Court : Mumbai
Reported in : AIR1965Bom92; (1964)66BOMLR807; ILR1965Bom200; 1965MhLJ577
..... a commissioner was appointed under the bombay land revenue code of 1879 and under section 5 thereof ..... the governor in council was empowered to appoint commissioners and it powers ..... . section 8 of the act empowered the government by a notification in the gazette to delegate to the board any power of duty of the government under any law for the time being in force. this state of affairs continued till the date states reorganisation act came into force on 1st november 1956.(35) in the area which was part of the former state of bombay, ..... this enactment that these three territories got integrated together in the state of bombay as and from 1st november 1956 with some additional territories which are known as gujarat and saurashtra. section 120 of the states reorganisation act empowered appropriate government by order to make such adaptations and modifications of the law, whether by way of repeal or amendment, as may be necessary or .....Tag this Judgment!
Court : Mumbai
Reported in : 1971CriLJ1322; 1971MhLJ172
..... quash the proceedings before the learned presidency magistrate at bombay. this article, however, has to be read with section 41 of the bombay reorganisation act, 1960 and section 51 of the states reorganisation act, 1956. by virtue of section 41 of the bombay reorganisation act, a permanent bench of the bombay high court has been located at nagpur in order to exercise the jurisdiction and power for the time being vested in the high court ..... bombay and hence a part of the cause of action arises at bombay and hence a complaint for contravention of the provisions of the scheme regarding ..... case such application was made by the promisor to the promise for the performance of the contract, and, there-lore. section 49 had no application. it is in that context it was held that if section 49 had no application, the common law rule that the debtor must find the creditor ought to apply. a full bench case of the madras high court ..... are required to be paid to the provident fund commissioner whose office is located in bombay and the petitioners who are the contributors and as such the debtors in a sense, have to seek under the common law rule the creditor who is the provident fund commissioner in bombay. according to the opponents, therefore, the obligation is to pay the amount at .....Tag this Judgment!
Court : Punjab and Haryana
Reported in : AIR1970P& H40
..... of inter-state corporations is within the legislative power of parliament. the board under the act has been expressly declared to be such a body corporate. obviously only parliament have legislative powers with regard to the board under the act. after section 88 in the reorganisation act, section 89 makes provision for adaptation of laws in the four parts of the reorganised 'existing state of punjab' by the 'appropriate ..... a matter that comes in for consideration in these petitions, although by virtue of section 90 of the reorganisation act this court has power, for the purposes of facilitating the application of the act in relation to any of the four parts of the reorganised 'existing state of punjab' to construe it in such manner, without affecting the substance, as may be necessary or ..... the substitution as referred to by the learned attorney-general can or cannol be made, nor is it necessary for this court to exercise its power to construe the provisions of the act under section 90 of the reorganisation act in this manner. the narrow question, as i have already said, for decision is whether the punjab state government, respondent 2, has or ..... scope of its provisions. he has referred to w. w. joshi v. state of bombay, air 1959 bom. 363, in which, with reference to the states reorganisation act of 1956, the learned judges observed that 'looking to the ami, scope and the object of the act, the intention of parliament clearly appears to be to provide for a solution of all problems .....Tag this Judgment!
Court : Gujarat
Reported in : (1970)11GLR51
..... observed that the meaning of the term 'actionable wrong' deducible from the aforesaid decision was an illegal or unauthorised act infringing a legal right of another affording him a ground for action in law the words used in section 61 of the bombay reorganisation act, 1960, are wide enough to cover a liability to continue to employ a person and to pay him his due ..... question can be answered in the present case by reference to three relevant sections viz. sections 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 ..... words 'liability in respect of actionable wrong' should be understood in the restricted sense of liability for damages for completed tortious acts. further proceeding, his lordship observed that indeed the words 'other than ..... the (rights, properties and liabilities) order, 1947, issued finder the indian independence act, 1947, dealt with a similar question of distribution of liabilities between the two newly created dominions and the identical expression in liability in respect of actionable wrong other than breach of contract was construed. patanjali sastri j. observed at page 27 that there is no reason why the .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1980Bom1; (1980)82BOMLR253; 1979MhLJ614
..... 6. historically one more fact needs to be stated. that fact relates to the reorganisation of states. with effect from 1st nov. 1956, a new bombay state came into being and by section 8 of the states reorganisation act, 1956, it was provided that as from the appointed day, there shall be ..... law in force immediately before the appointed day is exercisable in respect of that part of the said territories by any high court or judicial commissioner's court for an existing state, in fact creates a new high court for the new state of bombay as constituted by the states reorganisation act and the effect of the provisions of section ..... three questions have been argued before us by mr. deshpande appearing on behalf of the judgment-debtor. his first contention was that section 52 of the states reorganisation act, which provides that the high court for a new state shall have in respect of any part of the territories included in ..... , in spite of the fact that bhir has now become a part of state of bombay as a result of the states reorganisation act, the effect of the hyderabad high court decision must still be so construed that within the territory within which that decree was operative at the material time, it ..... would continue to be operative within that territory in spite of the fact that a part of the territory of the hyderabad state has now been included in the territory of the new state of bombay .....Tag this Judgment!
Court : Mumbai
Reported in : 2007(3)ALLMR401; 2007(3)BomCR555; 2008(1)MhLj581
..... on 30th march 1955. the state of andhra pradesh was formed by virtue of the provisions of section 3 of the states reorganisation act 1956 and the erstwhile state of hyderabad ceased to exist after publication of notification. likewise a new state was formed from the bombay state to state of maharashtra which included aurangabad, parbhani, bhir and osmanabad districts, ahmedpur, nilanga and udgir ..... bench had no jurisdiction to direct the scrutiny committee to reconsider the decision of granting validity certificate in favour of the petitioner. it is submitted that unless power of review is specifically conferred by law or statute the same would not be exercised by any court or tribunal. in the submission of the learned counsel, to that extent the judgment and order ..... and pass act of 1956, the hyderabad state withered away as part of marathwada region now in state of ..... of 1956) on 25th september 1956, which came into force from 31st august 1956. the states reorganisation act 1956 was passed on 31st august 1956 and the state of maharashtra was formed on 1st may 1960. the marathwada region merged in the bombay state on 1st november 1956. the learned counsel submits that before the parliament could accept the report of the commission .....Tag this Judgment!
