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Judgment Search Results Home > Cases Phrase: central provinces laws act 1875 preamble 1 central provinces laws act 1875 Page 1 of about 11,035 results (0.997 seconds)

Apr 16 1962 (SC)

Municipal Corporation of the City of Jabalpur Vs. State of Madhya Prad ...

Court : Supreme Court of India

Reported in : AIR1966SC837; [1963]2SCR135

..... which the transfer of the land was communicated to the municipal committee. the preamble recites that is what being communicated is the order of the government of the central provinces. the words of conveyance are in the second paragraph and they read : 'under section 38(1)(f) of the central provinces municipalities act, 1922 government is pleased to transfer to the municipal committee....'. 12. the ..... directed by the governor in council with the previous sanction of the government of india to communicate the following order of the government of the central provinces :- under section 38(1)(f) of the central provinces municipalities act, 1922, government is pleased to transfer to the municipal committee, jubbulpore, free of premium and ground rent nazul land measuring....... of the jabbulpore town. the ..... untenable contention which has not been persisted in. 10. the question as to who a transferer is obviously a question of fact or at beast a mixed question of law and fact and when a party in a writ petition does not allege any such fact, it stands to reason that he ought not to be permitted to travel beyond ..... works constructed or erected in contravention of the terms of the transfer.' (the expression 'provincial government' was amended so as to read 'state government' by the adaptation of laws order). 5. complaining that this notification was illegal and beyond the jurisdiction of the state government the jabalpur corporation moved the high court of madhya pradesh for relief under art .....

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Sep 02 1957 (HC)

Passarilal Mannoolal Vs. Mst. Chhuttanbai and ors.

Court : Madhya Pradesh

Reported in : AIR1958MP417

..... it is reproduced below :'preamble. whereas it is expedient to provide for the setting aside of champertous agreements and to amend the indian contract act, 1872, for that purpose; it is hereby enacted as follows : 1. this act may be cited as the central provinces and berar indian contract (amendment) act, 1938. 2. after ..... rule of law laid down by the privy council in ram coomer v. chunder canto (c) (cited supra) remained the same in other provinces of british india. after nearly a dozen years it appears that the then c. p. and berar government introduced a special bill 'the central provinces and berar ..... indian contract (amendment bill, 1937 (bill no. 45 of 1937) in the assembly. the bill is published at page 185 of the c. p. and berar gazette, dated, nagpur, 3-12-1937 (part ii). it is stated in the 'statement of objects and reasons :'in india the specific rules of english law ..... decisions were not uniform. some courts held that the principles of the english law must be made applicable, while others held that those principles could not be made applicable to the conditions in india, different courts gave ..... agreements are still void and there has been absolutely no relaxation in this respect.13. the question whether the principles of the english law relating to maintenance and champerty should be applied to the indian society was canvassed in the earliest british courts in india, but their .....

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Oct 16 1998 (HC)

Preman Vs. Union of India (Uoi) and ors.

Court : Kerala

Reported in : AIR1999Ker93

..... as amended by the c.p. and berar motor vehicles (amendment) act, 1947. very far-reaching amendments were introduced by the impugned act into motor vehicles act, 1939 in its application to central provinces and berar by section 3 of the amending act. item (ii) of sub-section (1) of section 43 of the central act was replaced by fixing maximum, minimum or specified fares or freights for ..... is inevitable and as long as the minority communities do not come forward on their own. state is not in a position to amend the laws to make it uniform. h) the learned senior central government standing counsel drew our attention to the historical background of this enactment and submitted that the unwelcome reality may be appreciated that different communities ..... ultimate recipients constitute either the community as a whole or an unascertainable and indefinite portion thereof.'our attention was also drawn to paragraphs 501 (definition of charity), 514 (purposes in preamble to be read separately, 518 (poor of a particular religion), 519 (gifts to poor relations), 522 (advancement of education and learning), 523 (education of limited class), 524 (education ..... part of the main religion from which they get separated. the denominational sect is also bound by the constitutional goals and they too are required to abide by law; they are not above law. law aims at removal of the social ills and evils for social peace, order, stability and progress in an egalitarian society.'the decision reported in a. s. .....

