Court : Chennai
Reported in : (1969)2MLJ62
..... parliament in the ninteenth year of the republic of india as follows ::short title--1. this act may be called the pondicherry (extension of laws) act, 1968.definitions.--2. in this act, unless the context otherwise requires,:(a) * * * *(b) * * * *(c) ' pondicherry ' means the union territory of pondicherry.extension with amendments of certain laws to pondicherry and their commencement therein.--3. (1) the acts specified in part i of the schedule as they are generally in force in the territories to ..... this structure of the enactment, i may refer to the schedule thereto, which cites section 3 (1), and is in two parts. the headings are ' year', ' no. ', ' short title,' ' modifications'. then follow a list of many central acts, with certain modifications to certain sections of those enactments, set forth in column 4. the advocates act, 19 (1), which is the focus of attack in these proceedings, is also ..... and legislatures have quite often provided for such extensions.16. the impugned act (xxvi of 1968) which purports to extend certain central acts to the union territory of pondicherry, is parliamentary enactment commencing with the enactment formula;be it enacted by parliament in the nineteenth year of the republic of india as follows.the principal part of the act, section 3 (1), reads:the acts specified in part i of the schedule .....Tag this Judgment!
Court : Chennai
Reported in : AIR1975Mad345
..... thatprovisions of law must be read as far as possible with a view to their validity and not to render them invalid. the code of civil procedure as in force in the state of madras on the 1st day of august. 1966, has been made applicable to the union territory of pondicherry with effect from 24-5-1968 by section 3 of the pondicherry (extension of laws) act, 1968. section 4(2)( ..... it contains any provision which amends or has the effect of amending the constitution. section 3(58) of the general clauses act defines 'state' as:--"(a) as respects any period before the commencement of the constitution (seventh amendment) act, 1956, shall mean a part a state, a part b state or a part c state; and(b) as respects any period after such commencement, shall mean a state ..... force in the union territory of andaman and nicobar islands on the 1st day of august. 1966, with certain modifications, are also in part ii of the schedule to the pondicherry (extension of laws) act, 1968, and they also have been made applicable to pondicherry with effect from 24-5-1968. it cannot be stated that it was open to a party who filed his suit or proceeding after ..... land may be made to him. sub-section (3) of section 9 provides for service of that notice on the occupier if any, of such land and on all such persons known or believed to be interested therein, or to be entitled to act for persons so interested, as reside or have agents authorised to receive service on their behalf, within the concerned revenue district. .....Tag this Judgment!
Court : Chennai
Reported in : AIR1970Mad308
..... the official gazette may appoint. thereafter, the parliament enacted the pondicherry (extension of laws) act, 1968 (act 26 of 1968) which came into force on 5-9-1968. the pondicherry civil courts act was also brought into force on the same date. section 3(1) of the pondicherry (extension of laws) act extended the various enactments mentioned in part i of the schedule, to the pondicherry state subject to the modification mentioned in the schedule, from the ..... the time of the hearing of the petition, sri n. arunachalam, learned counsel appearing for the petitioners and the learned government pleader for pondicherry submitted their arguments.3. to begin with. it must be pointed out that the petition as framed in the lower court was by five members of the bar, two of whom alone were counsel appearing for the ..... procedure, 1908, is one of enactments mentioned in the schedule. that code as in force in the state of madras on the 1st day of august 1966 was extended to pondicherry.a certain modification was made in column 5 of the schedule by stating that any judgment, decree or order passed or made before the enactment under the preexisting .....Tag this Judgment!
