Bare Act Search Results

The Assam Cooperative Societies Act, 1949 Complete Act

State: Assam

Year: 1949

.....Corporation Limited v. Collector of Central Excise [AIR 1963 SC 104], was concerned with the question as to whether exemption of excise duty to the factory run by a Co-operative Society, when exempted on payment of such duty was discriminatory or not. Their Lordships held that such exemption does not fall under discrimination. Similar question also arose in the cases of P.V. Shivarajan v. The Union of India [1959 Supp (1) SCR 779] and Gordhandas v. Assistant Collector of Central Excise and Customs. [(Unreported, decided on 27-9-68 in CA No. 1040 of 1965]. CHAPTER 1 Preliminary 1. Short title, extent and commencement. (1) This Act may be called the Assam Co-operative Societies Act, 1949. (2) It extends to the whole of the State of Assam. (3) It shall come into force on such date as the State Government may appoint. COMMENTS The Act came into force from 1st April, 1950, vide Notification No. CG 6/50/ 40, dated 3-3-1950. 2. Definitions. In this Act, unless there is anything repugnant in the subject or context " (a) "Administrative Council" means a body intermediary between a Managing Body and the General Assembly of registered society: "Affiliating Society".....

Bombay Commissioners of Divisions Act, 1957, (Maharashtra) Section 3

Title: Amendments to Enactment; Power of State Government to Confer Powers and Impose Duties on Commission???ers Under Any Law

State: Maharashtra

Year: 1957

.....determination. The delegation was. therefore, proper. Sadruddin v. J. H. Patwardhan, 1965 Mah. L. J, 290. The Legislature has not, in enacting sub-section (H) of section 3. parted with its essential legislative function. The Legislature has clearly laid down its policy and has left it only to the State Government. Subsidiary or ancilliary matters to implement the policy of the State Legislature. Therefore, provisions of the Act are not ultra vires of State Legislature and there is no excessive delegation of legislative power. Ganesh v. Commissioner, Nagpur Division. 1965 Mah. L. J. 577. Hyderabad Abolition of Inams and Cash Grants Act, 1954, Section 2A(2) - Notifications under the provisions of another Statute : Notifications under the provisions of another Statue.- In the case of Sombharti Guru Damu Bharti v. State of Maharashtra & Ors.. 2000 (3) All M. R. 453 : 2000 AIR 352 (Bom.) : 2001 (1) Mh. L. J. 914 : 2000 (Sup.) Bom. C. R. 371. Full Bench of the Bombay High Court (Aurangabad Bench) held that notifications issued under the Bombay Commissioners of Divisions Act, 1957 relation to section 2-A regarding to the appeal being heard by the Commissioner.....

Code of Criminal Procedure, 1898 Complete Act

State: Central

Year: 1898

.....as such Magistrate, exercised the powers of an Assistant Sessions Judge, he may be invested with the powers under this section notwithstanding the fact that he has not exercised the powers of Magistrate of the first class for not less than ten years." Act 19 of 1969, Section 3 and Schedule, Item 14 (in Delhi on 2-10-1969). WEST BENGAL In its application to the State of West Bengal, for Section 30, substitute the following, namely: "30. Offences punishment with imprisonment not exceeding seven years.-Notwithstanding any thing contained in Section 28 or Section 29, the State Government may, in consultation with the High Court, invest any Judicial Magistrate of the first class with power to try as a Magistrate all offences not punishable with death or with imprisonment for life or with imprisonment for a term exceeding seven years : Provided that no Judicial Magistrate of the first class has, prior to his appointment as such powers unless he has, for not less than ten years, exercised powers not inferior to those of a Judicial Magistrate of the first class : Provided further that if any Judicial Magistrate of the first class has, prior to his appointment as such Magistrate,.....

Hindu Gains of Learning Act, 1930 Complete Act

State: Central

Year: 1930

.....demoralising influence upon his character by inducing him to have recourse to dishonest subterfuges like benami transactions. Likewise, the present rule is not favourable to the growth of self-reliance among the dependent members of the family. In a rich family, it offers a premium to extravagance, idleness and perpetual discord. Its injustice is manifestly galling. Take, e.g., a case in which a father has three sons and incurs the same expenditure on their education. He sends them all to England to be educated for the 1.C.S. One is successful, the other two fail. Of the two who fail, one takes to trade, the other is unwilling to do any work and remains idle. The trader earns a large fortune, which the present law allows him to keep to himself, because his education in England was for the Civil Service and not for trade. But, out of the earnings of the Civilian, two shares are claimed, one by the trader and the other by the brother who has been idle. The trader keeps his own earnings and also takes a share of the Civilian's earnings. Take again a case in which three brothers are given by their father the same education for the same profession and at the same cost. Though they.....

