Court : Karnataka
Reported in : AIR1958Kant184; AIR1958Mys184; (1958)36MysLJ150
..... material sections of the states reorganisation act, 1956 are as follows :'section 116:every person who immediately before the appointed day is holding or discharging the duties of any post or office in connection with the affairs of the union or of an existing state in any area which on that day falls within another existing state or a new state or a union territory shall, except where by virtue or in consequence of the provisions of this act such post or office ceases to exist on that day, continue to ..... to appoint the joint judges and the assistant judges to hold inquiries what is meant, in my opinion, is that all persons who are joint judges and assistant judges in any district in the state of bombay are appointed to hold inquiries into such cases.that being so, i am of the opinion that by the notification all the persons who hold the posts of the joint judges and of assistant judges on the ..... the learned advocate for the petitioner referred us to certain articles of the constitution for the purpose of ascertaining the realmeaning of the expression 'having the force of law';from those articles no ..... or taking them into account as valid;it also appears that the petitioner in his petition before the district judge has inter alia alleged that the votes of certain persons who were dead including vote no. ..... it was also alleged that certain votes of persons who were already dead at the time when the election took place, were recorded in the said election and the petitioner before us .....
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' ..... was a provision, however, giving such people option either of taking terminal benefits such as compensation, pension, or gratuity to which they may be entitled under the rules applicable to them or of continuing as from the 1st july 1961 in the service of the maharashtra state road transport corporation. ..... december 31, 1956 an order was made by the central government under the provisions of this section approving a scheme for reorganisation submitted by the government of bombay. ..... section 47a which was introduced by the amending act provides for the reconstitution, reorganisation and dissolution of the corporations established under ..... on the other hand, the state of bombay gained the marathewada from the state of hyderabad and the vidharbha area from the state of madhya pradesh and certain other areas from the then existing state of saurashtra and the state of kutch ..... 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 ..... that section is in these words :- .....
Tag this Judgment!Court : Mumbai
Reported in : AIR2000Bom211; 2000(2)ALLMR48; 2000(2)BomCR556
..... 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. ..... the defendants have annexed the map of state of gujarat marked annexure 'a', map of kutch district published by the roads & buildings division annexure 'b', gazette notification issued by the government of gujarat in exercise of its powers under section 7 of the bombay land revenue code along with english translation of relevant extract, marked annexure c, the notification extending indian ports act, 1908 to the port of kandla with effect from april 1, 1950 marked annexure 'd' and the certificate by the ..... i am afraid, in view of clear and categorical admission made by the plaintiffs through their constitutedattorney in their affidavit in reply to the notice of motion, the plaintiffs now cannot be permitted to withdraw from the admission and set up a different case that port of kandla is not within the district of kutch in the state of gujarat ..... . article 372 provides for continuance in force of existing laws and their adaptation until altered or repealed or amended by the competent legislature or .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1998KAR1532; 1998(2)KarLJ621
..... the only 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. ..... a purely temporary provision which because of compelling forces justified differential treatment when the reorganisation act was enacted cannot obviously be permitted to assume permanency, so as to perpetuate that treatment without a rational basis to support it after the initial expediency and necessity have disappeared. ..... that is precisely how the bombay karnataka areas of the state of karnataka are even now being governed by the bombay public trusts act as it existed on the date of reorganisation. ..... section 25 of the act, however, empowers the state government to take over the management of any maths in certain situations which are by their very nature exceptional in character. ..... maths under the mysore religious and charitable institutions act, 1927 are in fact exempted from the application of the provisions of the act except in certain situations which give such institutions working in the old mysore areas considerable independence and freedom of management and control of its religious and other affairs.6. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1974MPLJ691; [1974]34STC504(MP)
..... 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 with the relevant provisions of this act ..... as a result of the states reorganisation act, the then existing state of madhya pradesh was divided into two parts. ..... 915 it was not noticed that if the words 'any period' in section 11(5) are construed to mean a continuous period and not a quarter or quarters taken separately it will give rise to discrimination between unregistered dealers proceeded against under this section and those proceeded under section 11-a. ..... 915 to the definitions of turnover and taxable turnover and section 5 of the act, which show that the tax is levied on a dealer on his taxable turnover which means the turnover calculated after making certain deductions for a 'prescribed period', i.e. ..... [1960] u s.t.c. ..... the 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
