Court : Chennai
..... the parliament and an act known as the pondicherry (extension of laws) act, 1968 was passed. under section 3(1) of the said act, the parliament extended the provisions of the acts specified in parts i and ii of the schedule to the union territory of pondicherry, subject to the modifications specified in the schedule. parts i and ii of the schedule to the 1968 act covered those acts, which are not ..... renouncants, does not appear to be correct. by the very fact that the french government gave an option either to renounce their personal law and get assimilated into french system or to continue to be governed by the local customary personal law, would show that only those, who exercised the option, could become renouncants. 54. in the case on hand, there was no ..... where the wind of revolt was beginning to blow. this was followed by the decree of 1881, by which, indians could renounce their personal status. 28. with a view to enable the local population to renounce their personal laws and to adopt the french code civil, a regulation was passed on 21.9.1881. by this regulation, an option was given to ..... way of life was given under another resolution dated 21.9.1881. by this option, the inhabitants were allowed to renounce their personal law and espouse the french law. people, who availed this opportunity and exercised the option to renounce their personal laws, emerging out of customary rights and practices, were called renouncants. 41. it is a linguistic paradox that the descendants of the .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1995SC2329; JT1995(5)SC486; (1995)2MLJ97(SC); (1995)111PLR281; 1995(4)SCALE559; (1995)5SCC272; Supp2SCR335
..... the conditions and requirements to be observed in the construction of the buildings. part iv, titled 'miscellaneous' states that the requirements of this schedule shall be in addition to the requirement of any by laws and local act. it also empowers the trust to relax any provisions of the scheme with the prior sanction of ..... and object underlying section 44a, it must be deemed to be amendatory provision. on the expiry of the five-year period (or the period of extension granted by the government under the proviso to the said section, if any) the scheme becomes inoperative and cannot be enforced any longer. once the ..... as the aforesaid scheme 1-b could not be executed within the said period of five years, the trust (administrator municipal committee, charkhi dadri) applied for extension of the scheme upto 5th february, 1983. it appears that no orders were passed thereon by the government.6. on march 14, 1983 the respondents ..... that the expenses thereof shall be paid, within such time as he may fix, by the trust.(2) should the expense be not so paid, the deputy commissioner may make an order directing the person having the custody of the balance of the trust fund to pay the expense, or so much thereof ..... . manbodhan lal srivastava v. state of u.p. a.i.r. (1959) s.c. 912. the proviso to section 44a empowers the government to extend the said period. the proviso does not prescribe the outer limit beyond which extension cannot be granted. nor does it indicate in any manner that the said .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1980SC1201; (1980)82BOMLR421; (1980)3SCC162; 3SCR224
..... is saved by the provisions of section 3, sub-section 4 of the cantonment (extension of rent control laws) act. of 1957, as amended by act 22 of 1972.9. the second submission of the learned counsel for the appellant was that the decision of the executing court in miscellaneous application no. 597 of 1970 declaring the decree to be a nullity separated as res ..... rama sundari devi and anr. (supra), parliament appeared to take view of the calcutta and rajasthan high courts as the correct view and proceeded to enact the cantonments (extension of rent control laws) act, 1957, by section 3 of which the central government was enabled, by notification in the official gazette, to extend to any cantonment with such restrictions and modifications as ..... to the regulation of the relationship between landlord and tenant in cantonment areas by virtue of entry 21 of list ii of the seventh schedule to the govt. of india act, 1935 (which corresponded to entry 18 of the list ii of the seventh schedule to the constitution). on the other hand the high courts of calcutta and rajasthan held that the power of the ..... , such as termination of existing tenancies and eviction of persons in possession of house accommodation etc. to get over the situation created by indu bhusan bose v. ramasundari devi and anr. : 1scr443 , on december 29, 1969, the central government issued a notification under section 3 of the cantonments (extension of rent control laws) act, 1957, extending the provisions of the bombay rents, .....Tag this Judgment!
