Court : Supreme Court of India
Decided on : Aug-28-1959
Reported in : AIR1960SC51; (1960)62BOMLR58; 1SCR605
..... , 1956, and became known as the states reorganisation act, 1956 (37 of 1956) hereinafter called the act. 3. it is necessary to read here s. 8(1) of the act which instead of constituting three separate units as originally proposed in the bill constituted a composite state of bombay as stated therein. 's. 8(1) ..... in the bill is moved and accepted in accordance with the rules of procedure of parliament. 8. that in the present case the states reorganisation bill was introduced on the recommendation of the president has not been disputed; nor has it been disputed that the proposal contained in the bill ..... its report in due course and on april 18, 1956; a bill was introduced in the house of the people (lok sabha) entitled the states reorganisation bill (no. 30 of 1956). clauses 8, 9 and 10 of the said bill contained a proposal for the formation of three separate units, namely, ..... construction doctrines of democratic theory and practice obtaining in other countries, unrelated to the tenor, scheme and words of the provisions which we have to construe. in plain and unambiguous language, the proviso to art. 3 of the constitution states that where the proposal contained in the bill affects the area ..... part is followed by a proviso, which lays down certain conditions for the exercise of the power. it states that no bill for the purpose (the word 'purpose' obviously has reference to the power of making law in respect of the matters mentioned in the substantive part) shall be introduced in either house .....Tag this Judgment!
Court : Karnataka
Decided on : Mar-17-1959
Reported in : AIR1961Kant26; AIR1961Mys26
..... of andhra pradesh which was the principal successor state to the erstwhile state of hyderabad which became disintegrated on 1st november 1956.18. sub-section (7) of section 115 of the states reorganisation act reads as follows :'nothing in this section shall he deemed to affect after the appointed day the operation of the provisions of chapter i of part xiv of the constitution in ..... , removal or compulsory retirement from service imposed upon a government servant is set aside or declared or reordered void in consequence of or by a decision of a court of law, and the disciplinary authority, on a consideration of the circumstances of the case, decides to hold a further inquiry against him on the allegations on which the penalty of dismissal ..... khasapur project, in connection with which the petitioner was said to have committed the irregularities which were the subject matter of charge four, had, after the reorganisation of states become part of the state of bombay. the argument advanced by mr. venkataranga iyengar was that any action which could be taken with respect to that charge could be taken only by the ..... chapter i of part xiv of the constitution. but for the proviso to sub-section (7) of section 115 the governor of the new state of mysore would have had the power to determine the conditions of service of persons who were referred to in section 113 of the states reorganization act and those persons, who were allotted to the state of mysore, would have .....Tag this Judgment!
Court : Mumbai
Decided on : Dec-14-1959
Reported in : AIR1961Bom11; (1960)62BOMLR735; ILR1961Bom101
..... issued a notification no. 150-ib dated 25th february, 1948, which, in substance, provides that 'the central government is pleased to delegate to the government of bombay, the power conferred by section 4 of the said act to make orders for or in relation to the governance of the said states in respect of any of the matters enumerated in list ii or list ..... of land revenue orto receive payments charged on or payable out ofthe land revenue, or to set aside any cess or rateauthorized by the provincial government under theprovisions of any law for the time being in force'. the present case does not raise any question relatingto exemption from payment of land revenue eitherin full or in part. this clause, therefore is ..... of those decisions, it is necessary to determine under which article the present case falls. mr. gumaste suggested that the case may fall either under article 62 or 89 of the indian limitation act. article 62 applies to a claim for money payable by the defendant to the plaintiff for money received by the defendant for the plaintiff's use. the present ..... claim of the plaintiff is for the accounts of the management, and, therefore, is not in respect of an ascertained sum. article 89 applies to a suit by a principal .....Tag this Judgment!
