Court : Supreme Court of India
Reported in : AIR1960SC845; 3SCR250
..... 3(a) or (b). 39. as an illustration of the procedure which can be adopted by parliament in making a law for absorbing newly acquired territory we may refer to the chandernagore merger act, 1954 (act xxxvi of 1954), which was passed on september 29, 1954, and came into force as from october 2, 1954. chandernagore, which was a ..... in the list of entrenched provisions of the constitution enumerated in the proviso. it is not for us to enquire or consider whether it would not be appropriate to include the said two articles under the proviso. that is a matter for the parliament to consider and decide. 54. we would accordingly answer the ..... as if the state or the group of states formed part of a governor's or a chief commissioner's province specified in the order;'. 14. section 290-b(1) provides that the governor-general may by order direct for the administration of areas included within the governor's province or a chief ..... of the whole in the case of jalpaiguri but which constituted an area not in any natural sense contiguous to another non-muslim area of bengal ?' 8. it appears that the members of the commission were unable to arrive at an agreed view on any of the major issues, and so the chairman ..... become a part of pakistan and is now known as east pakistan. 6. berubari union no. 12, with which we are concerned, has an area of 8.75 sq. miles and a population of ten to twelve thousand residents. it is situated in the police station jalpaiguri in the district of jalpaiguri, which .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1962Cal248
..... in the berubari case, : 3scr250 : (supra). gajendragadkar, j., gave an illustration of this procedure and referred to the chandranagore (merger) act itself. the learned judge said as follows:-'as an illustration of the procedure which can be adopted by parliament in making a law for absorbing newly acquired territory we may refer to the chandernagore merger act, 1954 (act xxxvi of 1954), which was ..... were being administered as if they formed a part of that province and the territories of chandernagore as defined under clause (c) of section 2 of the chandernagore (merger) act, 1954 and also the territories specified under sub-section (1) of section 3 in the bihar and west bengal transfer of territories) act, 1956'.3. article 3 of the constitution lays down that 'parliament may by ..... follows;-1. the two deeds being executed before the appointed day, section 17 of the merger act has no application. 2. no, 'removal of difficulty' order having been made under section 19 of the chandernagore (merger) act, regarding the estate duty act and 'taxable territory' not having been defined as in the income-tax act the payment of tax is illegal. 5. so far as ..... of article 368, and it is sufficient if the statute itself contains the proposed amendment to the first schedule. i have already pointed out that under section 4 of the chandernagore (merger) act, there was provision for the amendment of the first schedule. it may then be asked as to why the schedule was amended in 1956 by incorporating .....Tag this Judgment!
Court : Kolkata
Reported in : 43ITR59(Cal)
..... . the learned judge said as follows :'as an illustration of the procedure which can be adopted by parliament in making a law for absorbing newly acquired territory we may refer to the chandernagore merger act, 1954 (xxxvi of 1954), which was passed on september 29, 1954, and came into force as from october 2, 1954. chandernagore, which was a french government, in agreement ..... or were being administered as if they formed a part of that province and the territory of chandernagore as defined in clause (c) of section 2 of the chandernagore (merger) act, 1954, and also the territories specified under sub-section (1) of section 3 of the bihar and west bengal (transfer of territories) act, 1956.'article 3 of the constitution lay down that parliament may by law, either ..... as follows :1. the two deeds being executed before the appointed day, section 17 of the merger act has no application.2. no removal of difficulty order having been made under section 19 of the chandernagore (merger) act, regarding the estate duty act and taxable territory not having been defined in the income-tax act, the payment of tax is illegal.so far as the first point is ..... the purposes of article 368 and it is sufficient if the statute itself contains the proposed amendment to the first schedule. i have already pointed out that under section 4 of the chandernagore (merger) act, there was provision for the amendment of the first schedule. it may then be asked as to why the schedule was amended from the objects and reasons .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1964SC1043; 6SCR461
..... survival of an imperialistic system the remedy lies not with us but with the legislature or with the appropriate government by granting recognition to the private rights of the inhabitants of a newly acquired territory. thus while according to one view there is a state succession in so far as private rights ..... view of the forthcoming integration of (,lie territory of indian states into the dominion of india, the government of india act, 1935, was amended and s. 290-a was inserted. in exercise of the powers conferred by that section, the governor-general of india promulgated the states merger (governor provinces) order, 1949, on ..... 30, 1957, dismissing the suit. the plaintiffs- respondents filed five second appeals, being second appeals nos. 105, 106, 107, 112 and 193 of 1960 in the high court of gujarat. the appeals were heard together and were allowed on january 24, 1961 with the result that the suits were decreed ..... the undertakings were furnished, passes were issued to the contractors. in april 1949, however, the work of all the contractors was stopped and on july 8, 1949, government sent a communique to the collector of panch mahals repudiating the tharao of march 12, 1948. in this letter it was stated as ..... held that after mayurbhanj state had merged with the province of orissa the two money claims of the appellant against the maharaja of mayurbhanj state were not enforceable against the orissa state on the ground that the act of state did not come to an end till the claims made by the .....Tag this Judgment!
