Court : Orissa
Reported in : AIR1994Ori46
..... 'compensation' from article 31(2) of the constitution by substituting the word 'amount'. the 44th amendment took away the fundamental right to compensation after repealing article 31(2). as argued by the learned additional government advocate the expropriated owner would be entitled to get compensation from the state only if it is allowed by law which provides for acquisition of the ..... still subsists by virtue of legislative entry no. 52 of schedule vii.24. learned counsel for the petitioners has argued that although the 44th amendment of the constitution has repealed article 19(1)(f) and the entire article 31, it has, however, been re-introduced as article 300a precisely in the same words. according to him, though on the face of ..... therefore, the same cannot be taken away or abolished by 1983 amendment act, which would be hit by article 300a of the constitution of india. this question involves examination of two aspects, namely : (1) if the rights/privileges/ perquisites of the khuntias and mekaps constituted 'property', and; (ii) if the state government has the authority in law to deprive these sevaks of such right ..... by omitting sub-clause (f) of clause (1) from article 19. by the same amendment right to property which has guaranteed by article 31 has been shifted from part iii of article 300a, clause (2) of that article which deals with compulsory acquisition of property has been repealed. according to the additional government advocate the aforesaid change has the effect of leaving .....Tag this Judgment!
Court : Karnataka
Reported in : ILR2000KAR4134; 2001(1)KarLJ364
..... (1) and (2) of section 107 of the government of india act. having regard to the scheme of the government of india act, there was a doubt as to whether dominion legislature referred to could make a law repealing a provincial statute. therefore, apparently a specific provision was made by way of a ..... a matter mentioned in the concurrent list. the position then is that under the constitution parliament can acting under the proviso to article 254(2), repeal a state law'.35. clauses (1) and (2) of article 254 of the constitution correspond to sub-sections (1) and (2) of section 107 of the government of india act, 1935. the state legislature and the parliament referred to in clauses ..... (1) and (2) of article 254 correspond to provincial legislature and the dominion legislature referred to in sub-sections .....Tag this Judgment!
Court : Punjab and Haryana
Reported in : AIR1957P& H265
..... of 1946. it appears that the legislature intended by enacting this act to make section 6 of the general clauses act applicable to the expired defence of india act and to repeal the ordinance as unnecessary. our constitution came into force on the 26th of january, 1950. article 395 of the constitution repealed the government of india act and article 372 laid down that all laws in force immediately ..... advocate-general fails and is overruled.9. before discussing the evidence produced . in this case it is necessary to deal with another preliminary objection raised on behalf of the government. as i have already said, the two brothers have filed their appeals separately in this court. they have paid court fee in their respective appeal on the basis of their ownership in ..... with it may be-stated that under section 19 of the defence of india act fair compensation is to be paid in accordance with the provisions laid down in section 23(1) of the land acquisition act. this is conceded by both sides. the claimants had alleged before the arbitrator that the government had taken pos-session of area in excess of the area acquiredand ..... entire area while the government has urged that they should be paid at the rateof rs. 250/- per acre for the irrigated land and at rs. 125/- for the other land (after discussing the instances of transactions adduced by the parties the judgment proceeds) here i may say that in my view in acquisition cases under the defence of india act it is the .....Tag this Judgment!
Court : Delhi
Reported in : ILR1975Delhi284
..... the provisions of the constitution. these 'laws' included statutes as well as statutory rules. article 313, thereforee, applied the principle of section 24 of the general clauses act, i.e., further continuation, notwithstanding the repeal of the government of india act and certain other enactments by the constitution. this does not support the contention of the petitioner that either section 243 of the ..... the rules made there under and the rules relating to the general civil services made under section 241 were not applicable to them. but the government of india act, 1935 was repealed by article 395 of the constitution. article 313 of the constitution provided as follows :- until other provision is made in this behalf under this constitution, all the ..... rule 5 of ccs(ts) rules became applicable to such a termination. on the repeal of section 243 of the government of india act, 1935 which excluded the police personnel from the ambit of the rules framed under section 241 of the government of india act and which (but for its repeal) could have excluded the rules framed under article 309 of the constitution, the rules ..... framed under section 241 of the government of india act or its successor article 309 of the constitution became applicable to the police personnel in .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1962SC1281; Supp3SCR436
..... the 9th schedule of the government of india act, 1935, by s. 1(3) of the india and burma (emergency provisions) act, 1940, had the effect of equating ordinances which were promulgated between june 27, 1940, and april 1, 1946, with acts passed by the indian legislature without any limitation of time as regards their duration, and therefore continuing in force until they were repealed. it follows from this ..... constitution shall continue in force therein until altered or repealed or amended by a competent legislature or other competent authority. 13. on august 26, 1944, the governor-general of india, in exercise of the powers vested in him under s. 72 of the ninth schedule to the government of india act, 1935, read with india & burma (emergency provisions) act, 1940 promulgated the coal production fund ordinance 1944 ..... court withdrew the case and took it on its own file for trial on the ground that important questions of interpretation of the government of india act, 1935, and the constitution were involved, and it was numbered as civil suit no. 1 of 1957. the defendants inter alia pleaded that the levy was illegal and the suit was barred by limitation. the high court .....Tag this Judgment!
