...JudgmentMohori Bibee and another Vs. Dharmodas Ghose Mohori Bibee and another Vs. Dharmodas Ghose Options Dock |Print |PDF | |[pic] |[pic] | Court : Kolkata Reported in : (1903)30IndianAppeals114 Judge : Lord Macnaghten; Lord Davey; Lord Lindley; Sir Ford North; Sir Andrew Scoble; Sir Andrew Wilson, JJ. Decided On : Mar-04-1903 Acts : Indian Evidence Act, 1877 - Section 115; Indian Contract Act - Sections 41, 19, 64, 65 Appellant : Mohori Bibee and another Respondent : Dharmodas Ghose Advocate for Respondent : W.W. Box, Adv. Advocate for Appellant : Watkins; Lempriere, Advs. Judgment: SIR FORD NORTH, J. On July 20, 1895, the respondent, Dhurmodas Ghose, executed a mortgage in favour of Brahmo Dutt, a money-lender carrying on business at Calcutta and elsewhere, to secure the repayment of Rs. 20,000 at 12 per cent. interest on some houses belonging to the respondent. The amount actually advanced is in dispute. At that time the respondent was an infant; and he did not attain twenty-one until the month of September following. Throughout the transaction Brahmo Dutt was absent from Calcutta, and the whole business was carried through for him by his attorney, Kedar Nath Mitter, the money being found by Dedraj, the local manager of Brahmo Dutt. While considering the proposed advance, Kedar Nath received information that the respondent was still a minor; and on July 15, 1895, the following letter was written and...
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...Company Respondents 1915 AD 100 Appellate Division, BLOEMFONTEIN. 1915. February 2, 3. INNES, C.J., SOLOMON, J.A., and DE VILLIERS, A.J.A. Flynote Contract. --- Reward. --- Animus contrahendi. --- Contractual privity. Headnote After certain property had been stolen a reward was offered to any person giving information which would lead to the arrest of the thieves and the recovery of the property. The appellant and others claimed this reward for information given by them. Held, on appeal, that the information given by appellant led to the arrest of the thieves and the recovery of the bulk of the stolen property. Held further, that the information had been given by appellant before he had any knowledge of respondents' offer of a reward, and that, in consequence, he was not entitled to recover, as the right to recover was dependent on contractual privity. The decision of the Cape Provincial Division in Sephton and Others v The American Swiss Watch Company (1913, C.P.D. p. 1024) affirmed. Case Information Appeal from the decision of the Cape Provincial Division (HOPLEY, J.). On the 13th of March, 1913, a robbery took place at the premises of the defendant company, and jewellery to the value of £5,000 was forcibly taken. In the Press of the following day a reward was offered by defendants of £500 for information to he given to the C.I.D. by any person which would lead to the arrest of the thieves and the recovery of the stolen property. If the information led only to the recovery of a...
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...FINAL PROJECT OF LABOUR LEGISLATIONS Submitted by:- Devina Asthana Khushboo Asthana Isha anand Neha soni Case on industrial disputes PETITIONER: ANAND BIHARI AND ORS. Vs. RESPONDENT: RAJASTHAN STATE ROAD TRANSPORT CORPORATION, JAIPUR THROUGH IT DATE OF JUDGMENT: 20/12/1990 BENCH: SAWANT, P.B. AGRAWAL, S.C. (J) CITATION: 1991 AIR 1003 1990 SCR Supl. (3) 622 1991 SCC (1) 731 JT 1990 (4) 794 1990 SCALE (2)1286 Summary - Corporation--Drivers--Occupational hazards Development of defective, weak or sub-normal eye-sight in the course of employment--Pre-mature termination of services--Held termination was not retrenchment and consequent compliance with section 25-F not necessary--But termination held unjustified and inequitable--Scheme formulated by the Supreme Court. For relief to drivers--Directions for giving retirement benefits, providing alternative jobs and payment of compensatory amount proportionate to length of service rendered by the drivers. Matter/facts - The termination of services of helper (in C.A.No. 1862) was unjustified and also illegal being in contravention of the provisions of Section 25-F of the Act. The High Court erred in treating his case on par with cases of other drivers. The appellant-workman will, therefore, be entitled to his retirement benefits as a driver from the date of his employment as a helper. He would further be entitled to be reinstated in service as a helper with all arrears...
