Court : Supreme Court of India
Reported in : AIR1997SC2847; JT1997(1)SC40; 1996(9)SCALE613; (1997)7SCC339; Supp10SCR472
..... new province of delhi was the punjab municipal act, 1911.4. in the year 1915, another act called 'the delhi laws act, 1915' (1915 act) was enacted. under this enactment, certain areas formerly comprised in the united provinces of agra and oudh were included in and added to the province of delhi with effect from 1st april, 1915. section 2 of the 1915 act also contained a saving clause similafr to section 2 of the 1912 act.5. in the ..... all laws in force before the commencement of the constitution to continue in the territory of india. article 372a, which, once again, owes its origin to the seventh amendment act, empowers the president to make further adaptations in particular situations.114. section 3(58) of the general clauses act, having been amended by the seventh amendment act, reads as follow:3. definitions.-in this act, and in all general acts and ..... second category of union territories covered by article 239-a (which applied to himachal pradesh, manipur, tripura, goa, daman and diu and pondicherry-now, of course, only pondicherry survives in this category, the rest having acquired statehood) which have legislatures by courtesy of parliament. the parliament can, by law, provide for constitution of legislatures for these states and confer upon these legislatures such .....Tag this Judgment!
Court : Central Administrative Tribunal CAT Hyderabad
..... 3rd respondent on 14.03.2006 wherein he has mentioned that the said decision of recovering the amount from his salary is against the provisions of payment of wages act 1936 under section 7(2)(e). he has again requested for conducing inquiry to prove his innocence. thereafter the respondents issued standard form no. 11 dated 30.05.2006 for imposition ..... is not correct. in regard to the contention of the applicants that enquiry has to be conducted the respondents have stated that the enquiry has to be conducted only in certain eventualities such as the punishment imposed affects the pensionary benefits of the employee. in the present case only recovery was ordered and the same did not have any effect on ..... of the mismatch tickets, non issued tickets and cancelled tickets in respect of sptm tickets, without providing reasonable opportunity of conducting an inquiry duly observing the principles of natural justice.3. respondents have filed separate reply against each application. it is the contention of the respondents that the disciplinary authority after conducting enquiry minor penalty proceedings were issued as per ..... his salary and the applicant was advised to submit his representation if any against the said recovery. accordingly the applicant submitted his representation to the 5th respondent herein on 7.3.2006 wherein he has denied his responsibility for the raised debit as mentioned therein and disagreed for the recovery of the said amount. the applicant in his representation has .....Tag this Judgment!
Court : Sikkim
Reported in : 1979CriLJ310
..... the purported repeal of the vindhya pradesh law failed as it 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 ..... delhi laws act case air 1951 sc 332 appears to be that legislature can delegate to the executive or any other non-legislative authority the power to extend laws to any area where such laws are not operating, but if the delegated authority extends a law to such a new area when there is already corresponding law existing and in force in that area, the extended law ..... of patanjali sashtri, c. j. (who was also one of the judges in the delhi laws act case) in kathi raning v. state of saurashtra : 1952crilj805 to the effect that:while undoubtedly certain definite conclusions were reached, by the majority of the judges who took part in the decision ..... any way affect the continued validity and operation of the sikkim law. it| should be noted that though the provisions of article 372 (1) have provided the continuation of pre-constitution indian laws expressly 'subject to the other provisions of this constitution' it has now been well settled that ..... be dismissed as there is and can be no other challenge to the conviction in this case.3. under section 412 of cr.p.c. 1898, which is still now the law relating to criminal procedure in sikkim, if an accused person has pleaded guilty and has been convicted .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 2001(4)ALT75