Court : Mumbai
Decided on : Feb-20-1959
Reported in : (1959)61BOMLR1210
..... this sub-section read with second schedule resulted in the creation of ..... commencement of this act the delimitation of council constituencies (bombay) order, 1951, shall, until other provision is made by law, have effect subject to the modifications directed by the second schedule and in the said order as so modified, any reference to the state of bombay shall be construed as a reference to that state as formed by section 8 of the states reorganisation act, 1956. ..... aside the election and whether it would be within our competence to grant that relief in exercising appellate power under the act of 1951. as already shown, on the construction put by us on sub-clause (iv) of clause (d) of sub-section (1) of section 100, it cannot afford a ground to the appellant to get the election set aside. it, therefore ..... not of any assistance to him. item 5 of list 2 of the seventh schedule of the constitution reads as follows:local government, that is to say, the constitution and powers of municipal corporations, improvement trusts, district boards, mining settlement authorities and other local authorities for the purpose of local self-government or village administration.true, the expression used is .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Apr-16-1959
Reported in : AIR1959MP353
..... ground that it is illegal as legislative council which should have been constituted after the state reorganisation, has not yet been constituted. the third ground on which, the act is challenged is that under sections 119 and 120 of the states reorganisation act, the legislature has power to replace the act as a whole and cannot amend it piecemeal. there are several other grounds stated in ..... reorganisation act. shri dharamadhikari contends that the words 'every such law shall have effect subject to the adoptations and modifications so made until altered, repealed or amended by a competent legislature' mean that the whole act must be replaced and any particular section cannot be amended by the legislature. we are unable to follow the logic of this argument. the power to amend an act ..... disposed of.'in para 78, ghiilam husan, j. observed: 'having regard to the setting in which article 31 is placed, the word 'property' need in the article must be construed in the widest sense as connoting a bundle of rights exercisable by the owner in respect thereof and embracing within its purview both corporeal and incorporeal rights. the word 'property ..... sub-clause (a) of clause 8 (cloase (1)?) of article 168. however, article (section?) 8(2) which provides for this amendment is as follows. '(2) in the said sub-clause, as from such date as the president may, by public notification, appoint,after the word 'bombay' the words 'madhya pradesh' shall be inserted'.the language ol this sub-clause makes it .....Tag this Judgment!
Court : Mumbai
Decided on : Dec-01-1959
Reported in : (1960)62BOMLR236
..... pradesh has been integrated with the state of bombay under the states reorganisation act as and from november 1, 1956. subsequent thereto the legislature of the present state of bombay has materially amended this act so far as the vidarbha area is concerned by the amending act no. xvi of 1958. we have to construe the relevant provisions of the act as they now stand after the amendment ..... ) empowers the state government to make rules regulating the manner of election of presidents and appointment of vice-presidents. in exercise of the powers conferred under sub-section (6) the state government of bombay has framed rules first under notification dated august 13, 1958, and finally under notification dated november 13, 1958, published in the gazette of november 27, 1958. material rules ..... legislature takes it out of its own hands and vests in a special tribunal an entirely new and unknown jurisdiction, that special jurisdiction should be exercised in accordance with the law which creates it.20. if that be the true position, then the question of deciding validity of the election of a member would naturally arise when he becomes a member ..... from the date of his election for the purpose of selection of councillors under section 9 of the act. the cause of action for challenging the election therefore arises on the date of election.it would thus be clear from the observations quoted above that the principle of law stated therein is that the right to challenge an election arises when the elected .....Tag this Judgment!
