Court : Madhya Pradesh
Reported in : AIR1977MP116; 1977MPLJ227
..... reorganisation act and the idea of continuing the facility of a high court at places (where) there was a high court before especially in the context of the convenience of the people, has further been demonstrated by parliament in the bombay reorganisation act, 1960 ..... we have already noticed that provisions similar to sub-section (3) of section 51 of the act exist in almost all the letters patent or the acts under which the various high courts have been constituted and in exercise of the power conferred by such provisions it was left to the chief justice with the concurrence of ..... rule by saying: 'the application of this rule of construction has the merit of avoiding any apparent contradiction between a series of statutes dealing with the same subject; it permits the raising of a presumption, in the absence of any context indicating a contrary intention, that the same meaning attaches to the same words in a later statute as ..... of the constitution pertaining to tax matters(3) all petitions under the constitution challenging the vires of any act or statutory instrument, (4) all petitions under the constitution arising out of the orders of the transport authorities, and (5) all petitions under the constitution arising from the revenue districts attached to indore and ..... clear to us that upto 1968 the legal position was that there were temporary benches at gwalior and indore which were dealing with cases arising out of certain districts assigned to them; but that did not in any way, affect .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1963Mys81; ILR1960KAR766
..... if the contention of the appellant resting on the provisions of sections 119 and 120 of the states reorganisation act and paragraph 6 (1) of the mysore adaptation of laws order is sound, then, each of those five laws continued to be in force in the new state of mysore, and each of them had co-existence with the mysore act after its enactment.101. ..... while considering a similar contention as regards the applicability of section 119 of the states reorganisation act to certain provisions governing the jurisdiction and procedure of the hyderabad high court which had ceased to exist from the appointed day it has been observed as follows by chief justice subba rao in air 1958 andh pra 60 at p. ..... in fact as their lordships of the bombay high court have stated while interpreting certain sections of the states reorganisation act and the effects thereof in the case reported in : air1959bom363 :'looking to the aim, scope and the object of the act, in our opinion, the intention of parliament clearly appears to be to provide for a solution of all problems arising out of the states reorganisation. ..... rule 22 of order 41 permits a respondent to support the decree on any of the grounds decided against him in the court below; this right of a respondent is not dependent on his having filed any cross-objections.the same right would be available to a respondent in an ..... on 17-6-1960 in pursuance of the order of reference made on 27-4-1960 by sadasivayya and mir iqbal husain jj. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1986Bom298; 1986(3)BomCR174; 1986MhLJ474
..... turning to the next limb of the argument namely that since the cause of action had arisen in bombay the writ jurisdiction of the high court bench at nagpur stands abridged by reason of the provisions of section 41, bombay reorganisation act, 1960 (act no. ..... said two provisions, namely, section 41, bombay reorganisation act, 1960 (act no. ..... the provisions of section 41, bombay reorganisation act, 1960 (act no ..... for respondent 4 further contended that section 41, bombay reorganisation act, 1960 (act no. ..... 11 of 1960) reads as follows :'41: without prejudice to the provisions of section 51, states reorganisation act, 1956, such judges of the high court at bombay, being not less than three in number, as the chief justice may, from time to time nominate, shall sit at nagpur in order to exercise the jurisdiction and power for the time being vested in that ..... petitions for exercise of powers under articles 226 and 227 of the constitution arising in the judicial districts of akola, amaravati, bhandara, buldana, chandrapur, nagpur, wardha, yavatmal and gadchiroli which lie to the high court of bombay shall be presented to the additional registrar of that high court at nagpur and shall be disposed of by the judges sitting at nagpur: provided that the chief justice may, in his discretion, order that any case arising in ..... d'souza is concerned, the facts iin that case were that the petitioners therein were carrying on business at nagpur and they failed to pay certain amounts under the provident fund. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1982SC1198; 1982(1)SCALE443; (1982)2SCC440; 1982(14)LC368(SC)
