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Judgment Search Results Home > Cases Phrase: bombay reorganisation act 1960 section 89 power to construe laws Court: gujarat Page 1 of about 116 results (0.069 seconds)

May 05 1967 (HC)

Manilal R. Pandya Vs. Chimanlal Parshottamdas and anr.

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 .....

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Sep 10 1966 (HC)

C.J. Shah Vs. Chhabalal Ganpatlal and anr.

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 .....

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Oct 31 1961 (HC)

State of Gujarat Vs. Gordhandas Keshavji Gandhi and ors.

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 .....

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Dec 13 1996 (HC)

R.V. Rayjada and ors. Vs. State of Gujarat and ors.

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 .....

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Apr 18 1963 (HC)

A.J. Patel and ors. Vs. the State of Gujarat and ors.

Court : Gujarat

Reported in : AIR1965Guj234a

..... the affairs of the state of gujarat. on 1st of may 1960, being the appointed day, under the provisions of the bombay reorganisation act, 1960, the state of gujarat was formed. by an order passed by the central government on 28th of april 1960, in exercise of the powers conferred by sub-section (1) of section 81 of the bombay reorganisation act, 1960, the central government required all persons who, immediately before the ..... or article 3 shall contain such provisions for the amendment of the first schedule and the fourth schedule as may be necessary to give effect to the provisions of the law and may also contain such supplemental, incidental and consequential provisions (including provisions as to representation in parliament and in the legislature or legislatures of the state or states affected by ..... not throw any significant light on the true interpretation to be put upon the provisions of sections 115 to 117 which are the principal sections requiring to be construed in the present case. the only matter to which attention may be drawn in connection with this section is that the power in relation to all india services is conferred on the central government. then comes .....

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Jul 28 1960 (HC)

Anand Municipality Vs. Union of India and ors.

Court : Gujarat

Reported in : AIR1960Guj40; (1960)GLR82(GJ)

..... of s. 87 read with some other sections of the bombay reorganisation act, 1960, is to make those decisions binding on this court. he has principally relied on s. 87 of that act which is as under:-'87. the provisions of part ii shall not be deemed to have effected any change in the territories to which nay law in force immediately before the appointed day extends ..... in respect of that part of the said territories by the high court of bombay'.the expression 'law in force' appears in ss. 32, 34, 35 and 36. those sections deal respectively with practice and procedure in the high court of gujarat; with form of writs and other processes; with powers of judges as to appeals to the supreme court. we have already set ..... refer to the provisions of part ii, part ii is initialed 'reorganisation of bombay state' and contains three sections. section 3 which is the first section in that part has already been set out by us. section 4 relates to amendment of the first schedule to the constitution and s. 5 relates to certain saving powers of the state government. for all practical purposes it is s ..... respects any other law, the state government.'89. notwithstanding that no provision or insufficient provision has been made under section 88 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 or facilitating its application in relation to the state of maharashtra or gujarat, construe the law in such manner .....

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Aug 07 1967 (HC)

ishwarbhai Desaibhai Patel Vs. Vadilal Lallubhai Mehta and ors.

Court : Gujarat

Reported in : AIR1968Guj289

..... or extraordinary original civil jurisdiction. now, under s. 30 of the bombay reorganisation act, 1960 the high court of gujarat shall have, in respect of any part of the territories included in the state of gujarat, all such jurisdiction, powers and authority as, under the law in force immediately before the appointed day (viz. 1-5-60 ..... the applicability of o. 6, r. 17 would not come in operation here since we have specific provision regarding amendment or amplification of particulars in section 86(5) of the act. when such is the position, it would be difficult to say that o. 6, r. 18 of civil procedure code which flows from o. 6, ..... application for amendment of the pleadings was not one under o. 6, r. 17 of the civil procedure code but was obviously one under section 86(5) of the act which permits the high court to allow the particulars of any corrupt practice alleged in the petition to be amended or amplified in such ..... having regard to the provisions contained in o. 20, r. 3 of the civil procedure code which, according to him, would apply in view of section 87 of the act. it was then urged that any party has a right to withdraw his suit and that since he desires to withdraw his application, the ..... such suits but it may not be the same thing in election petitions for they stand governed under the provisions of representation of people act, 1951. section 109 of the act provides that an election petition may be withdrawn only by leave of the high court. then clause (2) says that where an .....

