Court : Kolkata
Reported in : (1989)2CALLT379(HC),94CWN233
..... section 553 of the bengal municipal act, as amended by the bengal municipal (amendment) act of 1980 reads as follows :'notwithstanding anything contained in section 552, if, in the opinion of the state government there has been misappropriation of municipal fund on account of the incompetency of the commissioners to perform, or their persistent default in the performance of the duties imposed on them by or under this act or by any other law, or where more than two-thirds of the total number of commissioners holding office for the time being ..... under section 53a of the above act, the state government had the power to appoint an executive officer to any municipality, if a committee is not competent to perform the duties imposed on it or undertaken by it or under this act or any other enactment for the time being in force and the state government considers that the general improvement in the administration of the municipality is likely to be secured by the appointment of the servant of the government as the executive officer of the municipal ..... the learned advocate-general, however, has read out before me all the reports submitted by various officers from time to time in between december 1987 and july 1989 and some letters in connection therewith and submits that these reports and documents clearly show various acts of mis-management, namely, financial mis-management, administrative mis-management and in the order two instances were given which were illustrative and all these .....
Tag this Judgment!Court : Kolkata
Reported in : (1894)ILR21Cal732
..... section 5 is saving the rights of the administrator-general, bengal, 'to section 149 of the probate and administration act it is 'saving clause,' and although the marginal notes are not any part of the act they do, i think, indicate that the object of both sections was to save the existing rights, duties and privileges of the administrator-general and not to prevent him from acquiring any new ones if any such were conferred upon him by the act; but, however, that may be, i am ..... act ii of 1874 is entitled an act to consolidate and amend the law relating to the office and duties of administrator-general ..... act to consolidate and amend the law relating to the office and duties of administrator-general ..... in 1872 a bill was introduced into the council of the governor-general to amend the administrator-general's act of 1867 by the addition of two sections, the objects of which, as stated ..... the report said that the only point which it was necessary to mention was that, inasmuch as the act of 1867 had already been amended twice, the select committee thought it better to repeal the existing acts, and re-enact them so as to have the law conveniently within the compass of a single enactment. ..... more convenient mode of expressing the old law with some amendments, and i find no indication in it of any intention to modify the previously existing law and practice in regard to the manner of dealing with the estates of hindu testators after probate and letters of administration have been obtained. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1967SC1643; 1967(0)BLJR818; [1967]2SCR762
..... in administrator general of bengal v. ..... 13(2) in particular; (v) that for abridging or taking away fundamental rights, a constituent body will have to be convoked; and (vi) that the two impugned acts, namely, the punjab security of land tenures act, 1953 (x of 1953) and the mysore land reforms act, 1961 (x of 1962) as amended by act xiv of 1965 are valid under the constitution not because they are included in schedule 9 of the constitution but because they are protected by art. ..... the petitioners are affected either by the punjab security of land tenures act, 1954 (act x of 1953) or by the mysore land reforms act (act 10 of 1962) as amended by act 14 of 1965 which were added to the 9th schedule of the constitution by the impugned act and their contention is that the impugned act being unconstitutional and invalid, the validity of the two acts by which they are affected cannot be saved. ..... 41 of the bribery amendment act, 1958, provided for the appointment of the personnel of the bribery tribunals by the governor-general on the advice of the minister of justice. ..... both the contentions were rejected by this court by a majority judgment and it was held that the constitution (seventeenth amendment) act amended the fundamental rights solely with the object of assisting the state legislatures to give effect to the socio-economic policy of the party in power and its effect on art. ..... crawford on statutory construction (1940 edition) at p. ..... baxter state bank [1940] 308 u.s. ..... in 1940, hughes, c.j. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1967SC212; 1967CriLJ265; [1966]3SCR830