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...1 JAUFFUR A.F. v THE COMMISSIONER OF INCOME TAX 2005 PRV 6 Privy Council Appeal No 6 of 2005 Abdul Raouf Jauffur v Appellant Respondent The Commissioner of Income Tax FROM THE SUPREME COURT OF MAURITIUS ----------------- JUDGMENT OF THE LORDS OF THE JUDICIAL COMMITTEE OF THE PRIVY COUNCIL Delivered the 21st June 2006 ----------------Present at the hearing:- Lord Nicholls of Birkenhead Lord Steyn Lord Hutton Lord Walker of Gestingthorpe Lord Mance ---------------[Delivered by Lord Walker of Gestingthorpe] 1. Many countries have found that the complexity of their social organisation and legislation calls for the establishment of specialised tribunals to serve as the first port of call for citizens who wish to contest official decisions on such matters as taxation, social security, and planning permission. Such specialised tribunals (which are not courts) perform the function of ascertaining and evaluating the facts relevant to a matter within their special expertise. There is almost invariably a right of appeal from a specialised tribunal to a court, but often the appeal is restricted to questions of law. 2 2. This appeal is concerned with the Tax Appeal Tribunal established by the Tax Tribunal Act 1984 (since repealed, but in force during the relevant period). By section 3 of that Act the tribunal was to comprise (as Chairman and Vice-Chairman) two barristers of at least ten years’ standing appointed by the Public Service Commission and (subsection...
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...International Legal and Ethical Issues Law/421 February 12, 2013 Danny Richey International Legal and Ethical Issues When dealing with International transactions one needs to know how to resolve legal disputes, know some practical considerations of taking legal actions against foreign businesses in another country and what factors could work against CadMex’s decisions to grant sublicensing agreements. Resolving legal disputes internationally requires a different handling of transactions. A contract for the International Sale of Good is a common choice of law as it protects more than local laws. Factors that should be considered are: which country’s court should have jurisdiction to try the legal dispute, which country’s law should be applied to resolve the dispute, and whether any foreign judgment obtained abroad might be enforced in the home country. It is important to consider International arbitration, as it is recognized more internationally then local courts only. Reaching an agreement is quick and less expensive. One of the most important considerations a company must take into account is that not all countries have that same legislation as the Unites States. You have to make sure to look into the rules and laws of the country in which you will be conducting business in. If a case is filed the country has the authority to refuse any additional business transaction in that specific country. Other considerations is the loss financially...
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...Legal Methods and Process The Affordable Care Act ensures your right to appeal health insurance plan decisions which is when you ask that your plan to reconsider its decision to deny payment for a service or treatment. New rules that apply to health plans created after March 23, 2010 spell out how your plan must handle your appeal (usually called an “internal appeal”). If your plan still denies payment after considering your appeal, the law permits you to have an independent review organization decide whether to uphold or overturn the plan’s decision. This final check is often referred to as an “external review.” Many states offer help to consumers with health insurance problems. The Affordable Care Act improves these services with grants that help states start or strengthen Consumer Assistance Programs (CAPs). The states and territories that applied for these grants have received funds provide residents direct help with problems or questions about health coverage. Whether or not your state has a Consumer Assistance Program, you have rights under the health care law, including the right to appeal decisions made by your health insurance provider. If your state does not have a Consumer Assistance Program, some state and federal government offices may still be able to help you determine your rights and solve problems. Florida does not operate a Consumer Assistance Program under the Affordable Care Act. The new consumer protections and benefits of the law still...
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...2013 AJS/502 Professor John Baiamonte, Jr. In the United States every person is given the right to pursue life, liberty, and freedom. When people fail to comply with the laws of the United States there is a penalty that comes with failing to obey the laws. In the United States the court system consist of the federal court system and each state court system. States are given the right to enact laws and regulations that is best for the interest of each citizen of that state. Many states have laws that other states do not have. Each state is different but is ultimately rule by the federal government. In Texas the court system consist of Justice Court, Municipal Court, County-Level Court, District Court, Court of Appeals, Supreme Court, and the Court of Criminal Appeal. Texas leads the nation in execution and one of the largest populations of offenders incarnated in the free world. Texas seems to practice a policy of being "tough on criminals," reflecting the belief of most Texans that a strong deterrence is the most effective crime-fighting policy. Texas has the highest incarceration rate of any state or Western industrialized nation and is the leading state in both sentencing people to death and the number of prisoners executed (Dille, 2008). The Texas court system is built around a primary county. These counties are name county seats. These counties are the location of all major court system. Each town has a jail system and host minor court hearings. The major court cases are...
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...may think that court laws are all the same; in some cases you are right. In Pennsylvania the court systems are very different of the federal system. State courts State courts and federal courts deal with the same outcome; some order of justice. Whether it is on a state level or a federal level they are looking for the same outcome, to get to the bottom of a problem and fix it. State and Federal court laws are both made up of different levels. A state court system is made up of Minor Courts(non- jury criminal and civil cases), Court of Common Pleas(appeals from minor courts and family court), Superior Court(appeals from family court and civil courts), Commonwealth Courts(civil action against common wealth), and Supreme Courts(Requests for Discretionary Appeals from the Commonwealth Court and Superior Court). Federal courts are made up of (United States) Supreme Court are cases about the constitutional law, Court of Appeals are cases about specialty cases that involve international trade and federal claims, District Court can hear all federal cases criminal or minor cases. Bankruptcy cases can be filed here, Bankruptcy Court only bankruptcy cases are filed here. Court of Special Jurisdiction is for the military cases. State laws are only effect the state in which the laws are made and broken. Each state has a different system in which they run the law. Federal laws are effect for the whole nation. Every state must follow the rules of the federal government. No state law can...