Court : Chennai
Reported in : (2008)2MLJ348
..... accordingly unless and until superseded by anything done or any action taken under the said act.12. section 3 of the pondicherry (extension of laws) act, 1968 provides extension with amendment of certain laws to pondicherry and the different dates which may be appointed for different provisions of any act and any reference in any such provision to the commencement of the act shall be construed as a reference to the coming into force of that provision ..... when balasubbammal expired and it has to be seen that whether any right accrued before 05.09.1968 and section 4(2) of the pondicherry (extension of laws) act, 1968 was not the same and that the respondents/petitioners before the lower court has to file a suit claiming their right in law.14. the learned counsel for the revision petitioners/respondents placed reliance on the french civil code ..... have filed such an appeal, there being no prohibition against it in the code. air 1919 mad 755 (2) approved; (s) air 1955 sc 376 foll.anno: air com. c.p.c. section 146, n. 2, 5, 8; order 22, rule 10, n. 2. ..... proceeding for the purpose of section 146 and further the expression 'claiming under' is wide enough to include cases of devolution and assignment mentioned in order 22, rule 10. whoever is entitled to be but has not been brought on record under order 22, rule 10 in a pending suit or proceeding the decree or order passed therein if his assignor could .....Tag this Judgment!
Court : Chennai
Reported in : (2009)5MLJ622
..... section 3 and 5 of pondicherry [extension of laws] act, 1968 (for short extension act) would make it clear that indian stamp act was extended to pondicherry with all rules, notifications, orders regulations and byelaws made or issued by the central government under the provisions of the act and therefore the above notification is squarely applicable to the petitioner transaction.9. as per section 3 of the pondicherry [extension of laws] act, 1968. the acts ..... through section 6(1)(b) of the pondicherry (extension of laws) act. it was therefore argued that by conjoint reading of sections 3, 5 and 6 of pondicherry extension act would make it very clear that tamil nadu government g.o.ms. no. 1224 revenue dated 25.04.1964 is squarely applicable to pondicherry as from the commencement of pondicherry (extension of laws) act.18. ..... is that indian stamp act is shown in part ii of the schedule of pondicherry [extension of laws act]. modifications mentioned in the above act are pertaining to sections 2, 3, 19a, 57 and 75a and a few entries in the schedule i of the stamp act. the amendments made has nothing to do with the notifications, orders, rules ..... of schedule i under section 3 of the indian stamp act. 3. case of petitioner is that central govt. issued official notification no. 12 dated 25.12.1937 in exercise of the powers conferred under section 9[a] of the indian stamp act. as per the said notification stamp duties chargeable on certain instruments and documentations applicable .....Tag this Judgment!
Court : Chennai
Reported in : AIR1997Mad178
..... pondicherry extension of laws act, 1968 was passed on 24-5-1968. so far as the code of civil procedure is concerned, it is paid that the same will be made applicable as in force in the state of madras, as on 1-8-1966, with the modification after section 45 by incorporating one section as section ..... it was held that the provisions of order 21, rr. 84 and 85, c.p.c. are mandatory, and in the event of their non-compliance the execution court or the officer conducting the sale has no other option but to re-sell the property. the period provided for ..... 45a, which reads thus:--'45. a.execution of decrees, etc., passed or made before the commencement of the code of pondicherry:--any judgment, decree or order passed or made before the commencement of this court by any ..... paragraphs 5 and 6 of the reports, which are relevant for our purpose, read thus :--'prima facie, the two sections of the extension of laws act above referred to, namely, sections 3 and 4 arc repealing and re-enacting provisions. the pre-existing french civil code, which corresponds to the indian civil procedure code ..... certain special circumstances of the case, the french law will have to be applied. while discussing the facts of that case, the learned judge said that parly therein had a valuable right which will be taken away if indian law is applied and, therefore, retrospective operation of the procedural law was not applied therein .....Tag this Judgment!
