Court : Karnataka
Reported in : AIR1991Kant235; ILR1990KAR2434; 1990(2)KarLJ103
..... 92 of the commonwealth of australia constitution act which is more emphatic than the word 'free' in art. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1962SC1406; [1963]1SCR491
..... laid down the following three propositions : (i) the impugned law, whether fiscal or otherwise, shall directly and immediately restrict traffic across the borders before it could be said to violate the freedom under section 92 of the commonwealth of australia constitution act; (ii) compensatory measures for the purpose of regulating commerce are not restrictions on the said freedom; and (iii) when a question arises whether a fiscal statute amounts to restriction on the said freedom, a careful scrutiny ..... this view is consistent with the principles laid down by the australian high court and the privy council in the context of interpretation of the words 'absolutely free' in section 92 of the commonwealth of australia constitution act, which is more emphatic than the word 'free' in article 301 of our constitution. 48. ..... article 301 of the constitution, so far as its language goes, is fairly modelled on section 92 of the australian commonwealth act, 1900, and numerous decisions of the high court of australia and on appeal, by the privy council, were cited before us to define the content and extent of the freedom en-visaged. ..... , represents adequately the views entertained on the subject of freedom of trade, commerce and intercourse in relation to section 92 of the commonwealth of australia act before our constitution was framed. ..... disputes similar to those which took place in australia in which it was hotly debated whether the commonwealth was bound or not have thus been avoided. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1978Bom119; (1977)79BOMLR499
..... namely by finding out that the act has chosen to enact and the privy council ultimately made the position clear that it was because section 20 of the dried fruits act of south australia operated according to natural meaning of its words to authorise a direct restriction on the manner in which james could dispose of his product by inter-state transaction that it offended against section ..... has relied were made in the context of the contention that was urged by counsel on behalf of the appellants (commonwealth of australia) that the decision of the majority of the high court in that case in relation to section 92 was inconsistent with ..... commonwealth of australia has been wiped out by the observations of lord porter in commonwealth of australia ..... south australia, 40 clr 1 section 20 and the determination of the board and seizure of stock thereunder were challenged on the ground that section 20 was violative of section 92 and the australian high court had unanimously held that the determination by the board fixing the proportion of dried fruits which might be marketed within commonwealth was authorised by section 20, that the same had ..... upon the following observations of lord porter in the privy council decision in commonwealth of australia v. ..... lord porter, as having been well settled by decided cases on section 92 of the australian constitution, in commonwealth of australia v. ..... commonwealth of australia (1936) ac 578 such words, having so significant an impact on a power as important as .....
Tag this Judgment!Court : Chennai
Reported in : AIR1951Mad1015
..... the same acts or omissions were therefore made subject to the penal sanctions of the federal enactment and the somewhat different penal sanctions of the state enactment.when the parliament of the commonwealth and the parliament of a state each legislate upon the same subject and prescribe what the rule of conduct shall be, they make laws which are inconsistent, notwithstanding that the rule ..... another useful case which depends upon the construction of section 109 of the commonwealth of australia act similar to section 107 of the government of india act, 1935, is reported in 'ex parte mclean', 43 ..... questions of repugnancy and inconsistency have arisen in the commonwealth of australia when the point regarding the trenching of one legislative authority over ..... in 'the legislative and executive powers in australia' by wynes at pages 37 and 38 there is a discussion regarding the unconstitutional legislation in the following terms:'the phrase 'unconstitutional', as is well known, bears a different meaning when used with reference to the legislative acts of the respective political communities under a federal system such as that of the commonwealth of australia or the united states of america than when applied to the enactments of a sovereign parliament such as ..... in australia the term has, strictly, a more precise meaning, namely that the legislation is in excess of the powers of the commonwealth or state parliament as the case may be, although it is also used in reference to a breach of .....
Tag this Judgment!Court : Chennai
Reported in : AIR1954Mad621; (1954)IMLJ117
..... it is true as has been said more than once in the high court, that section 92 does not create any new juristic rights, but it does give the citizen of state of commonwealth, as the case may be, the right to ignore, and, if necessary to call on the judicial power to help him to resist, legislative or executive action which offends against the section ..... was observed in -- '28 clr 530 (p)', that the limitations prescribed in section 92 apply only to the states and not to the commonwealth and to some extent this view softened the rigour of the strict construction which had been put on section 92 therein. ..... commonwealth of australia', 1936 ac 578 (r) ) ..... commonwealth of australia' ..... in -- 'commonwealth of australia v. ..... considering the decisions on section 92 of the australian act relied on by the petitioners, it may be noted that under that act, while states have full power to legislate on intra-state commerce, it is the commonwealth alone that has power to make laws in respect of inter-state commerce. ..... the argument on behalf of the petitioners is that this article is based on section 92 of the constitution act of australia which provides that a trade and commerce amongst states shall be 'absolutely free'; that decisions on that section have held that marketing statutes are void as repugnant to it; that in enacting 'that trade, commerce and ..... further attempt in 1944 to amend the constitution so as to enable the commonwealth to pass marketing laws for a period of five years similarly failed. .....