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...| THE CIVIL COURTS ACT, 1887 (ACT NO. XII OF 1887). [11th March 1887] 1 An Act to consolidate and amend the law relating to Civil Courts in Bangladesh. WHEREAS it is expedient to consolidate and amend the law relating to Civil Courts in Bangladesh; It is hereby enacted as follows:- CHAPTER I PRELIMINARY Title, extent and commencement 1. (1) This Act may be called the 2[ * * *] Civil Courts Act. (2) It extends to Bangladesh except such portions 3[ thereof] as for the time being are not subject to the ordinary civil jurisdiction of the High Court Division 4[ * * *]; and (3) It shall come into force on the first day of July, 1887. [Repealed] 2. (1) 5[ Repealed by the Amendment Act, 1891 (Act No. XII of 1891)]. (2) [Omitted by the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973), section 3 and 2nd Schedule.] (3) Any enactment or document referring to the Bengal Civil Courts Act, 1871, [or East Bengal Civil Court Act] or to any enactment thereby repealed, shall be construed to refer to this Act or to the corresponding portion thereof. CHAPTER II CONSTITUTION OF CIVIL COURTS Classes of Civil Courts 6[ 3. There shall be following classes of Civil Courts, namely:- (a) the Court of the District Judge; (b) the Court of the Additional District Judge; (c) the Court of the Joint District Judge; (d) the Court of the Senior Assistant Judge; and (e) the Court of the Assistant...
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...Memorandum of Law To: Al Smith, Senior Partner From: Research Associate RE: State and Federal Court System for California: Bob v. Al, Kathy, Dan Date: January 3rd, 2012 Questions Presented I. Overview of the State and Federal Courts in California. II. Which California court or courts hold jurisdiction for the amount in controversy in the three lawsuits that Bob wants to file? III. Why should Bob file his lawsuits in a particular court or courts? IV. Which case Bob must represent himself? Statement of Facts Our client Bob resides in Los Angeles, California and has asked for our advice in three separate cases in which he has loaned people money. In the first case, Bob loaned $500 to Al. Al signed a promissory note which says that Al will repay the loan in one month. Al has not paid anything. In the second case, Bob loaned $7,000.00 to Cathy 14 months ago. Cathy signed a promissory note which states that she would pay the note in full in 12 months. She has not paid. In the third case, Bob loaned $55,000 to Dan 24 months ago. Dan signed a promissory note stating he would repay the loan in 18 months. Dan has paid nothing. Al, Cathy, and Dan all reside in Los Angeles, California. California Statutes of Limitation Written agreements (promissory note): 4 years, calculated from the date of breach. Oral agreements: 2 years. The statute of limitation is stopped only if the debtor makes a payment on the account after the expiration...
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...The tort law case I have selected is Federal Aviation Administration et al v. Cooper. This case (No. 10-1024) was brought before the United States court of appeals by writ of certiorari and argued on November 30, 2011. Justice Alito delivered his decision on March 28, 2012. The facts of the case are as follows: The respondent (Cooper) was a licensed pilot who worked for the FAA. Cooper was diagnosed with human immunodeffiency virus (HIV) which would have prevented him from receiving the necessary medical certificates necessary to operate aircraft under FAA regulations at the time. He intentionally withheld that information from the agency on several occasions in order to receive continued renewals of his medical license certificates under FAA regulations. During this time Cooper applied and received long-term disability benefits from the Social Security Administration (SSA). In an attempt to identify medically unfit individuals who were obtaining FAA certifications, the Department of Transportation (DOT) provided the SSA with a list of names of licensed pilots to cross reference with their database in order to identify individuals who were receiving disability benefits while concurrently holding FAA flight certifications. Respondents name was discovered and subsequently his license was revoked and he was indicted for making false statements to a Government agency. Mr. Cooper was fined and sentenced to probation. Later on he filed suit against the Government claiming...