Land Acquisition (Mines) Act, 1885 Complete Act

State: Central

Year: 1885

.....or portion of the land specified in the statement, except as aforesaid, shall not vest in 4[the Government] when the land so vests under the said Act. "Section 2 of the Bill as introduced (now section 3 of the Act) required the Government to determine, before it issued its declaration under section 6 of the Land Acquisition Act, whether the land should be acquired simply under that Act, that is to say, including the minerals or whether the special provisions of this Bill should be put in force with a view to excluding the minerals from the acquisition. It has been represented that it is not for the interest of any of those concerned that an irrevocable determination should necessarily come to on so important a point at a stage of the proceedings when the circumstances of the case would in all probability be imperfectly known. The Government, it will be observed on reference to the Land Acquisition Act, has discretion to withdraw from a proposed acquisition of land up to a considerably later stage, and it seems but reasonable that it should have a discretion to exclude the minerals from the acquisition at any time up to the same stage if it turns out that their acquisition is.....

Mussalman Wakf Validating Act 1930 Complete Act

State: Central

Year: 1930

.....form of wakf-al-aulad, that is a bequest for the benefit of the testator's descendants. As such, it contravenes the law against perpetuities as enacted in Section 14 of the Transfer of Property Act, and.Section 114 of the Indian Succession Act. A doubt was cast on this doctrine by the Privy Council in several cases in which their Lordships held such bequests illegal as obnoxious to the rule against perpetuities As Act 6 of 1913 was merely declaratory of the validity of such wakfs, it was understood that it would apply equally to all wakfs whether created before or since that enactment. But as the Courts have held otherwise, this Bill is framed to give that Act retrospective operation. It is apprehended that Mussalman Wakf Validating Act (6 of 1913) was not intended to introduce a change in the old law being enacted to restore the old rule. This Bill will, if passed, carry out its intention by resolving a doubt resulting from recent cases." -Gazette of India, 1929, Pat V, p. 240. EXTRACT FROM SELECT COMMITTEE REPORT "Clause 1.- This Bill is designed to give retrospective effect to the Mussalman Wakf Validating Act, 1913, which has already been in operation without retrospective.....

Public Suits Validation Act, 1932 Complete Act

State: Central

Year: 1932

.....section a suit pending at the commencement of this Act includes a suit in respect of which an appeal lies or is pending at the commencement of this Act. SECTION 03: RESTORATION OF CERTAIN DISMISSED PUBLIC SUITS Where any suit relating to any such public matter has, after the 30th day of November. 1931 and before the commencement of this Act, been dismissed by a Court of first instance solely on the ground that the sanction of the4[State Government] in respect of such suit has not been obtained as required by Section 93 of the Code of Civil Procedure. 1908 - the Court shall, on application made within six months from the commencement of this Act, make an order setting aside its decree and shall proceed with the suit. SECTION 04: RETRIAL OF CERTAIN APPEALS RELATING TO PUBLIC SUITS Where, in any appeal arising from a suit relating to any such public matter, a decree has been passed after the 30th day of November, 1931 and before the commencement of this Act, dismissing the appeal or dismissing the suit from which the appeal arose, solely on the ground that the previous sanction of the5[State Government] in respect of the suit had not been obtained as required by Section 93 of the.....

The Assam Cinemas (Regulation) Act, 1953 Complete Act

State: Assam

Year: 1953

.....required in obtaining the copy of the order; provided that the Appellate Authority may extend the time for reasons found sufficient to its satisfaction. (3) Any person considering himself aggrieved by an order passed under S. 4 for granting a licence with the approval of the State Government may file an application for review of an order and the approval, to the State Government within a period of 30 days from the date of the order and thereupon the State Government may after giving a hearing to the parties concerned, may - (i) reject the application; or (ii) where it is of opinion that sufficient ground for review has been established, grant the same - (a) by withdrawing its approval or direction issued under S.4; and (b) remand the applications to the Licensing Authority concerned for fresh enquiry; or (iii) direct the Licensing Authority to issue the licence to any of the applicants. (4) All appeals pending on the date of the commencement of this Act shall be disposed of in accordance with the provisions of this Act and for that purpose all appeals against an order under S. 4 of the principal Act shall be deemed to be application for review under sub-S. (3).....

The Bengal, Agra and Assam Civil Courts Act, 1887 Complete Act

State: Assam

Year: 1887

.....37 of the Civil Procedure Code. Where the trial Judge who tried the case at Gauhati, had jurisdiction to try the case of Tezpur and vice versa, the fact that he did not try the case at Tezpur but at Gauhati would not make the order or judgment invalid for that reason [AIR 1952 Assam 88]. The Supreme Court held in Triogi Nath v. Indian Iron and Steel Co. Ltd. [AIR 1968 SC 205] that the labour Courts constituted under the Industrial Disputes Act have no comparison with the courts constituted under this Act. The Allahabad High Court held in Nand Kishore v. Mool Chandra [AIR 1966 All 613], that S. 31 of the Arbitration Act does not prevent a District judge from exercising his power of transfer under S. 13. or under the provisions of C.P.C. 14. Place of sitting of Courts. (1) The State Government may, by notification in the Official Gazette, fix or alter the place or places, which any Civil Court under this Act is to be held. (2) All places at which any such courts are now held shall be deemed to have been fixed under this section. COMMENTS It is not the actual sitting on a particular day that determines the situation of the Court but the situation is determined by the.....