Court : Mumbai
Decided on : Nov-10-1959
Reported in : (1960)62BOMLR547
..... the then state of madhya pradesh, but it is now not in dispute that the liability is that of the state of bombay under the provisions of section 91 of the states reorganization act.2. the plaintiffs sued upon a mortgage executed on may 10, 1944, by respondents nos. 1 and 2. the mortgage ..... terms of section 5-a unlike the provisions of law which fell to be construed in the cases cited by mr. deo.13. mr. deo then urged another ingenious argument. he pointed to the provisions of section 5(d) of the agriculturists' loans act which was also substituted by the amending act of 1947. the section provides that ..... damodhar  nag. 91 and abdul razak v. kuldip narain : air1944pat147 .12. in doolubdass pett amber doss v. ramloll thackoorseydass, the provision of law that fell to be construed was:that all agreements, whether made in speaking, writing, or otherwise, by way of gaming or wagering, shall be null and void; and no suit ..... has subsequently been awarded to the plaintiffs. it appears that defendants nos. 1 and 2, the mortgagors, made an application for instalments under section 11 of the moneylenders act and at the time of granting instalments the court awarded interest at 4 per cent per annum, simple, to the plaintiffs from the ..... the special government pleader on behalf of the state. the argument is based upon two decisions of this court reported in secy, of state for india v. bombay landing & shipping co.(1808) 5 b.h.c.r. 23 and bank of india v. bowman (1951) 57 bom. l. 345; and the .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Aug-20-1959
Reported in : AIR1960MP130
..... order to appreciate this point, the scheme of the states reorganisation act 1956 (hereinafter called 'the act') has to be examined.5. under section 2 of the act the following definitions are relevant:(a) 'appointed day' means the 1st day of november, 1930. (d) 'corresponding new state' means in relation to the existing state of bombay, madhya pradesh, mysore, punjab or rajasthan, the new state with ..... ordershiv dayal, j.1. this revision raises an interesting point. the question is whether the rules made by the high court at nagpur in exercise of the powers conferred under section 122 of the code of civil procedure (hereinafter called 'the code') and which were in force in the former state of madhya pradesh as it existed before the reorganization of ..... of the rules in the first schedule or the code could be annulled, altered or added to by such rules as a high court made under that power. rules made in exercise of that power became a part and parcel of the first schedule of the civil procedure code so tar as that state was concerned. in that view of the matter, the rules ..... force immediately before the appointed day extends or applies and territorial references in any such law to an existing state shall, until otherwise provided by a competent legislature or other competent authority, be construed as meaning the territories within that state immediately before the appointed day.'9. this section provides for a fiction and makes it very clear by the deeming provision that .....Tag this Judgment!
Court : Mumbai
Decided on : Oct-03-1959
Reported in : (1960)ILLJ110Bom
..... tribunal; now, therefore, in exercise of the powers conferred by sub-section (5) of s. 12 of the industrial disputes act, 1947 (xiv of 1947), read with s. 3 of the working journalists (conditions of service and miscellaneous provisions) act, 1955 (xiv of 1955), the government of bombay hereby refers the said dispute for adjudication to the ..... any workman, or any labour anywhere in the world. it is necessary therefore to give a limited meaning to the words and and they should be construed in conjunction with their context. the employer against whom such workers raise a dispute should be in a position to afford them the remedy which they seek ..... its jurisdiction. i do not agree. this may be true in case of a writ or order which is in personam but in regard to labour laws the tribunal can say that if the labour is to be employed in the state within its jurisdiction, it must be employed under the conditions laid ..... this in ex. u. 2 he has been addressed as editorial representative of the hindu in bombay, and is directed to cover certain function held at the inauguration of the oil imports at kandla port. in ex. u. 89, p. 4, again the editor of hindu writing to sri bowman, deputy secretary to the ..... government of bombay, revenue department, refers to sri salivateeswaran as hindu's representative in bombay. again in ex. u. 9, u. 14/1, u. 23, u. .....Tag this Judgment!
Court : Chennai
Decided on : Oct-23-1959
Reported in : AIR1960Mad320; 38ITR325(Mad)
..... india travancore which was amalgamated with cochin was a part b state under the till the reorganisation of states act. the indian finance act of 1950, contained certain provisions having permanent operation and provided for a uniform income-tax act for india.(11) section 13 of the indian finance act, 1950, so far as it is relevant, states:'if immediately before the first day of ..... union of india : 1scr233 . it was held that the provision which authorised a transfer did not violate any fundamental right of an assessee, and it was only if the power was exercised in discriminatory manner or for an extraneous consideration, the assessee could challenge it in court, provided he had not acquiesced in the jurisdiction of the income-tax officer ..... chargeable accounting period ending on or before 31-3-1949; provided that any reference in any such law to an officer, authority, tribunal, or court shall be construed as a reference to the corresponding officer, authority, tribunal or court appointed or constituted under the said act, and if any question arises as to who such corresponding officer, authority tribunal or court is, ..... the assessment, levy or collection.(14) in the commissioner of income-tax bombay v. m/s. khemchand ramdas the privy council observed that the word 'assessment' was used in the income-tax act as meaning sometimes the computation of income, and sometimes the whole procedure laid down in the act for imposing liability upon the tax-payer. none of these elements would .....Tag this Judgment!