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State of Maharashtra Etc. Vs. Madhavrao Damodar Patilchand and ors. Et ...

Court : Supreme Court of India

Reported in : AIR1968SC1395; (1969)71BOMLR141; 1969MhLJ17(SC); [1968]3SCR712

..... counsel for the appellant is accepted it would mean that for the purposes of the interpretation of the constitution the general clauses act, as originally enacted in 1897, would alone be taken into consideration. ..... unless the context otherwise requires, the general clauses act, 1897, shall, subject to any adaptations and modifications that may be made therein under article 372, apply for the interpretation of this constitution as it applies for the interpretation of an act of the legislature of the dominion of ..... refers to the general clauses act, 1897, in ..... for purposes of education or medical relief, grant the entire land to the public trust) on condition that the landlord, or as the case may be, the public trust lease the land to a farm or corporation described in clause (a) aforesaid, and thereafter, in the case of a landlord (not being a public trust) that he becomes a member of the joint farming society, and in the case of a public trust, that it lease the land to ..... notwithstanding anything contained in section 27, but subject to any rules made in this behalf, for the purpose of so ensuring the continuance of the supply of such raw material to the undertaking, and generally for the full and efficient use of the land for agriculture and its efficient management, the state government - (a) may, if it is in the opinion of that government necessary for the ..... the west bengal land development and planning act, 1948 (west bengal act xxi of 1948), as amended by west bengal act xxix of .....

Kalipada Chowdhury Vs. Union of India (Uoi)

Court : Supreme Court of India

Reported in : AIR1963SC134; [1963(6)FLR393]; (1963)ILLJ303SC; [1963]2SCR904

..... (2) the date to be specified in accordance with clause (3) of section 23 of the general clauses act, 1897 (10 of 1897), as that after which a draft of regulations or rules proposed to be made will be taken under consideration, shall not be less than three months from the date on which the draft of the proposed regulations or rules is published for general information. ..... the question in this petition is whether the regulations so made after consulting the bihar board alone would be valid and in force in the west bengal area so as to sustain a criminal prosecution on the basis of an infringement of the said regulation in respect of a mine in that area. 24 ..... , the central government, when it is constituted the boards, expressly indicated its intention that all the boards, including the board functioning in west bengal, should be consulted, but as the board constituted there was not one constituted legally under the act, the consultation with the said board had become futile. ..... that why the respondents concede that the madhya pradesh and west bengal mining boards could not be said to be validly constituted for the purposes of ..... therefore, hold that regulations in so far as they purport to regulate the mines situate in west bengal have not been validly made under the act inasmuch as a condition precedent imposed by s. ..... have already noticed that it is common ground between the parties that the madhya pradesh mining board and the west bengal minning board which were constituted under s. .....

T.S. Baliah Vs. T.S. Rengachari

Court : Supreme Court of India

Reported in : AIR1969SC701; [1969]72ITR787(SC); [1969]3SCR65

..... west bengal, : [1967]66itr680(sc) in which there is an observation that 'section 6 of the general clauses act will not apply because section 297(2) evidences an intention to the contrary and section 297(2) was meant to provide as far as possible for all contingencies which may arise out of the repeal of the 1922 act'. ..... it was argued on behalf of the appellant that in view of the provisions of section 26 of the general clauses act (act 10 of 1897) the appellant can be prosecuted either under section 52 of the 1922 act or under section 177, indian penal code and not under both the sections at the same time. ..... it follows therefore in the present case that under section 6 of the general clauses act a legal proceeding in respect of an offence committed under the 1922 act may be instituted even after the repeal of the 1922 act by the 1961 act and punishment may be imposed as if therepealing act had not been passed. ..... in other words, 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 in the repealing statute. .....

