5 that the writ courts should refrain...civil court in a properly constituted suit to do rather than for a court exercising the prerogative of issuing writs” (emphasis supplied) (see AIR p. 531, para 5...
...ordinarily and in the scheme of the Constitution.5. What is a corporation? In Halsbury's Laws of England, Fourth Edn., Vol. 9, para 1201, it is said...held that the old Board was not but the new Board was. Posing the question what is a corporation, the Court answered it with the statements contained in Halsbury's Laws of England already extracted by...relating to the Constitution (Fourth Amendment) Act, 1955 by which clause (c) of Article 31-A(1) was introduced. His submission was that the legislative intent was merely to render legislation providing for...
...discussion in Halsbury's Laws of England, Fourth Edition, Vol. 1, para 32, were also placed before us by the learned counsel.6. Section 94-A empowers Corporatio...Order1. These appeals arise out of a proceeding under Employees State Insurance Act. An order under Section 85-B of the Act was passed against the...Section 40 of the Act. The amount was reduced to Rs 9226 on an application being moved under Section 75-G. The appellants challenged the order by filing a writ petition before the High Court, which has...
...award was valid according to the law of the country where it was made. So too, in Halsbury's Laws of England, 3rd edn., Vol. 11, in para 116, at p. 53, the said conditions of enforcement ..., be filed to enforce them. In Halsbury's Laws of England, Vol. 7, 3rd Edn., at p. 141, the relevant principle is stated under the heading "Foreign judgments" thus...enforceable in England at Common Law quite apart from any rights given by Part 11 of the Act." In Halsbury's Laws of England, Vol. 11 3rd edn., the following note is given at p. 52...
...of the apprentice. For instances of such suits, I may refer to Phillips v. Clift(1) and Learoyd v. Brook(2). In Halsbury's Laws of England, Vol. 17, p. 118 para....raised in either of the lower Courts (the Village Court or District Munsif's Court), and it requires facts for its elucidation. Further, I find by reference to Halsbury's Laws of England, Vol. 17,...70, para. 190, and Bullon and Leake's Precedents of Pleadings (5th Edition), page 624, that the father of an apprentice who is a minor could in certain circumstances maintain suits against the master...
..., certiorari and mandamus have been thus described in Halsbury's Laws of England, Fourth Edition, Volume I, in para 80:
"Historically, prohibition was a...of King's Bench in which the Sovereign was always present in contemplation of law. (See Jowitt's "Dictionary of Law" vol. 2, p. 1885, and Halsbury's "Laws of England", 4th ed., vol. 11, ...jurisdiction of an inferior court unless it is expressly shown on the face of the proceedings that the particular matter is within the cognizance of the particular Court [Halsbury's Laws of ...
...will be applicable to this case. It is profitable to refer in this connection to Halsbury's Laws of England, Fourth Edition, Volume 44 page 570 wherein it has been stated that...also been stated in the said volume of Halsbury's Laws of England at page 574 that:“The presumption against retrospection does not apply to legislation concerned...at about 2.30 p.m She, it was alleged, committed suicide because of the cruel behaviour of her in-laws soon after her marriage. She used to visit her parents at Amritsar occasionally and during those...
...principal debtor.”16. In Halsbury's Laws of England, Fourth Edition, Vol. 20, paragraph 159 at page 87 it has been observed that “it is not necessary for t...findings recorded above, the present suit succeeds and decreeing the same, I hereby pass a decree in favour of the plaintiff for recovery of Rs 33,705.22 p. with costs. The defendants shall pay future...may be maintained against the surety though the principal has not been sued.”15. In Chitty on Contracts, 24th Edition, Volume 2 at page 1031 paragraph 4831 it is...
...policies of insurance. As stated in Halsbury's Laws of England, Volume, 22 (Simonds Edition) page 56. "a time policy, however, may be effected retrospectively by the insertion of...not liable for any loss attributable to the wilful misconduct of the assured (see paragraphs 151 and 161 of Halsbury's Laws of England (Simonds Edition) Volume 22). In the presen...this case, by its express terms, was to commence on the first day of January, 1869........"
As I understand from the ratio decidendi of this authority, the words "lost...
...within a specific period.”In para 238 of the same volume of Halsbury's Laws of England it is stated:.... Halsbury's Laws of England, 4th Edn., Vol. 31, para 236, points out that ‘Usually the royalties are made to merge in the fixed rent by means of a provision that the lessee, without any ...….”The topics of dead rent and royalties are dealt with in Halsbury's Laws of England in the same volume under the sub-heading “Consideration”, the main he...
....”Article 31-A was amended, with the same degree of retrospective effect again, by the Constitution (Fourth Amendment) Act, 1955. Two alterations, not substance-wise material, ...).11. By Section 7 of the Constitution (Forty-fourth Amendment) Act, 1978 the reference to Article 31 was deleted from the concluding portion of Article 31-A(1) wi...to be on the statute book so as to be available in respect of laws of other categories. We must therefore conclude that the withdrawal of the application of Articles 14, 19 and 31 in respect ...
....”22. Halsbury's Laws of England (Fourth Edn., Vol. 44, para 925) states:“The presumption against retrospection...definitely and finally created by the charging section and all the materials for ascertaining it are available immediately.”12. In, Halsbury's Laws of England...(Fourth Edn., Vol. 23, para 29), referring to the machinery provisions it is stated:“It is important to distinguish between charging provisions, which impose the...
...(1976) 2 SCC 58; see Halsbury's Laws of England, 4th edn., Volume 44, paragraphs 405 to 420).11. On the facts.... At no time was defendant 3 acting as an agent of the plaintiff. There is no express or implied contract which is enforceable by the plaintiff. (See Halsbury's Laws of England, 4th edn., Volume 9...he has been damnified by reason of the defendants' failure to carry out the obligations arising under what he calls a contract.8. In Halsbury's Laws of England (4th...
...stated in Halsbury's Laws of England, Third Edition, Volume 6, page 534, para 1035:
"The words 'just and equitable' in the enactment specifying the grounds f...observed that,
".......... it is in accordance with the laws of England, of Scotland and of Ireland that the ejusdem generis doctrine (as supposed to have been laid by Lord...213 1955 SCR (2)1066
ACT:
Indian Companies Act, 1913 (VII of 1913), s. 153-C sub- clause (3)(a)(i) and s. 162 (v) and (vi)-Application for an order under s.153...
....
(2) (1945) A.I.R. Lah. 85.
(3) See page 237 of Halsbury's Laws of England, 2nd edition, Volume ...matter, one of the questions mooted is, when the election begins. The subject is dealt with quite concisely in Halsbury's Laws of England in the following passage(s) under the heading" Commencement...proceedings may not be unduly retarded or protracted. In conformity with this principle, the scheme of the election law in this country as well as in England is that no signif- icance should be attached...