Court : Supreme Court of India
Reported in : AIR1965SC1514; 1965(0)KLT633(SC); [1965]2SCR868
..... ancient monuments preservation act, 1904, in the year 1951 to kerala, as the said act covered the same field occupied by the state act, or at any rate the said regulation was impliedly repealed by the ancient and historical monuments and archaeological sites and remains (declaration of national importance) act, 1951 (act lxxi of 1951) and the ancient and historical monuments and archaeological sites and remains act, 1958 (act xxiv of 1958 ..... necessary to express our opinion on the question whether the definition is comprehensive enough to take in an archaeological site or remains, and whether the acts apply to both ancient monuments strictly so called and to archaeological site or remains. ..... of the learned counsel may be briefly stated thus : the disputed wall is not an ancient monument, but an archaeological site or remains; the said matter is covered by entry 40 of the concurrent list (list iii) of the seventh schedule to the constitution; when act vii of 1904 was extended by part b states (laws) act iii of 1951 to the travancore area, it occupied practically the entire field covered by the state act and, therefore, the latter act was impliedly repeated by the former act. 14. ..... act is the ancient monuments and archaeological sites and remains act, 1958 (act xxiv of 1958) ..... learned counsel for the petitioner call in aid the ancient and historical monuments and archaeological sites and remains (declaration of national importance) act, 1951 (act lxxi of 1951), to sustain his argument. .....
Tag this Judgment!Court : Mumbai
Reported in : 2002(1)BomCR419
..... (2) assuming that there was a breach of 1994 regulations, the said regulations having been repealed and section 6 of the general clauses act being not applicable to the repeal of the aforesaid regulations, and havingregard to the savings clause in the 1997 regulations, pending proceedings are not saved and it can be inferred that the intention of the legislature is that the pending proceedings shall ..... the voting capital of the company/ the acquirer shall either,-- (a) within a period of 3 months from the date of closure of the public offer make an offer to buy out the outstanding shares remaining with the shareholders at the same offer price, which may result in desisting the target company; or (b) undertake the disinvest through an offer for sale or by a fresh issue of capital to the ..... and preserve to a proprietor whose proprietary rights in a mahal or in any portion of it are transferred otherwise than by gift or by exchange between co-sharers in the mahal a right of occupancy in his 'sir' lands, and in the land which he has cultivated continuously for twelve years at the date of the transfer, and that such right of occupancy is by the act secured and preserved to the proprietor, who becomes by a transfer the ex-proprietor, whether he wishes it to be secured and preserved to him or not and notwithstanding any agreement to the contrary between him and ..... remained available and accrued to the vendee despite the repeal of section 27 of the regulations by the ..... (1958)iillj273sc ..... 1958 .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1958SC578; (1961)ILLJ339SC; (1964)ILLJ9SC; [1959]1SCR12
..... of the industry to pay should take into account the elasticity of demand for the product, the possibility of tightening up the organisation so that the industry could pay higher wages without difficulty and the possibility of increase in the efficiency of the lowest paid workers resulting in increase in production considered in conjunction with the elasticity of demand for the product - no doubt against the ..... urged that the decisions of the wage councils in the shape of wage regulation proposals submitted to the minister in great britain under the wage councils act derive their sanction from the orders made by the minister giving effect to these proposals; but for such orders of the minister they would merely remain the determinations of the wage councils and would not acquire any legislative character ..... is thus a mean between the living wage and the minimum wage and even the minimum wage contemplated above is something more than the bare minimum or subsistence wage which would be sufficient to cover the bare physical needs of the worker and his family, a wage which would provide also for the preservation of the efficiency of the worker and for some measure of education, medical requirements and amenities. 75 ..... act, 1955, was repealed ..... . their workmen : (1958)illj1sc : 'it is quite likely that in under-developed countries, where unemployment prevails on a very large scale, unorganised labour may be available on starvation wages, but the employment of labour on starvation ..... [ .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1982SC149; 1981Supp(1)SCC87; [1982]2SCR365