M/S. Saketh India Limited and Others Vs. M/S. India Securities Limited

Court : Supreme Court of India

Reported in : AIR1999SC1090; 1999(1)ALD(Cri)584; 1999(2)ALLMR(SC)265; 1999(1)ALT(Cri)240; 1999(2)ALT17(SC); I(2006)BC449(SC); 1999(47)BLJR927; (1999)2CALLT70(SC); [1999]96CompCas329(SC);

..... reason for not adopting the rule enunciated in the aforesaid case which is consistently followed and which is adopted in the general clauses act and the limitation act, ordinarily in computing the time, the rule observed is to exclude the first day and to include the last. ..... the same principle is also incorporated in section 9 of general clauses act, 1897 which, inter-alia, provides that in any central act made after the commencement of the general clauses act, it shall be sufficient, for the purpose of excluding the first in a series of days or any other period of time, to use the word 'from', and, for the purpose of including the last in a series of ..... according to the british calendar as defined in the general clauses act, 1897. ..... exceeds the amount arranged to be paid from that account by an agreement made with that bank, such person shall be deemed to have committed an offence and shall, without prejudice to any other provision of this act, be punished with imprisonment for a term which may extend to one year, or with fine which may extend to twice the amount of the cheque, or with both:provided that nothing contained in this section ..... state of west bengal : 1972crilj872 wherein it was held that the rule is well established that where a particular time is given from a certain date within which an act is to be done, the day on that day is to be excluded; the effect of defining period from such a day until such a day within which an act is to be done is to exclude the first day .....

M/S. Saketh India Ltd. Vs M/S. India Securities Ltd

Court : Supreme Court of India

Reported in : 1999(96)CC329; 1999(3)SCC1; 1999(33)CLA1; 1999AIR(SC)1090; 1999(1)CTC631(SC); 1999SCC(Cri)329; 1999(2)AD(SC)361; 1999(2)MAH.L.J739

..... the same principle is also incorporated in section 9 of general clauses act, 1897 which, inter alia, provides that in any central act made after the commencement of the general clauses act, it shall be sufficient, for the purpose of excluding the first in a series of days or any other period of time, to use the word `from', and, for the purpose of including the last in a series of days or any other period ..... there is no reason for not adopting the rule enunciated in the aforesaid case which is consistently followed and which is adopted in the general clauses act and the limitation act. ..... month is to be reckoned according to the british calendar as defined in the general clauses act, 1897. ..... that it exceeds the amount arranged to be paid from that account by an agreement made with that bank, such person shall be deemed to have committed an offence and shall, without prejudice to any other provision of this act, be punished with imprisonment for a term which may extend to one year, or with fine which may extend to twice the amount of the cheque, or with both :provided that nothing contained in this section shall apply ..... state of west bengal, 1972(1) scc 639 wherein it was held that the rule is well established that where a particular time is given from a certain date within which an act is to be done, the day on that day is to be excluded; the effect of defining period from such a day until such a day within which an act is to be done is to exclude the first day and to include the last .....

Renu and ors. Vs. District and Sess.Judge Tishazri and anr

Court : Supreme Court of India

..... , for as per section 16 of general clauses act, 1897 power to appoint includes power to remove/suspend/dismiss. ..... a large number of instances have been pointed out on the basis of the information received under the right to information act, 2005 of cases not only of irregularity but of favouritism also in making such appointments. ..... this court suo motu issued notice to registrar generals of all the high courts and to the states for filing their response mainly on two points viz. ..... copy of the judgment be sent to the registrar general/registrar (administration) of all the high courts by this registry directly and the said officer is requested to place the same before the hon ble chief justice for information and appropriate action. ......................j.(dr. b.s. ..... , air2003sc1029 and registrar general, high court of judicature at madras v. r. ..... the accountant general, assam and nagaland & ors. ..... the equality clause enshrined in article 16 requires that every such appointment be made by an open advertisement as to enable all eligible persons to compete on merit. 15. ..... in state of west bengal & ors. v. ..... (vide: the state of west bengal & anr. v. .....

Gunwantlal Godawat Vs. Union of India Custom and Central Excise Throug ...

Court : Supreme Court of India

..... of this ordinance, the provisions of part xii-a of the defence of india rules, 1962 shall stand repealed and upon such repeal, section 6 of the general clauses act, 1897, shall apply as if the said part were a central act; (2) notwithstanding the repeal made by sub-section (1) but without prejudice to the application of section 6 of the general clauses act, 1897, any notification, order, direction, appointment or declaration made or any notice, licence or certificate issued or permission, authorization or exemption granted or any confiscation ..... adjudged or penalty or fine imposed or any forfeiture ordered or 8 parliament enacted the gold (control) act, 1965 (18 of 65), which was never brought into force (for reasons not known nor necessary to be known for the purpose ..... secretary of state of india in council, 1874 12 bengal lr167 at page 182 18 rule 126p. ..... (2)(ii)18, the first of which stipulated that any person either fails or omits to make any return required under rule 126-i without any reasonable cause or makes a false statement in the return filed 15 the state of west bengal vs. s.k. .....

