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Jun 05 1958

Trilock Chand Agarwalla Vs. Dominion of India (Now as the Union of Ind ...

Court : Kolkata

Decided on : Jun-05-1958

Subject : Civil

Acts : Displaced Persons (Institution of Suits) Act, 1948 - Section 4, 4(1), 4(2), 4(3) and 4(4); ;Code of Civil Procedure (CPC) , 1908 - Section 20; ;Railways Act, 1890 - Section 77

Reported in : AIR1959Cal281

here against the Dominion of India? Reliance is placed on behalf of the appellant on the provisions of Section 4 of the Displaced Persons (Institution of Suits) Act, 1948. That Section provides as follows:Notwithstanding anvthing contained in Section … case is that he is a displaced person within the meaning of the Displaced Persons (Institution of Suits) Act, 1948. His pleading in the plaint is that he left Bogra in East Bengal which is now in East

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Feb 23 1953

iqbal Ahmed Vs. State of Bhopal

Court : Madhya Pradesh

Decided on : Feb-23-1953

Subject : Criminal

Reported in : 1954CriLJ602

Governor-General on 18-7-1948 and the second Ordinance was promulgated on 10-11-1948. The State of Bhopal acceded to the Dominion of India by an Instrument dated 14-8-1947 and it was accepted by the Governor General on 16-8-1947. In … brother Iqbal Ahmed has filed an affidavit dated 3-9-1952 and in para. 4 of his affidavit it is stated that 'Izhar Ahmed was born at … that he was arrested under an order from the Bhopal Government under 8. 7, Influx from Pakistan (Control) Act. He was then taken away from Bhopal the next morning. It is said that Izhar Ahmed never went … contrary to law and contravened his fundamental rights; that the order under Section 7 of the Act 'ibid' was bad in law and void under

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Apr 30 1960

Gwalior Rayon Silk Manufacturing (Weaving) Co. Ltd. Vs. the Union of I ...

Court : Madhya Pradesh

Decided on : Apr-30-1960

Subject : Direct TaxationConstitution

Acts : Constitution of India - Article 295(1); Madhya Bharat Regulation of Government Act, 1948 - Sections 3 and 4; Income Tax Act - Sections 13; Finance Act, 1950

Reported in : AIR1960MP330; [1961]43ITR184(MP)

1 of 1948) and Article VI of the Covenant read with Section 3 of Act No. 1 of 1948. Section 4 of the Act ran as follows:'When the administration of any Covenanting State has been taken over by the … to the British Crown. Section 1 of the Act of 1947 set up as from 15-8-1947, two independent dominions to be known as India and Pakistan. The Government of India Act, 1935, was modified under the provisions

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Nov 17 1960

State of Orissa Vs. Smt. Rai Ratna Prabha Devi

Court : Orissa

Decided on : Nov-17-1960

Subject : PropertyConstitution

Acts : Constitution of India - Article 363(1)

Reported in : AIR1961Ori161

in January, 1948.4. In the meantime, far-reaching constitutional changes involving the merger of the Princely States with the Dominion Government took place. These are now matters of history and they have also been referred to in innumerable … 1949 quoted below: Home Department. NOTIFICATION.The 8th June, 1949.No. 11228-States -- In exercise of the powers conferred by Section 4 of the Extra Provincial Jurisdiction Act, 1947 (XLVII of 1947), read with notification No. 172-IB, dated the 23rd

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Nov 03 1949

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

Court : Chennai

Decided on : Nov-03-1949

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

Governor-General may, in cases of emergency, 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 space of not more than six … 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 … Govinda Menon, J. 1. These are petitions under Section 491, Criminal P. C., by the various petitioners herein praying that directions … Govinda Menon, J. 1. These are petitions under Section 491, Criminal P. C., by the various petitioners herein praying that directions in

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Jan 17 1955

State Vs. Hyder Ali

Court : Andhra Pradesh

Decided on : Jan-17-1955

Subject : Criminal

Reported in : 1955CriLJ798

4 read with Section 3, Influx from Pakistan (Control) Ordinance, 12 of 1948 for overstaying in India applied for a writ restraining the opponent from … over the State of Mysore, executed the Instrument of Accession. He thereby declared that he acceded to the Dominion of India with the intent that the Governor-General of India, the Dominion Legislature, the Federal Court and any … from any place in Pakistan, whether directly or indirectly unless (a) he is in possession of a permit. Section 4 empowered the Central Government by Notification in Official Gazette to make rules (b) regulating the movements in India … Qamar Hasan, J.1. This reference Under Section 7, Hyderabad High Court Act arises out of an appeal preferred by the State of Hyderabad against

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Nov 26 1948

In Re: A.B. Tonse and ors.

Court : Chennai

Decided on : Nov-26-1948

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 4(1); Code of Criminal Procedure (CrPC) - Sections 188; Government of India Act, 1935- Sections 205

Reported in : AIR1950Mad22

that Travancore and Cochin, which had been beyond British India before the Indian Independence Act, acceded to the Dominion of India.4. The question for consideration in this petition is whether the criminal Court in South Kanara in … That sanction was given by the Government of Madras on 25th May 1948. There was thus a valid initiation of criminal proceedings against these petitioners … of the offences complained of the accused were 'native Indian subjects of His Majesty within the meaning of Section 4, Clause (1), Penal Code, as it stood on that date. The offences were alleged to have been committed

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Nov 17 1952

Sanwaldas Gobindram Vs. State of Bombay and anr.

Court : Mumbai

Decided on : Nov-17-1952

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

rehabilitation of persons displaced from their 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 4 of 1949), the Government of … 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

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Aug 04 1953

Lakhmi Chand L. Nanak Chand Vs. Punjab State Through Collector, Jullun ...

Court : Punjab and Haryana

Decided on : Aug-04-1953

Subject : Civil

Acts : Displaced Persons (Institution of Suits) Act, 1948 - Sections 4; Indian Independence (Rights, Property and Liabilities) Order, 1947; Code of Civil Procedure (CPC) , 1908 - Sections 45

Reported in : AIR1954P& H181

suit out of which this appeal has arisen was instituted under Section 4, Displaced Persons (Institution of Suits) Act, 1948. The relevant portion of this section runs as follows: 'A displaced person may institute a suit in Court … Order, 1947, for the initial distribution of rights, property and liabilities consequential on the setting up of the Dominions of India and Pakistan.Paragraph 10 of the said Order declares that where immediately before 15-8-1947 the Governor-General in

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Nov 15 1963

State of Punjab Vs. Okara GraIn Buyers Syndicate Ltd. and ors.

Court : Supreme Court of India

Decided on : Nov-15-1963

Subject : Commercial

Acts : Displaced Persons (Debts Adjustments) Act, 1951 - Sections 13

Reported in : AIR1964SC669; [1964]5SCR387; MANU/SC/0023/1963

for the suit arose. Very soon after partition the Indian legislature enacted the Displaced Persons (Institution of Suits) Act, 1948 which received the assent of the Governor-General on September 4, 1948. It was a temporary enactment which was … being claimed;' 12. Sub-section (12) defines 'Tribunal' and it runs : '(12).'Tribunal' means any civil court specified under section 4 as having authority to exercise jurisdiction under this Act;' 13. There are, however, some substantive provisions which have … means any person who, on account of the setting up of the Dominions of India and Pakistan, or on account of civil disturbances or the

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