Court : Supreme Court of India
Reported in : AIR1970SC951; 1971(0)BLJR689; 1970CriLJ875; (1969)3SCC471; 3SCR233
..... governor could only act under that section. this contention is utterly devoid of any substance because section 92 of the government of india act, 1935 ceased to exist after repeal of the government of india act, 1935 by article 395 of the constitution. it was contended that the power to make regulations did not confer power on the governor to apply any law. it was said that under section 92 of the government of india act, 1935 the governor could do so but ..... delhi, allahabad, patna, shillong, madras, bombay and baroda, to be land customs officers within the jurisdiction of the respective collectors of land customs under whom they are working'. 35. it will appear from the aforementioned notifications first that under section 6 of the sea customs act, 1878 land customs officers are appointed officers of customs. it is manifest ..... the appellant nazir mian under section 178 of the sea customs act 1878 section 178 of the sea customs act, 1878 empowered the customs officer to seize smuggled goods under the act. the questions which have to be decided in the present case are: first, whether the inspectors uma shankar and b.n. jha were acting in the discharge of public ..... president may by order declare and there is no dispute in the present case that the santhal parganas falls within the scheduled areas. paragraph 5 in the fifth schedule deals with laws applicable to scheduled areas. sub-paragraph 2 of paragraph 5 enacts that the governor may make regulations for the peace and good government .....Tag this Judgment!
Court : Allahabad
Reported in : AIR1979All170
..... , till the thirtieth day of april one thousand eight hundred and fifty four.' 9. section 43 of the government of india act, 1833 gave independent legislative powers to the governor general. it did not contemplate subordinate legislative power. it expressly stated:that the said governor-general in council shall have power to make regulations for repealing, amending, or altering any laws and regulations whatever now in force.'in the case of raj singh v. union ..... expressly saved by the government of india act, 1915 and was never thereafter specifically repealed? the government of india act, 1833 was in the nature of a constitutional enactment as it was made for the purpose of the governance of the territory of india. this is apparent not only from the various provisions of the act which create legislation making instrumentalities, but also from its heading which reads as under: 'an act for effecting an arrangement ..... remuneration or right to pension of any officer appointed before the commencement of this act.........................................................in the fourth schedule occurs the following entry:'session & chaptershort titleextent of repeal3 & 4 will 4, c. 85.the government of india act, 1833.the whole act, except section one hundred and twelve.the effect of this repeal was that the government of india act, 1833 was repealed in its entirety except section 112 which ran as under :--'the island .....Tag this Judgment!
Court : Supreme Court of India
Reported in : 1983(2)SCALE513; (1984)1SCC222; 1SCR594; 1984(16)LC6(SC)
..... but we would like to make it clear that if the karnataka legislature does not act promptly and remove the inequality arising out of the application of the madras act of 1951 to the district of south kanara only, the act will have to suffer a serious and successful challenge in the not distant future. we do hope that the government of karnataka will act ..... section 119 of the states reorganisation act all laws force are to continue until repealed or altered by the appropriate legislature. we have already held that the sales tax law in vindhya pradesh was validly enacted, and it brought its validity with it under section 119 of the states reorganisation act ..... immunity from the provisions of the act. the petitioners contend that on account of this exemption there have also come into existence two classes of landlords - one class governed by the act and the other not governed by the act and two classes of tenants - one class having the protection of the remedial provisions of the act and another class who do not have ..... into urban areas in recent years the rates of rents have gone up every where and that the landlords of such buildings have been able to take advantage of the situation created by the shortage of urban housing accommodation which is now a ..... the facts of the present cases. the two decisions referred to above arose in the context of reorganisation of states. the state of madhya pradesh was formed by integrating areas which formed parts of the british india and a number of indian .....Tag this Judgment!
