Judgment Search Results Home > Cases Phrase: acquired territories merger act 1960 Page 2 of about 9,586 results (0.077 seconds)

Tilakram Rambaksh Vs. Bank of Patiala and ors.

Court : Punjab and Haryana

Reported in : AIR1959P& H440

..... state corresponding to a state specified in part b of the first schedule, whether arising out of any contract or otherwise, shall be the rights, liabilities and obligations of the government of india, if the purposes for which such rights were acquired or liabilities or obligations were incurred before such commencement will thereafter be purposes of the government of india relating to any of the matters enumerated in the union list, subject to any agreement entered into in that behalf by the government ..... observed that the equal protection of persons against unjust discrimination by a state has no reference to territorial or municipal arrangements made for different portions of a state, and he went on to illustrate this point thus-'if a mexican state should be acquired by treaty and added to an adjoining state or part of a state, in the united states, and the two should be erected into a new state, it cannot be doubted that such new state might allow the mexican laws ..... the states reorganisation act, 1956, which provided the statutory authority for the merger, laid down in section 119-'the provisions of part ii shall not be deemed to have effected any change in the territories to which any law in force immediately before the appointed day extends or applies, and territorial references in any such law to an existing state shall until otherwise provided by a competent legislature or other competent authority, be construed as meaning the territories within that state immediately be- .....

Mahalakshmi Vs. P.S Rajeswari Alias Santha Bai

Court : Chennai

Reported in : (1979)2MLJ192

..... extension orders and merger acts were made in respect of chandranagore and the rights acquired under french law ..... ' article 20 of the decree of 1887 mentioned above reads as follows;--they (notarial deeds) are executory in the whole extent in the territory of the republic etc.the same was or is not inconsistent with the provisions contained in the code of civil procedure and thus was in force on or before the 'appointed day' ..... 148 wherein also a division bench held that even after the merger of french territories of chandranagore with the union of india, the position is that the decrees remained valid decrees, as if they were passed by indian courts, and the rights and remedies of the holders ..... --any judgment, decree or order passed or made before the commencement of this code by any civil court in the union territory of pondicherry shall, for the purpose of execution, be deemed to have been passed or made under this code:provided that nothing contained in this section shall be construed as extending the period of limitation to ..... has been repeatedly stated that the code of civil procedure, as in force in the state of madras on 1st august, 1966 has been made applicable to the union territory of pondicherry with effect from 24th may, 1968, the correct date is 5th september, 1968). ..... passed and made before the commencement of the code in pondicherry and it refers to such decrees made by any civil court in the union territory of pondicherry being deemed as a decree made under the code.14. .....

State of Saurashtra Vs. Jamadar Mohamad Abdulla and ors.

Court : Supreme Court of India

Reported in : AIR1962SC445; [1962]3SCR970

..... not think that these observations help to establish the contention of learned counsel for the respondents that any exercise of administrative control in acquired territory must mean at once that there is an assumption of sovereignty by the in-coming state so as to terminate the act of state. ..... indeed true that the people of junagadh voted for accession to the dominion of india; but no accession actually took place, and later there was a merger in the united state of saurashtra with the consent of the people of junagadh and the government of india. ..... haji : [1960]1scr537 where, in circumstances same as those of the appeal before us, it was held that the act of the dominion of india in assuming the administration of junagadh was an act of state pure and simple and the resumption of the grant in question therein having been made by the administrator before that act was completed and at a time when the people of junagadh were aliens outside the state, the act of resumption, however arbitrary, was an act of state on ..... pathak's contention is that as the respondents were not parties to the decision in memon haji's case : [1960]1scr537 they are not bound by the finding of this court that the junagadh state was annexed by the indian dominion on january 20, ..... : [1960]1scr537 an act of state is an exercise of sovereign power against an alien and is neither intended nor purports to ..... memon haji ismail haji : [1960]1scr537 , we have allowed learned counsel for the respondents to address us on this .....

