Court : Delhi
Reported in : AIR1991Delhi253
..... .'section 45 of the government of india act, 1833 states that 'all laws and regulations made as aforesaid, shall be of the same force and effect within and throughout the said territories as any act of parliament would.' section 65 of the government of india act, 1858 continued 'all acts and provisions now (then) in force.' the regulations contained in order 179 of 1836 were 'provisions' of statutory nature and were continued by the act of 1858. section 130 of the government of india act, 1915 repealed the government ..... . such language is not used for mere administrative instructions.10. fourthly, all or almost all bengal regulations have been regarded as statutory in their nature. these are also bengal regulations and there is no reason why they alone should be regarded as purely administrative.11. lastly it is true that the preamble does not expressly state that the regulations were issued under section 43 of the government of india act, 1833 ..... this act. [any reference in any enactment, whether an act of parliament or made by any authority in british india, or in any rules regulations, or orders made under any such enactment, or in any letters patent or other document, to any enactment repealed by this act shall for 911 purposes be construed as references to this act, or to the corresponding provision thereof.] [any reference in any enactment in force in india, whether an act of parliament or made by any authority .....Tag this Judgment!
Court : Allahabad
Reported in : AIR1939All106
..... regulations, india, 1887. under the east india company's charter act of 1833, 3 & 4 wm. iv, cap. 85, section 43, it is provided that the governor-general in council shall have the power of making laws and regulations, which under section 45 have the same legal force as an act of parliament. the regulation of 1836 which has never been repealed has therefore the force of law. moreover, the conditions in these orders are conditions under which government ..... made the grants of land for building purposes. therefore the crown grants act, 15 of 1895 applies. for it is declaratory of the law and retrospective as section 2 shows, as it refers toany grant or other transfer of land or any interest therein heretofore made or hereafter to be made.6. section 3 provides:all provisions, restrictions, conditions and limitations ever contained in any such grant ..... or transfer as aforesaid shall be valid and take effect according do their tenor any rule of law, statute or enactment of the legislature to the contrary notwithstanding.7 .....Tag this Judgment!
Court : Delhi
Reported in : AIR1973Delhi169
..... on' a provision of a public document rather then the whole document itself'. section 45 of the government of india act 1833 states that all laws that regulations made was aforesaid shall be of the same force and effect within and throughout the said territories as any act of parliament would. section 65 act of government of india act. 1858 continued 'all acts provisions now (then) in force.' the regulations contained i order 179 of 1863 were provision of statutory and nature and ..... regulation thereforee continued in force thereafter. on the principle embodied in section 124 of the general clauses act 1897. these regulations were continued in force unless and until they were repealed or they were inconsistent with some later enactment. they would thereforee be deemed to be in force in view of the article 272(1) of the constitution.11. thirdly, the words in the preamble of the order such ..... as to rescind the various orders now in force the following regulations which are .....Tag this Judgment!
Court : Allahabad
Reported in : AIR1979All170
..... government of india act, 1833. section 43 of this act provided that the said governor-general in council shall have the power to make laws and regulations tor repealing, amending or altering any laws and regulations whatever now in force. the preamble of order no. 179 of september 12, 1836 provides that by rescinding the various orders in force, regulations were being promulgated thereunder. the proviso to section 45 of the 1833 act reads as under :--'provided also that all laws ..... justice whatsoever within the same territories, in the same manner as any public act of parliament would and ought to be taken notice or; and it shall not be necessary to register or publish in any court of justice any laws or regulations made by the said governor-general in council.'this act continued till the government of india act, 1915 repealed it. section 130 of the government of india act, 1915 provides:3. the acts specified in the ..... petitioners is that qnce the act of 1833 was repealed, all laws made thereunder including the order no. 179 of 1836 stood repealed and lost their legal enforceability. there is a flaw in this argument as the general rule of repeal: that when a parent act is repealed all laws made thereunder stand repealed, does not apply to laws made under a constitution act. such a law has to be expressly repealed if it has to be .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1921Cal1,59Ind.Cas.143
..... any of the provisions of the government of india act, 1833, which are saved by section 5 and which may be supposed to have any bearing, direct or indirect, on the argument advanced in support of the rule. the provisions which relate to the legislative powers of the governor-general in council (sections 43, 44, 45, 46, 84 and 85) or which maintain unaffected the right of parliament to legislate (section ..... and bombay, shall be exercised by such high courts respectively.7. section 10 was repealed by section 2 of 28 and 29 vict., c. 15, section 9, which has now been replaced by section 106 of the government of india act, 1915, preserves to the high court all jurisdiction and every power and authority vested in any of the courts abolished by the high courts act, 1861, that is, the supreme ..... prescribed by any acts or regulations made by the governor-general in council' which occurred in clause 29 of the letters patent of 1862 were not reproduced in clause 30 of the letters patent of 1865. clause 30 of the letters patent which is now in force makes the argument entirely untenable that the high court is not to ad-minister criminal law as contained ..... the leading decision is that of sullivan v. norton 10 m. 28 (f.b.) : 3 ind. dec. (n.s.) 770, where the question of the privilege of an advocate in india same up for consideration before the court in its disciplinary jurisdiction. the question of the liability of an advocate to prosecution for the offence of defamation under the provisions of the .....Tag this Judgment!