Court : Kolkata
Reported in : 6ITR541(Cal)
..... to residence arising (i) under paragraph (d) of rule 2 of the general rules applicable to schedule c; or' (and this is the material passage) '(ii) under rule 7 of the miscellaneous rules applicable to schedule d in connection with a claim for repayment of income-tax made to the commissioners of inland revenue by the person owning the stocks, funds, shares or securities and entitled ..... out the various provisions as to the person being entrusted with the payment, and so forth - provisions of a character to which i have already referred. no doubt all these things are brought in under rule 7, but there is nothing in rule 7(2) which limits the scope and the extension. 'all the provisions of schedule c relating to the tax to be ..... did not bring the interest on those investments home to this country. they received it abroad and did not remit it here. under the law as it then stood, under the fourth case of schedule d of the act of 1842, the duty to be charged was only to be computed on the full amount of the sums which had been or would ..... of the united kingdom, and entrusted to any person (other than the national debt commissioners or the bank of england or the bank of ireland) to the tax to be assessed and charged under this rule. 'now, it is to be noticed at once that the extension is without qualification - 'all the provisions so schedule c relating to the tax to be assessed .....Tag this Judgment!
Court : Orissa
Reported in : AIR1951Ori105; 16(1950)CLT249
..... lordships had to consider the validity of that extension for the purpose of determining whether in january and february of 1949 ,when the detenus were arrested and on 7 3-1949 when the governor purported to issue a notification under schedule 2 (1), government of india act, applying the bihar act to chhota nagpur division, the said bihar act of 1947 was validly in operation so ..... ordinary meaning. if anybody incurred any liability it was the court which entertained the execution without the controller's permission. in my judgment, therefore, schedule 1 does cot save the expiration of the act, and the only consequence is that the miscellaneous case started by the appellant under schedule 7, civil p. c., objecting to the maintainability of the execution on the ground that ..... ,that is on 10-5-1947, the decree-holder filed a second e. c. no. 247 of 1947. on 16-7-1947, that is four days after the validation act was passed, the judgment-debtor filed a miscellaneous case under section 47, civil p. c. objecting to the maintainability of the execution petition on the ground that s.13, house rent control ..... , be so interpreted as not to affect vested rights adversely, particularly when they are being litigated. when a statute deprives a person of his right to sue or takes out the power or jurisdiction of a court in enforcing the law, as it stands, its retrospective character must be clearly expressed. ambiguities in it should not be removed by courts nor gaps .....Tag this Judgment!
Court : Chennai
Reported in : (1883)ILR7Mad552
..... application to a zila court for execution of the decision of a village panchayat shall be written on a stamp of the prescribed value and presented by the parties in person, 'or by an authorized vakil of the court' to whom a fee of 4 annas of a rupee shall be allowed and no more, and such application shall not be ..... is not a decree, and we do not think, especially after their notice of the omission of the general repealing clause contained in the act of 1865, that the high court intended to include in the general term ' miscellaneous proceedings,' any proceeding for which special provision had been made in any unrepealed enactment.6. our answer to the question is that section ..... the high court, before making rules, considered it necessary to have the schedule in section 25, regulation xiv of 1816, repealed, while no step was taken to repeal section 17, regulation v of 1816. the reason stated was that the former pleaders' act, 1865, had contained a clause that, on its extension to a province, the provisions of all regulations inconsistent with, or ..... emphatic language cannot be deemed to have been abrogated, unless it has been expressly repealed, or there is some later law or order having the force of law from which the intention to repeal it can be gathered by the clearest implication.2. regulation xiv of 1816, passed only five months later, certainly did not repeal it. the district judge is not quite .....Tag this Judgment!
Court : Kolkata
Reported in : (2009)IIILLJ379Cal
..... called the employees' provident funds and miscellaneous provisions act, 1952.(2) it extends to the whole of india except the state of jammu and kashmir.(3) subject to the provisions contained in section 16, it applies:(a) to every establishment which is a factory engaged in any industry specified in schedule i and in which twenty or more persons are employed, and(b) to ..... effect from .... subject to further verification of your records for the earlier period.with reference to your application no. .... dated .... received for extension of e.p.f. & misc. provisions act, 1952 under section 1(4) of the said act on a voluntary basis a code no. is hereby allotted to your establishment namely .... provisionally covering your establishment with effect from .... pending ..... iillj454sc (people's union for democratic rights and ors. v. union of india and ors.) for the principle that no employer, far less an instrumentality of state, can act in derogation of the labour laws. a judgment reported at : (1994)illj12sc (employees' state insurance corporation v. harrison malayalam (p) ltd.) is cited to emphasise the obligation of the principal employer. ..... interference and merely undertakes to produce a specified result, employing his own means to produce that result. an agent, though bound to exercise his authority in accordance with all lawful instructions which may be given to him from time to time by his principal, is not subject in its exercise to the direct control and supervision of the principal. .....Tag this Judgment!
