Court : Supreme Court of India
Reported in : AIR2007SC232; 2007CriLJ52; 2006(11)SCALE330
..... , learned senior counsel appearing on behalf of appellant, inter alia, would submit that keeping in view the provisions of the act, the entire prosecution stood vitiated, as the right to be discharged in terms of section 6 of the state act having accrued, keeping in view the provisions of section 6 of the general clauses act, which is in pari materia with section 6 of the assam general clauses act, 1915, his vested or accrued right could not have been taken away. 11. ..... singh, son of pratap singh : 1955crilj254 , this court held:.whenever there is a repeal of an enactment, the consequences laid down in section 6 of the general clauses act will follow unless, as the section itself says, a different intention appears. ..... when act is repealed, section 6 of the assam general clauses act, 1915, subject to just exception shall come into force, which reads as under ..... : [1996]1scr603 , this court held:.it is settled legislative device to employ non obstante clause to suitably alter the pre-existing law consistent with the legislative policy under the new act to provide the remedy for the mischief the legislature felt most acute.words are the skin of the ..... sub-section (5) of section 197 of the said amending act contained a non-obstante clause, which reads as under:(5) notwithstanding anything contained in this code,- (a) where a complaint is made to a court against a public servant belonging to any class or category specified under sub-section (3) alleging that he has committed an offence, the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1956SC285; [1955]2SCR1331
..... , the hon'ble the chief justice of the high court at calcutta, the learned advocate-general of west bengal has appeared before us. ..... referred to as the civil services rules) of the year 1930 as amended from time to time and that the said rules continue to apply, to an officer holding the post which he did, even after the government of india act, 1935, and later the constitution of india of 1950 successively came into force. ..... the appellant before us was the registrar and accountant-general of the high court a calcutta its original side. ..... on the 25th january, 1952, the appellant submitted a petition to the governor of west bengal for cancellation of the above order. ..... dealing with the said proceedings and the said order dated the 3rd september, 1951, purporting to terminate his services and for directions being given to the chief justice to desist from giving effect to or acting in any manner under the said order'. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1990SC104a; (1990)1CALLT25(SC); [1989]3SCR440; 1989(2)LC382(SC)
..... satisfied:(i) the two are inconsistent with each other; (ii) there is some express reference in the later to the earlier enactment.if either of these two conditions is fulfilled, the later law, even though general, would prevail.and submitted that even if, conversely, the provisions of section 80 are held to be a later special law, the principle of implied repeal could not be invoked as there was no ..... persuade it to hold that the new section 80 in chapter vii, constituted a complete and self-contained special law as to the place of suing respecting suits envisaged by that section derogating from the generality of the provisions of section 20 of the cpc or the provisions touching the jurisdiction of the small cause courts and that with the enactment of the new section 80 there was an implied repeal of ..... dated 17.6.1987 of the high court of calcutta in full bench reference 1 of 1983 raise a short and interesting question, of some general importance, whether the choice of the forum for the cognizance of suits envisaged in section 80 of the indian railways act, 1890 (as substituted by section 14 of the indian railways (amendment) act, 1961 (act 39 of 1961) is limited by section 80 itself or whether provisions of section 20 of the cpc, 1908 and section 19 of ..... also emphasised chat section 80 did not contain any words expressly excluding clauses (a) and (b) of section 20, cpc, in so far as ..... 4 of the presidency small cause courts (west bengal amendment) act, 1980 which provides:21a. ..... bengal .....
