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Judgment Search Results Home > Cases Phrase: central provinces laws act 1875 section 4 confirmation of existing acts Page 1 of about 3,108 results (0.332 seconds)

Feb 05 1973 (HC)

Shriniwas Dwarkadas Agarwal and anr. Vs. Sundarbal and ors.

Court : Mumbai

Reported in : AIR1974Bom203; 1974MhLJ51

..... pay to the crown engrafted under section 48. the land may belong to one but trees were subject to other rights and obligations, either recognised by suction or carved out by statute.13. as to areas forming central provinces one may briefly consider the position under the central provinces tenancy act, 1920. a very lucid and erudite commentary exists on the 'law of agricultural tenancy and village service ..... sell its proceeds as of right.16. as to the rights relating to propagation and collection of lac and pluck and appropriate it, section 96 of c.p. tenancy act came to be enacted after the decision in (1908) 4 nag lr 104 where the court found that the tenant had the same right in palas trees as he had on the holding ..... member observed that the trees growing on land would also pass under the statutory purchase and there was no cause to settle any price or pay to the land-holders.4. it is plain that a very technical approach was taken by the learned member of the maharashtra revenue tribunal upon the pleadings of the parties. in fact throughout the petitioners ..... was entitled to the fruit of the trees standing on any land covered by the tenancies. prior to the c.p. tenancy act, 1920 (act no. 1 of 1920), the position was found in hiria v. mahomed sirajuddin khan 1908) 4 nlr 104 that the landlord was the owner of the trees on the land of his tenant; the tenant was entitled to .....

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May 10 1963 (SC)

Prativa Bose Vs. Kumar Rupendra Deb Raikat and ors.

Court : Supreme Court of India

Reported in : AIR1965SC540; [1964]4SCR69

..... fact that when extending the provisions of this regulation to other provinces all the three sections viz., ii, 111 and iv have not been invariably extended. only 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 ..... wish to notice is the fact which we have earlier noticed, that under the section, the judge is to call for security suo motu.. of course, the judge cannot call for security unless the facts entitling him to do so exist. it is obvious that in most cases the judge would have no knowledge of ..... these facts. he would thus be unable to act suo motu in a very large number of cases. it seems to us that it could ..... respondent rupendra was not under the code in any sense. the regulation had been in existence before the civil procedure codes had been enacted. we, therefore, think that even if s. 4 of the regulation required an application, art. 181 of the limitation act would not apply to such application. (1) [1953] s.c.r. 351, ..... for they confer power to protect the right of a party. we say this because the section does not proceed on the basis that the party out of possession has any right but only on the basis of the existence of a dispute no matter however unmeritorious. it 'seems that if the power that the .....

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Sep 06 1971 (HC)

T.V. Ramasubba Iyer and anr. Vs. A.M. Ahamed Mohideen

Court : Chennai

Reported in : AIR1972Mad398

..... good conscience. in secretary of state v. rukhminibai, pollock, j. pointed out:--'it is to be noted that section 6 central provinces laws act of 1875 prescribes that the court should act according to justice, equity and good conscience, not that it should act according to the rules of english law; it is also to be noted that the privy council has merely states that the courts in this ..... assuming that the english principle of law, as it is in existence, is automatically applicable to the indian conditions, still by the time this case came to be decided, even the english law has been altered by section 4 of the defamation act, 1952, and therefore on this basis, it is the law as it stood after modification by section 4 of the defamation act, 1952 that should have been ..... applied to the present case and not the law as ..... laid down by the house of lords in 1910 ac 20. as i have pointed out already, the trial court came to the conclusion that the appellants did not know of the existence of the respondent herein and the .....

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May 02 1974 (HC)

Smt. Vidya Devi and anr. Vs. Madhya Pradesh State Road Transport Corpo ...

