Court : Karnataka
Reported in : AIR1958Kant184; AIR1958Mys184; (1958)36MysLJ150
..... of the provisions of the bombay district municipal act, 1901 and the states reorganisation act, 1956. i have already referred to sub-sections (1) and (2) of section 22 of the bombay district municipal act, 1901. it would not be necessary for me at this stage to refer to any other section of the said act. some other provisions of the said act would be material for me to consider when i deal with the other questions ..... question of jurisdiction, in my opinion, can be disposed of on a consideration of the other provisions of the said act, viz., section 119 of the states reorganisation act.the said section provides that the provisions of part ii shall not be deemed to have effected any change in the territories to which any law in 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 .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1964SC1690; (1964)66BOMLR698; [1964(9)FLR324]; (1964)IILLJ639SC; 1965MhLJ73(SC); 7SCR639
..... clause 9 of 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 ..... 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 the action taken by the government in issuing notices of termination of services on abolition of posts did not comply with the provisions ..... the state of bombay in the year 1960. by the bombay reorganisation act, no. 1 of 1960, the state of bombay was again divided; part of what was in the former state, was formed into a new state by the name of the state of gujarat, while the remaining area was named, the state of maharashtra. in consequence of this some other areas were excluded ..... abolition of posts and terminating the services of employees in those posts the government had contravened the provisions of s. 31 of the c.p. and berar industrial disputes settlement act. that section is in these words :- '31. (1) if an employer intends to effect a change in any standing orders settled under s. 30 or in respect of any industrial .....Tag this Judgment!
Court : Mumbai
Reported in : AIR2000Bom211; 2000(2)ALLMR48; 2000(2)BomCR556
..... of the former independent part with sovereign state. by virtue of the provisions of the state reorganisation act, 1956, the territories of the former state of kutch became a port of the bigger bilingual state of bombay and, therefore, with effect from november 1956 the high court of bombay had jurisdiction to exercise its powers in relation to kutch district. by the enactment of bombay reorganisation act, 1960 which came into force ..... ., : 3scr26 . we are of the opinion that in view of the clear provisions of section 7(2) of the criminal law amendment act, 1952 and articles 14 and 21 of the constitution, these directions were legally wrong.24. the decisions which are given in ignorance or forgetfulness of some inconsistent statutory provisions or of some authority binding on the court concerned which may result in ..... case, thirdly, it refused to apply observations of apex court in m. v. elisabeth case though the said observations are of binding nature and fourthly non consideration of constitutional provisions and other laws which govern the jurisdiction of high courts.25. the learned counsel for the plaintiffs submitted that the judgment of the learned single judge in marine engineers is binding and it .....Tag this Judgment!
Court : Karnataka
Reported in : ILR1998KAR1532; 1998(2)KarLJ621
..... governed by the 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, which as ..... deity on festival occasions like navarathri etc. and prevented from removing the jewellery belonging to the math from the locker until orders are issued by the assistant commissioner to that effect. besides the charity commissioner has raised a demand for payment of contribution from the mathto the public trust administration fund and threatened action against the petitioner in case it failed ..... years ago by the 12th jagadguru his holiness vidyaranya shankaracharya of sringeri peetham. the math is presided over by a matadhipathi or pecthadipathi, who is the spiritual head and guru with the power to manage the math, its properties and incomes derived therefrom. the principal object of the math is to impart vedic knowledge to the students and to train vedic .....Tag this Judgment!
Court : Madhya Pradesh
Reported in : 1974MPLJ691; 34STC504(MP)
..... law which may go against any specific provision made in 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 ..... or expedient, and thereupon every such law shall have effect subject to the adaptations and modifications so made until altered, repealed or amended by a competent legislature or other competent authority.explanation.--... in exercise of the power conferred by this section, the government of madhya pradesh inserted in the central provinces sales tax act a new section 11-c as follows:power of ..... 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 ..... 12. under the scheme of the central provinces sales tax act incidence of tax falls on all sales effected after the commencement of the act by a dealer whose turnover during the year or period specified in sub-sections (1) and (2) of section 4 exceeds the limit specified in sub-section (5) of that section. tax is, however, levied on a dealer's ' .....Tag this Judgment!