..... the adaptation, by extension, of laws in force in other areas of the country. as fazi ali j. pointed out in the delhi laws act case, (air 1951 sc 332), it is not a power to make laws that is delegated but only a power to 'transplant' laws already in force after having undergone scrutiny by ..... other mineral concessions in respect of minor minerals which are in force immediately before the commencement of this act shall continue in force.(3) the holder of a mining lease or any other mineral concession granted under any rule made under sub-section (1) shall pay royalty in respect of minor minerals removed ..... :'in exercise of the powers conferred by clauses (xi), (xii) and (xxii) of section 268 read with section 95 of the a.p. panchayat raj act, 1994 (act 13 of 1994) the governor of andhra pradesh hereby makes the following rules in respect of auction of sand in the water courses vesting ..... power, which permits only changes that the different context requires and not changes in substance. there is certainly no power of modification by way of repeal or amendment as is available under section 89.25. so far as the first aspect referred by sri swarup is concerned, the provision ..... -12-1998. after rule 9-v, rule 9-w was added by which all the areas other than krishna and godavari rivers having potential sand bearing areas can be leased out by the respective gram panchayats, municipalities, municipal corporations, notified areas. as per the procedure laid down by the panchayat raj department .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1990SC560; JT1989(2)SC483; 1989Supp(1)SCC430; 2SCR629
..... section 3 of the cantonments (extension of rent control laws) act, 1957 to the cantonments in uttar pradesh, the uttar pradesh cantonments (control of rent and eviction) act, 1952 (act 10 of 1952) shall stand repealed.in other words, though extension of local laws to cantonments by notification was allowed, parliament provided for the simultaneous creation of a 'vacuum' in the cantonment area by repeal of the 1952 act ..... side by side with certain other provisions of legislations in force in any other state or states and thus enforce a law which would be an 'amalgam' of various statutory provisions in force in various parts of the country. though a concession against this possibility was made in delhi laws act case, : [ ..... they refer to extensions of laws made under the provisions of acts i, ii and iii which had been held valid in the delhi laws act case air 1951 sc 332. this is correct but, as we have pointed out earlier, section 87 only continued the pattern of acts i, ii and hi ..... burah (1878) 5 i a 178 does not extend as far as the latter portion of section 2 of the part c states (laws) act of 1950 endeavours to carry it.(emphasis added)30. in support of his 'vacuum' theory, counsel also refers to an instance of legislative practice ..... fazl ali j. in upholding its validity, observed thus in regard to the second part of section 2 of act iii (para 89):i will now deal with section 2 of part c states (laws) act, 1950, in so far as it gives power to the central government to make a provision .....Tag this Judgment!
Court : Delhi
Reported in : ILR1971Delhi107; 28STC21(Delhi)
..... section 2 was primarily concerned with empowering the central government to extend to the union territories enactments which were in force in the states. as observed by mukherjea j. in re the delhi laws act 1912, etc. 1951-scr 747 at page 1001 (1) ' the policy behind the delhi laws act [as also behind the union territories (laws) act 1950] seems to be that in a small area like delhi ..... section 2 of the union territories (laws) act 1950 'the central government may. by notification in the official gazette. extend to the union territory of delhi, himachal pradesh ..... is to be granted by adding an item to the second ..... section 6(2) of the bengal finance (sales tax) act 1941 by the government of india notification no. sro. 3908 dated 7th december 1957 was ineffective and section 6(2) continues ..... act so extended to the patna administration areas was not authorised by the legislature'. the language in which the authority to modify the act was given to the government by section 3(1) (f) of the patna administration act 1915 was the same as the language of section 2 of the union territories (laws) act ..... laws) act 1950 by adaptation in 1956) in the delhi laws act case was the. decision of the privy council in queen v. burah (5 1.a.578) (2) for the privy council had also given the same reason why the legislature had to confer the power of modification on the government in the following words :- 'the legislature determined that, so far, a certain ..... decision in delhi laws case as follows:- 'i will now deal .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1992SC522; JT1991(4)SC361; 1991(2)SCALE1049; Supp2SCR497
..... also referred us to the opinion expressed by this court in re: the delhi laws act, 1912, the ajmer-merwara (extension of laws) act, 1947 and the pan c states (laws) act, 1950  scr 747. for the reasons which follow, we are unable ..... of entry 17. what the ordinance (now act) seeks to do is to impose by section 3 a duty on the state government to protect, preserve and maintain irrigation from cauvery waters in the irrigable areas falling within the various projects specified in ..... , sanad or other similar instrument which, having been entered into or executed before the commencement of this constitution, continues in operation after such commencement, or which provides that the said jurisdiction shall not extend to such a dispute. ..... (hereinafter referred to as 'the order'), a copy whereof is annexed hereto; whereas, differences have arisen with regard to certain aspects of the order; whereas, on 25 july 1991, the governor of karnataka promulgated the karnataka cauvery basin irrigation protection ..... baked information. finality is attached to that report which records findings of facts based on investigation and not an ad hoc, tentative and prima facie view based on no investigation or cursory investigation. the state of karnataka, ..... force of the judgment of the high court. the rights under the judgment would be said to arise independently of article 19 of the constitution.64. yet another decision of this court on the point is p. sambamurthy and ors. etc. etc. v. state of andhra pradesh .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1982SC1126; (1982)ILLJ110SC; (1982)1SCC205; 2SCR246
