Court : Gujarat
Reported in : AIR1968Guj80
..... be construed as we have, even then the rules could not be held to be invalid. in support of that submission, it was urged that parliament, envisaging difficulty due to the bifurcation of the old state of bombay, in the application and enforcement of provisions of law made before bifurcation, to the territories two new states of maharashtra and gujarat, introduced in the bombay reorganisation act, 1960, sections ..... 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 of ..... section. section 24 of the act was law in force before the appointed day and the question to be considered is whether construing section 24 read with section 89 of the reorganisation act, it can be said that the publication by the government of bombay before the appointed day was sufficient compliance with the requirements of section 24. in view of the reasons given by us in construing section 24 read with section 89 o the bombay reorganisation act .....Tag this Judgment!
Court : Gujarat
Reported in : 1968CriLJ253
..... section 28 for the adaptation of a law made before the appointed day, any court, tribunal or authority ..... on the date of the previous publication, which had the power to make rules on the date of the 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 ..... , required or empowered to enforce such law may, for the purpose of facilitating .....Tag this Judgment!
Court : Gujarat
Reported in : AIR1962Guj128; (1962)0GLR269
..... , therefore, clear that the words 'law in force' in section 119 of the states reorganisation act, 1956, could not include judicial decisions. if the words 'law in force' in section 119 of the states reorganisation act, 1956, could not bear a meaning wide enough to include judicial decisions, it must follow that the same words in section 87 of the bombay reorganisation act, 1960, also cannot be construed to include judicial decision and judicial ..... 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 ..... decisions cannot be regarded as law in force within the meaning of that expression as used in section 87 of the bombay reorganisation act, 1960.136. these are the reasons which have induced me to take a different view .....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 ..... 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 ..... is enforceable and which is not capable of being rejected by the courts as uncertain, as unreasonable, or as repugnant to the law of the land. the courts may construe any particular provision of law; but the courts cannot quash any provision of law nor treat it as unenforceable.'their lordships then proceeded to observe as follows:'they cannot, in my opinion, be called .....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 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 be within jurisdiction of the court for being ..... 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 controversy ..... proceedings are started. this view also finds support from the various paragraphs of the judgment of the apex court in m.v. elisabeth particularly paragraphs 66, 82, 83, 89 and 93. the said paragraphs read thus:---66. it is likewise within the competence of the appropriate indian courts to deal, in accordance with the general principles of maritime .....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!
Court : Madhya Pradesh
Reported in : 1974MPLJ691; 34STC504(MP)
..... the states reorganisation act. in other words, the power of adaptation has 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 ..... given to the successor state in whose territories the place of assessment is included. section 120 of the states reorganisation act conferred power on the appropriate governments to adapt laws. this section reads as follows:power to adapt laws.--for the purpose of facilitating the application of any law in relation to any of the states or union territories formed or territorially altered by the provisions of part ..... 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 ..... word 'period' which was not defined by the act. it 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 .....Tag this Judgment!
Court : Gujarat
Reported in : (1997)2GLR1530
..... 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 ..... 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 ..... the services of the petitioners were allocated to the state of 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 ..... year 1956, the then raj pramukh of the state of saurashtra framed rules known as saurashtra civil services (classification and recruitment) rules, 1956 in exercise of the powers conferred by proviso to article 309 of the constitution of india. the relevant provisions from those rules have been reproduced by the petitioners in para 2.3 of the .....Tag this Judgment!