Court : Madhya Pradesh

Reported in : AIR1975MP89; 1974MPLJ573

..... law existing in england before 1945 or whether we can apply the principles contained in the english act of 1945.7. the indian courts in the absence of any specific law are enjoined to decide cases 'according to justice, equity and good conscience.' the relevant statutory provision, so far as mahakoshal region in this state is concerned, is section 6 of the central provinces laws act, 1875 ..... collided with the bus. natthulal (p, w. 5) also stated in his evidence that the bus was running at a moderate speed. suraj (p. w. 4) and natthulal (p. w. 5) both stated that both the vehicles had blown the horn while approaching the crossing. there is no evidence that either of the ..... the witnesses stated that the motor-cycle came under the wheels of the bus or that the bus hit the same from behind. suraj (p. w. 4) in his evidence stated that the motor-cycle, after it came upon the intersection, turned towards right and at that stage the impact occurred. but this ..... vehicles proceeding along that road, and in any other case give way to all traffic approaching the intersection on his right hand.' 4. the evidence relating to the accident produced by the appellants consists of three witnesses, namely, vijay singh (p. w. 3), suraj (p. w ..... . 4) and nathulal (p. w. 5). the respondents examined two witnesses, the driver abdul bashir (d. w. 1) and the conductor sanad kumar (d. .....

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Sep 15 1978 (HC)

Raj Kumar Rai Vs. State

Court : Sikkim

Reported in : 1979CriLJ310

..... was declared by the supreme court by the majority in the delhi laws act case, on 23rd may, 1951, that such a power to repeal corresponding laws by notification under section 2 of the part c states (laws) act, 1950, was invalid and ultra vires and therefore, the extension of the central provinces law was to be deemed to have been made without repealing the corresponding ..... vindhya pradesh law.thereafter, parliament passed the part c states (miscellaneous laws) repeal act, 1951, repealing inter alia the vindhya ..... much in force, even though it was subsequently repealed by a legislation with retrospective effect from the date when the central provinces law was extended. in considering the question whether such an extension of a new law without repealment of the corresponding existing law was valid, it was observed by a unanimous bench of five judges in bhaiyalal's case (at page 987) ..... the legality of the conviction and i need not invoke any othen jurisdiction vested in this court in disposing of this case.4. the next question, therefore, on which the appeal entirely depends is whether the arms act, 1959, is validly operative in sikkim after its extension thereto by the president by a notification under clause (n) of .....

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Dec 21 1961 (SC)

Bhaiyalal Shukla Vs. State of Madhya Pradesh

Court : Supreme Court of India

Reported in : AIR1962SC981; [1962]Supp(2)SCR257; [1962]13STC236(SC)

..... from april 1, 1951 in vindhya pradesh. it only declared what was a legal fact even without this declaration. not did the central provinces and berar sales tax act owe its existence to act 6 of 1952. act 6 of 1952 only declared what the result of the earlier laws was, and added the authority of the vindhya pradesh legislature to remove doubts and to save the ..... on january 8, 1953, it was provided as follows : '2. for the removal of all doubts it is hereby declared that...... central provinces and berar sales tax act, 1947 as extended to vindhya pradesh under section 2 of the part c states laws act, 1950 (has been) and shall be deemed to be in force in vindhya pradesh from april 1, 1951. 7. repeal and savings ..... liability acquired, accrued or incurred thereunder before the aforesaid dates.' 19. it is said that, if the two sections are read together they mean that the central provinces and berar sales tax act was freshly extended from april 1, 1951 by the vindhya pradesh act and any law made by any authority earlier was freshly repealed to make room for the extension. this argument, in our ..... , 1950 by notification no. 7 of march 28, 1950 by the chief commissioner, vindhya pradesh, acting under s. 1(2) of the ordinance. 4. parliament then passed the part c states (laws) act, 1950. section 2 of that act provided : 'power to extend enactments to certain part c states :- the central government may, by notification in the official gazette extend to any part c state..... or to .....

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Oct 26 1961 (HC)

Manilal Manekji (Private) Ltd. Vs. Municipal Committee, Malkapur and a ...

