Court : Gujarat
Reported in : AIR1962Guj128; (1962)0GLR269
..... state immediately before the appointed day.'now it is obvious that the words 'law in force' in section 119 of the states reorganisation act, 1956, must bear the same meaning as those words in section 87 of she bombay reorganisation act, 1960, for both the sections were enacted for the same purpose namely, preserving the territorial extent and application, of laws which were in forces immediately before the appointed day. the legislature did not ..... want the territorial extent and application of laws in force immediately before the appointed day to be in any way disturbed or affected by ..... ., the day on which the state of gujarat came into being fell within the ambit of the words 'the law in force immediately before the appointed day' in section 87 of the bombay reorganisation act of 1960, and were binding on this high court. section 87 of the aforesaid act runs as follows :'territorial extent of laws. -- the provisions of part ii shall not be deemed to have effected any change in the .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1975SC2089; (1975)IILLJ503SC; (1975)4SCC734; 1975(7)LC753(SC)
..... in the territories to which any law in force immediately before the appointed day extends or applies, and territorial references in any such law to the state of bombay shall until otherwise provided by a competent legislature or ..... of laws. the provisions of part ii shall not be deemed to have effected any change ..... bombay before 1st of may, 1960 included a condition that they would be subject to any rule made by that state in respect of their promotion. the power granted to the reorganised state of bombay should be deemed to accrue to the successor states, that is, the states of maharashtra and gujarat.9. we may in this connection refer to section 87 of the bombay reorganisation act, 1960 which reads :87. territorial extent .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1964SC648; (1964)0GLR481; 5SCR294
..... relating to the continuance in office of the officers in the same posts which they occupied before the appointed day, and maintaining the territorial extent of laws were enacted. section 82 of the bombay reorganisation act, 1960, enacted that every person who, imme- diately before the appointed day, is holding or discharging the duties of any post or office in connection with the ..... the notification under art. 258 dated july 24, 1959, had the force of law and therefore in view of ss. 82 and 87 of the bombay reorganisation act, 1960, no. xi of 1960, (hereinafter referred to as the reorganisation act), the notification continued to have full force and effect and the commissioner could act under the functions entrusted to him; (2)the commissioner had authority in view ..... mysore high court under s. 119 of the states reorganisation act, 1956, which in terms is substantially the same as s. 87 of the bombay reorganisation act, 1960, and the definition of 'law' as given in s. 2(h) of that act is in terms identical with the definition given in s. 2(d) of the bombay reorganisation act, the operation of a notification issued by the government ..... president, and the authority of the commissioner to notify for acquisition of the land of the appellant was sought to be derived solely from ss. 82 and 87 of the bombay reorganisation act. the appellant contended that the power exercisable by the president being executive in character, the functions which may be entrusted to a state government or to an .....Tag this Judgment!
Court : Gujarat
Reported in : AIR1963Guj80; (1963)GLR405; (1964)0GLR481
..... by virtue of the provisions contained in section 87 of the reorganization act. that section is as follows:'87. territorial extent of laws. -- the provisions of part ii shall not be deemed to have effected any change in the territories to which any law in force immediately before the appointed day extends or applies, and territorial references in any such law to the state of bombay shall, until otherwise provided by a competent ..... and 4. some provisions of which we have mentioned already. the expresison 'appointed day' in section 87 means 1st of may, 1960. the effect of section 87 of the reorganization act is that any law in force immediately before 1st may, 1960, in any territory of the state of bombay would continue to be in force after that date unless otherwise provided by a competent legislature or other competent authority ..... as to show the name of gujarat against entry no. 4. this was done by the bombay reorganization act, 1960 (act ii of 1960) (hereinafter called the 'reorganization act'). by section 3 of the reorganization act, several territories were assigned to the state of gujarat and the other territories of the former state of bombay were assigned to a state called maharashtra, which name was added against entry no. 7 of .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1966Cal552,70CWN82
..... under article 258(1) were executive functions and such executive functions not being law' within the meaning of section 87 of the bombay reorganisation act, the commissioner of the new state of gujrath after may 1, 1960, was incompetent to exercise the functions of union government, under the land acquisition act. the majority view of the supreme court was that the notification issued by ..... india and acquisition of the status of a citizen. the whole question before the supreme court was a question of jurisdiction to entertain a criminal complaint committed in a territory which since the partition became pakistan. this decision, therefore, has no application to the facts in the appeal now before us. the appellant also relied upon the decision ..... did not comply with the conditions mentioned in the certificate of registration and failed to depart from india within the period mentioned in the said certificate. to that extent the decision of the allahabad high court is entirely against the contentions of the appellant.57. the learned advocate general contended that the registration certificate conferred no right ..... effect of investing the commissioners with the functions of the central government under the land acquisition act, 1894, and the notification was regarded as a notification having the effect of law because to the extent of the entrustment to the commissioners the land acquisition act was amended. but the supreme court quite plainly indicated that although in that case, having .....Tag this Judgment!