..... it is significant that the bombay reorganisation act, 1960 contains no similar provision with regard to the principal seat of the bombay high court. ..... conclusion of ours is reinforced by the opening words of section 41 which provides for the setting up of a permanent bench of the bombay high court at nagpur 'without prejudice to the provisions of section 51 of the states reorganisation act, 35 1956. ..... 6303/81 dated august 27, 1981 issued by the chief justice of the bombay high court in exercise of his powers under sub-section (3) of section 51 of the states reorganisation act, 1956 (act no. ..... that shows that while enacting section 41 for the constitution of a permanent bench at nagpur, parliament accepted the continued existence of section 51 of the act in relation to the bombay high court. ..... being so, the continued existence of the principal seat of the bombay high court at bombay is still governed by sub-section (1) of section 51 of the act. ..... when there is continued existence of sub-section (1) of section 51 of the act in relation to the principal seat of the high court for a new state, a fortiori, there is, to an equal degree, the continued existence of the provisions contained in sub-sections (2) and (3) of section 51 for the establishment of a permanent bench or benches of the high court of a new state by the president or the appointment by the chief justice of the sittings of the judges and division courts of the high court at any ..... these powers continue to exist by reason of part .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1961Guj7; (1960)GLR190
..... court of bombay had that jurisdiction in respect of minors residing within the territories which now form part of the state of gujarat, this court has inherited that jurisdiction by virtue of the provisions of section 30 of the bombay reorganisation act, 1960.3. ..... now section 30 of the bombay reorganisation act, 1960 which has been relied on ..... has contended that prior to the coming into force of the bombay reorganisation act, 1960, the high court of bombay had inherent or general jurisdiction to make an order appointing a guardian of the undivided property of a minor not only in case of minors residing within the town and island of bombay but also in case of minors residing outside the town and island of bombay but within the state of bombay provided they were citizens of india and that since the high ..... such jurisdiction, powers and authority as, under the law in force immediately before the appointed day, are exercisable in respect of that part of the said territories by the high court of bombay'.it is clear from a plain reading of this section that since the high court of bombay had inherent or general jurisdiction to appoint a guardian of the undivided property of a minor who was a member of a joint hindu family and who was residing in the territories now .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1965Guj173
..... desai in support of this submission relied upon section 91 and sections 60 and 61 of the bombay reorganisation act, 1960.section 91 reads as follows: 'where immediately before the appointed day, the state of bombay, is a party to any legal proceeding with respect to any property, rights or liabilities subject to apportionment between the states of maharashtra and gujarat under the act, the state of maharashtra or gujarat which succeeds to, or acquire a hare in, that property or those rights or liabilities by virtue of any provision of this act shall be deemed to be substituted for the ..... on the 1st of may 1960 the states of maharashtra and gujarat came into existence and the bombay reorganisation act, 1960 came on the statute book. ..... under these circumstances the mere fact that it was re-registered and it was given a new number as a special jurisdiction case will not make it a new proceedings and it cannot said that it was not a continuation of the original proceeding that was started by the plaintiff by filling the suit in 1958.it is important to note that on the appointed day under the conclusions that we have reached, it was the liability of the state of ..... our view, the plaintiff cannot complain about any prejudice being done to him because at least to a certain extent it was his responsibility also to see that the process of the court were served on proper parties ..... it may be that under certain set of facts both may become so liable and both may, therefore, be deemed to have been .....