Tag this Judgment!Court : Mumbai
Reported in : (1977)79BOMLR449
..... inter-state transactions of instruments of credit and of title to goods and their inter-state transmission; (d) the integration of inter-state banking transactions with the entire business of the bank to form a system spreading over the commonwealth without regard to state lines; (e) the furtherance of commercial dealings by inter-state traders in goods by performing an indispensable part in such transactions.the question which the australian high court was called upon to decide was posed ..... sustains with respect to the transfer of money or bank credit the greater part of the commerce of the country.branches and agencies of the various private banks are distributed over the commonwealth and there are few towns or centres in which one or more of them is not represented. ..... the decision of the privy council ,in the appeal from the decision in commonwealth of australia v. ..... of rajasthan : [1963]1scr491 , in order to show that tin concept of freedom of inter-state trade, commerce and intercourse as enshrine in the indian constitution is modelled on the provisions of section 92 of the australia constitution and then reliance was placed on the decision of the australian high court in bank of n.s.w. v. ..... complexion of trade, commerce and intercourse among the states.we must read these observations in the light of the earlier statement of the functions of private banking and the role played by private banking in the commercial pattern in australia so far as inter-state trade and commerce was concerned .....
Tag this Judgment!Court : Mumbai
Reported in : (1954)56BOMLR944
..... the original signatories to the convention were germany, austria, belgium, brazil, denmark, spain, prance, great britain and northern ireland, commonwealth of australia, union of south africa, greece, italy, japan, lithuania, lexembourg, norway, holland, poland, roumania, switzerland, czechoslovakia, u. s. ..... facie the notification under sub-section (2) of section 2 of the act meant that there was a single high contracting party in respect of the territories in the british commonwealth, and inasmuch as a party cannot contract with himself, any travel between the territories of one component of the commonwealth may be regarded as inland travel, except when there is an agreed stopping place within the territory subject to the suzereignty, mandate or authority of another power. ..... original convention was signed amongst others by great britain and certain other components of the commonwealth like australia and the union of south africa. ..... ireland and the emperor of india' as a high contracting party must mean that his majesty was the high contracting party qua each of the states, and that all the component states of the commonwealth did not collectively as a single unit become contracting party under the act. ..... :the status of various components of the british empire and commonwealth in relation to the numerous civil aviation conventions cannot be determined by any ..... a community of government governing all the components of the commonwealth or the empire was not a recognised incident of that .....
Tag this Judgment!Court : Chennai
Reported in : AIR1985Mad55
..... as far as australian' constitution is concerned, no decided case of the courts in that country is available, and he opinion of the authors of the book on the constitution of the commonwealth of 'australia' cannot be given any greater weight than what should be treated as paramount in the interests of the nation. ..... many people seem to be rather worried that when a country is declared not to be a foreign, country under the proposed amendment, or the commonwealth agreement, all such people who are inhabitants of those countries would ipso facto acquire all the rights of citizenship which are being conferred by this ' constitution upon the people of this country. ..... ryan 'on the constitution of the commonwealth of australia' which is to the following effect :'the act must be one which clearly establishes allegiance to the foreign country. ..... either the wording, should be changed so as to enable us to retain in the commonwealth, or an assurance be given that the commonwealth countries will not be deemed to be foreign states for the purpose of this article. ..... tyagi, to involve me in any discussion about commonwealth relationship which is a matter which has already been discussed and disposed of in the house, but i would like to tell him that i propose to introduce an amendment to art. ..... i wonder if our adherence to the commonwealth will disqualify any of us, particularly our prime minister who was instrumental in our agreeing to some little adherence to a foreign state like england. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1965Kant170; AIR1965Mys170; (1964)2MysLJ470
..... (93) the british commonwealth countries namely, canada and australia, are dealt with at pages 848 and 849. ..... i do not think that it is necessary to refer to any of the decisions rendered by the australian high court interpreting section 92 of the australian constitution act, 1900, in view of the decision of the privy council in commonwealth of australia v. ..... with reference to australia this is what the encyclopaedia (15) states:'australia. ..... --australia, like canada, has a federal government. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1961SC895; [1960(1)FLR98]; (1961)ILLJ227SC; [1961]3SCR536
..... 43 of the constitution; and so, it would be necessary to enquire whether the wage in question satisfies the tests laid down by the royal commission on the basic wage for the commonwealth of australia which has been endorsed by the fair wages committee's report and broadly approved by this court in the express newspapers' case : (1961)illj339sc . ..... this classification was approved by the royal commission on the basic wage for the commonwealth of australia, and it proceeded through norms and budget enquiries to ascertain what the minimum of comfort level should be. ..... sitting as president of the commonwealth court of conciliation and arbitration, the learned judge posed the question as to what is the model or criterion by which fairness or reasonableness is to be determined, and he answered it by saying that 'a fair and reasonable wage in the case of an unskilled labourer ..... the fair wages committee which made its report in 1949 broadly accepted the view expressed by the royal commission on the basic wage for the common-wealth of australia which we have already cited. .....
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