Court : Supreme Court of India
Reported in : (SCSuppl)2004(2)CHN164; 2004(3)SCALE36; (2004)4SCC252
..... extend, for more than three years from the cessation of the disability or the death of the person affected thereby, the period of limitation for any suit or application. in article 97 of the schedule appended to the limitation act under the heading suits relating to miscellaneous matters there is reference to enforcement of rights of pre-emption. thus, there is reference to suits ..... months, as the case may be, for initiating proceedings for enforcement of right of pre-emption by different categories of people with no provision made for extension or application of section 5 of the limitation act. when in the same statute in respect of various other provisions relating to filing of appeals and revisions, specific provisions are made so as to ..... to 24 (inclusive), every suit instituted, appeal preferred, and application made after the prescribed period shall be dismissed although limitation has not been set up as a defence.''6. extension of prescribed period in certain cases - (sic) any appeal or any application other than an application under any of the provisions of order xxi of the code of civil procedure ..... rent act of 1959. the 1959 act contained a provision expressly stating that the provisions of section 5 of the indian limitation act, 1908 would apply to all proceedings under the act. according to the supreme court, this was necessary because section 29(2) of the indian limitation act, 1908 did not include section 5 as one of the provisions to be applied to special or local laws. .....Tag this Judgment!
Court : Gujarat
Reported in : (2003)2GLR1558
..... the powers conferred on it vide article 243m clause (b) as it empowers the parliament to enact law, making provisions of chapter ix of the constitution applicable to the scheduled area. he has drawn our attention to clause (i) of section 4 of the extension act, which envisages that the gram sabha or the panchayat at the appropriate level shall be consulted before making ..... scheduled tribe, and therefore, they cannot be alienated or transferred to any person including a government corporation. in support of this contention, he has placed heavy reliance on the decision rendered by the apex court in the case of samatha v. state of andhra pradesh reported in air 1997 sc 3297.lastly, he has submitted that the provisions of extension act require that the persons ..... to maintain themselves. some of them cultivate the lands or some of them do labour work in the fields and others do miscellaneous type of work village amod has a gram panchayat comprising villages amod, maljipura and bhuri.3.2. it is further averred that lands of the petitioners and other residents of village amod were sought to be acquired for mining ..... transfer regulation (1 of 1959) and to para 40 of this judgment. section 3(1) reads as under :-'section 3. transfer of immovable property by a member of a scheduled tribe -(1)(a) notwithstanding anything in any enactment, rule, or law in force in the agency tracts any transfer of immovable property situated in the agency tracts by a person. whether or not such .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1964SC1903; [1964(9)FLR124]; 53ITR466(SC); 7SCR892
..... mentioned that the recommendation was made on july 22, 1949 though it was brought into the agreement on february 25, 1950. section 60-a was introduced in the income-tax act by s. 19 of the taxation laws (extension to merged states and amendment) act, (no. lxvii of 1949). originally it only applied to merged territories, but when the income-tax ..... states for a period not exceeding ten years, with respect to certain matters. the other articles upto art. 284 in this chapter provide for the finance commission and make other miscellaneous provision in financial matters relating to public revenues. these provisions dealing with finances have nothing to do with legislative competence of parliament or of state legislatures. articles 285 to 289 ..... or part b states in accordance with the scheme of division contained in list i and list ii of the seventh schedule to the constitution. they did not confer any greater sanctity on contracts, for example, entered into by an old indian state with other persons, and did not cast any fresh obligation on the union or the new part a or part ..... in the agreement of 1947, but was asked to apply later and eventually the central government granted exemption to the weaving section for another five years from 1955-56 to 1959-60. the company's request for exemption of the staple fibre section which began working in april 1954 was rejected by the government of india. 11. in the meantime assessment .....Tag this Judgment!