Tag this Judgment!Court : Mumbai
Reported in : 2006(1)ALLMR693; 2006(1)MhLj485; 2006(Supp.)BomCR330
..... nayaka, including cholivala nayaka, kapadia nayaka, mota nayaka and nana nayaka.thus, under this entry, tribe 'naikda' though referred but it is not in relation to district nanded.then came the bombay reorganisation act, 1960 and from 1st may, 1960, maharashtra state was formed by virtue of section 27 of this act. ..... means:such tribes or tribal communities or parts of a group within such tribe, or tribal communities as are deemed under article 342 to be a scheduled tribe for the purpose of this constitution.thus to get benefits under the act or under any statutory provisions sine qua non is that the tribe must be deemed to be tribe, nonetheless it is always permissible for the parliament to make a law either to include or exclude a particular 'tribe' from the list as specified by ..... petition was listed for orders for hearing on interim relief, the learned counsel for the respective parties requested that instead of hearing as to continuation or vacating the interim relief, the petition itself may be disposed of finally. ..... previously existing was retained as it is.then the states reorganisation act, 1956(act no. ..... the constitution (scheduled tribes) order, 1950 came to be amended which was in existence on 1-11-1956.part viia pertains to maharashtra which reads thus:1. ..... this fact, this court has to consider whether the tribe 'naikda' prior to the scheduled caste and scheduled tribes orders (amendment) act, 1976 was included in 1950 or 1956 order as to this part of the then existing state. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1966SC385; [1966]1SCR505
..... under the bombay reorganisation act 11 of 1960 which became operative as from may 1, 1960 two states - maharashtra and gujarat were carved out of the territory of the former state of bombay and the town of ahmedabad was included within the state of gujarat, but bombay act 22 of 1939 continued until it ..... petitioner that in mohammad hussain's case : [1962]2scr659 this court had upheld the validity of provisions in the bombay act 22 of 1939 analogous to sections 5 and 6 of the gujarat act only on the ground that by the bombay act retail trade was not intended to be controlled, whereas under the gujarat act authority is given to control the retail trade also, and on that account the provisions of sections 5 and 6 would be regarded as infringing the fundamental right to carry on trade and business. ..... restrain the state of gujarat from enforcing the gujarat agricultural produce markets act 20 of 1964, on the plea that certain provisions of the act infringe the fundamental freedoms guaranteed to the petitioner under arts. ..... 92 was called upon to deal with the validity of the madras commercial crops markets act 20 of 1933, in that case certain traders had challenged the validity of madras act 20 of 1933 on the ground that the provisions of the act imposed unreasonable restrictions upon their right to do business, and the court on an exhaustive review of the provisions of the act held that the provisions which imposed liability to take out a licence for carrying on trade in 'commercial crops .....
Tag this Judgment!Court : Mumbai
Reported in : 2005(4)ALLMR746; 2006(1)BomCR776; 2006(1)MhLj184
..... the provisions of section 41, bombay reorganisation act, 1960 (act no.11 of 1960) read with rule 127, bombay high court appellate side rules, ..... provisions, namely, section 41, bombay reorganisation act, 1960 (act no.11 of 1960) and the provisions ..... for exercise of powers under articles 226 and 227 of the constitution arising in the judicial districts of ahmednagar, aurangabad, beed, jalgaon, jalna, nanded, osmanabad, parbhani and latur which lie to the high court at bombay shall be presented to the additional registrar at aurangabad and shall be disposed of by the judges sitting at aurangabad: provided that the chief justice may, in his discretion, order that any case or class of ..... respondent is that the cause of action for these writ petitions has not arisen within the territorial jurisdiction of the appellate side of the principal seat of this court at bombay since the properties in respect of which the dispute arises are located within the territorial jurisdiction of the aurangabad bench of this court. ..... down by this court in the aforesaid decision, it must be held in this case that the impact of the order, at least a material part thereof, if the petitions succeed, would certainly be at pune since the decision of the charity commissioner at pune would be set aside. ..... in the writ petitions challenging the order of the joint charity commissioner, pune region, pune, refusing permission to bara imam masjid trust to alienate certain immovable properties for a consideration of about rs. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1963Guj80; (1963)GLR405; (1964)0GLR481
..... the effect of section 87 of the reorganization act is that any law in force immediately before 1st may, 1960, in any territory of the state of bombay would continue to be in force after that date unless otherwise provided by a competent legislature or other competent authority. ..... function in modern tunes also includes, besides execution of laws, such powers as the maintenance of public order, the management of nationalised industry and services, the direction of foreign policy, the conduct of military operations and the provisions or supervision of such services as education, public health, transport and state insurance, (vide halsbury's laws of england, third edition, volume ii, page 187). ..... in article 257 , it is enjoined that the executive power of every state shall be so exercised as to ensure compliance with the laws made by parliament and any existing laws which apply in that state and the union government has been given the right to give such directions to a state as may appear to the government of india to be necessary for that purpose. ..... he issued a notification under section 4 of the act on 1st september, 1560, notifying that about 3200 square yards out of the above plot were needed or were likely to be needed for a certain public purpose. ..... the argument that the presidential function under clause (1) of article 258 is to be exercised in the manner indicated in article 77 , clause (1) is itself a point in controversy we did not permit mr. .....
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