Court : Orissa
Reported in : II(1993)ACC306; 1994ACJ680; 75(1993)CLT567; (1995)ILLJ298Ori
..... of the use of any limb or member referred to in this schedule shall be deemed to be the equivalent to the loss of that ..... loss of the right eye because the respondent no. 1 is suffering from diplopia (double vision). the answer to the question seems to be available in the note appearing at the foot of part ii of schedule i. this note was added by repealing and amending act 58 of 1960. according to this note, complete and permanent loss ..... limb or member. as already indicated above, the respondent no. 1 is having diplopia ..... for all times to come. there is no controversy at the bar that if the said injury is covered by any of the items of schedule i of the act, then the assessment of percentage of loss of earning capacity cannot be made in any other way. so, the assessment made by the commissioner ..... entitled to any compensation. his second contention is that the injury is a specified injury being covered by item 26 of part ii of schedule i of the act which prescribes the percentage of loss of earning capacity at 30 and when this percentage of earning capacity is added to the percentage of loss .....Tag this Judgment!
Court : Allahabad
Reported in : AIR1979All170
..... no. 179 of 1836 being the law in force would, therefore, continue ot remain in force till repealed no. law has yet been made to repeal that order. the british statutes (application ot india repeal act, 1960 had repealed only those british statutes which were specified in the schedule. in the schedule the entry of serial no. 25 is :'serial no. year short tiltle or subject ..... .....25 1833 ..... , all the law in force in the territory of india immediately before the commencement of this constitution shall continue in force therein until altered or repealed or amended by a competent legislature or othes competent authority....'explanation 1 defines the 'law in force' as:'the expression 'law in force' in this article shall include a law passed or made by a legislature or ..... in british india until altered or repealed or amended by a competent legislature or other competent authority.' the regulations contained in order no. 179 of 1836, therefore, continued to remain law even thereafter. section 18 of the indian independence act, 1947 again continued the law contained in this order no. 179 of 1836. section 18 runs as under :'(1) .....(2) .....(3) save as otherwise .....Tag this Judgment!
Court : Supreme Court of India
..... the constitution] and entry 33/list-i of the seventh schedule of the constitution provided only the field of legislative power and did not extend to providing or requiring compensation. the requirement of compensation in the event of taking flows only from article 31(2) of the constitution, which was repealed by the constitution (44th amendment) act, with effect from 26th september, 1979 ..... list of the seventh schedule of the constitution as entry 17a; the u.p. zamindari abolition (amendment) act, 1978 (u.p. act 15 of 1978) was passed on 30th november 1977 whereby kuzalr act was amended. in the preamble and statement of objects and reasons necessitating the amendment, it is stated that the amendment act amends kumaun and uttarakhand zamindari abolition and land reforms act, 1960 also. it goes ..... is best designed to promote rural welfare than individual owners of small portions of lands... it is true that section 4a of kuzalr act, 1960, as amended by the up amendment act 1978, provides that chapter ii and chapter v of the kuzalr act would apply mutatis mutandis and rule 41 of the kuzalr rules is relatable to chapter iv of the kuzalr ..... in question. by a gazette notification dated 21st december, 1977 under section 4-a of the kumaun and uttarakhand zamindari abolition and land reforms act, 1960 (hereinafter referred to as kuzalr act ) as amended by the u.p. act no. 15 of 1978, the rights, title and interest of every hissedar in respect of forest land situated in the specified areas ceased .....Tag this Judgment!
