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 : Andhra Pradesh
Reported in : 2006(5)ALD642
..... 1989 supp (2) scc 364:.when a state action is challenged, the function of the court is to examine the action in accordance with law and to determine whether the legislature or the executive has acted within the powers and functions assigned under the constitution and if not, the court must strike down the action. while doing so the court must remain within ..... erstwhile state of bombay, went down heavily in seniority resulting in their chances of promotions being adversely affected, and that it amounted to an alteration of their conditions of service. rejecting this contention the supreme court observed:.it is urged that this has affected their chances of promotion which were protected under the proviso to section 115(7) of the act, which lays ..... party assailing such classification to establish that the classification is unreasonable and bears no rational nexus with its purported object. in the absence of furnishing necessary particulars, it must be construed that the plea of unlawful discrimination had no basis. in triloki nath 1974(1) scc 19 a word of caution has been indicated that the right to classify is hedged ..... read them consistent with the well-established legal position than to infer a conflict, or to say on that basis that the previous law stands overruled. in the interest of certainty of law and judicial discipline, we ought to construe the several decisions of the supreme court as constituting motifs of a harmonious pattern. after all, judgments ought not to be read as .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1967SC669; 1SCR400
..... the notification issued by the president is law within the meaning of s. 87 read with s. 2(d) of the bombay reorganisation act, 11 of 1960.' 35. after analysing the three stages of the constitutional process leading to the ultimate exercise of function of the union government the court observed (at p. 309) :- 'by art. 53 the executive power of the union is vested in ..... delimitation of parliamentary constituencies and the delimitation of assembly constituencies of each state. publicity is to be given to the orders of the commission under s. 10(1) of the act. sub-section (1) prescribes that each of its orders made under s. 8 or s. 9 is to be published in the gazette of india and the official gazettes of the ..... the house of the people to the several states...... and the division of each state into territorial constituencies for the purpose of elections to the house of the people. section 8 of the act makes it obligatory on the commission to determine by order, on the basis of the latest census figures, and having regard to the provisions of arts. 81, 170 ..... people and legislative assemblies of the states and for matters connected therewith and the statement of objects and reasons therefore as appearing in the gazette of india extraordinary, part ii, section 2 of the year 1962 which mentions arts. 82 and 170(3) of the constitution. the said statement further shows that as the 1961 census had been completed a readjustment .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1977SC2051; 1977LabIC1367; (1977)3SCC399; 3SCR775; 1977(1)SLJ457(SC)
..... and 16 of the constitution. they also challenge the 1970 rules on the ground that they lack approval of the central government, thereby violating the proviso to section 81(6) of the bombay state reorganisation act of 1960. according to the appellants, the 1960 rules were superseded by the rules dated july 29. 1963 and still the state government continued to apply, the defunct rules of ..... . thus rule 8(i) only requires that for every three direct recruits appointed as deputy engineers only one promotee can be appointed as officiating deputy engineer. the rule cannot be construed to mean that for every three confirmations of deputy engineers, not more than one promotee can be confirmed as deputy engineer. in a.k. subraman : (1975)illj338sc it was held ..... executive instructions, acquired a statutory force and character by reason of their amendment by the rules of 1965 which were made by the governor of gujarat in exercise of the power under the proviso to article 309 of the constitution. this argument was rightly rejected by the high court because all that was done by the rules of 1965 was to ..... be fore it involved 'ticklish and complicated questions' and by the gujarat high court by saying that though it had on many occasions to consider complex problems pertaining to service laws, there was 'no case comparable' to the writ petitions filed before it in the instant case. the learned chief justice (bhagwati, j.) who delivered the judgment of the full bench .....Tag this Judgment!
Court : Gujarat
Reported in : (1965)6GLR934
..... be entitled to judgment forthwith.(5) the provisions of section 5 of the indian limitation act 1908 shall apply to taken under this rule.this was the state of the law when the state of bombay was bifurcated by the bombay reorganization act 1960.3. by the bombay reorganization act 1960 certain territories were carved out from the state of bombay and were constituted into the state of gujarat from 1st ..... procedure in suits here under shall be the same as the procedure in suits instituted in the ordinary manner.now on 29th september 1936 the high court of bombay in exercise of its powers under section 122 made rules substituting the following sub-rules (1) and (2) for the existing sub-rules (1) and (2) of rule 2 in order 37 of the ..... ahmedabad city civil court rules and particularly rules 142 to 148. the ahmedabad city civil court rules were made by the gujarat high court in exercise of its powers under section 122 and under that section the gujarat high court could make rules so as to annul alter or add to all or any of the rules in order 37. if therefore any ..... it is implicit that he may give such leave unconditionally or he may impose such terms and conditions as he thinks proper while granting such leave. the fact that such power to impose conditions while granting leave to defend is implicit is recognised by rule 147 which provides that if the defendant does not complete his security (if any) or carry .....Tag this Judgment!
