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Sirmur Chemical and General Industries Ltd. Vs. the Union of India (Uo ...

Court : Himachal Pradesh

Subject : Arbitration

Acts : Constitution of India - Articles 239 and 294; ;Arbitration Act, 1940 - Sections 9 and 14(1)

pass a "decree" for Rs. 92,000/- plus Rs. 800/- costs in favour of the Company as against the Dominion of India On 25-10-1949 A. D., the arbitrator presented a Petition, under Section 14 of the Indian Arbitration … rule of law. Under paragraph 5 of the Himachal Pradesh (Administration) Order, 1948, all laws in force in Himachal Pradesh or any part thereof before … T. Ramabhadran, J.C. (1) This is an appeal under Section 39 (1) (vi) of the Indian Arbitration Act. It arises under the following circumstances:--On 30-6-1945 A. D., the erstwhile Darbar of Sirmur State granted a monopoly … T. Ramabhadran, J.C. (1) This is an appeal under Section 39 (1) (vi) of the Indian Arbitration Act. It arises under the following

Sanwaldas Gobindram Vs. State of Bombay and anr.

Court : Mumbai

Subject : Constitution

Acts : Bombay Refugees Act, 1948 - Sections 2, 3, 4, 5, 6 and 7; Government of India Act, 1935 -Sections 5 and 9; Government of India (Amendment) Act, 1949; Constituent Assembly Act, 1949 - Sections 3 and 8(1A)

Reported in : AIR1953Bom415; (1953)55BOMLR478; ILR1953Bom836

original place of residence by reason of the setting up of the Dominions of India and Pakistan.'By the same Act, (Section 3, Constituent Assembly Act … of Rehabilitation, who is respondent 2, from enforcing an order dated 11-6-1952, made under Section 7, Bombay Refugees Act, 1948, against the petitioner. The order requires that the petitioner shall leave the Chembur colony with all his belongings … of residence by reason of the setting up of the Dominions of India and Pakistan.'By the same Act, (Section 3, Constituent Assembly Act 4 of 1949), the Government of India Act; 1935. Section 8, was also amended. Now,

Saradhakar Naik and ors. Vs. the King

Court : Orissa

Subject : Criminal

Acts : Orissa Maintenance of Public Order Act, 1948 - Sections 1; Extra-Provincial Jurisdiction Act, 1947 - Sections 3; Orissa Government's Administration of Orissa States Order, 1948

Reported in : AIR1950Ori67

Government, as their territories were never ceded to nor included within the dominion of His Majesty, the King of England, that the British suzerainty lapsed … that, under the circumstances, the notification of the Orisaa Govern. meat extending the Orissa Maintenance of Public Order Act, 1948, to the said States was ultra virea and, the arrest and detention of the prisoners were illegal, and … is of a general nature and has no specific reference to any particular state or states and by Section 3 (2) thereof the Central Government may delegate any such extra-provincial jurisdiction to any officer or authority in such

Mansing Surajsingh Padvi Vs. the State of Maharashtra Overruled

Court : Mumbai

Subject : PropertyConstitution

Reported in : (1968)70BOMLR654

an excluded area a legislation which has already been passed by the Dominion or the Provincial Legislature. It is true that he can make modifications … Mehwassi estates as a result of Section 4 of the Regulation was the Bombay Tenancy and Agricultural Lands Act, 1948. The relations between the petitioner and his tenants in the Estate were regulated by the provisions of that … Regulation applied to the six Mehwassi estates, including the petitioner's Kathi Estate, in the West Khandesh District. By Section 3 of the Regulation the Bombay Land Revenue Code, 187'9, was made applicable to the Mehwassi Estates subject to

Prem Lal Singhania Vs. U.P. Government

Court : Allahabad

Subject : Motor VehiclesCivil

Acts : Constitution of India - Article 300; U.P. Requisition of Motor Vehicles Emergency Powers Act, 1947 - Sections 3, 4, 5, 7, 9, 10 and 11; Code of Civil Procedure (CPC) , 1908 - Sections 80 and 100 - Order 6, Rule 10

Reported in : AIR1962All233

counsel relied on Section 176 of the Government of India Act 1935, which provided in effect that the Dominion of India and the Provincial Government may sue or be sued in the like cases as the Secretary … learned counsel argued that the liability of the U. P. Government in 1948 was exactly the same as that of the East India Company prior … in requisitioning the vehicles was done in good faith and not wrongful. Thirdly, in requisitioning the vehicles under Section 3 of the Act, the District Magistrate performed a governmental function imposed upon him by law and therefore, the

Ghanasyam Das and ors. Vs. State and ors.