..... by this act the garo hills were removed from the jurisdiction of the civil, criminal and revenue courts and offices established under the general regulations and acts and the act provided for the administration of justice and collection of revenue ..... (2) the governor may make regulations for the peace and good government of any area in a province which is for the time being an excluded area, or a partially excluded area, and any regulations so made may repeal or amend any act of the federal legislature or of the provincial legislature, or any existing indian law, which is for the time being applicable to the area in question. ..... 2832 dated the 1st september, 1905 the governor-general, with the sanction of his majesty, constituted the province of assam (to which were added certain districts of east bengal) and appointed a lt. ..... with regard to the rules of 1906 it is sufficient to say that the bengal assam laws act 1905 authorised local government by notification to say by what officer any authority or power was to be exercisable and any such notification was to have effect as if enacted in the act itself. ..... bihar and orissa were cut off from bengal and were formed into an independent lt. ..... eastern bengal was reunited with west bengal and assam once again became a separate province with a chief ..... 6 of 1835) and the bengal regulation 10 of 1822, but in this case we are not required to go behind ..... new province was known as eastern bengal and assam. ..... governor of bengal including the naga .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1961Cal125,65CWN213
..... , : [1955]1scr707 , and therefore its acquisition under section 299(2) of the government of india act 1935 by the west bengal amendment act 35 of 1948 without providing for payment of compensation could not have been lawfully passed by the west bengal state legislature. mr. ..... of the particular legislation to uphold the constitutionality of the enactment under part iii of the constitution and, accordingly similar reference and consideration will be permissible to affirm the reasonableness of the restriction in question 'in the interests of the general public' under article 19(6) of the constitution on the off-quoted and approved concept of reasonableness, as laid down in the following words :'the test of reasonableness, wherever prescribed, should be applied to each individual statute impugned and no abstract ..... of vehicles, for implementing and effectuating the said policy and principle, leaving only the details to be worked out by the delegate, the , commissioner of police, who, again, is the head of the city's (including suburbs') police administration, under the useful check and supervision of the state government, whose sanction is a condition precedent to the commissioner's relevant notification or notifications. ..... authorities on personal liberty and restrictions thereupon are not, in my view, appropriate tests for judging the validity of executive or administrative action regulating traffic by prescribing permissible types of vehicles on the road. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1957Cal534,61CWN630
..... administrator-general of ..... by virtue of powers conferred on that legislature by this constitution, the jurisdiction of, and the law administered in, any existing high court, and the respective powers of the judges thereof in relation to the administration of justice in the court, including any power to make rules of court and to regulate the sittings of the court and of members thereof sitting alone or in division courts, shall be the ..... legislature can invest thecourts constituted by it with power and jurisdictionto try every cause or matter that can be dealt withby a court of civil or criminal jurisdiction, and theexpression 'administration of justice' must necessarilyinclude the power to try suits and proceedings of acivil as well as criminal nature irrespective of whoare the parties to the suit or proceeding or what itssubject matter ..... . the provincial legislature therefore is competent under entry 2 to legislate about conferring jurisdiction on courts with respeet to administration of justice, that is to say, general jurisdiction to administer justice by adjudicating on all matters brought before them, except of course, matters excluded expressly or by implication either by an existing law continued in force or ..... and 231 by the constitution (seventh amendment) act 1956 ..... act was the bengal money-lenders' act, 1940, which limited the amount recovered by the money-lender on his loans and interest on them, and prohibited payments of sums larger than what was permitted by the .....
Tag this Judgment!Court : Delhi
..... the secretary to the cabinet, general administration department, gnct of delhi by letter dated 27th july, 2011 intimated that the cabinet vide decision no.1789 dated 25 th july, 2011 had considered the note of divisional commissioner/secretary (revenue) and approved the same as contained in para 9 of the cabinet note relating to the amendment of the court fees act. ..... .904. our attention has been drawn to the rules made by the punjab and haryana high court under section 44 of the arbitration act, 1940 which were published in its notification no.45-r/x-w-5, dated 9th march, ..... the early legislative measures in india on court fees were the madras regulation iii of 1782, the bengal regulation act xxxviii of 1795 and the bombay regulation viii of 1802. ..... court. in other words, to discourage vexatious litigation, the preamble to the bengal regulation of 1795 stated that increased court fees were necessary to drive away unmeritorious ..... .877. the preamble to the bengal regulation act of 1795 stated that the purpose of prescribing higher court fee therein was to drive away vexatious ..... v. state of west bengal; (1955) ilr mad1179 perumal chetti ..... categories. west bengal imposes a ceiling of ..... probate. west bengal and maharashtra also have limits of select ..... 495. it was observed by a constitution bench of supreme court in air1955sc661 bengal immunity .....