Court : Mumbai
Reported in : 2007(6)BomCR332; 2007(4)MhLj330
..... avoiding the use of words .same caste. this implies that if persons belong to the 'same caste' they were not to be denied the benefits.(ix) sections 26 and 27 of the bombay state reorganization act merely amend the schedules as a corollary to creation of state of maharashtra and have no bearing on the question of entitlement of the migrants to reservation .....Tag this Judgment!
Court : Mumbai
Reported in : 1996(3)BomCR658
..... the impugned legislative measure much earlier if the situation was so grave, will have to be repelled. section 51(3) of the state reorganisation act gave power to the chief justice of the high court of bombay to direct, with the prior approval of the governor of maharashtra, that the judges and the division ..... of this order, that is to say, obligation of the state to hold elections for the elected posts in the bombay agricultural produce market committee. the ordinance and the law has sought to change the basis on which this court had given certain orders, it cannot be said that it was ..... making a law which simply declares the earlier decisions as invalid and not binding for such powers if exercised, would not be legislative power exercised by it, but judicial power exercised by it encroaching upon the judicial power of the state vested in a judicial tribunal and held section 11(2) of the said act as unconstitutional ..... , the supreme court observed that the legislature can change the basis on which the decision is given by the court and thus change the law in general which will affect class of persons and events at large though it cannot set aside an individual decision inter prates and affect their ..... an enquiry made by the working committee of the indian national congress, which found the settlement of these lands contrary to the provisions of law and public policy and recommended that steps should be taken by the state of bihar for restoring the lands to the bettiah estate. the enquiry .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1986Bom247
..... stage that in the state of maharashtra, there are three rent control laws applicable. as already stated, the rent control order is applicable to ..... in the state of maharashtra after re-organisation of states in 1956 by virtue of s. 119 of the states reorganisation act, it cannot be said that there is no valid classification for their continued application in the then re-organised state of bombay and thereafter in the state of maharashtra. in support of the above contention, reliance is placed on behalf of ..... state of maharashtra by continuing the old rent law under the rent control order, which was enacted long back in 1949 in the erstwhile state of madhya pradesh and which was continued in the state of bombay after re-organisation of states in 1956 by virtue of the provisions of s. 119 of the states reorganisation act, 1956. it may be stated at this ..... the vidarbha region of the state of maharashtra. the hyderabad houses (rent, eviction and lease) control act, 1954, (for short the hyderabad act) is applicable in the .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1969SC783; (1970)3SCC400; 3SCR254
..... , as if they were a chief commissioner's province of the same name.' by section 8(1)(e) of the states reorganisation act, 1956, the territory of the, part c state of kutch was incorporated with the state of bombay, and by section 3(a) of the bombay reorganization act, 1960, it was included in the newly formed state of gujarat.70. from july 1948 ..... decision made at any international conference, association or other body.in point of fact it adds nothing to the legislative entries 14 and 15 above quoted but confers exclusive power of law-making upon parliament. as the marginal note correctly represents the idea underlying the article, it may be read--legislation for giving effect to international agreements--and the article ..... circumstances. both the inhabitants of sind who openly used the grazing grounds for over one hundred years and the sind authorities must have acted on the basis that dhara banni and chhad bet were sind territory.89. the claimants urged that the territory in this sector belonged to the kutch state and that claim was supported by survey maps, correspondence ..... between the officials of kutch state and the british administration, assertions made in the annual administration reports for 75 years before 1947, statistical abstracts relating to british india, bombay administration reports gazetteers, .....Tag this Judgment!
Court : Gujarat
Reported in : AIR1962Guj250
..... its appellate jurisdiction. even in civil matters article 15 of the charter does not contemplate references by division benches of a high court. section 32 of the bombay reorganisation act, 1960, has also no bearing on this question. that section refers to the law in force immediately before 1-5-60 with respect to practice and procedure in the high court. we have not been able to ..... division benches of a high court. rules or orders made by the high court of bombay cannot also enlarge the jurisdiction or powers of benches of the high court. section 35 of the bombay reorganisation act provides that the law in force immediately before the appointed day relating to powers of division courts of the high court of bombay shall apply in relation to the high court of gujarat ..... court had not to consider in that case the effect of several persons joining together in appeal. that decision does not in any way help in construing the provisions of rule 6 framed by the bombay high court and considering the effect of an appeal instituted under the provisions contained in the said rule, or the validity of the rule. a ..... the appeal as regards the sentence. at the same time, the provisions of section 421 of the cri. pro. code were before their lordships for interpretation and construction, and having construed these provisions their lordships of the supreme court declared the law in the following terms: 'the provisions of section 421 do not contemplate a partial summary dismissal of an appeal.'they also .....Tag this Judgment!