..... long way in preserving judicial independence rather than not according primacy to chief justice of india's advice and permitting the president to act as an arbiter between the divergent views of the two ..... and it was unconstitutional and void and if this complaint be true, and ..... and out of 15 chief justices of high courts who attended the conference, 8 were against the proposal, 6 were in favour and the remaining ..... procedure: that ..... that court to sit and act as a judge of the court, and every such person so requested shall, while so sitting and acting, have all ..... expression in every part ..... states other than their ..... ..... ..... of ..... parties in ..... ..... ..... statement of ..... term, and in ..... burden is threatened and such person ..... a part of our ancient tradition which has produced great judges in the past and judicial independence is prized as a basic value and so natural and inevitable that it has come to be regarded and so ingrained in the life and thought of the people that it is now almost taken for granted and it would ..... statesmen, politicians and jurists right from 1958 to 1981, we are absolutely convinced that the idea of the central government of a uniform policy of transfer of cjs, so that each state has a cj from outside, is a very essential, ..... ..... act, recognised a special interest of persons residing, or concerned with any institution such as a school, temple, mosque etc, located within a distance of 200 yards of the site on which the cinema house is proposed to be constructed and ..... . rae jagatpal singh (1904) .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2004(2)ALD1; 2004(1)ALT659
..... chairperson, to dissolve a gram parishad, mandal parishad or zilla parishad, provisions for delegation of powers, provisions relating to emergency power of the government, commissioner and district collector and powers of review and revision by the government, and the like.part-viii sets out provisions relating to the power of the government to make rules for carrying out the purposes of the act, provisions relating to adjudication of disputes between local authorities and repeal and savings provisions ..... parishads as well as the allowances for attending the meetings of the mandal parishads as well as any other item of expenditure as directed by the government for carrying out the purposes of the act and other expenses as may be necessary for such purpose.zilla parishad :section 198 stipulates that the sources of income of a zilla parishad shall consists of central or state government funds allotted to it; ..... that constitution is deserved to be interpreted in a manner that it does not whittle down powers of the state legislatures and preserves federalism and an interpretation having the effect of making a particular entry, subject to any other entry though not so stated in the entry, deserves to be avoided unless that be the possible interpretation and in deciding the question of legislative competence, constitution is not required to be interpreted with a narrow or pedantic approach ..... remains ..... ancient ..... union of india, : [1958]1scr1052 , the principle relating to validity of rules where they ..... 1958 .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1987All362
..... that section 17(2)(b), (c) and (f) of the act which authorise collection, maintenance and disposal of the religious offerings in the temple and to keep a full and proper account thereof and to have custody of and make suitable arrangement for the preservation and maintenance of all records, jewelleries, valuables, moneys, valuable securities and properties of the temple and to exercise control over the employees of the temple, and take appropriate action against them in cases of breach of ..... sense includes all forms of belief in the existence of superior beings capable of exercising power over the human race, as commonly accepted it means the formal recognition of god, as members of societies and associations, and the term, 'a religious purpose, as used in the constitutional provision exempting from taxation property used for religious purposes, means the use of property by a religious society, or body of persons ..... again installed by the ancestors of the petitioners and other mahants of the temple with due ceremonies prescribed by the hindu shastras at a site near the old vishwanath temple which had been converted ..... one of the ancient religions of orient, ..... math case and it was urged that the ratio laid down was not watered down in ratilal's case : [1954]1scr1055 (supra) or venkataramana case : [1958]1scr895 (supra ..... 1958 ..... 43 of 1958 in the court of civil judge, varanasi for a declaration that he was the sole person duly qualified to manage the affairs of the temple to the exclusion of .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2004(2)ALD445; 2004(2)ALT773
..... thereafter, the ancient monuments and archaeological sites and remains act, 1958 came into effect with the object of providing preservation of ancient and historical monuments and archaeological sites and remains of national importance ..... very object of passing 1958 act is to provide for the preservation of ancient and historical monuments and archaeological sites and remains of national importance for the regulation of archaeological excavations and for the protection of sculptures, carvings and other like objects. ..... 3 of the 1958 act declares that all ancient and historical monuments and archaeological sites and remains which have been declared by the ancient and historical monuments and archaeological sites and remains (declaration of national importance) act, 1951 or by section 126 of the states reorganisation act, 1956 to be of national importance shall be deemed to be ancient and historical monuments or archaeological sites and remains declared to be of national importance for the purpose of this act. ..... the first act to be passed to preserve and protect the ancient and historical monuments is the ancient monuments preservation act, 1904, which provides inter alia for the preservation of the ancient monuments and objects of archaeological, historical of artistic interest ..... though the said act under which charminar is declared as protected monument is repealed, but by virtue of section 3 of 1958 act charminar continued to be ancient and historical monument of national importance .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1975SC2299; 1975(Supp)SCC1; [1976]2SCR347
