Court : Karnataka
Reported in : AIR1958Kant184; AIR1958Mys184; (1958)36MysLJ150
..... judged by this standard, i find no difficulty in holding that the notification in question has the force of law inasmuch as the same can be enforced in a court of justice if and when occasion arose for enforcing it.i therefore hold that the case comes under section 119 of the states reorganisation act, 1956 and that being so, the notification which was in force immediately before the appointed day would still apply to that part of the state of mysore which before its integration ..... of the states reorganisation act, 1953, which as i have mentioned, provides that every person who immediately before the appointed day is holding or discharging the duties of any post or office, shall be deemed as from that date to have been duly appointed to such post or office by the government or other appropriate authority in such state.the learned advocate however, contended that the duties and functions which are mentioned in sub-section 2 of section 22 of the bombay district municipal act, 1901, are ..... by him on the basis of the provisions contained in section 122 of the states reorganisation act, 1956 that, in the first instance, it was necessary for the state government as respects any new state or any transferred territory, to specify by notification, the authority, officer or person who, as front the appointed day, shall be competent to exercise such functions exercisable under any law in force on that day as may be mentioned in that notification and such law shall have effect accordingly .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(4)BomCR784; 2007(5)MhLj454
..... observe as under:the effect would be that when the presidential notification of 1950 was issued on 10.8.1950, the notified scheduled castes and schedules tribes in those states before the state reorganization act, 1956 and the bombay state reorganization act, 1960, though they may not be resident in the localities within the state of maharashtra on 1.11.1956 or 1.5.1960, shall be entitled to claim benefits in the state of maharashtra even though on the cut off dates, they were residents ..... day, the constitution (scheduled tribes) order, 1950, shall stand amended as directed in the eighth schedule.in paragraph 9 the bench then observed as under:we may now consider sections 26 and 27 and also the viith and viiith schedules to the bombay reorganization act, 1960-. ..... balanced in the mosaic of the country's integrity that no section or community should cause detriment or discontentment to other community or part of community or section. ..... persons residing on the date of presidential notification in different parts of the same erstwhile state, which upon reorganisation became parts of different states. ..... scheduled castes and scheduled tribes say of maharashtra in the instant case, do require protection in the state of maharashtra, which will have to be in balance to other ..... thus, balancing must be done as between those who need protection and those who need ..... scheduled castes and scheduled tribes say of andhra pradesh do require necessary protection as balanced between other communities .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1964SC1690; (1964)66BOMLR698; [1964(9)FLR324]; (1964)IILLJ639SC; 1965MhLJ73(SC); [1964]7SCR639
..... 77 of the bombay reorganisation act, 1960 (11 of 1960) to determine or vary after the appointed day, the conditions of service of any person who is continued in the service of the corporation'. ..... 77 of the bombay reorganisation act, but it held that the proviso was severable and its illegality did not affect the working of the scheme. ..... by this scheme those areas in which the bombay state road transport corporation had been operating but were transferred under the state reorganisation act to the states of mysore and rajasthan were excluded from the area of the operation of the bombay state road transport corporation. ..... three road transport corporations established under the road transport corporation act, 1950 were operating in the states of bombay, madhya pradesh and hyderabad in 1956 when the states reorganisation act, 1956 was enacted. ..... section 47a which was introduced by the amending act provides for the reconstitution, reorganisation and dissolution of the corporations established under s. ..... that section contained a provision that on transfer or re-employment of any workman in consequence of reconstitution, reorganisation, amalgamation or dissolution by any body corporate, cooperative society or any commercial undertaking or industrial undertaking the terms and conditions of service applicable to the workman after such transfer or re-employment shall not be less favourable to the workman than those applicable to him immediately before the transfer of reemployment. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR2000Bom211; 2000(2)ALLMR48; 2000(2)BomCR556