Stearns Vs. Minnesota

Court : US Supreme Court

..... the opinion of the court was that, "by the foreclosure proceedings, the state acquired, without any merger, all the franchises and privileges held by the territorial corporation, and that it could transfer them to a new corporation of its own creation. ..... held that property of the united states situated within the limits of a state was exempt by the constitution of the united states from taxation by that state, and while, referring to the many exemption clauses in different acts of admission of states, it was said that they were but declaratory of the law, and conferred no new right or power on the united states, it was not held that, if in the absence of such exemption clauses, the ..... vested in, and transferred to the lake superior and mississippi railroad company, its successors and assigns, to be held, used or sold and disposed of by said railroad company, to aid in the construction of a railroad, as contemplated and provided by said act of congress, and for the equipment and operation of the same, and for no other purpose whatever, the same to be held, used, and disposed of upon and subject to the conditions in said ..... that the right of occupation should cease, but that the duty to pay the rent should continue in the same amount and in the same manner stated in the contract, and that nothing in the amendatory act should be construed as relieving the lessee from the duty to pay the whole of the stipulated rent, a condition strictly analogous to that which arises from the amending .....

The State of Saurashtra Vs. Memon Haji Ismail Haji

Court : Supreme Court of India

Reported in : AIR1959SC1383; [1960]1SCR537

..... it follows from this that no act done or declaration made by the new sovereign prior to his assumption of sovereign powers over acquired territories can quoad the residents of those territories be regarded as having the character of a law conferring on them rights such as could be agitated in his courts ..... the principle of these cases has been extended to all new territories whether acquired by conquest or annexation or cession or otherwise and also to rights, contracts, concessions, immunities and privileges erected by the previous paramount ..... now, the status of the residents of the territories which are thus acquired is that until acquisition is completed as aforesaid they are the subjects of the ex-sovereign of those territories and thereafter they become the subjects of the new ..... possession was taken under colour of legal title, that title being the undoubted right of the sovereign power to resume, and retain or assess to the public revenue, all lands within its territories upon the determination of the tenure, under which they may have been exceptionally held rent free. ..... 1924) indap 357, summed up the law in these words :- 'when a territory is acquired by a sovereign state for the first time that is an act of state. ..... of income-tax : [1958]34itr514(sc) , in which an agreement with the ex-ruler of jhind for tax concessions was held not binding upon the income-tax authorities after the merger of the state with the union of india and the defence of an act of state was upheld. .....

D.S. Meramwala Bhayawala Vs. Bai Shri Amarba Jethsurbhai

Court : Gujarat

Reported in : (1968)9GLR609

..... beyond this we did not propose to interfere and we determined to treat the kathiawar tributaries as independent chieftains entitled to the uncontrolled exercise of the powers of government within their own territories and subject only to the obligation of not molesting our subjects, our allies or one another and paying the stipulated tribute to the gaekwad and ourselves.this despatch leaves no doubt that in the early years of ..... it was not the case of meramvala-and it could not be the case since the merger agreement would be an act of state-that as a result of the merger agreement any interest was acquired by him in the properties held by bhayavala. ..... the learned trial judge, by a common judgment dated 30th april 1960, held that meramvala was a validly adopted son of bhayavala but the properties in the hands of bhayavala were not ancestral properties and meramvala did not, therefore, acquire an interest in the said properties on adoption and bhayavala was entitled to dispose of the said properties by will ..... 36 of 1960 pending in the district court, amreli, was accordingly stayed by me by an order made on 12th january 1960. ..... vijayasinhrao : [1960]3scr789 . ..... 1201 of 1960 in this court praying that first appeal no ..... 764 of 1960 in this court against the decree in amarbai's suit and the other being first appeal no ..... 36 of 1960 pending in the district court, amreli, be stayed until the final disposal of first appeal no ..... 36 of 1960 in the district court, amreli, against the decree in meramvala's .....

Ahmadunnisa Begum Vs. Union of India

Court : Andhra Pradesh

Reported in : AIR1969AP423

..... ground that after 1858 when the british crown took over from the east india company the administration of the entire territory of india, the indian states remained under the personal rule of their chiefs under the suzerainty of the crown, and though after the indian independence act, the paramount of the crown lapsed in regard to hyderabad and other states, the pre-existing agreements with ..... chagla at the very outset, has quite frankly and, in our view, quite properly, did not even attempt to contest the proposition that if any dispute does arise out of the covenant of merger or of privy purse, entered into between the ruler and government of india, the jurisdiction of the courts would be barred, nonetheless, it might assist to some extent if we are to briefly sketch the historical ..... a great deal has been state before us as to the nature of the agreement of merger, that it is a political agreement entered into between two independent states, namely, the ruler on the one side and the central government on the other, that those covenants acquire the status of treaties and engagements entered into between two international persons, and that the framers of the constitution, in order to give effect to the principles ..... it was all through a vassal of the british crown.................it is, therefore, clear that hyderabad state did not acquire international personality under the international law and so its ruler could not rely upon international law for claiming immunity from taxation .....