Court : Karnataka
Reported in : AIR1963Mys193; ILR1962KAR527
..... not be said to have acted in exercise of the disciplinary powers in ordering the removal of the appellant. the conclusion of their lordships was that on the facts of the case they were convinced that the railway authorities had proceeded under rule 148(3) and not under rule 1709 of the railway establishment code and that the provisions of section 240 of the government of india act did not ..... plaintiff also received a telephonic message from the same officer on 17-1 -1950 saying that he had been suspended from pay and duty as he had failed to present himself for work as required. he refused to accept ..... issued on 22-3-1951. we reproduce the text of the letter: 'no. r. 3403/comml.general manager's office, madras. 22nd march 1951. tomr. g. g. jamakhandi,railway quarters, hubli. through cops. you were advised by the ..... terms and 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 ..... v. utter pradesh govt., : 1scr509 and state of bombay v. s. m. doshi, : 1scr571 do not lay down any new proposition.in union of india v. askaran, the plaintiff who was an accountant in the railway ..... but that on the facts, the letter compulsorily retiring the officer had made it perfectly clear that the government was not holding any formal enquiry as required by the civil service rules and that whatever enquiry had been made, had been made to help the government to make .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1973SC1461; (1973)4SCC225; SuppSCR1
..... repeal" had not been there, the power of amendment would not have also included the power to add, vary or repeal. these observations would also hold good in respect of amended section 291 of the government of india act, 1935 which gave power to the governor-general at any time by order to make ..... present and voting. the president or speaker or other person presiding shall not vote in the first instance but shall have and exercise a casting vote in the event of an equality of votes.206. section 29 deals with the power of parliament to make laws. it reads: 29(1) subject to the provisions of this order, parliament shall have power to make laws for the peace, order and good government ..... there was reaction in favour of making certain norms immune from amendment or abrogation. this ..... 1833 edition, volume i), that the preamble was not adopted as a mere formulary; but as a solemn promulgation of a fundamental fact, vital to the character and operations of the government. its true office is to expound the nature and extent and application of the powers actually conferred by the constitution and not substantially to create ..... not think there is any such inherent postulate in the constitution. some of these rights, though limited, were subsisting from even the british days under the laws then in force, yet there were others which were repressive like the bengal regulation iii of 1818, madras regulation ii of 1819, bombay regulation xxv of 1827, the indian criminal law amendment act xiv of 1908, etc .....Tag this Judgment!
Court : Mumbai
Reported in : 2000(1)ALLMR146; 2000(1)BomCR781; 2000(2)MhLj198
..... solicitor general that issuance of service certificates to naval officers merely on the basis of their having attained a substantive rank, as contemplated under the repealed section, did not comply with the obligations under the international convention on the standards of training, certification and watch keeping for seafarers, which was adopted in 1978, which convention the government of india had ratified on 16th november 1984. as from ..... ) of the repealed section 80 deals with officers in the technical branch. but, in our view, that, by itself, makes no difference. the principles laid down by the appeal court in the judgment in appeal no. 149 of 1997 : air1998bom157 (supra) are equally applicable while 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 ..... the issue was finally concluded by this court and was not res integra, at least, in this court. it appears that the union of india and the director general of shipping have once again raked up the controversy, making it necessary for us to decide the issue again.10. the applications of the present petitioners have also been rejected on the same grounds by saying that .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1954SC683
..... . the defence of india act was enacted in exercise of the powers granted under section 102 of the government of india act, 1935. the control order under which the respondents were being prosecuted related to a subject contained in the provincial list (list ii of the seventh schedule of the government of india act, 1935) and but for the proclamation of emergency the central government would not have been competent to make it.the emergency ..... temporary law in force beyond the date fixed for its expiration or the date on which it would have expired if this constitution had not come into force.'the defence of india act or any provisions for extending its life therefore cannot be called in aid for continuing the prosecution in the present case.12. the result therefore is that there is no substance in this repeal ..... amount to the enforcement of a repealed or a dead act. in cases of repeal of statutes this rule stands modified by section 6 of the general clauses act. an expiring act however is not governed by the rule enunciated in that section.on the 30th march 1946, before the expiry of the defence of india act, the governor-general promulgated an ordinance 'the defence of india (second amendment) ordinance' no. xii of .....Tag this Judgment!