Court : Karnataka
Reported in : 79ITR730(KAR); 79ITR730(Karn)
..... laws in force on november 1, 1956, continued to operate in their respective areas even after november 1, 1956, by virtue of section 119 of the states reorganisation act. the legislature of the new state of mysore was competent to amend the mysore agricultural income-tax act, 1955. it could have also enacted an act levying tax on the agricultural income derived from lands in the bombay ..... petitioner is accepted, it would follow that in respect of the assessment year 1957-58, the new state of mysore and other new states formed under the states reorganisation act cannot exercise the legislative power to levy tax on agricultural income conferred by the constitution. the transfer of the territories to the new state of mysore gives sufficient territorial connection, in our view ..... the assessee in respect of agricultural income derived from lands in coorg is liable to be assessed under the coorg agricultural income-tax act of 1961. in keshavamurthy chetty v. agricultural income-tax officer (writ petition no. 1416 of 1960 on the file of this court) another bench of this court (hedge and iqbal hussain jj.) held that the agricultural income of ..... the assessee derived from lands in the area of the former state of mysore during the previous year 1957-58 is liable to be taxed under the mysore agricultural income-tax act, 1955, and not .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR2006SC2075; 2006(3)BomCR883; 2006(5)MhLj531; 2006(5)SCALE213; (2006)5SCC330
..... bombay public trust act. upon reorganisation of the state, he had a limited jurisdiction to exercise. all the provisions of the said act were indisputably also not applicable to both the state of maharashtra and the state of gujarat. 12. the assistant charity commissioner exercised his jurisdiction in terms of section 41a and 41b of the act. section 41a of the act reads thus:-41a. power ..... application for registration and furthermore having filed the statement of accounts before assistant charity commissioner after 1973, they have disentitled themselves from contending that the provisions of the act, 1960 or the order, 1960 are unconstitutional. the appellants are thus before us.10. the short question which arises for consideration in this appeal is as to whether the assistant charity commissioner ..... of bihar v. charusila dasi : air1959sc1002 , opined:.this decision, in our opinion, makes it abundantly clear that where the trust is situate in a particular state, the law of that state will apply to the trust, even though any part of the trust property whether large or small, is situate outside the state where the trust is situate ..... see delhi cloth & general mills v. surnam singh air 1955 sc 95016. the legislature of a state while enacting a law is required to maintain the territorial nexus. only in certain cases, extra-territoriality provided for in the act is accepted. the field of legislation in respect of religious endowments and religious institutions is referable to item 28 of list .....Tag this Judgment!
Court : Karnataka
Reported in : ILR1964KAR673; (1966)IILLJ475Kant; (1965)2MysLJ810
..... as follows : '(i) to fix me in the scale of rs. 1,800-100-2,000, the scale of the director of education, bombay state, poona, with effect from 6 october, 1960; (ii) to fix my relative seniority above t. vasudevayya and g. p. sivaram, as the state of mysore is bound to by the ..... in cases where the control and responsibility have been delegated to other officer. it was argued by him that the deputy director did not have any controlling power over the inspectors of educational. this argument assume that merely because the inspecting staff was directly responsible to the director, the responsibility of the deputy directors ..... that claim of the petitioner. sri mahendra has stated that off such a representation is made, the state government would deal with the same, according to law. both the petitioner as well as respondent 3 have since retire from government service and the question of seniority as between them is of no importance except ..... in para. 5 under the heading 'vi. dearness pay' in the directive issued by the government of india under s. 115(7) of the states reorganization act which has been referred to in o.m. no. srdi-1 apm 57, dated 11 may, 1957. 8. the second question is whether the petitioner was ..... such other reliefs or benefits which this court may, in the ends of justice and in the circumstances of the case, deem fit and proper for which act of kindness, i as in duty bound shall further pray.' 5. respondent 2 is ex parte. respondent 1 as well as respondent 3 have not admitted .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1970SC143; (1970)GLR325(SC); (1969)2SCC120; 1SCR244
..... in this manner the proviso to section 115(7) of the states reorganisation act 1956 did not stand in the way of the applicability of the bombay rules.6. we find it difficult to concur with the view of the high court. rule 3(i) of the saurashtra rules, if construed or interpreted in the manner in which ..... the age of 50 years. as the previous approval of the central government was not obtained in accordance with the proviso to section 115(7) of the states reorganisation act 1956, the bombay rule could not be made applicable to the appellant.8. counsel for the state pressed us to look into certain documents for ..... ordered before he had attained the age of 55 years. the high court rightly looked at the provisions of section 115(7) of the states reorganisation act 1956. it is provided thereby that nothing in the section shall be deemed to affect after the appointed day the operation of the provisions of chapter i of part ..... declared invalid if the expression 'unless for special reasons otherwise directed by government' is so construed as to give a power to order compulsory retirement even before attaining the age of 55 years. it is well-known that a law or a statutory rule should be so interpreted as to make it valid and not invalid ..... november 1, 1956, the appellant was absorbed in the service of the said state. on the bifurcation of the state of bombay on may 1, 1960, he was assigned to the state of gujarat and was absorbed as a permanent executive engineer there. on october 12, 1961 the .....Tag this Judgment!