..... . for purposes other than framing of the constitution, provisions of the government of india act operated until they were repealed and replaced by other relevant ..... . the high court referred to the fact that according to the notification resignation of yashpal kapur had been accepted with effect from january 14, 1971 and observed that the order accepting the resignation was passed on january 25, 1971 and till that order was passed the status of yashpal kapur continued to remain that of a government servant despite the fact that when that order was passed it was given retrospective effect so as to be valid ..... the houses, article 85 which directs that six months shall not inter vene between the two sessions of parliament, article 100(1) which provides that all questions shall be determined by a majority of votes of the members present and voting, article 105 which preserves the powers and privileges of the members of parliament and the counterparts of these articles in regard to state legislatures retain their ..... courts. it is useless to quote passages from ancient texts about the sacredness of the cow in support of the use of the cow as a religious symbol today the use of pictures of this excellent and useful animal is so frequently made today for commercial purposes or purposes other than religious that the representation of a cow and a calf cannot, except in some special and purely religious contexts, be held, to have a ..... the state of andhra pradesh : [1958]1scr1422 .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1989SC714; 1989CriLJ903; JT1989(1)SC21; 1988(2)SCALE42; (1989)1SCC494; [1989]1SCR20; 1989(1)LC340(SC)
..... apart from the directions contained in paragraph 4 of our order dated 18th august, 1988 (reported in : 1989crilj303 ) regarding the stage at which persons falling under section 8-b of the act were to be examined and also what has been observed in paragraph 2 of the said order, we do not find it expedient to lay down any particular rigid procedure to be followed by the committee ..... posed a serious threat to the security of the state, the investigation was undertaken in the interest of self-preservation and this governmental interest outweighed individual rights in an associational privacy which, however real in other circumstances were here tenuous at best ..... ancient origin, and necessary to human society, as stated in libel and slander section 4, and this right is within the constitutional guaranty of personal security as stated in constitutional law section 205, and a person may not be deprived of this right through falsehood and violence without liability for the injury as stated in libel ..... it also tends to incriminate, but at the same time operates as a pardon for the offence, the fact that the disgrace remains no more entitles him to immunity in this case than in the other.40 ..... (1958) 3 law ed 2d 183 relying on the decision in watkins (supra) that the courts must accord co the defendants every right which is guaranteed to defendants in all other criminal cases it was held that one of these guarantees is proof beyond a reasonable doubt that the refusal of the witness was deliberate .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1967SC1643; 1967(0)BLJR818; [1967]2SCR762
..... fundamental rights, makes all the laws infringing the said rights void, preserves only the laws of social control infringing the said rights and expressly confers power on parliament and the president to amend or suspend them in specified circumstances; if the decisions in sankari prasad's case : [1952]1scr89 and sajjan singh's case : [1965]1scr933 , laid down the ..... acts and regulations specified in the ninth schedule nor any of the provisions thereof shall be deemed to be void, or ever to have become, void, on the ground that such act, regulation or provision is inconsistent with, or takes away or abridges any of the rights conferred by, any provisions of this part, and notwithstanding any judgment decree or order of any court or tribunal to the contrary, each of the said acts and regulations shall, subject to the power of any competent legislature to repeal ..... the fundamental rights must remain immutable and any attempt to abridge ..... ancient dogma that the law declared by its courts had a platonic or ideal existence before the act of declaration, in which event, the discredited declaration will be viewed as if it had never been and ..... under ryotwari settlement and any held or let for purposes of agriculture or for purposes ancillary thereto, including waste land, forest land, land for pasture or sites of buildings and other structures occupied by cultivators of land, agricultural labourers and village artisans. ..... 41 of the bribery amendment act, 1958, provided for the appointment .....
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