Court : Kerala
Reported in : AIR1963Ker202
..... the general sales-tax (amendment) act, 1960, (kerala act 3 of 1960), and published in the state gazette on 30th march 1960. there appears to have been an ordinance. by section 2(1) of the amending act, in section 5 of the general sales tax act, 1125, for clause (vii) the following clause was substituted '(vii). the sale of goods specified in column (2) of schedule i shall be liable to ..... repealed was the madras general sales-tax act,1939, (madras act 9 of 1939). that was quite natural because up to the date of passing of this act, the t. c. areawas exclusively governed by the travancore-cochin general saies tax act, 1125, and the malabar area was governed by the madras general sales-tax act, (act 9 of 1939). section 16 of the amending act also incorporated a schedule ..... specified in column (2) of schedule i shall he liable to tax under section 3, sub-section (1), only at such single point in the series of sales by successive dealers as may be specified by the government by notification in the gazette'.section 15 incorporated a new sub-section 2 to section 27 of the original act repealing the various statutes mentioned therein. ..... really it has got the effect of passing a fresh legislation so far as the malabar area is concerned. the original act which was being applied to that area, namely, madras act 9 of 1939, has been repealed and substantial amendments to the parent act have been made by substituting the words 'state of kerala' for the expression 'state of travancore-cochin'.61. even .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 1991(2)ALT639
..... laws order, 1960'. the first schedule to the order states that section 74-b of the district boards act shall be made applicable to the zilla parishads. the third schedule sets out the provisions of the district boards act which shall have effect subject to adaptations and modifications as directed by the schedule, until repealed or amended by a ..... following heads, namely, land-cess, profession tax and house-tax. section 35 deals with rates of levy of taxes under section 34 and it says : (1) i he rates of levy of any tax under section 34 shall be determined-- (a) by the local authority with the previous sanction of the state government, ..... shall, if so directed by them, alter the rates of any such tax. section 36 reads thus : '36. assessment and realization of taxes : (1) every tax levied in any area under any head of taxation mentioned in section 34 shall be deemed to be an addition to a tax levied under ..... are bound to consider the same. the absence of a provision for appeal against the levy of land cess in regard to lands falling under clause (i) of section 79 does not also make the impugned levy unconstitutional. as already stated, the land cess is inextricably mixed up with non-agricultural assessment ..... list ii are entries 18 and 45. 6. section 3 of the aforesaid act is the charging section. it provides that in the case of non-agricultural land in a local area with the population specified in column (1) of the schedule, an assessment at the rates specified in columns (2), (3) and (4 .....Tag this Judgment!
Court : Allahabad
..... provided the extent of punishment which could be imposed by the high courts in the matter of contempt. the act, 1952 vide section 6 thereof repealed not only act, 1926. 15. on 1st april, 1960 a bill was introduced in the lok sabha to consolidate and amend the law relating to contempt of courts. a committee under the chairmanship of mr. h.n.sanyal, additional ..... in list iii seventh schedule of the constitution. in respect to courts, entry 77 list-i vii schedule provides as under : - "constitution, organization, jurisdiction and powers of the supreme court (including contempt of such court), and the fees taken therein; persons entitled to practice before ..... mentioned in list ii in the seventh schedule subject to article 246 (1) and (2). article 246 (2) provides that notwithstanding anything in clause 3 parliament and subject to clause 1 the legislature of any state shall have power to make laws with respect to any of the matters enumerated ..... punish for contempt of itself or or other substantial offences. in respect to the statutory enactments, article 246 (1) of the constitution provides that the parliament has exclusive power to make laws in respect to such matters as are enumerated in list i in seventh schedule. article 246 (3) empowers the legislature of the state to make law with respect to the subjects .....Tag this Judgment!
