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Kashibai and anr. Vs. the ScIndia Steam Navigation Co. Ltd., Bombay

Court : Mumbai

Subject : Commercial

Acts : Maritime Conventions Act, 1911 - Sections 5 and 9; Fatal Accidents Act, 1855; Judicature Act, 1873 - Sections 25(9); Law Reform (Miscellaneous Provisions) Act, 1934; Judicature (Consolidation) Act, 1925 - Sections 22, 33 and 226; Indian Act, 1891 - Sections 2; Colonial Courts of Admiralty Act, 1890; Interpretation Act, 1889 - Sections 18-A(1); Government of India Act, 1935; India and Burma (Miscellaneous Amendements) Act, 1940 - Sections 8; Indian Independence Act, 1947 - Sections 2(1); India (Consequential Provision) Act, 1949; Constitution of India - Articles 372 and 395

Reported in : AIR1961Bom200; (1960)62BOMLR1017

the definition of Her Majesty's dominions was not thereby changed, and it was continued in being by the India (Consequential Provision) Act. 1949, passed in contemplation of the adoption of a republican constitution by India. India adopted her republican Constitution on … page 169 that Section 5 of the Maritime Conventions Act, 1911, was repealed with regard to the High Court by the Supreme Court of Judicature … that the High Court at Bombay which was declared as one ol the Colonial Courts of Admiralty by Section 2 of the Indian Act 16 of 1891 was by the Colonial Courts of Admiralty Act, 1890, given as

State of West Bengal Vs. Jugal Kishore More and anr.

Court : Supreme Court of India

Subject : Criminal

Acts : Fugitive Offenders Act, 1881; Indian Penal Code (IPC), 1860 - Sections 120B, 121, 121A, 122, 123, 420, 467 and 471; Code of Criminal Procedure (CrPC) , 1898 - Sections 82 and 439; Extradition Act, 1962; Constitution of India - Article 227

Reported in : AIR1969SC1171; 1969CriLJ1559; (1969)1SCC440; [1969]3SCR320

Matched in: Court Supreme Court of India

In Re: K.R.P.L. Chockalingam Chettiar

Court : Chennai

Subject : Criminal

Reported in : 1960CriLJ1625

has the same operation in India and Pakistan as if they had not become Republics : See the India (Consequential Provisions) Act, 1949 (12, 13, Geo, 6. c. 92), Section 1 (1) and the Pakistan (Consequential Provisions), Act, … together with all the enactments amending or supplementing the latter Act, were repealed under Article 395 of the Constitution of India. But Article 372 of … other, which, being competent to try and punish him, demands the surrender. Similarly in 22 Amjur p. 244, Section 2. It must be distinguished from transportation and from deportation, which also result in the removal of a person … accused to prison awating the orders of the Central Government under the provisions of the Indian Extradition Act. A revision has been preferred by the

In Re: K.R.P.L. Chockalingam Chettiar

Court : Chennai

Subject : Constitution

Reported in : (1960)2MLJ425

Republic of India (Re. Government of India and Mubarak AH Ahmed., (195a) I All E.R. 1060 applying the India (Consequential Provision) Act, 1949 (12, 13 & 14, Geo. 6, c. 92).30. The Indian Legislature enacted the Indian Extradition Act of 1903. … together with all the enactments amending or supplementing the latter Act, were repealed under Article 395 of the Constitution of India. But Article 372 of … which, being competent to try and punish him, demands the surrender. Similarly in 22 American Jurisprudence, page 244, Section 2. It, must be distinguished from transportation and from deportation, which also result in the removal of a person

Blackwood and Sons Ltd. and ors. Vs. A.N. Parasuraman and ors.

Court : Chennai

Subject : Media and CommunicationIntellectual Property Rights

Acts : Constitution of India - Articles 366(10) and 372; International Law; Imperial Copyright Act, 1911 - Sections 25 and 35; Indian Independence Act, 1947 - Sections 18(3); Continuance of Copyright Act, 1911; ;Evidence Act, 1872 - Sections 41 and 82; Succession Act, 1925 - Sections 213, 228 and 270; Copyright Act, 1914 - Sections 1, 2, 2(1), 4 and 4(1)

Reported in : AIR1959Mad410

as a Republic and added that the Act continued to operate by virtue of Section 1(1) of the India (Consequential Provisions) Act, 1949, which provided for the continuance of all existing laws, -- until provision to the contrary … repeal and that, on this Act or any part thereof being so repealed by the Legislature or a self-governing dominion, that dominion-shall cease to he … They also pleaded that in any event, their guide was 'a fair dealing' protected by proviso (i) to Section 2(1) of the Copyright Act of 1911.4. In regard to 'Stories from Tagore' the pleas of the defendants were

Kamalakar Mahadev Bhagat Vs. ScIndia Steam Navigation Co. Ltd.