Court : Mumbai

Reported in : AIR1963Bom3; (1962)64BOMLR471; ILR1962Bom508

..... of 14 maunds or 392 ibs. pressed 4 annas.' it will be noticed that the first notification was published under the then existing berar municipal law, 1886, and the second notification under the provisions of the central provinces municipalities act, 1922, as applied to berar. the berar municipal law, 1886, under which the first notification was issued was repealed by section 2 (1) of the c. p. municipalities ..... ) of sub-section (i) of section 66 of the said act, for the imposition of the tax on persons carrying on ..... and is as follows : 'no. 11-3924-m-xiii. in exercise of the powers conferred by sub-section (5) of section 67 of the central provinces municipalities act, 1922 (c. p. act ii of 1922), as applied to berar, the governor of the central provinces and berar is pleased to confirm the following schedule of rates made by the municipal committee, malkapur in the buldana district, under clause (b .....

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Nov 17 1966 (SC)

Municipal Committee, Akot Vs. Manilal Manekji Pvt. Ltd. and anr.

Court : Supreme Court of India

Reported in : AIR1967SC1201; (1967)69BOMLR316; 1967MhLJ275; [1967]2SCR100

..... act, 1935, berar having become part of the governor's province of the central provinces and berar. section ..... amount or rate thereof. 7. the law as applied to berar, although called the central provinces municipalities act, 1922, was not the same law as the central provinces municipalities act, 1922, as in force in the central provinces. 8. on august 1, 1941, the central provinces and berar act (xv of 1941) - called the berar laws (provincial) act, 1941 - came into force. this act was passed by the governor under section 93 of the government of indian ..... with the point whether the word 'imposed' in item 4 of the schedule to the profession tax limitation act, 1941, would include 'deemed to be imposed' because by virtue of section 3 of the berar laws (provincial) act, 1941, the tax would be deemed to be imposed not under the central provinces municipalities act, 1922, but the central provinces and berar municipalities act, 1922. 15. in the result the appeals fail .....

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Apr 21 1989 (SC)

Ramesh Birch and ors. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR1990SC560; JT1989(2)SC483; 1989Supp(1)SCC430; [1989]2SCR629

..... any enactment which is in force in any other province at the date of such is also necessary here to contrast the above two provisions with section 2 of the part c states (laws) act, 1950 (hereinafter referred to, for purposes of convenience, as act iii). that provision reads as follows:section 2 of act iii: the central government may, by notification in the official gazette ..... government by notification to be an urban area for the purposes of the act. the central government had earlier issued, under section 89, the punjab reorganisation (chandigarh) (adaptation of laws on state and concurrent subjects) order, 1958w.e.f. 1-11-66. paragraph 4 of the order directed that in all the existing laws, in its application to the union territory of chandigarh, any reference to the ..... or abrogate any statute. this leads us to the question as to what is implied in the language of section 7 of the delhi laws act which empowers the central government to extend any statute in force in any other part of british india to the province of delhi with such 'modifications and restrictions' as it thinks fit. the word 'restriction' does not present much .....

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Nov 15 1966 (SC)

Mohanlal Hargovinddas Vs. State of Madhya Pradesh and ors.

Court : Supreme Court of India

Reported in : AIR1967SC1022; [1967]2SCR88; [1967]19STC263(SC)

..... these transactions which as above stated took place in the course of inter-state trade or commerce.' 4. this court accordingly granted a writ to the following effect : 'the respondents will be restrained from enforcing the central provinces and berar sales tax act, 1947, and its provisions against the petitioners and from imposing a tax in respect of the transactions in question and in ..... notification issued under section 2 of the part c states (laws) act, 1950 (30 of 1950).' 8. it was argued by mr. a. k. sen on behalf of the appellant, in the first place, that section 27-a of the act places a restriction on the power of the taxing authorities and so long as it stood unrepealed there was no pre-existing law authorising the imposition ..... it differently, the contention of mr. a. k. sen was that before advantage could be taken of the sales tax laws validation act, 1956 there had to be in existence a state act imposing tax on such sales and section 27-a of the act imposed no such tax on the sales. we are unable to accept this argument as correct. an identical question was the ..... of tax on sales made in the course of inter-state trade or commerce and in consequence the sales tax laws validation act, 1956 which merely lifted the ban .....

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