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Sep 21 1959 (HC)

Rao Shankar Pratap Singh Vs. the State of Madhya Pradesh

Court : Madhya Pradesh

Reported in : AIR1960MP86

..... expression not herein defined but used or explained in the central provinces land revenue act, 1917, or the central provinces tenancy act, 1920, and the central provinces settlement act, 1929, shall have the meaning therein assigned to it'. we can take the help of the central provinces land revenue act, 1917, or the central provinces tenancy act, 1920, or the central provinces settlement act, 1929, for ascertaining its meaning if that expression has been used ..... necessary 'agricultural practice'.43. i find considerable support for my conclusions regarding the interpretation of the term khudkasht in section 2(5) of the central provinces land revenue act, 1917, for the purpose of section 4(2) of the madhya pradesh abolition of proprietary rights (estates, mahals, alienated lands) act, 1950 from the following considerations:44. though the preamble or the purpose of an ..... of 1956: these are appeals by the state government. the evidence of the plaintiffs' witnesses has been accepted to establish the agricultural practice pleaded, and in the view of law i have taken, the suits were rightly decreed. these appeals will therefore have to be dismissed.68. letters patent appeal no. 106 of 1958: this is an appeal against the ..... to be deemed other than what it is, we must be careful to see within what bounds and for what purpose it is to be so deemed: gover's case, (1875) 1 chd 182 at p. 188 and ex parte walton: in re, levy, (1881) 17 ch d 746 at p. 756.32. in the instant case, the legal fiction .....

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Aug 03 2005 (HC)

Pramod Prabhakar Kulkarni Vs. Balasahab Desai Sahakari Sakhar Karkhane ...

Court : Mumbai

Reported in : 2006(2)ALLMR233; (2006)ILLJ616Bom; 2006(3)MhLj139

..... chapter v-a and section 33c, must therefore, fail. the next attempt, namely, that the central provinces and berar act applies, is also ineffective. it is pointed out that the preamble of the central provinces and berar act shows that it was an act for the promotion of peaceful and amicable settlement of industrial disputes by conciliation and arbitration, that 'industrial dispute' means any dispute or ..... effect notwithstanding anything inconsistent therewith contained in any other law including standing orders made under the industrial employment ..... 78 read with section 79 of the bir act. such an employee can also file claim under section 33-c(2) of the id act if he only claims the amount due to him.10. apart from this, section 25-j of the id act reads thus:250j. effect of laws inconsistent with this chapter. - (1) the provisions of this chapter shall have ..... (standing orders) act, 1946:provided that where under the provisions of any other .....

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Dec 09 1960 (HC)

In Re: Bilasrai Juharmal and anr.

Court : Mumbai

Reported in : AIR1962Bom133; (1961)63BOMLR815; [1962]32CompCas215(Bom)

..... the said business. . . . . . .'then there is reference to specific objects, one of which is 'to work out the akola electric license granted by the government of central provinces to vakharia and others'. again general words have been used viz, 'and any other like electric license which the company may be entitled to work hereafter. . . . . . ..... even say deprcated, the practice which has recently grown up of including multifarious objects as independent objects or as objects put down after 'without prejudice' preamble, lord wrenbury stated that he had to reconcile himself with this practice much against his conviction and without considerable reluctance. now, it is one thing ..... as my individual opinion goes, to hold that they are strictly the limits of the 'just and equitable' clause as found in the companies act. i think that in a case like this we are bound to say that circumstances which would justify the winding up of a partnership between these ..... new undertaking to which they are not a party. in this contention reference was made to a passage at p. 702 of palmer's company law. 12thedn., 1959 under the heading 'contributory's petition, which is as follows:'the substratum is held to be gone when the main object for ..... a question of equity between a company and its share-holders. the question whether or not a transaction is ultra vires is a question of law between the company and a third party. the truth is that the statement of a company's objects in its memorandum is intended to serve .....

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May 23 1951 (SC)

In Re: the Delhi Laws Act, 1912, the Ajmer-merwara (Extension of Laws) ...

Court : Supreme Court of India

Reported in : [1951]2SCR747

..... under its immediate authority and management the territory mentioned in schedule a, which was formerly included in the province of the punjab and ..... no unwarrantable delegation of legislative powers in section 7 of the delhi laws act. 343. i now come to the ajmer-merwara (extension of laws) acts, 1947, section 2 of which authorises the central government to extend, by notification in the official gazette, with such restrictions and modifications as it thinks fit, to the province of ajmer-merwara any enactment which is in force in any other ..... the widest power of delegation. in the light of the principles discussed above i now proceed to discuss the questions referred to us. 483. re question 1 : the delhi laws act, 1912, came to passed in the circumstances recited in the preambles to the act. by notification no. 911, dated september 17, 1912, the central government, with the sanction of the secretary of state for india, took .....

