Court : Gujarat
Reported in : AIR1965Guj248
..... corporations. consequent upon passing of the states-reorganisation act, 1958 the legislature passed the road transport corporations (amendment) act, 87 of 1956, whereby section 47a was introduced into the act. when the bombay reorganisation act, 1960, was passed, section 71 was introduced into that act, whereby section 47a was amended and a new section, section 48, was added to the act. section 47a, as amended, inter alia provides that where on account of reorganisation of states, the whole or any part ..... the notification no.s.o.1077 dated april 29, 1960, issued by the central government in exercise of powers conferred upon it by section 47a read with section 48 of the road transport corporations act, 64 of 1950, whereby the central government approved the scheme forwarded by the government of bombay relating to the re-organization on the bombay state road transport corporation and the dissolution of the ..... or an area assigned to him for that purpose, and therefore an application for a licence would be in respect of such vehicle or vehicles.(5) the road transport corporations act, 64 of 1950 was passed with the object of enabling state governments, who may desire, to set up transport corporations to provide an efficient and properly co-ordinated system of road transport .....Tag this Judgment!
Court : Karnataka
Reported in : AIR1958Kant184; AIR1958Mys184; (1958)36MysLJ150
..... question before he could act under sub-section (2) of section 22 of the said act.6. in order to appreciate this contention, it would be necessary to refer to some of the provisions of the bombay district municipal act, 1901 and the states reorganisation act, 1956. i have already referred to sub-sections (1) and (2) of section 22 of the bombay district municipal act, 1901. it would ..... not be necessary for me at this stage to refer to any other section of the said act. some other provisions of the said act would be material for me ..... such judge may, after such inquiry as he deems necessary, and subject to the provisions of sub-section (3), pass an order confirming or amending the declared result of the election, or setting the election aside. ....'it appears that the government of bombay, by a notification dated 29-7-1938 appointed the joint judges and the assistant judges in districts (within ..... the state of bombay), to hold inquiries into cases referred to for the determination by the district judge of that district, under sub-section .....Tag this Judgment!
Court : Mumbai
Reported in : 2007(4)BomCR784; 2007(5)MhLj454
..... . as from the appointed day, the constitution (scheduled tribes) order, 1950, shall stand amended as directed in the eighth schedule.in paragraph 9 the bench then observed as under:we may now consider sections 26 and 27 and also the viith and viiith schedules to the bombay reorganization act, 1960-. by virtue of the viith schedule, the tribes for the state of ..... 341 and 342 which set out 'in relation to that state' as also the presidential order of 1950 as amended in 1956 and then in 1960. this view will clearly run contrary to the state reorganization act, 1956 and the bombay state reorganization act, 1960. it is clear therefore, the view taken by both the division benches and possibly other benches which ..... state was latter bifurcated w.e.f. 1st may of 1960 into states of maharashtra and gujarat by the bombay reorganization act of 1960. sections 26 and 27 thereto referred to in the judgment of bankimchandra v. state of maharashtra reported at : 2006(2)mhlj664 , quoted elsewhere in this judgment effected amendments to the relevant parts of the presidential orders. these presidential ..... india with reference to the question of migrants. the case pertained to persons residing on the date of presidential notification in different parts of the same erstwhile state, which upon reorganisation became parts of different states. the petitioner therein, sudhakar, hailed from pandhurna, district : chhindwara and claimed at chandrapur (maharashtra state) to belong to halba, scheduled tribe. both .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1964SC1690; (1964)66BOMLR698; [1964(9)FLR324]; (1964)IILLJ639SC; 1965MhLJ73(SC); 7SCR639
..... were known as the provincial transport services, and the state transport, marathewada, became the commercial undertakings of the state of bombay. further, territorial changes occurred in the state of bombay in the year 1960. by the bombay reorganisation act, no. 1 of 1960, the state of bombay was again divided; part of what was in the former state, was formed into a new state by the name of ..... road transport corporation act, 1950. section 47a which was introduced by the amending act provides for the reconstitution, reorganisation and dissolution of the corporations established under s. 3 of the act. on december 31, 1956 an order was made by the central government under the provisions of this section approving a scheme for reorganisation submitted by the government of bombay. by this scheme those areas in which the bombay state road ..... words :- 'nothing in sub-paragraph (2) shall be deemed to affect the right of the maharashtra state road transport corporation, subject to the provisions of s. 77 of the bombay reorganisation act, 1960 (11 of 1960) to determine or vary after the appointed day, the conditions of service of any person who is continued in the service of the corporation'. 'provided that the conditions of .....Tag this Judgment!