Court : Chennai
..... amendment came to be notified in exercise of the powers under section 17(1), as the government had enacted the tamil nadu sez act, tamil nadu act 18 of 2005, which came into force on 08.08.2005. the only reason assigned by the respondent, assessing officer is by referring to section 12(1)(a) of the tnsez act, which reads as follows:- 12(1) subject to ..... value added tax act. section 88. repeal and saving:- (1) the tamil nadu general sales tax act, 1959 (tamil nadu act 1 of 1959) and the tamil nadu additional sales tax act, 1970 (tamil nadu act 14 of 1970) (hereafter in this section referred to the said act or 1970 act ) are hereby repealed. provided that such repeal shall not affect the previous operation of the said act or 1970 act, as the case ..... goods made by such dealer to a registered dealer for the purpose of setting up, operation, maintenance, manufacture etc., in a unit located in the madras special economic zones and other sez in the state of tamil nadu notified by the government of india or for development, operation and maintenance of sez by the developer of the sez, if such dealer has been ..... regime under the tngst act would continue. 7. i have heard mr.aravind p.datar, learned senior counsel for the petitioner, mr.v.haribabu, learned additional government pleader appearing for the respondents and perused the materials placed on record. 8. as noticed above, the government had issued a notification granting exemption as far back as 28.06.2005, making an exemption in respect .....Tag this Judgment!
Court : Chennai
Reported in : 1998(99)ELT214(Mad)
..... government of india. under chapter 15, part i, prohibited items are dealt with. under part ii of the said chapter, restricted items are dealt with. 32. in exercise of the powers conferred under section 3 of the imports and exports (control) act, 1947, the central government notified on 31-3-1992, the export and import policy for the period 1992-97. this act has since been repealed ..... question the validity of orders which are said to have been passed in favour of persons who were not entitled to the same, but they cannot claim orders which are sanctioned by law in their favour on principles of equality before law. neither article 14 of the constitution conceives within ..... issued by the local police, and the customs notification etc., at the frankfurt airport, offering to seek their clearance the next day against production of the duplicate licence which was under preparation at the commissioner's office at madras. on 2-2-1996 the appellant requested the ..... appointment. however, the dismissal of the appeal does not preclude the government to consider her case if they so choose. therefore, it is open to the appellant to make a presentation to the government to consider her case and the government to take a decision in that behalf. we direct ..... , it can only be challenged by the mode prescribed by the act and not by a petition under article 226 of the constitution. it is also well recognised that where a right or liability is created by a statute, which gives a special remedy for enforcing it, .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR2005SC2920; JT2005(6)SC79; (2005)5SCC665
..... creating serious law and order problem, which fact had been realized by the central government as early as in 1950. the imdt act instead of maintaining peace has only revived internal disturbance.41. another important enactment, whose provisions have been superseded by section 4 of the imdt act, is the passport (entry into india) act, 1920. sub-section (1) of section 3 of this act conferred power upon the central government to make ..... officers of government of india (ministry of home affairs) on 6th april, 1998 and 23rd september, 1998 wherein it was informed that the repeal of the imdt act was under active consideration of the government. it is averred in paragraph 5 (viii)(f) of the writ petition that the president of india ..... copy of the report dated 8th november, 1998 sent by governor of assam, lt. gen. s.k. sinha (retired), ..... not an easy task. however, large-scale illegal migrants from bangladesh have not only threatened the demographic structure of the area but have seriously impaired the security of the nation, particularly in the present ..... union of india : 133itr239(sc) the constitutional validity of special bearer bonds (immunities and exemptions) ordinance and the act of 1981 ..... shows decadal increase of 42.08%, cachar district 47.59% and dhubri district 56.57%. from the above ..... lawfully in india, namely, with valid passport, visa etc. and not to those who have entered illegally or unlawfully. similar view has been expressed in oppenheim's international law .....Tag this Judgment!