Tag this Judgment!Court : Supreme Court of India
Reported in : [2007(113)FLR652]; [2008(1)JCR74(SC)]; JT2007(3)SC622; 2007(3)SCALE431; (2007)9SCC179; 2007(3)SLJ413(SC); 2007AIRSCW1950
..... that case, their lordships observed that when express powers have been given to the board in terms of this section it would not be legitimate to resort to general or implied powers under the law of master and servant or under section 16 of the u.p.general clauses act. ..... rao, learned senior counsel for the appellants has strenuously urged before us that when there is general rule which lays down that if persons mentioned in rule 43b (1) are not available then reading along with note (2) appended to rule 43b, appointment can be made from ..... specialibus non derogant, or in other words, ' where there are general words in a later act capable of reasonable and sensible application without extending them to subjects specially dealt with by earlier legislation, you are not to hold that earlier and special legislature indirectly repealed, altered, or derogated from merely by force of such general words, without any indication of a particular intention to do so ..... the bengal ghatwali lands act, 1859 and the courts of wards act, 1870 were considered and their lordships observed that the act of 1859 namely the bengal ghatwali lands act, 1859 was a special act dealing with ghatwali ..... is some express reference in the later to the earlier enactment.if either of these two conditions is fulfilled, the later law, even though general, would prevail.but so far as the present case is concerned, there is no such conflict. ..... was invited to a decision of this court in the bengal immunity company limited v. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1972SC1660; 1972CriLJ1010; (1972)1SCC199; [1972]2SCR434
..... or classes of cases in which, a person may be detained for a period longer than three months under any law providing for preventive detention without obtaining the opinion of an advisory board in accordance with the provisions of sub-clause (a) of clause (4);(b) the maximum period for which any person may in any class or classes of cases be detained under any law providing for preventive detention; and(c) the procedure to be followed by an advisory board in any inquiry under sub ..... to commit, any offence, punishable with death or imprisonment for life or imprisonment for a term extending to seven years or more or any offence under the arms act, 1959 or the explosive substances act, 1908, where the commission of such offence disturbs, or is likely to disturb, public order; or(e) in the case of a person referred to in clauses (a) to (f) of section 110 of the crpc, 1898, committing any offence punishable with imprisonment where the commission of such offence disturbs, or is likely to disturb, public ..... in our opinion, assuming that article 19(1)(d) of the constitution is attracted to the case of preventive detention, restrictions imposed by the act on the fundamental rights of a citizen, who has been detained under the act, to move freely throughout the territory of india, with a view to preventing him from acting in any manner prejudicial to the security of the state of west bengal or maintenance of public order, are clearly in the interest of the general public. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1965SC995
..... up in the petition were that the acquisition 'for , the purpose of the sangha was mala fide,' that there was no compliance with the requirements of sections 40 and 41 of the land acquisition act in that in the agreement with the government of west bengal the clause relating to the benefit to the public by the said acquisition was vague and the benefit to the public provided thereby being illusory the proposed acquisition was a fraud on the statute ..... to maintain, carry on and assist free educational and medical institutions and other charitable societies to help the spread of education and to render help to the infirm, the invalid, the afflicted and the suffering humanity in general, to ameliorate and improve the social and material condition of the people by encouraging home-industry irrespective of their caste and creed, and to create an atmosphere favourable to moral and spiritual growth. ..... we seek to impress that the question whether the government is satisfied that the land was needed for the purpose which falls within clause (aa) of section 40(1), and assented to the acquisition, is a question of fact which must be determined in each case on evidence and no general rule can be laid down. ..... 410-413 of 1964 d/- 13-8-1964: : air1965sc646 was decided not on any general principle, but on the facts and circumstances of the case. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2007SC788; (SCSuppl)2007(2)CHN183; (2007)5MLJ775(SC); 2007(1)SCALE117; (2007)3SCC607; 2007(1)LC0163(SC); 2007AIRSCW489
..... remain unpaid for six months after becoming payable or if any convents on the part of the lessee herein contained shall not be performed/observed or if the demised premises be not used by the lessee for purposes mentioned in clause 2(f) hereof for a continuous period of six months then and in any such event, it shall be lawful for the lessor or the government at any time thereafter to determine the lease and to re-enter upon the demised premises ..... (2) in particular and without prejudice to the generality of the foregoing provisions, the west bengal public land (eviction of unauthorized occupants) act, 1962 shall not be applicable to any premises to which this act applies. ..... . it is well settled that the word 'include' is generally used in interpretation clauses in order to enlarge the meaning of the words or phrases occurring in the body of the statute; and when it is so used those words or phrases must be construed as comprehending, not only such things, as they signify according to their natural import, but also those things which the interpretation clause declares that they shall include ..... it has been urged that the use of the words 'house or an apartment' in clause (1a) of sub-section (2) of section 3 unequivocally shows that the act was intended to apply only to residential buildings and not to a commercial building or an industrial shed which has been leased out for carrying on manufacturing activity. 6. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1975SC506; [1974]97ITR486(SC); (1975)3SCC479; [1975]2SCR605