..... 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 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. ..... 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. ..... petitioners' case is that they were governed by the aforesaid recruitment and examination rules and as they have passed the sub-service departmental examination and have put more than four years of continuous service in the cadre of clerk/surveyor, they were eligible for promotion to the post of head surveyor/headquarters assistant/ head clerk having pay scale of rs. ..... -700 on the strength of passing the sub-service departmental examination and having put in more than four years' continuous service, remains unaltered. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1992Bom435; 1992(3)BomCR494; (1992)94BOMLR984
..... 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 ..... decision in narottamdas's case (supra) it is clear that special jurisdiction was referable to entry 53 in list i, entry 2 in list ii and entry 15 in list iii of viith schedule of government of india act, 1935 for two reasons : firstly, said entries were with respect to specific matters in the respective lists and, therefore, it was construed to be dealing with special jurisdiction, whereas entry 1 in list ii did ..... department, dated 10-4-1992 and urged that the state government has made sufficient budgetary provisions for providing infra-structures and it will continue to do the same in future also. ..... intervenors in favour of and against the constitutionality of the impugned act and impugned notification filed their applications and we permitted them to intervene in the matter and put forth their view ..... the peculiar circumstances which are existing in bombay, in our opinion, it would not be in the interest of administration of justice as also in the interest of litigants or the institution to rush through in such a haste and implement the impugned act by impugned notification dated 20th ..... 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 .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1962Guj128; (1962)0GLR269
..... the high court of saurashtra and the highest court in kutch would be preserved as law in force in the territories 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 ..... 1960. by part ii of the states reorganisation act, 1956, various new states were brought into ..... judicial precedents in the loose sense prevails perhaps jn all legal systems 'for it is a natural practice of the human mind, whether legal or non-legal, to accept the same pattern in similar or analogous cases'.the doctrine of judicial precedents as it exists in the english and the indian systems of administration of justice, however, attaches an absolute binding character to individual precedent and obliges a court to follow individual precedent in a subsequent case even though the court may be convinced ..... law. it is an inclusive and not an exhaustive definition and it does not circumscribe the plain and grammatical meaning of the term 'law' but merely brings within the meaning of that term certain specifically enumerated items so that no agitation can be permitted whether they are or are not within the meaning of that .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1965Guj234a
..... he strongly relied upon the provisions of section 81(1) of the bombay reorganisation act, 1960, whereunder a provision has been made for the provisional allocation of certain persons to serve in connection with the affairs of the state of gujarat. ..... it was agreed that in determining relative seniority as between two persons holding posts declared equivalent to each other, and drawn from different state, the following points should be taken into account: -- (i) length of continuous service, whether temporary or permanent, in a particular grade, this should exclude periods for which an appointment is held in a purely stop-gap or fortuitous arrangements; (ii) age of the person, other factors being equal for instance, seniority may be determined on the basis of ..... (i) as from the appointed day, there shall be formed a new part a state to be knows as the state of bombay comprising of the following territories, namely: (a) the territories of the existing state of bombay, excluding : (i) bijapur, dharwar and kanara districts and belgaum districts except chandgad taluka, and (ii) abu road taluka of banaskantha district; (b) aurangabad,parbhani, bhir, and osmanabad districts, ahmadpur,nilanga and idgir talukas of bidar district, nanded district (except bichokonda and jukkal circles of deglur taluk .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1971SC300; (1970)GLR985; (1969)3SCC813; [1970]2SCR434
..... on may 1, 1960 under the bombay reorganisation act 1960, the appeal ..... the law in force immediately before the appointed day, is exercisable in respect of that part of the said territories by any high court or judicial commissioner's co'urt for an existing state.by section 54 it was provided :subject to the provisions of this part, the law in force immediately before the appointed day with respect to practice and procedure in the high court for the corresponding state shall, with the necessary modifications ..... appeal filed by the respondents in the high court of saurashtra against the judgment of the assistant judge, was and continued to remain subject to the provisions of section 22a of saurashtra ordinance 2 of 1948 and an appeal could lie against the decision of vyas j. ..... appointed day, the high courts of all the existing part b states (with certain exceptions not material) were to cease to function and were abolished.by section 52 was provided :the high court for a new state shall have, in respect of any part of the territories included in that new state, all such original, appellate ..... by ordinance 5 of 1950 section 22a was added : it was provided thereby :(1) except as otherwise provided by any enactment for the time being in force, an appeal from any original decree, or from any order against which an appeal is permitted by any law for the time being in force, or from any order under article 226 of the constitution of india, made by a single judge of the high court, shall lie to .....
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