Court : Mumbai
Reported in : (1961)63BOMLR442
..... as contended by mr. munshi they could themselves be termed as acts of state. the acquisition was complete on the merger agreement coming into force. then started the process of integration of the acquired territory, first, with the dominion of india, and then with the ..... . a.i.r. nag. 215, it was held that in a ease where taxes were illegally recovered, the money was recoverable under section 72 as payment made under coercion. in the course of the judgment the learned judges observed (p. 217) :the ..... after the baroda. state executive rules came into force; and it does not also seem that the rules were ever appropriately amended as suggested in this note. even this limited power of revising its own decisions as recommended in this note ..... relating to salaries and allowances to be paid to public servants in the civil service of baroda state. the orders dated february 8, 1948, were in the nature of supplementary provisions regulating payment to be made to members of public service. these orders ..... and also section 18. his contention was that such matters had been always left to be dealt with solely by the legislature under the act; and the hazur order making as it did an entirely new and unforseen provision of expenditure from the ..... remained in suspense.resumption was thus not an arbitrary act of sovereign power against an independent state.74. their lordships of the supreme court have in state of saurasktra v. memon haji ismail : 1scr537 , referred to a passage in the judgment .....Tag this Judgment!
Court : Madhya Pradesh
Reported in : AIR1960MP330; 43ITR184(MP)
..... it was only thereafter that rights accrue to the residents of those territories as subjects of that sovereign. the learned judge then proceeded to say that 'no act done or declaration made by the new sovereign prior to his assumption of sovereign powers over acquired territories can quoad the residents of those territories be regarded ashaving the character of a law conferring on them rights ..... to forbear from imposing any tax. while considering the question whether any obligation of the former gwalior state devolved first on the state of madhya bharat and then on the appropriate government, the material point is not whether the obligation could or could not have been abrogated.it is whether at the time of devolution it was a fully constituted ..... leave any liberty to the state of madhya bharat to repudiate it. if, therefore, a ruler had undertaken an obligation towards a person before the merger of his state in madhya bharat, then the effect of section 3 is to make that obligation an obligation of the state of madhya bharat and to enjoin upon the state of madhya bharat to discharge ..... therefore, necessary to examine in some detail the determining considerations, which are partly general consisting in the history of the matter and partly particular comprising of the relevant statutory provisions.8. the first question to be decided is whether tile agreement concluded between the petitioner and the gwalior government on 7-4-1947 cast any binding obligation on the gwalior government .....Tag this Judgment!
Court : Madhya Pradesh
Reported in : AIR1962MP348; 1962MPLJ692
..... the rights and privileges ceded to them in as ample a manner as if acquired by conquest or cession by virtue of section 1, foreign jurisdiction act.it was further held that the agreement gave the british government full sovereign rights over the territory and they had a right to recognize or not to recognize the existing, ..... 1947, for rs. 80,000/- as referred to above.3. the madhya pradesh government took over the administration of sarguja state on 1-1-1948 after merger. the court and the secretariat buildings were also taken possession of by the madhya pradeah government.defendants 1 and 2, both failed to pay the amount of ..... new sovereign came up for consideration before the supreme court in jagannath agarwala v. state of orissa civil appeal nos. 666 and 667 of 1957 d/- 8-3-1961 : (air 1961 sc 1361). the salient facts were that jagannath agarwala who was the appellant in both the appeals urged that for establishing a ..... pertinent to observe that the denial of the execution of the pro-note in the written statement is a very vague one. under the provisions of order 8 rules 4 and 5, on account of the denial being not specific, the written-statement has to be read as if the execution of the pro ..... the promissory-note because the liability was never accepted by the state and was ultimately denied. the denial constituted an act of the state which could not be inquired into by the municipal courts. 8-9. as regards the first question, we may at once say that the point has no substance in it. .....Tag this Judgment!
