Court : Supreme Court of India
Reported in : AIR1997SC3297; JT1997(6)SC449; 1997(4)SCALE746; (1997)8SCC191; Supp2SCR305
..... regulations made by the governor for all these states to which the fifth schedule was applicable were to have the same force and effect as an act of the appropriate legislature. but this was not stated in respect of rules which could be made by the governor under ci. 6(2) of the fifth schedule applicable to states of madras, bombay, west bengal, bihar, the central provinces ..... as to the administration of the said areas. 150. part ii applied to the states of madras, bombay, west bengal, bihar, the central provinces and berar, and orissa. clause 5 specified the laws applicable to scheduled areas in these states. it provided as under:- 5. law applicable to scheduled areas: (1) the governor may, if so advised by the tribes advisory council for the state, by public ..... account of their isolation, they remained illiterate, uneducated, unsophisticated, poor and destitute and developed their own society where they allowed themselves to be governed by their own primitive and customary laws and rituals. 138. successive governments who ruled india from medieval times to modern times (british period) allowed these tribals and aboriginals to live in complete isolation and allowed them to .....Tag this Judgment!
Court : Chennai
..... the interpretationgiven to various entries under the schedule need to be noted. 60. touching on the principles guiding the interpretation of legislative power of federal legislature and provincial legislature under the government of india act, 1935, in the decision reported in air 1939 federal court of india 1 (in the matter of the central provinces and berar sales of motor spirit and ..... provisions of articles 245 and 246, it is contended that irrespective of the service tax levy under the central law, what is taxed under tamil nadu entertainments tax act is the entertainment provided therein through dth. entry 62 list ii of vii schedule to the constitution of india is not obliterated by the introduction of service tax levy under entry 92 ..... dealing with the challenge on the levy of entertainment tax on cable television under the west bengal entertainment-cum-amusement tax act, 1982 and the cable television networks (regulation) act, 1995, made by the union parliament, the supreme court considered entry 62 list ii of the vii schedule to the constitution of india. the apex court observed: "41. a tax under entry 62 ..... stated in several other cases of this court. the same applies when the legislature reasonably applies a uniform rate after equalising matters between diversely situated persons. simply stated the law is this: differences in treatment must be capable of being reasonably explained in the light of the object for which the particular legislation is undertaken. this must be .....Tag this Judgment!
Court : Karnataka
Reported in : ILR1997KAR1573
..... the 7th schedule. the supreme court in calcutta gas company (proprietary) ltd. v. state of bengal and ors., : air1962sc1044 , dealt with the interpretation of the legislative entries, conflict of jurisdiction and rules of interpretation in such cases and held that attempt should be made to harmonise apparently conflicting; entries. referring to its earlier judgments in the matter of the central provinces and bearer ..... if resolutions to that effect are passed by all the houses of the legislatures of those states, it shall be lawful for parliament to pass an act for regulating that matter accordingly, and any act so passed shall apply to such states and to any other state by which it is adopted afterwards by resolution passed in that behalf by the house or ..... in lung- space and park areas and therefore to provide for its acquisition and transfer by law.whereas the competent authority under the urban land (ceiling and regulation) act, 1976 has held that the bangalore palace and surrounding land came within the regulation of the said act and has passed an order declaring substantial portion of the land surrounding bangalore palace as surplus land ..... or holding agricultural land or any other kind of property which do not attract the urban ceiling act. likewise it cannot be said that the pith and substance of the law governing the conferment of ownership of land on the tenant is a law regulating the imposition of ceiling on land holding. equally it cannot be said that the pith and substance .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1965SC540; 4SCR69
..... ss. iv, v, vi and vii and not ss. 11 and iii were extended to the central pro- vinces by the central provinces laws act xx of 1876. it is not correct as observed by the high court, that s. iii and first part of s. iv of the regulation do not cover the cases where each of several persons claims to be the single heir ..... high court. the district judge held that the application was barred by time in view of the provisions of art. 181 of the schedule to. the indian limitation act and that the provisions of s. iv of the regulation applied only to cases where the deceased had left several heirs and therefore dismissed the application. kumar rupendra deb went in revision to the ..... estate claiming title to it. since then she has been and still is in possession. on march 31, 1954, the respondent rupendra filed an application under s. 4 of the bengal regulation v of. 1799 in the court of the district judge of jalpaiguri for an order calling upon the appellant prativa bose to furnish security for compliance with the judgment that ..... the dispute was between several persons claiming to be that heir. then he held that the application by the respondent rupendra was barred under art. 181 of the first schedule to the limitation act. the respondent rupendra moved the high court at calcutta in revision against the order of the learned district judge. the high court disagreed with the learned district judge .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1995SC1868; JT1995(3)SC662; 1995(2)SCALE900; 1995Supp(2)SCC686; 3SCR639
..... ii entry 23, it is subject to the law made by parliament relating to the regulation of mines and mineral development (list i entry 54). a perusal of the mines and minerals (regulation & development) act, 1957 (central act 67 of 1957), sections 2, 3(a) & 3(d), sections 9 and 9-a and second and third schedules to the act, quoted in paragraph 3 (supra) will clearly point ..... then the duty of this court to reconcile the entries and bring about a harmonious construction. in in re the central provinces and berar sales of motor spirit and lubricants taxation act, 1938 , sir maurice gwyer proceeded to state:'only in the indian constitution act can the particular problem arise which is now under consideration; and an endeavour must be made to solve it ..... (sc) .5. at this juncture, it will be useful to remember the following well settled principles in constitutional law. in harakchand ratanchand banthia and ors. v. union of india and ors. : 1scr479 , a constitution bench of this court ..... to enact orissa act 36 of 1992. to substantiate their respective pleas, emphasis was placed on the following three decisions of this court: (1) india cement ltd. v. state of tamil nadu : 188itr690(sc) , (2) orissa cement ltd. v. state of orissa and ors. : 2scr105 , (3) buxa dooars tea company ltd. and ors. v. state of west bengal : 179itr91 .....Tag this Judgment!
