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Judgment Search Results Home > Cases Phrase: merged states laws act 1949 section 5 repeal of corresponding laws Page 1 of about 14,080 results (1.043 seconds)

Aug 21 1953 (HC)

Girdhari Lal Vs. Spedding Dinga Singh and Co.

Court : Himachal Pradesh

Reported in : AIR1954HP52

..... -8-1953 and not yet reported, to the effect that the court-fees act, 1870 continued in force in the bashahr state as amended by paragraph 36 of the himachal pradesh (courts) order, 1948, despite the provisions of section 5 of the merged states (laws) act, 1949, inasmuch as that section purported to repeal corresponding and not the same law. that decision is not in conflict with the decision in--'munshi ram's ..... case (b)' and has no application here since paragraph 36 of the himachal pradesh (courts) order, 1948, was not mentioned in the himachal pradesh (application of laws) order, 1948, as amending the ..... court-fees act, and there could therefore .....

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Jan 17 1962 (HC)

Thacker Chatrabhuj Gokuldas Vs. Thacker Khatau Motiram

Court : Gujarat

Reported in : AIR1963Guj185

..... the 'sudhara' shown in the schedule and that 'sudhara' 'has been translated above. section 5 of the merged states (laws) act, 1949. which came in force in january 1950 reads as follows :-'5. repeal of corresponding laws - if immediately' before the commencement of this act there is in force in any of the new provinces or merged states an act, ordinance, regulation or other law corresponding to an act, ordinance or regulation specified in the schedule, whether such ..... because the law corresponding to the indian limitation act which is referred to in section 5 of the merged state (laws) act, 1949, is not merely the indian limitation act but the indian limitation act together with the 'sudhara' contained in the kutch application of laws order, 1949. the two together are the corresponding law and, therefore, must be taken to have been repealed. 4. it is, however, contended that even if the act is repealed, under section 6(c ..... ) of the general clauses act the rights under the repealed act are .....

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Aug 04 1953 (HC)

Mandir Sri Deota Jakh Vs. Sishi Ram

Court : Himachal Pradesh

..... , viz., the court-fees act, 1870. that law did not become ..... ), merged states (laws) act. one of the acts mentioned in the schedule extended to himachal pradesh was the court-fees act, 1870. it was argued that the aforesaid corresponding law as contained in para 36, himachal pradesh (courts) order, 1948, which was promulgated by the centralgovernment in exercise of the powers conferred by sections 3 and 4, extra-provincial jurisdiction act 1947 (47 of 1947), stood repealed by virtue of section 5, merged states (laws) act, 1949. it ..... was the court-fees act, 1870. can it be said that by virtue of section 5 of this act the court-fees act 1870, as amended by para 36, himachal pradesh (courts) order, 1948, stood repealed7. the section provides for repeal of a law corresponding to the one specified in the schedule. the law in force immediately before the commencement of the merged states (laws) act, 1949, was the same which this act purported to extend .....

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Nov 30 1951 (HC)

Munshi Ram and anr. Vs. Raghubir Chand

Court : Himachal Pradesh

Reported in : AIR1952HP60

..... therefore the correct provision of law for determining the question of the ..... be.' (5) having regard to the above principles, it must be taken that the omission of the punjab acts in the merged states (laws) act, 1949 was deliberate, and that the defendants are entitled to the benefit of that omission. under section 5 of this act, the corresponding provision in the himachal pradesh (application of laws) order, 1948, will be deemed to have been repealed and ..... court-fee payable on the present appeal, which was filed on 24-8-1951, is the court-fees act as mentioned in the schedule appended to the merged states (laws) act, 1949 ..... not open to any court to proceed upon the assumption that the legislature had made a mistake in omitting mention of the punjab amendment acts in the schedule appended to the merged states (laws) act, 1949. he further argued that it must be presumed that this omission on the part of the legislature was deliberate and not due to .....

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Sep 08 1952 (HC)

Lal Mohan Paul Vs. State of Tripura

Court : Guwahati

..... before the commencement of this act.section 4 of the same act says that.any law which immediately before the commencement of this act is in force in any of the states of manipur, tripura and vindhya pradesh and corresponds to an act or ordinance extended to that state by this act, is hereby repealed.the essential supplies (temporary powers) act, 1949 is included in the schedule of the merged states (laws) act 1949.12. when we go ..... .e., the tripura state essential supplies (temporary powers) act. there is no similarity between the two and both of them are independent of each other. this argument holds good.8. section 5 of the merged states (laws) act, 1949 provides that:if immediately before the commencement of this act, there is in force in any of the new provinces or merged states an act, ordinance, regulation or other law corresponding to an act, ordinance or regulation ..... specified in the schedule, whether such act, ordinance or regulation is in force by virtue of an order .....