..... certain law does not necessarily amount to repeal or abrogation of that law. that law remains unrepealed but during the continuance of the order made under section 3 it does not operate in that field for the time being.we think the attorney general was right in his submission that what has been said of section 6 of the essential supplies (temporary powers) act should hold good for sub-section ..... contained in the industrial disputes act, 1947 or any other law for the time being in force. the argument is that the rules made under section 48(2)(cc) can virtually repeal the industrial disputes act and other laws to the extent they are inconsistent with these rules. repealing a law, it was submitted on the authority of in re delhi laws act air 1951 sc 332, was ..... service of such employees or agents.' clause (bb) speaks of the terms and conditions of service of persons who have become employees of the corporation under sub-section (1) of section 11.2. turning now to the history of the litigation, the first chapter begins with two settlements reached on jan. 24, 1974 arid feb. 6, 1974 between the life insurance ..... of the corporation including those who became employees and agents of the corporation on the appointed day under this act.' three new sub-section (2a), (2b) and (2c) were added to section 48. sub-section (2a) says that the regulations and other provisions as in force immediately before the commencement of the ordinance with respect to the terms and conditions of service of the .....Tag this Judgment!
Court : Delhi
Reported in : 14(1978)DLT110
..... the power of the government to allot land under article 298 of the constitution cannot be totally taken away either by section 22 or by the direction issued under section 22(3). only certain criteria for allotment of land under section 22(3) are embodied in annexure f. the government is not precluded thereby from disposing of the land for other considerations on which ..... law set out at the outset above which may now be considered are as follows :- (1)whether the petitioner society has a locus standi to question the grant of land by the respondents i and 2 to respondent 3 ? (2)whether the reasons underlying the grant of land to respondent 3 are to be covered by direction issued under section 22(3) of the delhi development act ..... per cent variation. ordinarily, not more than 2 acres should be allotted to a group housing society. (f)no flat/apartment will have carpet area exceeding 200 sq. feet.(3) the petitioner and respondent 3 are both group housing cooperative societies. the members of the petitioner society consist wholly of persons working in the various industrial establishments-of the okhla ..... article 14. the petitioner, thereforee, has the locus standi under article 226 of the constitution to challenge the grant (godde venkateshwara rao v. government of andhra pradesh : 2scr172 . radhey sham v. lt. governor, delhi. 2nd (1970) 2 delhi 260, and many other american, english and indian decisions considered in an article 'standing and justiciability', 1971 journal of the indian .....Tag this Judgment!
Court : Mumbai
..... 3) of section 35 of the forest act, but excluding an area not exceeding two hectares in extent as the collector may specify in this behalf; (iv) land in respect of which a notification has been issued under section 38 of the forest act; ? section 3: vesting of private forests in state government: ??(1) notwithstanding anything contained in any law for the time being in force ..... that, we need to consider the case of petitioner in accordance with law. maintainability of writ petitions of bivalkars:- 78. syedmaqbool ali vs. state of uttar pradesh and anr.(2011) 15 scc 383) the apex court while dealing ..... similar basis and in which on 14 december 2009, the court had passed the following order which had continued until its disposal. ??stand over to 29th january, 2010. in the meantime the respondents are directed, ..... this judgment dealt with the concept of waste land of uncultivated land, including phrase ??cultivation ? . the expression ??uncultivated ? certainly means ??cultivable but not cultivated ? . a waste land is something different from ??unclutivated land ? . it is uncultivable or ..... the cidco based upon the following judgments:- 85. d.l.f. housing construction (p) ltd. vs. delhi municipal corporation (air 1976 sc 386) this judgment cited in support of the contention by the respondent-state ..... and therefore there is no question of any extinguishment thereof. ? thus, the contention of the cidco now appears to be that the subject land is not identifiably covered in the inam order and is .....Tag this Judgment!