..... the new state of bombay which was formed under section 8 of the act of 1956 was further reorganised under the bombay reorganisation act, 1960 whereby the new state of gujarat was formed under section 3 of the act of 1960 comprising of the area specified therein and residuary state came to be known as the state of maharashtra. ..... question arising anywhere in india; since late arvind died on board the 1st defendant vessel at the port of kandla within india, the bombay high court would have jurisdiction to entertain, try and dispose of the suit; and that powers of bombay high court with respect to area of gujarat have not been taken away nor can it be said that bombay high court is divested of its admiralty jurisdiction with respect to area of state of gujarat by virtue of provisions of the bombay reorganisation act, 1960. ..... it is thus submitted by the defendants that on and from coming into effect of bombay reorganisation act, 1960, the bombay high court has no jurisdiction to exercise any judicial power in respect of kandla port which is part of kutch district in the state of gujarat.4. ..... by the enactment of bombay reorganisation act, 1960 which came into force from may 1, 1960, there was a bifurcation of bigger bilingual state and kutch district became part of the new state of gujarat. ..... the bank guarantee submitted by the defendants pursuant to the order passed by this court on 12-3-97 shall stand discharged after eight weeks from today.31. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1998KAR1532; 1998(2)KarLJ621
..... reason for the continued application of these laws which are in many respects different from each other is the philosophy underlying the provisions of section 119 of the states reorganisation act, which as noticed earlier was a transitory provision meant to bridge the gap between the reorganisation and the process of unification of the laws to be undertaken by the legislatures of the states concerned in due course.5. ..... the continued application of such laws would shake the very foundation of their constitutionality, the foundation being section 119 of the states reorganisation act, which was meant to serve the limited purpose of giving reasonable time to the new units to consider the special circumstances obtaining in respect of diverse regions ..... consequent upon the enactment of the states reorganisation act, state of mysore-now the state of karnataka was carved out as an independent administrative unit comprising the following:(1) areas included in the erstwhile princely state of mysore;(2) areas from the erstwhile state of hyderabad presently known as the hyderabad karnataka areas;(3) areas from the erstwhile madras presidency;(4) bombay karnataka areas that formed part of the state of bombay before reorganisation; and(5) areas comprising the state of coorg, ..... v of the act, the trustees are obliged to keep regular accounts in such form as may be approved by the charity commissioner and to balance the same and get them audited annually in terms of sections 32 and 33 of the act. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1974MPLJ691; [1974]34STC504(MP)
..... section 11-c inserted by the government of madhya pradesh and the corresponding section 13-a inserted by the government of bombay in the central provinces sales tax act must, therefore, be construed consistent with the right of a successor state to recover arrears of tax conferred by section 78 of the states reorganisation act ..... place of business before 1st november, 1956, was situated at nagpur and the sales tax officer, nagpur, was then the appropriate sales tax officer for him and, therefore, the place of assessment within the meaning of section 78 of the states reorganisation act must be held to be nagpur and the state of maharashtra mast be held to be the successor state under that section having jurisdiction to assess and recover the sales tax due for any period prior to 1st november ..... similarly, the government of bombay, by an adaptation order, inserted in the central provinces sales tax act a new section 13-a, which is as under:where the amount of the tax due from a dealer for any period prior to the 1st day of november, 1956, has not been assessed or any turnover has escaped assessment then notwithstanding the reorganisation of states under the states reorganisation act, 1956, it shall be competent to the commissioner to assess or reassess the amount of tax due in accordance ..... [1960] ..... petitioner by this petition under article 226 of the constitution seeks to challenge an order of assessment of sales tax passed by the sales tax officer, chhindwara circle, on 23rd april, 1960. .....