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Oct 20 1978 (HC)

State of Gujarat and ors. Vs. the Board of Trustees of Port of Kandla ...

Court : Gujarat

Reported in : (1979)1GLR732

..... the purpose of such proceedings. to complete the narration it may here be stated that by section 3 of the merged states (laws) act, 1949, the acts, ordinances and regulations specified in the schedule were extended to the new provinces and by section 5 existing acts, ordinances and regulations corresponding to the acts, ordinances and regulations specified in the schedule were repealed in their application to the new provinces i.e. province constituted by ..... the states' merger (chief commissioner's) order, 1949.13. two new sections 290a and 290b came to ..... be inserted in the 1935 act by the government of india (amendment) act, 1949, with effect from 15th january, 1949. the material part of section .....

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Apr 26 1962 (HC)

Sebastia Pillai Vs. V.E.K. Kadher Meera Rowther and anr.

Court : Chennai

Reported in : (1962)2MLJ530

..... passed as a result of which three states were merged in the province of madras. under section 3 of that order, pudukottah state came to be administered in all respects as if it formed part of the province of madras from the appointed date, namely, 1st of june, 1949. the provincial legislature thereafter passed act xxxv of 1949, madras merged states (laws) act, 1949. certain laws current in the province of madras were ..... shall be construed as including a reference to the merged state or states concerned.'''section 5.--if immediately before the commencement of this act, there is in force in any merged state, an act, ordinance, regulation or other law corresponding to an enactment specified in the first schedule...such corresponding law, shall, upon the commencement of this act, stand repealed to the extent to which the law relates to matters with respect to which the provincial ..... extended to the state of pudukottah. one of the enactments which was thus extended to the erstwhile state of pudukottah was the madras act iv of 1938 (madras agriculturists relief act).2. by reason of the merger of pudukottah .....

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Apr 30 1960 (HC)

Akhtar Abbas Vs. Asst. Collector, Central Excise and ors.

Court : Madhya Pradesh

Reported in : AIR1961MP353

..... , and brought into force in the area covered by the erstwhile prince'y state of bhopal. it is, however, urged that sections 3 and 5 of the merged states (laws) act, 1949 (59 of 1949), brought about a change. while section 3 of act 59 of 1949 extended the act to the same area, section 5 of act 59 of 1949 repealed the law corresponding to the act as then in force in the area. the precise point raised is that ..... after the act was thus extended, it was not brought into force in that area ..... in the manner provided by that act. 7 .....

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May 17 1951 (HC)

Kewal Ram Vs. Bhagwan Dass and anr.

Court : Himachal Pradesh

Reported in : AIR1951HP61

..... . subsequently the dominion legislature passed the merged states (laws) act, 1949, which came into force on 1-1.1950. under this enactment certain laws were extended & enforced in the chief commsssioners' provinces, and these laws were specified in a schedule. one of, the laws mentioned in the schedule was the code of civil procedure, 1908. section 5 of this act lays down as follows :'5. repeal of corresponding laws.--if immediately before the commencement of ..... which the question for determination is whether by virtue of the above cited s. 5, merged states (laws) act, 1949, the provisions relating to appeals & revisions contained in the himachal pradesh (courts) order stand explicitly repealed, & whether, therefore, since 1-1-1950, when that act was passed, appeals & revisions in this state are governed by corresponding provisions in the code of civil procedure. 6. my first ground for rejecting the ..... , civil p. c. was in. applicable. 8. even if it be supposed for argument's sake, that by section 5, merged states (laws) act, 1949, the himachal pradesh (courts) order, 1948, was repealed, that repeal will not be deemed, in view of the provisiona oi section 6a, general clauses act, 1897, to have affected the continuance of the aforesaid provisions of the himachal-pradesh (courts) order telating to appeals & revisions. tbat .....

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Dec 13 1957 (HC)

M.P.K.B. Karuppan Chettiar Vs. Pl.M.C.T.K. Krishnappa Chettiar

Court : Chennai

Reported in : (1958)1MLJ235

..... proviso, notwithstanding that alagapuri was governed by regulation iii of 1925 and not regulation iv of 1909. the regulations were repealed by section 5 of the merged states (laws) act of 1949 with ' the previous operation of the law unaffected.'13. it is in the context of this situation that the corresponding law of the pudukottai state has to be ascertained. let us assume that regulation iii of 1925 were the only ..... law governing local authorities in the pudukottai state. it would not be possible to argue that the levy of property tax in alagapuri ..... force in any merged state, an act, ordinance, regulation or other law corresponding to an enactment specified in the first schedule...such corresponding law shall, upon the commencement of this act, stand repealed to the extent to which the law relates to matters with respect to which the state legislature had power to make laws for the state.6. (1) the repeal by section 5 of this act of any corresponding law in force in any merged state immediately before the .....

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