Court : Guwahati

Subject : Civil

Acts : Government of India Act, 1935 - Sections 296; Assam Revenue Tribunal (Transfer of Powers) Act, 1948; Constitution of India - Article 226

The prohibition enacted by that section was that 'no member of the Dominion Legislature or of a Provincial Legislature shall be a member of any … under the provisions of the enactments specified in Schedule B to the Assam Revenue Tribunal (Transfer of Powers) Act 1948 was no more than an administrative authority, in no sense a tribunal, and jurisdiction conferred on him was … questions raised. It is not necessary to travel back farther than 1937. The impugned notification was issued under Section 3 (3) of the Assam Revenue Tribunal (Transfer of Powers) Act. Under Section 3 (1) of this Act the

Controller of Estate Duty Vs. Pratapsinhji Ramsinhji

Court : Gujarat

Subject : Direct Taxation

Acts : Constitution of India - Article 363; Estate Duty Act, 1953

Reported in : [2002]255ITR365(Guj)

deceased was the legal owner o the properties which were purported to have been taken over by the Dominion of India in 1948, and that the estate property was liable to payment of the estate duty as … force in a merged State or any part thereof immediately before the appointed day, including orders made under Section 3 or Section 4 of the Extra-Provincial Jurisdiction Act, 1947, were to continue to be in force until repealed,

Mrs. Rosetta Evelyn Attaullah Vs. JustIn Attaullah and anr.

Court : Kolkata

Subject : Family

Acts : Indian Independence Act, 1947 - Sections 1, 7 and 19; ;Constitution of India - Articles 1 and 5; ;Succession Act, 1925 - Sections 9 and 10; ;Divorce Act, 1869 - Section 2; ;Evidence Act, 1872 - Section 18

Reported in : AIR1953Cal530,57CWN778

time when the application for dissolution of marriage was presented on 2-5-1950, the parties were domiciled in the dominion of Pakistan and not in the Republic of India.4. At the final hearing before us it had been … parties were domiciled in India at the time of their marriage in 1948. Evi-deuce was led to this effect on behalf of the petitioner and … the petitioner and the learned Judge came to a finding that it was so. Under Section 2, Divorce Act, it is necessary that there should, be a definite finding that the parties were domiciled in India at … 1 (1), Indian Independence Act, 1947 (10 & 11 Geo. VI C. 30)'(1) As from the 15th day of August Nineteen hundred and fortyseven, two

In Re: E.P.T. Valyudam and ors.

Court : Chennai

Subject : Criminal

Acts : Madras Maintenance of Public Order (Removal of doubts and Amendment) Ordinance, 1949 - Sections 1(3), 3, 4A and 19; Government of India Act, 1935 - Sections 42 and 88

Reported in : AIR1950Mad324

make and promulgate Ordinances for the peace and good Government of the Dominion or any part thereof, and any Ordinance so made shall, for the … Order Act, 1947 (Act I [1] of 1947) as amended by the Madras Maintenance of Public Order (Amendment) Act, 1948 (Act XVII [17] of 1948). Madras Act I [1] of 1947 was to remain in force for a … the continuance of Madras Act I [1] of 1947. By this Ordinance certain new provisions were introduced, viz., Section 3 (a) by which it was declared that the validity of the Madras Maintenance of Public Order (Amendment) Ordinance,

Sir Gulab Singh Vs. District Magistrate

Court : Allahabad

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1898 - Sections 491 and 491(3); Government of India Act, 1935; Indian Independence Act, 1947 - Sections 2, 2(1), 2(2), 2(3), 2(4), 7, 18(3), 19 and 19(5); Bengal State Prisoners Regulation (Adaptation) Order, 1947; India (Adaptation of Existing Indian Laws) Order, 1947 - Schedule - Article 3; Constitutional Law; Bengal State Prisoners Regulation, 1818

Reported in : AIR1950All11

State acceded to the Indian Union in August 1947. On 20th May 1948, the Governor-General passed an order addressed to the Superintendent of Police, Dehra … to introduce the relevant provisions into the Regulation on 26th August 1947. It may be noted here that Sub-section (3) of Section 491, Criminal P. C., inter alia, provides that nothing in the section applies to persons detained … by British Parliament on 18th July 1947. The main object of it was to set up two independent dominions with sovereign powers. Section 2 of the Act, which deals with the territories of the two dominions, in