Tag this Judgment!Court : Gujarat
Reported in : (1997)2GLR1530
..... they have further been advised either to revise the rules or to take appropriate action to get the approval of the rules framed by the central government as required under section 115 of the state reorganisation act, 1956 or section 81 of the bombay reorganisation act, 1960, and as such denial of the claim of petitioners for promotion is illegal, arbitrary and discriminatory.6. ..... the matter has been considered by this court in the case of similar situated persons in 1970s and it has been held that the service conditions of the allocated employees cannot be changed to their disadvantage without prior approval of the central government under the provisions of section 115 of the state reorganisation act, 1956 and section 81 of the bombay reorganisation act, 1960. ..... the petitioners have come up with the case that even under the provision of section 81(1) of the bombay reorganisation act, 1960, their service conditions were protected though change therein could have been there only with prior approval of the central ..... in view of the amending provisions of the bombay reorganisation act, the right of the petitioners for being considered for promotion in the cadre carrying pay scale of ..... grievance of the petitioners is that during the services under the state of bombay, it was not open for the state of bombay to vary the service conditions of the petitioners to their disadvantage without previous approval of the central government under the provisions of the state reorganisation act, 1956. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1992Bom435; 1992(3)BomCR494; (1992)94BOMLR984
..... part v of the state reorganisation act, 1956 (xxxvii of 1956), did it for certain new and reorganised states and part iv of the bombay reorganisation act, 1960 (xi of 1950) constituted and established a new high court for the state of gujarat created by the said act. ..... two questions were raised in the said appeal before the supreme court : (1) whether the city civil court act was ultra vires the legislature of the province of bombay in so far as it dealt with the jurisdiction and powers of the high court and city civil court with respect to matters in list i of seventh schedule, govt. ..... 3 the state government may by notification in the official gazette, invest the city court with jurisdiction to receive, try and dispose of all suits and other proceedings of a civil nature arising within the greater bombay and of such value not exceeding twenty-five thousand rupees as may be specified in the notification. 12. ..... of india act, 1935; and (2) whether section 4 of the act was void as it purported to delegate to the provincial government legislative authority in the matter of investing the city civil court with extended jurisdiction. 15. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1962Guj128; (1962)0GLR269
..... of the former states of saurashtra and kutch by virtue of the provisions of section 119 of the states reorganisation act, 1956, and the same would continue in operation in the said territories as law in force under the provisions, cf section 87 of the bombay reorganisation act, 1960, unless the same were lawfully set aside or had ceased to operate by reason of legislative changes effected between 1st november 1956, when the state of bombay was reorganised and 1st may 1960, when the state of bombay was bifurcated and the state of gujarat was constituted ..... the doctrine of judicial precedents as it prevails in india achieves a certain amount of balance between the opposing points of view and without sacrificing the merit of certainty if removes to a large ex-tent the vice of rigidity in law. ..... article 372 of the constitution of india also contains the same words and they have been interpreted in the same manner by the high court of bombay in bank of india v. ..... it is true that the high court of gujarat does exercise original jurisdiction in some matters, such as, a few matters arising under the indian companies act and under the banking laws. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1965Guj234a
..... as i shall presently point out when dealing with the arguments on merits, equation of posts and appointment to posts could not be regarded as conditions of services within the meaning of that expression as used in section 81(6) of the bombay reorganisation act, 1960, or section 115(7) of the present act and the resolution dated 1st april 1960 could not, therefore, be said to have laid down any conditions of service. ..... by an order passed by the central government on 28th of april 1960, in exercise of the powers conferred by sub-section (1) of section 81 of the bombay reorganisation act, 1960, the central government required all persons who, immediately before the appointed day, were serving in connection with the affairs of the state of bombay in the territories specified in clauses (a) and (b) of sub-section (1) of section 3 of the said act, to serve provisionally as from the appointed day in connection with the affairs of the state of gujarat. ..... mr.j.r.nanavaty drew the attention of the court to the provisions of sections 81(6) of the bombay reorganisation act, 1960, and urged that under the proviso to section 81(6), the conditions of service applicable immediately before 1st may 1960 to the case of any person provisionally or finally allotted to the state of maharashtra or gujarat could not be varied to his disadvantage to except the previous approval of the central government. .....
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