Court : Allahabad
Reported in : AIR1954All319
..... it is interesting to note that while in canada the houses of legislature cannot enlarge their privileges by any law made by them beyond those enjoyed by the british house of commons, there is no such limitation under section 49 of the commonwealth of australia act on the powers of its parliament, it being presumably open to it either to curtail or enlarge them. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1951All257
..... executive power' is not defined in the constitution; but it is not in dispute that the constitution has been evolved not only from a consideration of the constitutions of other countries, particularly the united states of america and the commonwealth of australia, but that its roots are also to be found in the successive government of india acts and a comparison of the relative provisions with regard to executive authority in the constitution and in the government of india act, 1935, ..... i may on this part quote from dicey's law of the constitution, introduction cxiix; with reference to australia, the author says,'for example, both in the commonwealth of australia and the state' of victoria proceedings against the crown have been assimilated to a large extent to proceedings between ..... the institution of kingship in england and the dominions makes the position different from that of india which is an independent republic it is to be noted that according to the view taken by the australian courts, the commonwealth of australia as also its constituent states are, for certain purposes, deemed to be body politic and corporate. ..... section 92 of the commonwealth of australia act is in the following terms:'on the imposition of uniform duties of customs, trade, commerce, and intercourse among the states, whether by means of internal carriage or ocean navigation, shall ..... regard to article 301 of the indian constitution, which he says is analogous to article 92 of the commonwealth of australia act. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1954All257
..... . the case of 68 comm-w lr 261 (o), was a case where under regulation 54 of the national security (general) regulations, the commonwealth took for an indefinite period exclusive possession of certain property, and it was held that this taking possession of amounted to an acquisition ..... v. the commonwealth of australia', 1936 ac ..... free.''the commonwealth of australia had passed a law; nationalising the banking trade and the validity of this act was challenged on the ground that it contravened the provisions of article 92 of ..... was pointed out by their lordships of the judicial committee of the privy council in the case of the -- 'commonwealth of australia v. ..... lordships of the judicial committee pointed out at page 772 in the case of the -- 'commonwealth of australia v. ..... learned chief justice relied on thedecision of the judicial committee in the case of the -- 'commonwealth of australia v. ..... lordships do not intend to laydown that in no circumstances could the exclusion of competition so as to create a monopoly either in state or commonwealth agency or in some other body, be justified ..... of new south wales (c)', as follows:'.........their lordships do not intend to laydown that in no circumstances cculd the exclusion, of competition so as to create a monopoly either in a state or commonwealth agency, or in some other body, be justified. ..... reliance was placed by the learned counsel bn the case in 1949-2 all er 755 (c), which is a decision by their lordships of the privy council in an appeal from .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1951All674
..... thus section 1, commonwealth of australia constitution act (63 & 64 vict ch. ..... 'the true nature & quality of the legislative power of the commonwealth parliament involves, a part of its content, power to confer law-making powers upon authorities other than parliament itself.the nature of the legislative power of the commonwealth authority is plenary, but it must be possible to predicate of every law passed by the parliament that it is a law with respect to one or other of the specific subject-matters mentioned in sections 51 & 52 of the constitution,'& at p ..... 114) of the victorian stevedoring and general contracting coy's case :'this close relationship between the legislative & executive agencies of the commonwealth must be kept in mind in examining the contention that it is the legislature of the commonwealth, & it alone, which may lawfully exercise legislative power. ..... 121 he said,'on final analysis, therefore, the parliament of the commonwealth is not competent to 'abdicate' its powers of legislation. ..... section 61 vested the executive power of the commonwealth in the queen to be exercised by the governor-general as the queen's representative ..... 12) provided for the legislative power of the commonwealth to be vested in a federal parliament. ..... (as he then was) in the case of commonwealth v. ..... has, within its ambit, full power to frame its laws in any fashion, using any agent, any agency, any machinery that in its wisdom it thinks fit, for the peace, order, & good government of the commonwealth. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1950All11
..... even though the commonwealth of australia is a federal union, claims on the part of western australia to secede from the commonwealth of australia were at one time put forward. ..... to whom, for a transitional period, certain powers of legislation, including the power of making adaptation orders to existing british indian laws, were delegated by the british parliament : see quick and garran's annotated constitution of the australian commonwealth, page 582 ; clement's constitution of canada (edn. 3), p. ..... at the other extreme are australia, united states of america and switzerland in which the federal legislature has been allotted only certain powers the residue remaining vested in the states. ..... there can be no question of the governor-general having any implied powers and it is, therefore, unnecessary to refer to the evolution of the doctrine of implied or inherent powers, whether in the united states of america, australia or canada. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1946All161
..... in view of this provision, it was held that this provision binds the parliament of the commonwealth of australia equally with the states. ..... section 92, commonwealth of australia constitution act, (1900) provides that trade, commerce and intercourse among the states shall be absolutely free. ..... commonwealth of australia (1936) 1936 a.c. ..... it is, however, clear that that was a case concerning the provisions of the constitution act of the australian commonwealth. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1955All468
..... for reasons peculiar to the united states of america and the commonwealth of australia, those states have their specified seats of government at columbia and new south wales respectively, and the mere fact that the constitution of india does not itself lay down where the seat of the ..... in the alternative it is urged that even the government of the union is located everywhere in india, and the position here is different from that in america or australia because, under the constitutions of those countries, the seat of the government of the united states of america is in columbia and that of the commonwealth of australia in new southwales. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1965All420
..... . the learned chief justice observed that a law operating merely as an ex post facto law was not within the power conferred upon the commonwealth parliament of australia by certain provision relied upon, though 'laws validating retrospectively acts of the executive government which at the time when they were done were not authorised by law but were necessary under the rule salus ..... . 432 and 433 that 'in the case, of a legislature of plenary power, such as that of the united kingdom, no question of the validity of such a law can arise' and that 'the legislative power of the commonwealth parliament is not plenary in the sense that its ambit includes any enactment on any subject whatever ..... .'the legislative power of our parliament is similar to that of the commonwealth parliament; it is confined to certain selected matters even though one of them is a residuary matter ..... . 167 that 'the commonwealth parliament could not, of course, reverse a decision of the high court, but could pass a declaratory act prescribing a rule of conduct for the future' 'to attempt the former would be a clear invasion of the judicial sphere ..... .'it is said in 'legislative, executive and judicial powers in australia ' by dr. w .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1965All24; [1964]15STC340(All)
..... federal commr of taxation 70 clr 362.in all these cases the matter for consideration was the meaning and scope of the expression 'imposing taxation' and 'imposition of taxation' used respectively in sections 53 and 55 of the commonwealth of australia act 1900 and they appear to me, therefore, of great instructive value in the interpretation of the words 'imposing or authorising the imposition of a tax' in art. ..... the commonwealth, 12 clr 321 at p. ..... argument that the amendment introduced in section 3-a(1) partook of the nature of a law imposing or authorising the imposition of a tax within the meaning of article 286(3) of the constitution i may say in the words of (sic) of the high court of australia in osborn v. .....
Tag this Judgment!Court : Allahabad
Reported in : 1958CriLJ115
..... reason, it is deemed necessary, in the general interest, to stop totally any trade- or business, it cannot be included in the word 'restriction.the learned chief justice quoted the following observations of lord porter in the privy council case 'commonwealth of australia v. ..... 772 (o):.their lordships do not intend to lay down that in no circumstances could the exclusion of competition so as to create a monopoly either in a state or commonwealth agency, or in some other body, be justified. .....
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