Court : Mumbai
Reported in : AIR2000Bom211; 2000(2)ALLMR48; 2000(2)BomCR556
..... amended by the competent legislature or authority. in the year 1956, the state reorganisation act was enacted by the parliament. upon formation of new states, the local limits of respective high courts for the exercise of jurisdiction are the territories of the concerned states. the new state of bombay which was formed under section 8 of the act of 1956 was further reorganised under the bombay reorganisation act, 1960 ..... to be formed in the year 1956 under the act of 1956 was further reorganised under the bombay reorganisation act, 1960 (act of 1960). the appointed day of the said act is 1st of may 1960. under section 3 of the act of 1960, state of gujarat was formed comprising some of the territories of bombay and the residuary state of bombay was named the state of maharashtra. the territories which ..... notification issued by the government of gujarat in exercise of its powers under section 7 of the bombay land revenue code along with english translation of relevant extract, marked annexure c, the notification extending indian ports act, 1908 to the port of kandla with effect from april 1, 1950 marked annexure 'd' and the certificate by the deputy conservator, kandla port ..... 1944(2) all.e r. 293 , also see the observations of lord goddard in moore v. hewitt 1947(2) all.e.r. 270-a and penny v. nicholas 1950(2) all.e.r. 89 'per incuriam' are those decisions given in ignorance or forgetfulness of some inconsistent statutory provisions or of some authority binding on the court concerned, .....Tag this Judgment!
Court : Karnataka
Reported in : ILR1998KAR1532; 1998(2)KarLJ621
..... to declare that a temporary arrangement could never have been meant to stretch itself for that long. the provisions of the bombay act can therefore no longer be sustained for their constitutionality only on the beneficence of section 119 of the states reorganisation act.15. it is time now to examine whether there is any material difference between the scheme underlying the ..... the devotees, failing which the devotees select the matadhipathi after consulting matadhipathi of similar other maths. the registration of the math as a public trust under the bombay public trusts act, 1950 has been justified by the impleading applicants. it is also stated that the devotees had to initiate proceedings for the removal of the current matadhipathi on account ..... or modified such laws to make them uniform. the laws applicable to the regions that were merged in the new units were with that limited object in view continued on the grounds of necessity and expediency.4. in the case of karnataka, after reorganisation, apart from other laws applicable to ..... the states reorganisation act. the object underlying that provision, was to effectuate a quick transition without wasting time in any attempt to secure uniformity of laws which would have inevitably delayed the process of reorganisation. section 119 was to provide for the interregnum between the reorganisation of the states and the time by which the legislature of such states suitably amended, altered .....Tag this Judgment!
Court : Madhya Pradesh
Reported in : 1974MPLJ691; 34STC504(MP)
..... to be construed and exercised consistent with the provisions of the states reorganisation act. therefore, it was not open either to the state of madhya pradesh or the state of bombay to make such adaptations in the central provinces sales tax act which may go against the provisions of section 78 of the states reorganisation act. section 11-c inserted by the government of madhya pradesh and the ..... taking place in nagpur district prior to 1st november, 1950, could not be assessed by the state of madhya pradesh. it is pointed out that a similar amendment was made by the state of maharashtra in the central provinces sales tax act by a similar adaptation order.9. as a result of the states reorganisation act, the then existing state of madhya pradesh was divided ..... by this petition under article 226 of the constitution seeks to challenge an order of assessment of sales tax passed by the sales tax officer, chhindwara circle, on 23rd april, 1960. the period for which the tax was assessed by this order is from 1st october, 1953, to 26th december, 1968. the sales assessed relate to manganese ore raised from the ..... was also observed that the act nowhere provided any fixed period as unit of assessment. support was also taken from the decision of the supreme court in state of orissa v. chakobhai ghelabhai & co.  u s.t.c. 716 (s.c.) battulal's case m.p.l.j. 915 was followed in l.j. patel & co. v. commissioner of sales tax .....Tag this Judgment!