Court : Supreme Court of India
Reported in : 2SCR747
..... 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 under its immediate authority and management the territory mentioned in schedule a, which was formerly included in the province of the punjab and provided ..... the same considerations are applicable with regard to the legislative bodies which exercised the powers of law-making at the relevant periods when the delhi laws act of 1912 and the ajmer-merwara act of 1947 were enacted. under the indian councils act, 1861, the power of making laws and regulations was expressly vested in a distinct body consisting of the members of the governor-general's ..... real resemblance to section 7 of the delhi laws act. act xxii of 1869 was enacted to remove the garo hills from the jurisdiction of tribunals established under the general regulations. that was its limited purpose. by section 5 the administration of this part was vested in the officers appointed by the lieutenant-governor of bengal and those officers had to be under his ..... being impugned. at that date a slice of territory known as the khasi hills was governed by act vi of 1835 and bengal regulation x of 1822; so also another piece of territory known as the garo hills. section 3 of the impugned act repealed these laws (except on matters which do not concern us) so far as they related to the khasi hills .....Tag this Judgment!
Court : Supreme Court of India
Reported in : (2004)187CTR(SC)219; 266ITR721(SC); JT2004(1)SC375; 2004(1)SCALE425; (2004)10SCC201
..... given anextended meaning of the word "sale" by holding that the same would mean"use or consumption". it was held :"...in c.p. motor. spirit act, re (central provinces and berar sales ofmotor spirit and lubricants taxation act, 1938, re, air 1939 fc 1) it washeld that two entries in the lists may overlap and sometimes may alsoappear to be in direct conflict ..... of the state or a fee for renderingservices by the state and it does not impinge upon regulation of mines andmineral development or upon control of industry by the central government,it is not unconstitutional.the result: - individual cases(a) coal mattersthe amendments incorporated by the west bengal taxation laws (amendment)act 1992 w.e.f. 1.4.1992 into the provisions of the west ..... general could empower either the dominion legislatureor a provincial legislature to enact a law with respect to any matter notenumerated in any of the lists in the seventh schedule to the act,including a law imposing a tax not mentioned in any such list and theexecutive, authority of the dominion or of the province, as the case maybe, shall extend to the administration of any ..... law so made, unless thegovernor general otherwise directs. in constitution, of india, however,such .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1939Cal435
..... act to be, either in whole or in part, subject to legislation by the indian ..... sanction of the governor-general under section 80(a)(3), government of india act, 1919, the material portion of which is as follows:the local legislature of any province may not without the previous sanction of the governor-general, make or take into consideration any law. * * * * * * *(e) regulating any central subject ; or (f) regulating any provincial subject which has been declared by rules under this ..... , because that jurisdiction cannot in my judgment be taken away but by express words or by words creating a necessary implication to that effect,and in jacobs v. brett (1875) 20 eq. 1 at pp. 6 and 7 the latter made the following observations:in the next place, i think nothing is better settled than that an ..... from that schedule that the jurisdiction, powers and authority of high courts can only be modified by the indian legislature. it would follow then that any provision in a local act which purported to affect the jurisdiction of the high court would be ultra vires the powers of that legislature. as pointed out previously, the provisions of the bengal agricultural debtors act affect .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1974Cal39
..... the dominion' mentioned in paragraph 1 of list i of the 7th schedule to the government of india act, 1935, as adapted'.the preamble to the act is :'whereas it is expedient to provide for the constitution and regulation of an armed central reserve police force.'69. the question is should it be held, ..... or for the signification of his majesty's pleasure has received the assent of the governor-general or of his majesty, the provincial law shall in that province prevail, but nevertheless the federal legislature may at any time enact further legislation with respect to the same matter: provided that no bill ..... to controvert or dispute the statements made in the affidavits-in-opposi-tion. it is, therefore, clear to me that the central reserve police force has been brought into west bengal to meet a particular need, and it is not intended to be permanently posted in the state, and is to be ..... state. to the same effect is the affidavit of r. n. de, deputy secretary, home department, government of west bengal which says that the question of posting of the central reserve police force and its existence are being constantly watched and considered by the appellants and as soon as the appellants ..... similar question came up before the judicial committee in 74 ind app 23 = (air 1947 pc 60). in that case, the vires of the bengal money-lenders act was questioned on the ground that though 'money-lending and money-lenders' were within the legislative competence of the provincial legislature under' entry 27 .....Tag this Judgment!
Court : Delhi
..... to support the existence of court fees for over 150 years.877. the preamble to the bengal regulation act of 1795 stated that the purpose of prescribing higher court fee therein was to drive away ?vexatious litigation?. lord macaulay who was heading the first law commission debunked this argument. vexatious and frivolous litigation, lord macaulay mentioned, was there long w. ..... seventh schedule].. there are two categories of states at present: firstly, those that have adopted the central court fees act of 1870 along with local amendments; and secondly, those states that have repealed the central act and enacted complete state laws on the subject.62. with respect to other territories, the central act has been extended to new and merged states by the merged states (laws) act, ..... since the date of the coming into operation of the government of india act, 1935 the court fees act must be deemed to have continued to be in operation in the various provinces of india as a provincial act passed by the appropriate provincial legislature and not as a central act because the provincial legislatures alone had the power to legislate in respect ..... only for dispute redressal but also for ameliorating the plight of those whom development has left behind, and are struggling to survive.608. emerging jurisprudence from the canadian province of british columbia departs from the strict approach of the us supreme court, which appears to protect poor persons from court fees they cannot afford only when their .....Tag this Judgment!