Court : Karnataka
Reported in : AIR1958Kant184; AIR1958Mys184; (1958)36MysLJ150
..... a consideration of the other provisions of the said act, viz., section 119 of the states reorganisation act.the said section provides that the provisions of part ii shall not be deemed to have effected any change in the territories to which any law in force immediately before the appointed day extends or applies, and territorial references in any such law to an existing state shall, until otherwise provided ..... not the notification issued by the government of bombay under sub-section 2 of section 22 of the said act can be said to be a law in force immediately before the appointed day. 'law' has been defined in sub-clause (h) of section 2 part i of the states reorganisation act, 1956 as follows :'law' includes any enactment, ordinance, regulation, order, bye-law, rule scheme, notification or other instrument having ..... in 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 .....Tag this Judgment!
Court : Mumbai
Reported in : 2007(4)BomCR784; 2007(5)MhLj454
..... , 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 gujarat and maharashtra were notified in parts vi and part vii-a ..... 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 pandhurna, district: chhindwara ..... within tribes or tribal communities which shall for the purposes of this constitution be deemed to be scheduled tribes in relation to that state (or union territory, as the case may be).(2) parliament may by law include in or exclude from the list of scheduled tribes specified in a notification issued under clause (1) any tribe or tribal community or part ..... a particular caste or tribe or class for inclusion in the list of scheduled castes/schedule tribes or backward classes in a given state would depend on the nature and extent of disadvantages and social hardships suffered by that caste, tribe or class in that state which may be totally non est in another state to which persons belonging thereto may .....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 ..... made on the 27th may violated the provisions of s. 47-a of the act and was therefore bad in law. the second contention was that the proviso to sub-clause 3 of clause 9 of the order contravenes the provisions of s. 77 of the bombay reorganisation act. lastly, it was contended that the action taken by the government in abolishing the ..... the order. as already indicated the workmen's contention was that the proviso contravened the provisions of s. 77 of the bombay reorganisation act. that section contained a provision that on transfer or re-employment of any workman in consequence of reconstitution, reorganisation, amalgamation or dissolution by any body corporate, cooperative society or any commercial undertaking or industrial undertaking the terms and conditions of ..... high court was however of opinion that the proviso to sub-clause 3 of clause 9 of the order was bad in law, being in conflict with s. 77 of the bombay reorganisation act, but it held that the proviso was severable and its illegality did not affect the working of the scheme. the high court also accepted the petitioner's contention .....Tag this Judgment!
Court : Mumbai
Reported in : AIR2000Bom211; 2000(2)ALLMR48; 2000(2)BomCR556
..... 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 form the state of gujarat include kutch ..... letters patent to that extent has to be read in the light of the constitutional provisions, the provisions of the state reorganisation act and bombay reorganisation act. admiralty jurisdiction exercisable by every high court which every high court possesses in it plenary powers being the court of record and superior court cannot extend beyond its local limits. it is trite principle in admiralty law that vessel must ..... .---the legislature of a british possession may by any colonial law:--- (a) declare any court of unlimited civil jurisdiction, whether original or appellate, in that possession to be a colonial court of admiralty, and provide for the exercise by such court of its jurisdiction under this act, and limit territorially, or otherwise, the extent of such jurisdiction; and (b) confer upon any inferior or .....Tag this Judgment!
Court : Karnataka
Reported in : ILR1998KAR1532; 1998(2)KarLJ621
..... homogeneous. in the process of reorganisation, regions which were governed by distinct laws were amalgamated to constitute the states in their present territorial configuration. with the result that such amalgamated areas comprising the states brought with them distinctly different laws, application whereof was continued by the parliament enacting section 119 of the states reorganisation act. the object underlying that provision, ..... necessary to briefly trace the historical background, in which the impugned enactment continues in its extra territorial application beyond the limits of the erstwhile state of bombay now the state of maharashtra.2. consequent upon the enactment of the states reorganisation act, state of mysore-now the state of karnataka was carved out as an independent administrative unit ..... 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 ..... state, but such a classification must bear a rational nexus with the object sought to be achieved by the impugned enactment. now if the object of the bombay act is to provide for better administration of the trusts in the state, as indeed is the position even with the other four enactments applicable to other regions .....Tag this Judgment!