Court : Allahabad
Decided on : Apr-13-1973
Reported in : AIR1973All596
..... law administered in, any existing high court......... shall be the same as immediately before the commencement of part iii of this act.''part iii of the act (chapters i to vi) related to the governors' provinces, the provincial executives, the provincial legislature. legislative powers of governor etc. part iii came into force on 1-4-1937 which was appointed date under the provisions of section 320(2). part ii ..... commencement of the act there shall be a chief court in oudh. by section 12 of the act, it was provided, as follows:--'(1) (notwithstanding ..... 4th may, 1925 and was published under section 81 of the government of india act, 1915 on 16th may, 1925. section 3 of the oudh courts act provided that on and from the ..... of any law which altered or affected the very structure of a high court as erected and established.157. the chief court in oudh which was amalgamated with the allahabad high court was constituted under the provisions of the oudh courts act, 1925 (u. p. act iv of 1925). this act received the assent of the governor on 3rd april, 1925 and of the governor-general on .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Apr-24-1973
Reported in : AIR1973SC1461; (1973)4SCC225; SuppSCR1
..... the state of delhi  s.c.r. 519 at page 526 per kania c.j.; in re. delhi laws act  s.c.r. 747 at p. 1079 per das j.), there is a general presumption in favour of an honest and reasonable exercise of power. (state of west bengal v. anwar ali sarkar ..... of this inclination, whatever is a means of preserving human life, and the warding off its obstacles, belongs to the natural law see summa theologica, part ii, section i, question 91, article 2 (translated by the english dominicans), vol. 3. in a different context spinoza proclaimed the very same principle in his famous words ..... procedure prescribed for amending any part of the constitution, the constitution was uncontrolled and could be amended by an act in the manner prescribed for enacting ordinary laws, and therefore, a subsequent law inconsistent with the constitution would pro tanto repeal the constitution;secondly-(2) a constitution largely or generally uncontrolled may contain one or more ..... have a context even more plain or at least as plain as the words to be controlled". see : jessel m.r. in bentley v. rotherham (1876-77) 4 ch. d. 588 (592). neither the text nor the context of the articles embodying the fundamental rights shows that they are not exposed to ..... of madison's remark that the accumulation of all powers...in the same hands...may justly be pronounced the very definition of tyranny. 1876. in order to avoid concentration of such excessive power in few hands that it may corrupt or be misused by chose who wield .....Tag this Judgment!
Court : Delhi
Decided on : Nov-06-1973
Reported in : ILR1974Delhi847
..... of sub-section (1) of section 3 of the said act provides:- 'theappropriate government may, if it is of opinion that it is necessary so to do, and shall, ..... region of corruption, nepotism, terrorism and enrichment at the cost of the public.' the respondents to the writ petition are :(1) the union of india, (2) shrimati indira gandhi, prime minister of india, (3) mr. uma shankar dikshit, minister of home affairs, government of india, (4) mr. ram niwas ..... standi to file this petition. because the question relates to the maintainability of the writ petition, we heard it at length and reserved judgment. (2) the petitioner is mr. bhagwat dayal sharma. he has disclosed his interest in filing this petition in paragraph 1. he has stated that he ..... the statement of objects and reasons of the said act states so. it further states that in the absence of any statutory power to enforce the attendance of witnesses and the production of documents, it was felt that there should be general law authorising government to appoint an inquiring authority on any ..... 2 of the said act defines, inter alia, the appropriate government which means the central government or the state government as the case may be. the legislative and executive sanction to appoint commissions of inquiry is to be found in entry 94 of list i and entry 45 of list iii in the seventh schedule to the constitution. (6) the relevant part .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jan-22-1973
..... has served as the model for recent legislation in approximately one-fourth of our states. [ footnote 3 ] the new georgia provisions replaced statutory law that had been in effect for more than 90 years. georgia laws 1876, no. 130, 2, at 113. [ footnote 4 ] the predecessor statute paralleled page 410 u. s. 183 the texas legislation considered in roe v. wade ..... when hospital facilities are unavailable. [additional exceptions from the requirement of hospitalization may be incorporated here to take account of situations in sparsely settled areas where hospitals are not generally accessible.] (3) physicians' certificates; presumption from non-compliance. no abortion shall be performed unless two physicians, one of whom may be the person performing the abortion, ..... constitutional barrier to state efforts to protect human life and by investing mothers and doctors with the constitutionally protected right to exterminate it. this issue, for the most part, should be left with the people and to the political processes the people have devised to govern their affairs. it is my view, therefore, that the texas ..... sweeping consequences attributed to them by the dissenting justices; the dissenting views discount the reality that the vast majority of physicians observe the standards of their profession, and act only on the basis of carefully deliberated medical judgments relating to life and health. plainly, the court today rejects any claim that the constitution requires abortions on demand. .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jun-11-1973
..... lands were made available to non-indians with the purpose, in part, of promoting interaction between the races and of encouraging indians to adopt white ways. see 6 of the general allotment act, 24 stat. 390; united states department of the interior, federal indian law 115-117, 127-129, 776-777 (1958). [ footnote 18 ..... . s. 243 , 228 u. s. 255 -259 (1913), reh. denied, 228 u. s. 708 , and is not challenged here. ii this general background as to the origin and development of the klamath river reservation is not contested by either party. the reservation's existence, pursuant to the executive ..... uncertain. the petitioner in his brief here, page 412 u. s. 493 p. 14, states that the reservation "ceased to exist in 1876, at the latest." any question concerning the reservation's continuing legal existence, however, appears to have been effectively laid to rest by an executive ..... somewhat inclined to lessen the number, thinking doubtlessly that the smaller the number the greater the likelihood of its being thrown open to settlers." id. at 2. [ footnote 22 ] congress has used clear language of express termination when that result is desired. see, for example, 15 stat. 221 (1868) ..... dear major, not to consider anything above written as in the slightest degree disrespectful to yourself; such is the farthest remove from my thoughts." powers 2-3. powers' estimates were not altered, and the above-quoted letter was placed sympathetically by major powell in the introductory section of powers' published .....Tag this Judgment!