Court : Gujarat
Reported in : (1997)2GLR1530
..... gujarat. the petitioners have come up with the case that even under the provision of section 81(1) of the bombay reorganisation act, 1960, their service conditions were protected though change therein could have been there only with prior approval of the central government. in view of the amending provisions of the bombay reorganisation act, the right of the petitioners for being considered for promotion in the cadre carrying ..... held that the service conditions of the allocated employees cannot be changed to their disadvantage without prior approval of the central government under the provisions of section 115 of the state reorganisation act, 1956 and section 81 of the bombay reorganisation act, 1960. that decision has been accepted and circular has been issued by the respondents to give effect thereof. though option was also open to the respondents ..... advised either to revise the rules or to take appropriate action to get the approval of the rules framed by the central government as required under section 115 of the state reorganisation act, 1956 or section 81 of the bombay reorganisation act, 1960, and as such denial of the claim of petitioners for promotion is illegal, arbitrary and discriminatory.6. reply to this special civil application has not .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1992Bom435; 1992(3)BomCR494; (1992)94BOMLR984
..... be known as the state of andhra. part v of the state reorganisation act, 1956 (xxxvii of 1956), did it for certain new and reorganised states and part iv of the bombay reorganisation act, 1960 (xi of 1950) constituted and established a new high court for the state of gujarat created by the said act. all these acts were ordinary laws.'as stated hereinabove, this passage finds place in' para ..... this reported decision were that the petitioner before the high court indu bhushan challenged constitutionality and scope and ambit of calcutta city civil court act (no. 23/63) and amendment to the said act by the city civil court (amendment) act, 1969, increasing the pecuniary juris-diction of the city civil court. a content ion that was raised before the calcutta high court was as ..... in the matter of investing the city civil court with extended jurisdiction. 15. this judgment was rendered by a 5judge bench of the supreme court. the full court held that the impugned act was a law with ..... ultra vires the legislature of the province of bombay in so far as it dealt with the jurisdiction and powers of the high court and city civil court with respect to matters in list i of seventh schedule, govt. of india act, 1935; and (2) whether section 4 of the act was void as it purported to delegate to the provincial government legislative authority .....Tag this Judgment!
Court : Gujarat
Reported in : AIR1965Guj234a
..... of service personnel arose as a result of this bifurcation of the state of bombay and the parliament made the same provision in section 81 of the bombay reorganisation act, 1960 as it has made in section 115 of the present act. sub-section (4) of section 81 used identical language as sub-section (5) of section 115. sub-section provides that the central government ma by order establish one or more advisory ..... other a decision of a division bench of the high court of bombay in air 1960 bom 14. the decision of the privy council in r.venkata rao's case, 64 ind app 55: (air 1937 pc 31) related to rules made under section 96b, sub-section (2) of the government of india act, 1915, and it was held in that case by the judicial committee ..... of the constitution and if there is any conflict between them, the parliamentary legislation must be give way to the constitutional provisions. article 4 does not empower the parliament to amend the constitution under the guise of making supplemental, incidental and consequential provisions. the power is no doubt conferred on the parliament to make supplemental, incidental and consequential provisions but the ..... that the rules made under a statute shall be consistent with its provisions and, what is more, based upon a construction of the express provisions of the act.' since the rules in question in r.venkata rao's case, 64 ind app 55 : (air 1937 pc 31) relating to dismissal from service conflicted with the 'tenure at pleasure' of the crown under .....Tag this Judgment!