...most the evidence which he relies upon, the conduct of the family, could have no greater effect than to corroborate the secondary evidence of the contents of the deed, i...1. The facts necessary to the understanding of this case are as follows:- Romanath Lahiri, who died in October 1831, had five sons, and left a widow, who died in the year 1849. One of his...since substituted, but it will be convenient to treat her as the plaintiff. She sued as defendants, three members of the family, viz., the widow of Sibnath, the youngest son of Lahiri, wh...

...right is not absolute or unconditional. It is only a particular aspect of the citizen's right to personal freedom, and, like other aspects of that right, is qualified by various legal limitations, either b...Section 2(k) of the statute.10. It should be noticed that Section 25-C of Chapter VA provides for compensation to workmen who are laid-off...by common law. Such limitations are inevitable in organized societies, where the rights of individuals may clash. In commercial affairs, each trader's rights are qualified by the...

...date of the suit, he had been out of possession of those villages for nearly sixty years, his claim is barred by the Statute of Limitations, and this appeal fails”. ...Pillai and (2) what would be the legal position if the testator had conferred a limited trusteeship upon Subbu Pillai for the duration of his life-time. On the second aspect it was held that, on S...view that Ramalinga did not think of any other aspect concerning the devolution Of trusteeship and he was content to confer an absolute heritable trusteeship upon Subbu Pillai. In other words, we are...

...any implied limitations on any of the powers conferred under a statute or Constitution.661. It was strenuously urged on behalf of the Union and the States ...legally enforceable outside the provisions of the Constitution and the statute, and have to be granted by the constitutional or statutory provisions, and to the extent and subject to such...limitations which are said to be created by the preamble. It is not necessary to further dilate upon this aspect because I am of the view that the principle of construction is that refere...

...-constitutional legislations, the sacrosanct position of the right to privacy had been legislatively recognised inasmuch as special procedures had been established in such laws while introducing limitations on any ....12. The second aspect relating to the right to privacy in the context of State action relates to data, which is shared either by law or otherwise with the State. Such ...privacy has been infringed by the State will have to be determined in light of limitations on the discretionary exercise of power by the State, as enunciated above. That determination will ultimat...

...certain other factors, namely, deluge in Bombay in the year 2005 as also the requirements of the entire population of Bombay from environmental aspect. Such factors cannot be taken into considerat...departments. On this aspect, the views of the Urban Development Department were that in view of the prevailing Regulation 58 which required sharing of lands after demolition under Regulat...interest in general and not only a particular aspect of public interest; (e) interest and rights of owners; (f) the interest of a sick and closed industry; and (g) schemes framed by BIFR for revival ...

...examined. The scope of revisional jurisdiction has been indicated by the Supreme Court of India in a number of decisions. The Scope has been determined depending upon the terms ...appellants. The further fact is that Puran had sold the land in question to number of persons. This aspect of the matter was noticed by the learned Single Judge. The individuals .... This is one aspect of the matter. 3. Learned counsel appearing for the appellant/writ-petitioner submits that the scope of section 21 (2) of ...

...the impugned order held that the limitations placed on the Special Court under Section 37(2) of the NDPS Act cannot be read as fetters on the High Court in exercise of powers und...offence while on bail.(2) The limitations on granting of bail specified in clause (b) of sub-section (1) are in addition to the limitations under the Code...limitations placed on the Special Courts cannot be read as fetters in its exercise of the powers under Section 439 CrPC. In this context, the Division Bench referred to sub-sections (8) and (9) of...

...mean “all”. We are of this opinion in view of the fact that this section confers a right of appeal on any person aggrieved. A right of appeal, it is well settled, is a creature of statute...an inherent right, like that of filing a suit. A right of filing a suit, unless it is barred by statute, as it is barred here under Section 34 of FEMA, is an inherent right (see Section 9 of the...Civil Procedure Code) but a right of appeal is always conferred by a statute. While conferring such right a statute may impose restrictions, like limitation or pre-deposit of penalty or it may limit the...