Court : Mumbai
Reported in : 2003(4)ALLMR1093; 2004(2)BomCR399
..... act, 1890 (8 of 1890).(iii)child marriage restraint act, 1929 (19 of 1929).(iv)hindu marriage act, 1955 (25 of 1955) and(v)code of civil procedure, 1908 (5 of 1908). amending act.the pondicherry (extension of laws) act, 1968 (26 of 1968).10.csection 2 of the hindu minority and guardianship act, 1956 also expressly states that the provisions of the act would be in addition to the guardian and wards act, 1890. section ..... 2 reads as under:sec.2 : act to be supplemental to act 8 of 1890 : the provision of this act shall be in addition to, ..... the said plaint it is no where mentioned that the defendant no.4 was their step mother. this fact has been revealed in the cross examination by defendant no.1, who had come out with a specific case in his written statement that the plaintiff in collusion with defendant no.4 had filed this suit.15.learned counsel appearing on behalf of ..... joined with him the two widows for themselves and as guardians of the minor members of joint hindu family, as supporting executants. that act by itself is not indicative of the minors having a divided interest in the joint hindu family property commencing before or at the time of the sale. in this view of the matter, section 8 of the act can .....Tag this Judgment!
Court : Chennai
Reported in : (1986)1MLJ329
..... of majority should be under the french code civil overlooking that the provisions of the indian majority act had been extended to pondicherry with effect from 18.12.1968 by a notification under section 3(2) of the pondicherry (extension of laws) act, 1968. according to him, if the provisions of the indian majority act should apply, then three of the sons, namely, thiruvengadam, raghavan and somasundaram could not be included as ..... owner and claimed that such holding should be excluded from computation of the ceiling area. though further time was granted to the first respondent at his request for production of certain other particulars relating to the holding, he did not make available details and, therefore, taking into account the family of the first respondent which was stated to consist of himself ..... respondents attempted to urge that a limited owner like the deceased first respondent and his holding may not be subjected to the provisions of the act and that consequent to his death, the remainder-men will get certain rights in the holding and relied upon the decisions in radhaswami charitable society v. authorised officer : (1971)2mlj35 and p. somasundaram v. k. rajammal .....Tag this Judgment!
Court : Chennai
..... of a similar nature was undertaken by 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 ..... in a state, to pondicherry with such restrictions and modifications as it deems fit. 33. thereafter, the pondicherry (laws) regulation, 1963, was issued by the president in exercise of the powers conferred by article 240 of the constitution, with a view to extend certain laws to the union territory of pondicherry. section 3 of the said regulation declared that the acts as they are generally ..... local councils and municipalities. in addition, native indians were given the right to representation, association and organisation. culturally, those indians, who so desired, were invited to renounce their personal status (hence become renouncants) and place themselves under the authority of the french civil code. 31. after india attained independence, an agreement was signed in october 1954 ..... liable to be dismissed. 7. the sixth defendant filed an additional written statement, which was adopted by the defendants 2, 3 and 7. this additional written statement was in response to an amended plaint where certain wet lands were included. it was claimed in the additional written statement that some of the properties sought to be included .....Tag this Judgment!
Court : Supreme Court of India
..... of section 29(2) of the limitation act and the question of saving of local law under the limitation act, 1963 does not and cannot arise.13. we may, in this case, refer to the pondicherry (laws) regulation, 1963 (no.7 of 1963) which deals with the regulation to extend certain laws to the union territory of pondicherry. reference may also be made to the pondicherry (extension of laws) act, 1968. ..... j.1. leave granted.2. we are, in this appeal, concerned with the applicability of the provisions of the indian limitation act, 1956, vis--vis, article 2262 of the french code civil, said to be the governing law of limitation in the union territory of pondicherry, erstwhile french establishment.3. appellant herein preferred a suit, being os no.295 of 1991 before ..... on 15.12.1962. section 4 of the pondicherry (administration) act, 1962 deals with continuance of existing laws and their adaptation, which reads as under: 4.continuance of existing laws and their adaptation.- (1) all laws in force immediately before the appointed day in the former french establishments or any part thereof shall continue to be in force in pondicherry until amended or repealed by a ..... adverting to the issue regarding limitation when the same has been specifically raised in the trial court and also in the grounds of appeal?.3. whether the courts below have erroneously held that the limitation act, 1963 is not applicable to the case?. 5. the question of limitation was the primary issue which was raised before the high .....Tag this Judgment!