Court : Supreme Court of India
Reported in : 2SCR747
..... court of directors to disallow any law made by the governor-general in council. section 45 provided that all laws and regulations so made should be of the same force and effect within and throughout the said territories as any act of parliament would be within the same territories and should be taken notice of by all courts in the same manner as an act of parliament would be taken notice of. section 66 enabled the governors or ..... section 43 of the act of 1833 remained intact. by the government of india act, 1858 (21 & 22 vic. c. 106) the british crown took over the government of the territories theretofore vested in the east india company. then came the indian councils act, 1861 (24 & 25 vic. c. 67). section 2 repealed sections 40, 43, 44, 50, 66 and 70 of the act of 1833 and provided that all other enactments whatsoever then in force ..... legislative powers. in the later cases the court has invariably found the standard established by the congress sufficiently definite to satisfy the prohibition against delegation of legislative powers, and in all such cases a most liberal construction has been put upon the enactment of the legislature [see opp cotton mills v. administrator of wages, 312 u.s. 126; yakus v. united states .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1970SC951; 1971(0)BLJR689; 1970CriLJ875; (1969)3SCC471; 3SCR233
..... and partially excluded areas which included the santhal parganas. in making such regulation the governor could repeal or amend any central law or any provincial acts and the regulations were to be submitted to the governor-general for assent. the central or the provincial acts under sub-section (1) of section 92 of the government of india act, 1935 however were not applied to excluded and partially excluded areas ..... of paragraph 5 the governor may repeal or amend any act of parliament or of the legislature of the state or any existing law which is for the time being applicable to the area in question. it may be stated that a contention was advanced by counsel for the appellants that section 92 of the government of india act, 1935 was still in operation and ..... of this constitution all the laws in force in the territory of india shall continue in force. the fifth schedule to the constitution relates to excluded or partially excluded areas. the existing law in relation to the excluded areas is saved by article 372 and explanation i thereto in spite of operation of such laws in particular areas. similarly, other laws which were applicable ..... to make laws and to apply laws. applying law to an area is making regulations which are laws. further the power to apply laws is inherent when there is a power to repeal or amend any act, or any existing law applicable to the area in question. the power to apply laws is really to bring into legal effect sections of an act as if the same act had been .....Tag this Judgment!
Court : Karnataka
Reported in : AIR1963Mys193; ILR1962KAR527
..... such cases is as to whether the administration had proceeded by way 08 punishment or otherwise. they also held that where the services of a railway servant are being terminated not by way of penalty but in pursuance of the terms of an agreement of service, no question of the application of section 240(2) of the government of india act ..... employer to terminate the services of an employee either under the terms of the contract and the rules regulating the service conditions or by holding a departmental enquiry as provided by such rules, where both the powers are vested in him, (sic) finds support from the other decisions ..... their lordships clearly indicated that every termination of service does not amount to dismissal or removal and that article 311 did not apply to all cases of termination of services. that was also a case of compulsory retirement. in elucidating the proposition, their lordships laid down that dismissal ..... regret and promised not to give occasion for complaint in future. unfortunately that letter of regret has not been produced by the defendant. taking all these factors into consideration, the general manager informed the chief operating superintendent by letter ex. 162 dated 29th december 1950 that in the ..... conditions are repugnant either to that provision or any of the provisions in the law of contract.in the present case the agreement to terminate the service by one month's notice was a term of the contract; the same clause of the agreement gave liberty to the .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1973SC1461; (1973)4SCC225; SuppSCR1
..... existing constitutional laws notwithstanding that the government of india act and the indian independence act were repealed by article 395. if there be in force any constitutional laws other than those repealed these are by article 372(1) given the same force as any of the ordinary legislative law subject to the other provisions of the constitution and such laws continue to be in force only until altered, repealed or amended ..... and as such all laws whether legislative or amendments of the constitution would come within its purview. this argument loses its significance in view of the fact that the enumeration of laws like rule, bye-law, regulation and notification which have their source and existence in the legislative law clearly indicate the inclusion of a law made by parliament or a ..... further, an enactment annulling the royal prerogative to grant special leave to appeal would be inconsistent with the judicial committee acts 1833 and 1844, and therefore would be invalid under section 2 of the colonial laws validity act, 1865. the royal assent to the criminal code could not give validity to an enactment which was void by imperial ..... of the indian national congress at its karachi session in march 1931 and omitting some details, the deliberations of the sapru committee appointed by the all india parties conference (1944-45). the british cabinet mission in 1946 recommended the setting up of an advisory committee for reporting inter alia on fundamental rights. before reference is .....Tag this Judgment!
Court : Mumbai
Reported in : 2000(1)ALLMR146; 2000(1)BomCR781; 2000(2)MhLj198
..... 1986 is concerned, its interpretation cannot be any different. this navy order can only govern and regulate the cases of officers of the indian navy who had not attained the substantive ranks envisaged under section 80 of the repealed act. in all such cases, such officers having no vested right to get ..... section 80(2) of the act, it is now clear that the government of india had to comply with its obligations under the convention which had been ratified. this was the reason why parliament decided to repeal section 80 in its entirety. the submission was that, after repeal of the said statute, no officer of the indian navy could any ..... interpreting sub-section (2) of the repealed section 80. the appeal court proceeded on the basic principles of law that under a repealing act cannot be interpreted as defeating a vested right, unless such intention is manifest inthe act itself or arises as a necessary implication from the provisions of the repealing act. in ..... statute (section 80) and, notwithstanding the repeal of section 80, the vested right could not be defeated. the division bench held that the right to get the certificate had been perfected to such a degree that continued existence of the statute could not enhance the same that ..... , by rules made under this act and subject to such conditions and restrictions as may be specified therein, provide for the grant of certificates of service to officers of the indian naval reserve forces who have attained the prescribed ranks.(4) a certificate of .....Tag this Judgment!