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May 07 1982 (SC)

Sardar Govindrao and ors. Vs. State of Madhya Pradesh and ors.

Court : Supreme Court of India

Reported in : AIR1982SC1201; (1982)2SCC414; [1982]3SCR729; 1982(14)LC767(SC)

..... contained in any such grant, contract, law, rule or instrument, be liable from the agricultural year 1948-49.(i) in the central provinces to the payment of land revenue equal to the amount of kamil-jama as revised by the central provinces revision of the land revenue of estates act, 1947, or by the central provinces revision of the land revenue of mahals act, 1947, as the case may be ..... in terms thereof.2. after the central provinces and berar revocation of land revenue exemptions act, 1948 was brought into force, the appellants who held estates in the districts of hoshangabad and nimar on favourable terms as jagirdar's muafidars and ubaridars ..... disallowing the appellant's claim to the grant of money or pension under clause (ii) of sub-section (3) of section 5 of the central provinces and berar revocation of land revenue exemptions act, 1948 (for short 'the act') on the ground that they are not entitled to the grant of such money or pension not being 'the descendants of a former ruling chief ..... were of the view that the appellants never enjoyed any status higher than that of a jagirdar.5. the whole object and purpose of the legislation, as reflected in the preamble, is to revoke all prevalent exemptions from liability to pay land revenue. the legislature felt that there was no justification for continuing the exemption from liability to pay land revenue .....

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Apr 24 1973 (SC)

Kesavananda Bharati Sripadagalvaru and ors.Vs. State of Kerala and anr ...

Court : Supreme Court of India

Reported in : AIR1973SC1461; (1973)4SCC225; [1973]SuppSCR1

..... to be made and not a mere act which declares what the law is to be." in in re the central provinces and berar act xiv of 1938 [1939] f.c.r. 18 (at 37), sir maurice gwyer c.j. after adopting these observations said : "especially is this true of a federal constitution with its nice balance of jurisdictions. i conceive that a broad and liberal ..... constitution which is most meaningful and evocative, is beyond the reach of the amending power and therefore no amendments can be introduced into the constitution which are inconsistent with the preamble. the preamble walks before the constitution and is its identity card. 2178. counsel has made an alternative submission that assuming for purposes of argument that the power of amendment is wide ..... made of the state v. the minister for justice etc. [1967] ir. rep. 106 in which it was held that the provisions of section 13 of the lunatic asylums (ireland) act 1875 which prevented an accused person from appearing before the district court on the return date of his remand constituted interference with an exercise of judicial power to administer justice. this ..... which it was conceived. we erected the edifice of our constitution in the hope that it will last, unlike the french who, on the establishment of the third republic in 1875, framed a constitution in the hope that it will fail, since the majority of the constitution-makers were not republicans but royalists. in the peculiar conditions in which the french .....

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Nov 08 1977 (SC)

State of Karnataka Vs. Union of India (Uoi) and anr.

Court : Supreme Court of India

Reported in : AIR1978SC68; (1977)4SCC608; [1978]2SCR1

..... to be made and not a mere act which declares what the law is to be'. in in re the central provinces and berar act xiv of 1938 1939 fcr 18 1937, sir maurice gwyer, c.j., after adopting these observations said : 'especially is this true of a federal constitution with its nice balance of jurisdictions. i conceive that a broad and liberal spirit should ..... concept and the apprehensions expressed on behalf of the respondents that neither the citizen nor the parliament would be able to understand it are unfounded. if the historical background, the preamble, the entire scheme of the constitution, the relevant provisions thereof including article 368 are kept in mind there can be no difficulty in discerning that the following can be regarded ..... of karnataka hereby appoint...the commission of inquiry for the purpose of making an inquiry into the said allegations, particularly specified below...178. the preamble of the central government notification on the other hand recites : whereas the central government is of opinion that it is necessary to appoint a commission of inquiry for the purpose of making an inquiry into a definite ..... on an enquiry as to the misuse of the governmental powers by the other.280. the provisions of the commissions of inquiry act, 1952, act 60 of 1952 will now be examined. the preamble of the act, is as follows :-an act to provide for appointment of commissions of inquiry and for vesting such commissions with certain powers.section 2 defines the 'appropriate government .....

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