Court : Punjab and Haryana
Reported in : AIR1969P& H12; 22STC335(P& H)
..... general sales tax (amendment and validation) repealing act, 1961 (punjab act 28 of 1961). yet another act, the punjab general sales tax (amendment) act, 1960 (punjab act 18 of 1960) was enacted which changed the definition of the word 'purchase'. the definition as altered reads as follows. '2. (ff) 'purchase' with all its grammatical or cognate expressions, means the acquisition of goods specified in schedule c for cash ..... under the act have not been altered. there is no machinery provided by which it can be ascertained whether the declared goods have or ..... still persists and the proceedings taken under the amending act are claimed to be suffering from the same vice from which they suffered when the matter went to the supreme court in bhawani cotton mills' case : 3scr577 . it is further emphasized: (i) that in spite of the retrospective operation given by the amending act legalise what was invalid earlier, the rules ..... with reference to the 'terms of the instrument by which affirmatively the legislative powers were created and by which negatively they were restricted queen v. burah. (1877) 5 i.a. 178 (pc) it is not necessary to multiply authorities. mr. anand swarup the learned advocate general drew our attention by way of instances to a large number .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1971SC815; 1971CriLJ680; (1971)1SCC442; 3SCR607
..... fruit order. it may be recalled that clause (1) of sub-r. (1) of rule 50 of the adulteration rules was amended in 1956 and again in 1960 and the amended clause is indicative of the rule making authority being conscious of ..... the 7th schedule even the states have power to amend these enactments and indeed they have been so amended in some states. the subsequent amendments of the adulteration act and of the essential commodities act by the parliament and the amendment of the adulteration rules would also tend to negative any legislative intendment of implied repeal of the adulteration act by the essential commodities act or the ..... the. danger to human life and health from the sale of unwholesome articles of food. it is covered by entry 18, list iii of the 7th schedule to the constitution. the essential commodities act on the other hand has for its object the control of the production, supply and distribution of, and trade and commerce in, essential commodities and is ..... clause 4. clause 7 enjoins the manufacturers to manufacture fruit products in conformity with the sanitary requirements and the appropriate standard of quality and composition specified in the second schedule to the order and clause 8 lays down the requirements to be complied with by the manufacturers in regard to the packing, marketing and labelling of containers, of fruit .....Tag this Judgment!
Court : Madhya Pradesh
Reported in : AIR1965MP43; [1964(8)FLR436]
..... act, 1960, was amended by m. p. industrial relations (amendment) act, 1961. by section 20 of this amending act, for proviso (c) to section 112 of the principal act, the following proviso was substituted : '(c) any proceedings pending under the provisions of the acts so repealed or any proceedings maintainable under the said acts in pursuance of the provisions of clause (b) before a court or authority specified in column (1) of schedule ..... be disposed of or proceeded with as if the said acts had not been repealed and any penalty imposed in such proceedings shall be recovered under the acts so repealed.' section 21 of the amending act added a new schedule, namely, schedule iii, to the act of 1960. it was as a result of these amendments that the reference, which was pending before the m.p ..... . state industrial court constituted under the c. p. and berar industrial disputes settlement act, 1947, when the m. p. industrial relations act, 1960, came into ..... view that the effect of the amendments made by sections 20 and 21 of the amending act of 1961 was to make the new proviso (c) to section 112 and schedule iii a part of section 112 of the act of 1960 and no separate notification was necessary under section 1(3) of the principal act for bringing into force the provisions .....Tag this Judgment!
Court : Punjab and Haryana
Reported in : 38STC259(P& H)
..... in clause (if) of section 2. further amendments were brought about by subsequent amending acts, namely, act no. 13 of 1959, act no. 24 of 1959 and act no. 18 of 1960. in section 6 of the principal act, it was provided that no tax shall be charged on the sales of goods, which were entered in schedule b. by the amending act no. 13 of 1959, the scope of section ..... , 1958, according to which, 95 per cent of the total quantity of bold group rice and 90 per cent of the total quantity of slender group rice (as mentioned in schedule i of the said order) are acquired by the punjab government for a price as fixed by the government. thus, the acquisition of this rice by the government at a fixed ..... learned counsel for the petitioner, has challenged the vires of section 31 of the act on the following grounds:(1) under section 31 of the act, the state government has been empowered as a parallel legislature who could, by formulating its own legislative policy, repeal or nullify the provisions of the act;(2) the legislature has delegated its primary essential legislative functions to the executive ..... ;(3) no guidelines have been provided in any provision of the act with in the ambit .....Tag this Judgment!