State of Orissa Vs. Smt. Rai Ratna Prabha Devi

Court : Orissa

Reported in : AIR1961Ori161

..... under the provisions of the government of india act, 1935, as is- stood then, the orissa legislature had no jurisdiction to legislate in respect of such merged territories inasmuch as they did not form part of the province of orissa and the territories were administered by the dominion government under the provisions of the extra provincial jurisdiction act and the orders issued thereunder.complete merger for legislative purposes undoubtedly took place only after ..... no authority for the proposition that the residents o dhenkanal did not become subjects of the dominion government until the orissa legislature acquired jurisdiction to pass laws in respect o them.in the case of junagadh, as the ruler did not formally cede his territory, the transfer became complete only when the elected representatives of the people of junagadh decided to hand over the state to the ..... the residents of the territories which arethus acquired is that until the acquisition is completed 'as aforesaid,' they are the subjects of the ex-sovereign of all those territories, and therefore theybecame the ..... powers to transfer sovereignty to the new government (dominion government) who also had full authority to acquire new territories by cession. ..... it is difficult to understand the precise nature of the customary right which the grantee acquired by virtue of such grants if such right could be extinguished at the will of the succeeding ruler.in any case, in the absence o any evidence about the nature and extent of .....

Nawab Syed Murtaza Ali Khan (Dead) by Lrs. Vs. Prescribed Authority, R ...

Court : Supreme Court of India

Reported in : JT2003(Suppl1)SC142; 2003(6)SCALE465; (2003)10SCC6

..... an industrial purpose (that is to say, for purposes of manufacture, preservation, shortage or processing of goods), and in respect of which a declaration under section 143 of the uttar pradesh zamindari abolition and land reforms act, 1950, subsists;(b) land occupied by a residential house;(c) land used as a cremation ground or as a grave-yard, but excluding cultivated land;(d) land used for tea, coffee or rubber plantations, and to the ..... the learned counsel for the appellants urged that the lands in question were private properties of ex-ruler of rampur state as is evidence from merger agreement coupled with collateral letters and the notification issued under the zamindari abolition act; the father of the appellants was not a tenure holder as the lands were private properties of the ruler and he was absolute owner of the agricultural lands; ..... a tax in the form of assessment of the private lands of the rulers, clearly it has not purported either to deprive the rulers of their property or to acquire or requisition the said property; it is a simple measure authorising the levy of a tax in respect of agricultural lands and, as such, it is entirely outside ..... uttar pradesh issued a notification under section 4(i) of the uttar pradesh zamindari abolition & land performs act vesting all lands (estates) situated in the territory occupied by the former princely state of rampur except the private lands belonging to the ex-ruler ..... of ceiling on land holdings act, 1960 (for short 'the act'). .....

Kadi Municipality Vs. New Chhotalal Mills Company Ltd.

Court : Gujarat

Reported in : AIR1965Guj293

..... now the proposition no longer be disputed that when a territory is acquired by a sovereign for the first time whether by conquest or by cession following upon treaty, that is an act of state, and where this happens a subject of the ex-sovereign can make good in the municipal courts of the new sovereign only those rights which that sovereign has through his officers recognized and the ..... (2) the learned trial judge before whom the suit came to be tried took the view that the exemption granted under the tharav continued to be in force, even after the merger of baroda state and that the order dated 14th july 1953 in so far as it purported to withdraw that exemption was invalid and that the company was, therefore, entitled to exemption from payment of octroi duty in excess of rs. ..... now the establishing recognition the company contended that the tharav was law made by the baroda state and, being law in force at the date of merger, it was continued by reason of paragraph of the administration of the baroda state order and was further continued by reason of paragraph 3 (iii) of the application of laws order and the exemption granted under it was, therefore, enforceable against ..... 3 (2) of the extra-provincial jurisdiction act, 1947, until the passing of the states merger (governors' provinces) order, 1949, by whichthe territories of the province of bombay. .....