Court : Gujarat
Reported in : AIR1961Guj151; (1961)2GLR343
..... subject of the ex-sovereign, such rights are conferred prior to the assumption by the new sovereign of sovereign powers over the acquired territory i.e., before the act of state terminates and the subject of the ex-sovereign becomes the subject of the new sovereign and those rights cannot, therefore, ..... the forests in respect of which rights had been granted to them by jagirdars as aforesaid. the jagirdars association thereupon made a representation to the appropriate authorities and as a result of the said representation, the conservator of forests, north western circle, issued an order dated 18th january 1949. ..... was transferred by the ruler of the sant state to the government of india under the merger agreement. the government of bombay in exercise of the powers conferred under section 4 of the said act made the administration of the indian states order on 2nd june 1948 for the administration of ..... ground for refusing to follow this judgment which, being a judgment of a division bench of the bombay high court given prior to 1st may 1960, is binding on this court. when, however, we find that the reasoning of this judgment of the bombay high court is contrary to ..... three subjects namely, defence. external affairs and communications which were transferred to the dominion of india. this constitutional position was clinched by clause 8 of the instrument of accession which provided that nothing in the instrument of accession shall affect the continuance of the sovereignty of the ruler in .....Tag this Judgment!
Court : Gujarat
Reported in : 255ITR365(Guj)
..... stated by thevasava himself in his letter dated august 29, 1953. one of the modes of acquisition of territory of a state is occupation. by such act of appropriation, the state intentionally acquired sovereignty over such territory as is at that time not under the sovereignty of another state. occupation differs from cession in that ..... his all 'daftar' and records of his administration together with all the account books have been seized and forcibly taken possession of ; all cash, moneys lying in his treasury have been forcibly removed ; and his places of abode and the residence in which he was living have been also forcibly ..... tribunal noted that the vasava was refunded rs. 1,24,365 on settlement of accounts as per the noting of the revenue department dated april 12, 1960. after the gujarat state was formed, 'the sagbara and mehwasi estates regulations, 1962' were framed, which came into force from december 1, 1962, ..... existing district or districts by this notification, as ordered in paragraph 9 thereof. 29. the government of india, by a notification published on june 8, 1948, in the bombay government gazette extraordinary, part w, page 243, appointed the collector of broach to be the district magistrate for 'rajpipla ..... the dominion of india under the merger agreement. only the property which the deceased had at the time of his death and which he was competent to dispose of, shall be deemed to pass on his death, as provided by section 6 of the estate duty act. since there was no property .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1993SC1804; JT1993(2)SC1; 1993(1)SCALE489; 1994Supp(1)SCC324; 1SCR891
..... %, is disproportionate. this again, has to be viewed in the historical development and the rules of apportionment of political power that obtained between the different groups prior to the merger of the territory in india. a parity had been maintained all through.75. we are of the opinion that the provisions in the particular situation and the permissible latitudes, cannot be said ..... -granting them which, in the majority of cases, would be a matter of contract or of executive action; or, alternatively, the recognition of old rights may be made by an appropriate statutory provision whereby rights which were in force immediately before an appointed date are saved. whether the new state has accepted new obligations by recognising old rights, is a question ..... nepali origin was with a view to ensure that neither of two sections of the population of sikkim acquires a dominating position due mainly to their ethnic origin. this was expressly provided in para 5 of the tripartite agreement of may 8, 1973 and section 7(2) of the government of sikkim act, 1974. clause (f) of article 371-f seeks to preserve the said ..... )94. it would be of considerable help to refer also to several observations made by gajendragadkar, j. on behalf of the bench of 8 learned judges of this court in re: the berubari union and exchange of enclaves: 1960 (3) scr 250, although the facts of that case were not similar to those before us. dealing with the treaty making power of .....Tag this Judgment!