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...Judicial Review: proposals for reform December 2012 Consultation Paper CP25/2012 Consultation start date: 13 December 2012 Consultation close date: 24 January 2013 Judicial Review: proposals for reform Presented to Parliament by the Lord Chancellor and Secretary of State for Justice by Command of Her Majesty December 2012 Cm 8515 £16.00 © Crown copyright 2012 You may re-use this information (excluding logos) free of charge in any format or medium, under the terms of the Open Government Licence. To view this licence, visit http://www.nationalarchives.gov.uk/doc/open-government-licence/ or email: psi@nationalarchives.gsi.gov.uk Where we have identified any third party copyright material you will need to obtain permission from the copyright holders concerned. Any enquiries regarding this publication should be sent to Michael Odulaja, Administrative Justice, Court and Tribunal Fees and Coroner’s Policy Team, Ministry of Justice, Post Point 4.34, 102 Petty France, London, SW1H 9AJ. This publication is available for download at www.official-documents.gov.uk and on our website at www.justice.gov.uk ISBN: 9780101851527 Printed in the UK by The Stationery Office Limited on behalf of the Controller of Her Majesty’s Stationery Office ID 2529331 12/12 Printed on paper containing 75% recycled fibre content minimum. Judicial Review: proposals for reform Contents Foreword 1. Introduction 2. Background 3. The case for change 4. Time limits for bringing a claim...
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...Title • Messa (P) v. Sullivan & Keyman’s club (D, A) Citation: what court or reporters • Court: Appellate Ct of IL, First District, First Division • Cited as: 61 Ill.App. 2s 386, 209 N.E. 2d 872 Author: judge • Judge Burman Facts: • P suffered injury at the Keyman’s Club bldg, Chicago: 1st and 2nd fl has many stores (bowling alley, barber shop, acocktail lounge, banquet and meeting rooms), 3rd fl for a labor union office, and 4th fl empty. 5th fl is residence for Sullivans and no other use on the 5th fl. The D’s apt has safe, furniture, personal property, 3-year old German Shepherd for safe-keeping of the club’s property in the apt. • There are signs on the exterior and on a bldg directory in the lobby. • No notices that the 5th fl is used as a residence and not for commercial or business purposes. • Automatic elevator for all the floors accessible as one entered the bldg from Madison Street and walking through bldg lobby passing bldg office(left side). • June 12, 1961, P (deaf mute) entered bldg about 2 pm for the purpose of selling printed cards depicting the deaf and dumb alphabet. Her first time at the bldg. P passed the bldg’s office where a woman was sitting, took the elevator to the 5th fl. The door of the elevator opened automatically at 5th fl but she had open (swung outward) a second door (said heavy). P turned left toward the apt door. At that point, D’s dog ran out of the door and jumped on the P. P testified, "... the dog bit me on...
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...(1994) Court Rendering Final Decision: U.S. Supreme Court Identification of Parties and Procedural Details: Acuff-Rose Music, Inc (plaintiff) sued 2 Live Crew (defendant) because of copyright infringement. District Court of appeals held that the commercial nature of the parody made its acceptance unfair. The court also felt that 2 Live Crew took the heart of the original and made the heart of a new piece of work. Meaning 2 Live Crew had based on some quality copied excessively from the original piece of work. Court. 2 Live Crew appealed to the U.S. Supreme Court. Discussion of the Facts: Who did what to whom? What relief is being sought? Acuff-Rose Music, Inc claims that a parody of copyrighted work is not fair use if the parody has a commercial purpose and copies the heart of the original. The court wanted to try and leave some type of platform in the law for the creation of legitimate parodies of copyrighted work. Statement and Discussion of the Legal Issues in Dispute: What decision of the lower court is being challenged? What specific legal questions is the subject court being asked to address? Is the question about Common-Law? A Statute? Acuff-Rose Music Inc is challenging the Circuit Court of Appeals ruling that the district court believe the rap version was in fact a fair use and by doing so granted judgment in favor of 2 Live Crew. The specific legal question of the court being addressed is can a parody of a copyrighted work be fair...
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...State of Confusion Paper This paper will cover a law suit that Tanya Trucker is bringing to the State of Confusion court system. Tanya lives in the State of Denial. The state of Confusion has enacted a statute requiring all trucks and towing trailers who use its highways to use a B-type truck hitch. Tanya, who owns a trucking company, is concerned with the cost of changing her towing hitches will adversely affect her business. Before Tanya files the law suit certain questions have to be asked and answered. These questions are which court will have jurisdiction over this case, is the statue constitutional, what provisions of the U.S. Constitution will be applied by the courts to determine the statue’s validity, and finally the steps to filing a civil suit. What Court will have Jurisdiction of Tanya’s Suit? Tanya Trucker’s residence is in the state of Denial and she wants to file a law suit against the state of Confusion. Therefore, the federal court will have jurisdiction over this case. “A case may be brought in federal court if there is diversity of citizenship” (Cheeseman, 2010, p. 12). Tanya Trucker can file a law suit in the federal court for violating the commerce clause of the constitution. The constitution says that the interstate commerce commission can pass laws to regulate the transportation of goods between states. Is the Confusion Statue constitutional? The statute that the State of Confusion passed is not constitutional. The interstate commerce clause shows...
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