Tag this Judgment!Court : Delhi
..... the secretary to the cabinet, general administration department, gnct of delhi by letter dated 27th july, 2011 intimated that the cabinet vide decision no.1789 dated 25 th july, 2011 had considered the note of divisional commissioner/secretary (revenue) and approved the same as contained in para 9 of the cabinet note relating to the amendment of the court fees act. ..... .904. our attention has been drawn to the rules made by the punjab and haryana high court under section 44 of the arbitration act, 1940 which were published in its notification no.45-r/x-w-5, dated 9th march, ..... the early legislative measures in india on court fees were the madras regulation iii of 1782, the bengal regulation act xxxviii of 1795 and the bombay regulation viii of 1802. ..... court. in other words, to discourage vexatious litigation, the preamble to the bengal regulation of 1795 stated that increased court fees were necessary to drive away unmeritorious ..... .877. the preamble to the bengal regulation act of 1795 stated that the purpose of prescribing higher court fee therein was to drive away vexatious ..... v. state of west bengal; (1955) ilr mad1179 perumal chetti ..... categories. west bengal imposes a ceiling of ..... probate. west bengal and maharashtra also have limits of select ..... 495. it was observed by a constitution bench of supreme court in air1955sc661 bengal immunity .....
Tag this Judgment!Court : Mumbai
Reported in : (1949)51BOMLR971
..... administrator general of bengal that the sections of the indian succession act should be construed in the light of the illustrations ..... the administrator general will be entitled to take his costs from the estate to the extent to which they are not otherwise ..... section 115 lias been amended in 1929 by act xxi of 1929, and as a result of the amendment the bequest is void only with respect to those members, and it is valid with respect to the remaining members of the class.15 ..... under the section before the amendment, if a bequest was made to a class and it was inoperative with respect to some members of the class by reason of the provisions of section 113 and section 114, the bequest to a class was wholly void; after the amendment the bequest to a class was void only with respect to those members of the class whose interest was void by reason of the provisions of sections 113 and 114.36 ..... attention has already been drawn to section 115, and illustration (i) to that section, and the amendments that were introduced in them by act xxi of 1922 (supra). ..... (the words in italics were substituted for the words 'wholly void' by the transfer of property (amendment) supplementary act, 1929).11. ..... this amendment was made at the same time as the section was amended, in order to make it harmonise with the ..... ' this amendment was made at the same time as the section was amended and in order to make the illustration conform with the section.section 116 ..... relying on the amended section it was argued before das .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1995SC21; JT1998(4)SC512; 1994(3)SCALE261; (1994)5SCC314; [1994]Supp1SCR322
..... the advocate-general appearing for the state of tamil nadu before the high court relied upon the following entries in list ii and iii, seventh schedule, constitution of india in support of his contention that the tamil nadu legislature was competent to enact section 52-a of the act: -entry 3 list ii (as it was before constitution (forty-second amendment) act, 1976).administration of justice; constitution and organisation of all courts, except the supreme court and the high court; ..... on the finding the learned judge held as under :-in my opinion the bengal public demands recovery act, 1913 may fairly be said to be a law with respect to administration of justice, constitution and organisation of revenue courts and procedure of revenue courts and with respect to land revenue including the collection of land revenue and is well covered by the entries 3 and 45 of the state ..... spoke for the court examined various provisions and the scheme of the bengal act and came to the conclusion that the exercise of the power under the said act truly represented the judicial power of the state. ..... of india : [1964]51itr366(cal) and came to the conclusion that the provisions of the bihar act and of the bengal public demands recovery act, 1913 were almost identical and as such the certificate officer under the bihar act was exercising the judicial powers of the state. ..... of competence of the state legislature to enact the bengal public demands recovery act, 1913 was raised before the calcutta high court. .....
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