Court : Gujarat
Reported in : (1997)2GLR1530
..... 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 the respondents to get approval of the central government for ..... 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 of the bombay reorganisation act, the right of the petitioners for being considered for promotion in ..... 24th february 1984 of the surveyor/ clerks wherein the petitioners have been placed at sr. nos. 31, 7, 11, 23, 27, 29, 34, 42, 57, 59, 61, 69, 78, 79, 94, 99 and 24 respectively. the petitioners were not considered for promotion to the post carrying pay scale of rs. 425-700 though the persons who were placed junior to them .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1992Bom435; 1992(3)BomCR494; (1992)94BOMLR984
..... and part iv of the bombay reorganisation act, 1960 (xi of 1950) constituted and established a new high court for the state of gujarat created by the said act. all these acts were ordinary laws.'as stated hereinabove, this passage finds place in' para 68 of the said judgment of the special bench, but it was in the context of disagreeing with the judgment of the full bench ..... petitioner indu bhushan that the state legislature had no authority to establish any additional court. main argument was based on the effect of art. 247 of the constitution of india. it was contended that art. 247 of the constitution overrides all other provisions relating to establishment of any additional court after coming into operation of the constitution. the learned single judge negatived constitutional ..... how parliament and state legislators can legislate in different fields. he also drew our attention to article 254 of the constitution and urged that in terms of the said article inconsistency if any can be resolved. it is undisputed that prior to 42nd amendment (i.e. prior to 3-1-1977) entry 3 in list ii to theseventh schedule was in ..... court : (1) whether the city civil court act was ultra vires the legislature of the province of bombay in so far as it dealt with the jurisdiction and powers of the high court and city civil court with respect to matters in list i of seventh schedule, govt. of india act, 1935; and (2) whether section 4 of the act was void as it purported to delegate .....Tag this Judgment!
Court : Gujarat
Reported in : AIR1965Guj234a
..... other points which have been argued before us and we shall briefly deal with the same.(29) mr.k.m.chhaya, the learned advocate who appears on behalf of the third respondent, has contended before us that no relief should be granted to the petitioners on the present petition. he strongly relied upon the provisions of section 81(1) of the bombay reorganisation act, 1960, whereunder a provision ..... have to consider is the extent to which parliament has framed laws in the exercise of its undoubted powers under articles 2, 3 and 4 of the constitution affecting the same.(18) that takes us to the provisions contained in section 115 and section 117 of the states reorganisation act, 1956. sub-section (5) of section 115 lays down that the central government may by order establish ..... to be struck down as inconsistent with the act.......'.it is clear from what is stated above that the observations of the judicial committee of the privy council in r.venkata rao's case, 64 ind app 55: (air 1937 pc 31) to the effect that the rules framed under section 96b, sub-section (2) of the government of india act, 1915, were mere administrative ..... constitution. (3) this tenure is subject to the limitations or qualifications mentioned in article 311 of the constitution. (4) the parliament or the legislature of states cannot make a law abrogating or modifying this tenure so as to impinge upon the overriding power conferred upon the president or the governor under article 310,as qualified by article 311. (5) the .....Tag this Judgment!
Court : Gujarat
Reported in : AIR1962Guj128; (1962)0GLR269
..... the indian legislature intended, when dealing with the territorial extent of laws to include judicial precedents in the expression law in force' in section 87-section 87 of the bombay re-organisation act, 1960, is in line with section 119 of the states reorganisation act, 1956. the said section 119 provides as under :-'territorial extent of laws, -- the provisions of part ii shall not be deemed to have effected any change is the territories to which ..... or usage as part of that law in force immediately before the commencement of this act shall cease to have effect with respect to any matter for which provision is made in this act; (b) any other law in force immediately before the commencement of this act that cease to have effect in so far as if is inconsistent with my of the provisions contained in this act'. hindu law has been stated by the ..... the use of the word 'jaw' in different sections of the act. the learned advocate general pointed out that the word 'law' was used in three different combinations in various sections of the act. the word 'law' simpliciter was used in sections 44 and 94, the words 'law made'' were used in section 88 and the words 'law in force' were used in sections 30 to 36, 87 and 90. two contentions .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1964SC648; (1964)0GLR481; 5SCR294
..... bombay, provisions relating to the continuance in office of the officers in the same posts which they occupied before the appointed day, and maintaining the territorial extent of laws were enacted. section 82 of the bombay reorganisation act, 1960, enacted that every person who, imme- diately before the appointed day, is holding or discharging the duties of any post or office in connection with ..... effected any change in the territories to which any law in force immediately before the appointed day extends or applies, and territorial references in any such law to the state of bombay shall, untill otherwise provided by a competent legislature or other competent authority, be construed as meaning the territories within that state immediately before the appointed day. by s. 2(d) of the bombay reorganisation act, 1960 ..... the collector and considered the report in pursuance of the functions entrusted to him under the notification issued by the president. in so acting he did not act in any manner inconsistent with the authority conferred, or which could in law be conferred, upon him. the second objection must also fail. in our view therefore the appeal fails and is dismissed ..... which therefore fell to be determined in the edward mills' case(,) was whether the order made by the central government under s. 94(3) of the government of india act, 1935, could be regarded as "law in force" within the meaning of art. 372 of the constitution. it was urged that an order may fall within the definition .....Tag this Judgment!