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Aug 07 1968 (HC)

Trilochana Girdharlal Patel and ors. (Heirs of Deceased Girdharlal Sha ...

Court : Gujarat

Reported in : (1969)ILLJ305Guj

..... observed that the meaning of the term 'actionable wrong' deducible form the aforesaid decision was an illegal or unauthorized act infringing a legal right of another affording him a ground for action in law. the words used in s. 61 of the bombay reorganization act, 1960, are wide enough to cover a liability to continue to employ a person and to pay him his due ..... relevant question can be answered in the present case by reference to three relevant sections, viz., ss. 60 61 and 64. section 60 deals with contracts and runs as under : '(1) where, before the appointed day the state of bombay has made any contract in the exercise of its executive power for any purposes of the state. that contract shall be deemed to have ..... understood in the restricted sense of liability for damages for completed tortious acts. further proceeding, his lordship observed that indeed the words 'other than ..... , dealt the indian independence act, 1947, dealt with a similar question of distribution of liabilities between the two newlycreated dominions and the identical expression in liability in respect of actionable wrong other than breach of contract was construed. pityingly sastri, j., observed at p. 27 that there is no reason why the words 'liability in respect of actionable wrong' should be .....

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Jun 24 1962 (HC)

Bhaishanker Avalram Joshi Vs. State of Bombay

Court : Gujarat

Reported in : (1963)0GLR1001

..... , the learned assistant government pleader appearing for the state of gujarat, contends that, under the bombay reorganization act, 1960 (hereafter called 'the act'), the appellant would come to be allocated to the state of maharashtra. he relies upon the provisions contained in ss. 81 and 82 of the act. section 81 enacts that 'every person who immediately before the appointed day, is serving in connexion with ..... could to an actionable wrong which did not arise out of breach of contract and at the same time did not answer the description of tort as understood in english law. their lordships observed that 'the word 'wrong' in ordinary legal language means and signifies 'privation of right'.' 26. sri desai strongly relied upon the aforesaid observations and contended that, even ..... the executive power - (a) if such purposes are, as from that day, exclusively purposes of either the state of ..... liabilities arising out of actionable wrongs other than breaches of contracts; and s. 64 is the residuary provision. section 60 enacts as follows : '(1) where, before the appointed day, the state of bombay has made any contract in the exercise of its executive power for any purposes of the state, that contract shall be deemed to have been made in the exercise of .....

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Feb 25 1964 (HC)

The State of Bombay (Now the State of Gujarat) Vs. Ishwarlal Nandlal M ...

Court : Gujarat

Reported in : AIR1965Guj173

..... on the appeal and the rights of the respective parties.(7) mr. desai in support of this submission relied upon section 91 and sections 60 and 61 of the bombay reorganisation act, 1960.section 91 reads as follows: 'where immediately before the appointed day, the state of bombay, is a party to any legal proceeding with respect to any property, rights or liabilities subject to apportionment between the ..... liable for the reliefs sought, the state of gujarat seems to have appeared and fought out the litigation and also filed the appeal. but as a matter of fact, under law it is the state of maharashtra who should have appeared and defended the suit. the responsibility devolved on it under the statutory provisions, which had been ignored by it. looked ..... , in either case the liability is of the state of maharashtra. (9) section 60 as is relevant for our purposes is as under:'60. (1) where, before the appointed day, the state of bombay has made any contract in the exercise of executive power for any purposes of the state, that contract shall be deemed to have been made in the exercise of ..... the executive power: (a) if such purposes are, as from that day, exclusively purposes of either the state .....

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