..... industry.it was claimed on behalf of the association that the business it carried on was in the nature of property held under trust or legal obligation to apply the income for charitable purposes within the meaning of clause (i), sub-section (3) of section 4 of the income-tax act, 1922; the last paragraph of sub-section (3) defines 'charitable purposes' as including relief of the poor, education, medical relief and advancement of any other object of general public utility. ..... found that the primary object of the spinners association was the relief of the poor which was a charitable purpose, that the objects of the said association included the advancement of other purposes of general public utility, and held that as such the income of the spinners' association was exempt under section 4(3)(i). ..... at the instance of the association the tribunal referred the following question to the high court at calcutta under section 66(1) of the income tax act, 1922:whether on the facts and circumstances of the case and on proper construction of the rules and regulations of the association, the tribunal was justified in holding that the income of the association derived ..... these four appeals preferred by the commissioner of income tax, west bengal-ill, calcutta, with certificate granted by the high court under section 66a(2) of the income tax act, 1922 are directed against the judgment of the high court disposing of the reference and relate to the assessment orders made in respect of the aforesaid .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2004(4)ALT38(SC); 2004(3)AWC2377(SC); (SCSuppl)2004(4)CHN171; 98(2004)CLT65(SC); [2004(101)FLR1211]; (2005)1GLR81; [2004(4)JCR150(SC)]; 2004(2)KLT742(SC); 2004(5)SCALE794;
..... the present case are as follows.the state of west bengal passed the west bengal college teachers (security of service) act, 1975 (the security of service act) and west bengal college service commission act, 1978 (the college service commission act). ..... the meaning of articles 25, 26, and 30(1) of the constitution; that the appointment of teachers by the college service commission under the college service commission act and other orders/rules is unconstitutional; that they alone have the right to appoint teachers and enforce discipline amongst them; that therefore they prayed to prohibit the state of west bengal / respondents from enforcing the security of service act and the college service commission ..... pursuant to the college service commission act, the west bengal college service commission (manner of selection of persons for appointment to the posts of teachers including principals) regulations ..... the power of appointment of a teacher in a college or institution affiliated to a university in west bengal became vested in the government appointed college service commission. ..... us is to decide whether the appointment of teachers in an aided institution by the college service commission by restricting the petitioner's right to appointment is a reasonable restriction in the interest of general public or not. ..... of the constitution, the right to establish and maintain an educational institution is subject to the reasonable restrictions imposed by the state in the interest of general public. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1979SC429; [1979(38)FLR337]; 1979LabIC146; (1979)ILLJ156SC; (1979)1SCC477; [1979]2SCR458
..... moreover, according to the principle underlying section 16 of the general clauses act, the expression 'appointment' used in article 16(1) will include termination of or removal from service, also ..... in the alternative, it is submitted that the principle of 'first come and last go' may apply only when there is a general retrenchment and not where there is some special reason for terminating the services of one employee while continuing his juniors in the temporary ..... it is now well settled that the expression 'matters relating to employment used in article 16(1) is not confined to initial matters prior to the act of employment, but comprehends all matters in relation to employment both prior, and subsequent, to the employment which are incidental to the employment and form part of the terms and conditions of such employment, such as, provisions as to ..... the post was non-gazetted class iv as defined in clause (iv) of sub-rule 3 of rule 5 of the mysore civil services (classification control and appeal) rules, ..... executive, no less than the judiciary, is under a general duty to act fairly. ..... state of west bengal : [1975]2scr832 in a government of laws 'there is nothing like unfettered discretion immune from judicial review ..... which would put him in a class apart from his juniors in the same service, a question of unfair discrimination may arise, notwithstanding the fact that in terminating his service, the appointing authority was purporting to act in accordance with the terms of the employment. .....
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