...Statute of Limitations. The debt is of course long since birred, and all claims under the original security are no v barrel also, for in this aspect of the case ...1. The facts connected with this appeal are stated in my judgment delivered on the 1st of August 1916 and it is unnecessary to repeat them. It may, however, be well to summarise the...result of the findings of the Court below upon the issues referred in conjunction with the statements made by the learned Counsel upon each side as to the mortgages. It appears t...

...essentially turns on the language of the statute investing the jurisdiction. The decisions relied upon by Shri Harbans Lal, deal, in the first case, with the limitations...statutes as “bona fide requirement”, “reasonable requirement”, “bona fide and reasonable requirement” or, as in the case of the present statute, merely referred to as “landlord requires for his own use...powers do not extend to interference with and upsetting of findings of fact, it needs to be observed that, subject to the well known limitations inherent in all revisional jurisdictions, the matter...

...such particulars as the Government may direct either generally or in any particular instance in this behalf. The said provisions are also subject to the inherent limitations of the ...has been exercised in bad faith. The limitations which apply to the exercise of administrative or quasi-judicial power conferred by a statute except the requirement of natural justice als...the year 1902. It is a pre-constitutional statute. It is applicable to the entire State of Kerala. The provisions of the said Act seek to control and regulate various categories ...

...statute whereby the risk to gratuitous passengers could also be covered. In such cases where the policy is not merely a statutory policy, the terms of the policy have to be considered to determine...terms of and subject to the limitations of the indemnity which is granted by this section to the insured the company will indemnify any driver who is driving the motor car on ...observe, fulfil and be subject to the terms, exceptions, conditions and limitations of this policy insofar as they can apply.”7. Under the heading General Exceptions, the...

...Act to be cognizable. Clause (b) imposes limitations on granting of bail specified therein which are in addition to the limitations under the Code of Criminal Procedure on granting of bai...sub-section (2) of Section 37. Clause (b) of sub-section (1) specifies the two limitations on granting of bail, namely, (1) an opportunity to the Public Prosecutor to oppose the bail appl...Additional Solicitor General contends that these limitations on granting of bail specified in clause (b) of sub-section (1) of Section 37 indicate that the applicability of the proviso to...

...the particular problem for which it is used......……. And so the question is not whether a statute of limitations is deemed a matter of "procedure" in some sense. The question is whether s...all confusion and doubt, if there be any, in the matter of principles to be kept in view for determining the nature of the particular provision of the Statute, the dictu...invariable formulae to determine whether a provision is mandatory or directory. The broad purpose of the statute is important. The object of the particular provision must be considered. ...

..., ignoring the mandatory provisions of Section 37 of the NDPS Act. The learned counsel contended that the High Court lost sight of the restrictions and limitations impos...with his application for grant of bail, in addition to the broad principles to be applied in prosecution for the offences under the Penal Code, 1860 the relevant provision in the said special ...bail.(2) The limitations on granting of bail specified in clause (b) of sub-section (1) are in addition to the limitations under the Cod...

...a provision imposing penalty and not to those parts of the statute which contain machinery provisions and by no stretch could Section 33-B be regarded as a charging provision. As regards aspect (c...whole statute.14. In the result, we are of opinion that the answer given by the High Court to the second aspect of the secon...the aspect that, unlike second proviso to Section 34(3) there was no provision removing or relaxing the bar of limitation on the power of the Commissioner under Section 33-B(2)(b). ...

...rejected by the High Court. The High Court held that the principle that a taxing statute which levies a compensatory or regulatory tax is not invalid which has been laid down by the majority decision ...effect to the provisions of the Act, the State Government may pass an order in that behalf, subject to the limitations prescribed by the said section. That, broadly stated, is ...12. In view of the recent decisions of this Court Mr Sastri also concedes that taxing statutes are not beyond the pale of the constitutional limitations p...

.... Counsel submitted that in view of the section 11 of the A&C Act and the amended provisions of Section 11, this Court is not required to delve into this aspect. Therefore, learned co...applicable statute of limitations is classified as substantive (extinguishing the claim) or procedural (barring the remedy) in the private international law sense...submitted that the present petition is within limitations. 21. Learned counsel for the petitioner has placed reliance upon Steel Authority of India...