Court : Mumbai

Subject : Commercial

Acts : Bombay City Civil Court Act, 1948 - Sections 3 and 12; Indian Legislature Passed Act, 1891 - Sections 2; Constitution of India - Articles 372 and 395; Indian Independence Act, 1947 - Sections 18(1) and 18(3); India (Consequential Provision) Act, 1949 - Sections 1; County Courts Admiralty Jurisdiction Amendment Act, 1869 - Sections 9; Supreme Court of Judicature Act, 1873 - Sections 4, 5, 16 and 34; Admiralty Court Act, 1861 - Sections 2, 7 and 35; Indian High Courts Act, 1861; Municipal Law

Reported in : AIR1961Bom186; (1960)62BOMLR995

legislature of India and Pakistan or other authority having power in that behalf. This was followed by the India (Consequential Provision) Act, 1949, Section 1 whereof continued all the existing laws and thereafter by Article 372 of the Constitution it was … the commencement of the Constitution shall continue in force until altered or repealed or amended by a competent Legislature or other competent authority. The Indian … Act. In exercise of the powers conferred by this Act, the Indian Legislature passed Act 16 of 1891, Section 2 whereof declared the High Courts at Calcutta, Madras and Bombay and some other Courts to be Colonial Courts

iCiCi Ltd. Vs. M.F.V. 'Shilpa' and Ors.

Court : Mumbai

Subject : CommercialBanking

Acts : Recovery of Debts Due to Banks and Financial Institutions Act, 1993 - Sections 2, 17, 17(1), 18 and 34; General Clauses Act - Sections 3(42); Debt Recovery Tribunal Act; Merchant Shipping Act, 1958 - Sections 51; Merchant Shipping Act, 1993; Evidence Act - Sections 41

Reported in : AIR2002Bom371; 2002(2)ALLMR191; 2002(1)BomCR724; 2002(2)MhLj563

the appropriate Legislature of India with the result this Court continued to exercise admiralty jurisdiction. Thereafter, by the India (Consequential Provision) Act of 1949, the existing laws were further continued. By virtue of the provisions of Article 372 of the … the commencement of the Constitution were continued in force until altered or repealed or amended by Competent Legislature or other Competent Authority. Thus, at the … the provisions of the D.R.T. Act are applicable to the plaintiffs. The defendants rely on the provisions of Section 2(g) of the D.R.T. Act and submit that the claim of the plaintiffs against the defendants is a debt

Vir NaraIn Tyagi Vs. State of U.P. and ors.

Court : Allahabad

Subject : ExciseConstitution

Acts : Uttar Pradesh Excise Act, 1910 - Sections 1 to 74, 75 and 76; Constitution of India - Articles 14, 19(1), 47, 254(2) and 301; Drugs and Cosmetics Act, 1940 - Sections 3; Medicinal and Toilet Preparations (Excise Duties) Act, 1955 - Sections 2

Reported in : AIR1978All490

and Entry 40 of List II, viz., Provincial Legislative List, of the 7th Schedule to the Government of India Act, 1985, indicates that the power to legislate in respect of dues of excise on medicinal and toilet … is meant to provide for the levy and collection of duties and consequential provisions. This Act too does in no way deal with the matter … State of Bombay v. F. N. Balsara (AIR 1951 SC 318) where in relation to the Bombay Prohibition Act, 1949, it was observed that the power even to prohibit use, consumption, possession and sale of intoxicating liquor could … Province to which it applies, be amended or repealed by an Act of the Legislature of that … 'Notified Restricted Spirituous Preparations' as denned in Rule 2 (ii) of the Uttar Pradesh Transport and Possession … By the notification under Section 75 the State Government directed that the provisions of Sections 1 to 74 of the Act and the Uttar Pradesh

Nedumpilli Finance Company Limited Vs. State Of Kerala .

Court : Supreme Court of India

Subject : Land Acquisition

Matched in: Court Supreme Court of India

Munshi Ram and ors. Vs. Financial Commissioner, Haryana and ors.

Court : Punjab and Haryana

Subject : TenancyCivil

Acts : Code of Civil Procedure (CPC) , 1908; Tenancy Laws; Punjab Security of Land Tenures Act, 1953 - Sections 2(1), 2(3) and 2(11); ;East Punjab Refugees (Registration of Land Claims) Act, 1948

Reported in : AIR1968P& H162

2 of the Act 'has the meaning assigned to it in the East Puniab Displaced Persons (Land Resettlement) Act, 1949,' (hereinafter called the Resettlement Act). In the Resettlement Act, a displaced person, under Clause (c) of section 2. … 1967 owned considerable land in Pakistan. He died on 11th of April, 1948, after he had migrated to India. Before his death, Bishan Dass filed his claim under the Bast Punjab Refugees (Registration of Land Claims) Act. … held to be refugees. This Ordinance was then repealed by the East Punjab Refugees (Registration of Land … sons of Bishan Dass did not hold lands in West Punjab and consequentially the question of abandonment by them does not arise. In Mr. Wasu's … the purposes of determining the permissible area of a displaced person, the provisions of proviso (ii) shall not apply to the heirs and successors of