Third Income-tax Officer, Mangalore Vs. M. Damodar Bhat

Court : Supreme Court of India

Reported in : AIR1969SC408; [1969]71ITR806(SC); [1969]2SCR29

..... section 6 of the general clauses act (10 of 1897) states ..... 6 of the general clauses act will (sic) apply in respect of those matters where parliament had clearly expressed its intention to the contrary by making detailed provisions for similar ..... when any tax, interest, penalty, fine or any other sum is payable in consequence of any order passed under this act, the income-tax officer shall serve upon the assessee a notice of demand in the prescribed form specifying the sum ..... have already observed, there is nothing in the language of section 226(3) of the new act to suggest that the assessee must be in default before a notice under that sub- section ..... for payment of income-tax and super-tax in respect of the year of account ending march 31, 1957 in that case, was a 'debt owed' within the meaning of section 2 of the wealth-tax act and was as such deductible in computing the net wealth. ..... is true that section 220 of the new act deals with the question as to when the tax is payable and when the assessee is deemed to be in default but so far as section 226(3) of the new act is concerned, the question of any default of ..... 297(2)(j) of the new act, for example in a proceeding for recovery of tax and penalty imposed under the old act, it is not required that all the sections of the new act relating to recovery and collection should be literally applied but only such of the sections will apply as are appropriate in the particular case and subject, ..... , west bengal : [1967]66itr680(sc) , in (sic) it .....

Central Bank of India Vs. Vrajlal Kapurchand Gandhi and anr.

Court : Supreme Court of India

Reported in : AIR2003SC3028; 2003(3)ALLMR(SC)1120; 2003(3)CTC238; [2003(3)JCR165(SC)]; JT2003(5)SC549; 2003(5)SCALE271; (2003)6SCC573; 2003(2)LC1350(SC)

..... supreme court, the court shall state a case setting out its opinion and the reasons therefore, and refer the same for the opinion of the high court.explanation - in this section, 'regulation' means any regulation of the bengal, bombay or madras code or regulation as defined in the general clauses act, 1897 (10 of 1897), or in the general clauses act ..... [provided that where the court is satisfied that a case pending before it involves a question as to the validity of any act, ordinance or regulation or of any provision contained in an act, ordinance or regulation, the determination of which is necessary for the disposal of the case, and is of opinion that such act, ordinance, regulation or provision is invalid or inoperative, but has not been so declared by the high court to which that court is subordinate or by the ..... is satisfied that in a case pending before it involves a question as to the validity of any act, ordinance or regulation, or of any provision contained therein;(b) determination of the aforesaid question is necessary for disposal of the case;(c) the court is of the opinion that such act, ordinance or regulation or a provision contained in an act, ordinance or regulation or inoperative;(d) but the concerned act, ordinance or regulation or provision has not been declared invalid or inoperative by the high court to .....

Harkesh Chand Vs. Krishna Gopal Mehta and Ors.

Court : Supreme Court of India

..... this court held that, by virtue of the repealing provision and section 25 of the bombay general clauses act, 1904 which is in pari materia with the provisions of the u.p. ..... after the repeal of the arms act, 1878, the notification dated 19th of march, 1923 issued under the repealed arms act of 1878 would continue in force and would be deemed to have been enacted under the new act by virtue of section 24 of the general clauses act, 1904.29. ..... expounding on the purpose of section 24 of the general clauses act, 1904, the court held:- one may pause here to remember that regulations framed under an act are of the very greatest importance. ..... this court held that though the regulations were a part of the 1923 act for some purposes, but for the purpose of continuity of existence they would not be considered a part of the act:- even though the act is repealed, the regulation will continue to exist, in accordance with the provisions of section 24 of the general clauses act 1904. [4]. ..... this court construed section 24 of the general clauses act 1904, in a similar way in neel alias niranjan majumdar vs ..... expiry on the 30th september, 1948, read as follows:- (4) it shall cease to have effect on the expiry of september 30, 1948, except as respects things done or omitted to be done before the expiration thereof, and section 6 of the united provinces general clauses act, 1904, shall apply upon the expiry of the act as if it had then been repealed by an united provinces act. ..... the state of west bengal[6].. .....