Court : Gujarat
Reported in : AIR1962Guj128; (1962)0GLR269
..... could ever have had such an intention when, enacting section 119 of the states reorganisation act, 1956, or section 87 of the bombay re-organisation act, 1960.10. our attention was called to section 88 of the bombay re-organisation act, 1960, where a power is given to the appropriate government to adapt laws, and to section 89 which deals with the question of the construction of laws and the language used in that connection, it is ..... urged that in those sections the legislature had used the expression 'law made ..... before the appointed day' when referring to enacted law .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1968Bom219; (1967)69BOMLR871; 1967MhLJ954
..... contended in respect of this position is that this law, namely, bombay act no. 48 of 1956, as adapted cannot be called a law made by the legislature of the state i.e. legislature of the state of maharashtra. the adaptation made being by the government in exercise of the power of adaptation under section 88 of the bombay reorganisation act, the argument runs, the law as adopted cannot be construed to be a ..... substituted. prima facie, therefore, it would appear that this act was in ..... or expedient. the government of maharashtra exercised this power by making an order called maharashtra adaptation of laws (states and concurrent subjects) order, 1960, and has adapted the bombay ministers' salaries and allowances act, 1956 (bombay act no. 48 of 1956), by making suitable adaptations, and in particular, in sections 12 and 13 of the original act, and for the words 'bombay legislative assembly' and 'bombay legislative assembly' the words 'maharashtra legislative council' were .....Tag this Judgment!
Court : Gujarat
Reported in : AIR1968Guj80
..... , introduced in the bombay reorganisation act, 1960, sections 88 and 89. section 88 authorises the appropriate governments to adopt and modify any law made before the appointed day i.e., the first of may 1960, for the purpose of facilitating its application in relation to the state of maharashtra or gujarat within one year of the appointed day. thereupon every such law shall have effect subject to the adaptations and modifications so ..... the court and under a provision very similar to the one under section 89 of the bombay reorganisation act, 1960 a construction was placed to make the said law applicable to the matter on hand which could not have been done but for the said provision investing the court with that extraordinary power of construction of law in order to avoid injustice or hardship arising due to the ..... with by the previous publication of the draft rules by the government of bombay, in the larger interest of the public and for the enforcement of the law existing prior to the appointed day, this is a fit case in which the powers vested in the court under section 89 of the bombay reorganisation act, 1960 should be exercised.(21) mr. adhvaryu relied upon the above stated decision .....Tag this Judgment!
Court : Gujarat
Reported in : 1968CriLJ253
..... publication is rejected.3. it is next contended that section 24 of the prevention of food adulteration act should be construed in view of section 161 of the bombay reorganization act, 1960. section 89 of the act reads as follows:89. power to construe laws.-notwithstanding that no provision or insufficient provision has been made under section 28 for the adaptation of a law made before the appointed day, any court, tribunal or ..... authority, required or empowered to enforce such law may, for the purpose ..... under the law and in particular under the bombay reorganization act, 1960., clause (d) of section 2 of the bombay reorganization act reads as under:'law' includes any enactment, ordinance, regulation, order, byelaw, rule, scheme, notification or other instrument having, immediately before the appointed day, the force of law in the whole or in any part of the state of bombay.section 88 of the said act reads as follows:88. power to adapt laws.-for the .....Tag this Judgment!
Court : Gujarat
Reported in : 1968CriLJ409
..... under the law and in particular under the bombay reorganization act, 1960. clause (d) of section 2 of the bombay reorganization act reads as under:'law' includes any enactment ordinance, regulation, order, bye-law, rule, scheme, notification or other instrument having, immediately before the appointed day, the force of law in the whole or in any part of the stats of bombay;section 88 of the said act reads as follows:88. power to adapt laws.- for the ..... purpose of facilitating the application in relation to the state of maharashtra or gujarat of any law made before the appointed day, the appropriate government may before the expiration ..... by a competent legislature or other competent authority.section 88, relates to power to adapt laws made before the appointed day, the contention that the rules made after previous publication by the bombay government would be a law cannot be accepted. it is contended that the previous publication amounts to a notification under clause (d) of section 2 of the bombay reorganization act. even if it is so, it would .....Tag this Judgment!
Court : Karnataka
Reported in : AIR1958Kant184; AIR1958Mys184; (1958)36MysLJ150
..... 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 ..... such power upon the learned judge 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 ..... he deemed to prevent a competent authority, after the appointed day, from passing in relation to any such person any order affecting his continuance in such post or office.' section 122:power to name authorities, etc., for exercising statutory functions :the central government, as respects any union territory & the state government as respects any new state or any transferred territory, may by .....Tag this Judgment!
Court : Mumbai
Reported in : 2007(4)BomCR784; 2007(5)MhLj454
..... , 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 ..... 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 ..... constitution bench in marri chandra v. dean s.g.s medical college reported at : 2scr843 , it may be useful to recount the facts of the case and the law laid down therein. the petitioner, therein, hailed from tenali in andhra pradesh and belonged to 'gouda' community, which is also known as 'goudi', recognized as scheduled tribe in ..... to be followed in seeking caste certificates and verification of such caste certificates by scrutiny committees. section 18 of the act empowers the government to make rules to carryout purposes of the act. section 19 enables the government to remove difficulties. in exercise of powers under section 18 of the government, had framed the maharashtra scheduled tribes (regulation of issuance and verification of .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1964SC1690; (1964)66BOMLR698; [1964(9)FLR324]; (1964)IILLJ639SC; 1965MhLJ73(SC); 7SCR639
..... 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 ..... order 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 that .....Tag this Judgment!
Court : Mumbai
Reported in : AIR2000Bom211; 2000(2)ALLMR48; 2000(2)BomCR556
..... came 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 form the ..... laws and their adaptation until altered or repealed or 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 ..... state of gujarat including kutch district has been taken away. it is thus submitted by the defendants that on and from coming into effect of bombay reorganisation act, 1960, the bombay high court has no jurisdiction to exercise any judicial power in respect of kandla port which is part of kutch district in the state of gujarat.4. it would be pertinent to note that in ..... paragraphs, particularly 14, 17, 20, 25, 26, 30, 44, 48, 49, 56, 58, 59, 65, 66, 67, 68, 72, 75, 78, 80, 83, 85, 88, 89 and 101 throw immense light on the extent and power of admiralty jurisdiction possessed by the high courts. the observations made by the apex court to the extent these are relevant for deciding the present .....Tag this Judgment!
Court : Karnataka
Reported in : ILR1998KAR1532; 1998(2)KarLJ621
..... bombay public trusts act as it existed on the date of reorganisation. similarly,the madras and hyderabad karnataka areas are being governed by the same provisions as were applicable to them before reorganisation. the only reason for the continued application of these laws which are in many respects different from each other is the philosophy underlying the provisions of section 119 of the states reorganisation act, ..... the petitioner, the registration was wholly unnecessary and even mala fide in nature for the same brought the affairs of the math under the control of the authorities exercising powers under the act, correspondingly reducing the matadhipathi's position to that of a subordinate, affecting his right to manage the temporalities of the math, and making an inroad into its ..... or has alienated or is attempting to alienate the whole or any part of such property for improper purposes. in any such event, the government has the power under section 26 of the act to order an enquiry by a committee of not less than 3 persons, oneatleast of whom shall be a disciple of or a person interested in the ..... deal with the major features of the said scheme. section 3 of the bombay act empowers the state government to appoint a charity commissioner to exercise powers and perform duties and functions conferred under the provisions of the act. the powers exercisable by the charity commissioner are detailed in section 69 and include the power to direct a special audit of the accounts of a public .....Tag this Judgment!