Court : Karnataka
..... is further fortified by the fact that under section 3(za) of the 2013 act, 'public purpose' means activities specified under section 2(1). section 2(1) includes the activities listed in the notification of the government of india dated 27.03.2012. the notification dated 27.03.2012 includes within it infrastructure development ..... but, where an award has already been made, then the proceedings shall continue under the provisions of the old act as if the old act had not been repealed. this sub section (1) of section 24 has no application because it is stated in the statement of objection filed by respondent no. ..... favour of the former and not in favour of the latter. further, section 114 (1) of the 2013 act repeals the 1894 act with effect from 1-1-2014. section 30 is now to be read as referring to the 2013 act. it is noticed that in offshore holdings (private) limited v. bangalore development authority, ..... provisions occupying the same field do not deal with the same matter but distinct matters, though cognate or of allied character, there is no repeal by implication; 10. the court should endeavour to give effect to both the pieces of legislation as the parliament and the legislatures of the ..... if a later statute again describes an offence created by a previous one, and imposes a different punishment or varies the procedure, earlier statute is repealed by the later statute". but in karunanidhi's case, the above principle was not applied. in that case, the court held: "although the .....Tag this Judgment!
Court : Kerala
Reported in : 2006(4)KLT235; (2007)8VST604(Ker)
..... act 1125 (act 11 of 1125) was repealed and the kerala general sales tax act, 1963 was enacted.14. we may in this connection refer to an identical situation which arose with regard to the imposition of excise duty in medicine and other toilet preparations. under item no. 40 of list ii of schedule vii of the government of india act ..... schedule provided under the government of india act, 1935 enabled the state government to levy tax on the sales and purchase of newspaper.11. the constitution of india however has made certain specific provision regarding newspapers. under item 92, list i of seventh schedule to the constitution of india the centre retained power ..... , 1935 power was vested in the formerly states to levy duty on medicinal and toilet preparations. on coming into force of the constitution of india under entry 84 of list i of the vii schedule power was vested in the central government. article 227 however ..... is a rule of discretion and not one of compulsion and the court may still exercise its writ jurisdiction in at least three contingencies: (i) where the writ petition seeks enforcement of any of the fundamental rights; (ii) where there is failure of principles of natural justice; or ..... notices stating that the notices have been issued on a misapprehension. petitioner pointed out that section 5(3) has been amended with effect from 1.4.2000 which was lost sight of when the notices were issued. further it was also pointed out that section 5(3) does .....Tag this Judgment!
Court : Chennai
Reported in : AIR1930Mad896; (1931)60MLJ25
..... , was it made by an authority in british india? is this ..... a repealed one and having advertence to the rule embodied in section 65 of the government of india act, i am disposed to think that we can call in aid section 31, in construing the words in the act of 1800. in that case, what is the new executive authority which corresponds to the 'governor and council' of 1800? section 46 of the government of india act ..... may be identified with the 'governor in council' and the 'governor acting with the ministers' under the government of india act.84. section 31 of the general clauses act is as follows:in any enactment made by any authority in british india before the date on which section 3 of the government of india act, 1919, comes into operation, and in any rule, order, notification, scheme ..... where a corresponding new authority has been constituted by the government of india act, 1919, be construed . . . as a reference to such new authority.43. this was added to the general clauses act by act xxxi of 1920. are the requirements of this section fulfilled first, the enactment in question (the government of india act, 1800) was made before the date specified in the section. secondly .....Tag this Judgment!
Court : Kolkata
Reported in : 1991(34)ECC29
..... court.5. mr. sundarananda pal has seriously opposed the submissions made on behalf of the petitioners. he has in particular referred to impugned orders and the stand taken by the government of india. according to him, the impugned orders are consistent in the provisions of the law, and there is nothing for the writ court to interfere. 6. having considered the ..... drawn the attention of the court that the imported machinery and equipment were erected at the factory of food corporation of india at durgapur. on april 4, 1974, an agreement was entered into with the approval of the government of india with messrs. technimont spa who were the successors of montecantini to find out the deficiency and submit their recommendations in order ..... repealed and replaced by the customs tariff act, 1 975. the 1975 act like the 1934 act also provided for assessment of project imports at the concessional rate of duty. heading no. 84.66 of the 1975 act was similar to the item 72a of the 1934 act. reference has been made to the impugned orders by the customs authorities and also by the appellate authority. the government ..... the units under the contract with messrs. ferdinand lentjes was covered by import licence dated 11th october, 1976 which was issued by the chief controller of imports and exports, government of india. various items of plants and machinery including the boiler unit which were imported from formed part of the list which were recommended by the ministry of fertilizer and chemicals and .....Tag this Judgment!
Court : Mumbai
Reported in : (1967)69BOMLR326; 1967MhLJ694
..... act, 1948, passed by the provincial legislature. in his judgment harries c.j. rejected the argument that an ordinance could not directly repeal or amend an existing provincial law by repugnancy, but that it ..... , in the absence of such express words, the residuary clause covered the wharf.37. on the other side, reliance was on kunthalammal v. suryaprakashroya mudliar i.l.r (1915) mad. 1096 and subodhchandra niyogi v. bhubulika dasee i.l.r (1933). cal. 1406. in both these cases, however, the residuary clause in the will was in respect of properties which were either enumerated ..... validity of an ordinance promulgated by the governor of bengal in the exercise of his emergency powers under section 88(1) of the government of india act, 1935, was in question. the ordinance purported to amend the west bengal security ..... a legislative authority, had the power to repeal or alter a law made by the central legislature, assuming that the condition as to emergency was fulfilled.23. the effect of this privy council decision was considered by a full bench of the calcutta high court in jnan prosanna v. province of west bengal air  cal. 1, f.b. in that case the .....Tag this Judgment!