Court : Mumbai
Reported in : 2007(4)BomCR784; 2007(5)MhLj454
..... being a scheduled tribe known as halba/halbi which stands recognized both in the state of madhya pradesh as well as in the state of maharashtra having their origin in the chhindwara region, apart of which, on states' reorganization, has come to state of maharashtra, was entitled to the benefit of reservation it is one thing to say that the expression 'in relation to that state' occurring in article 342 of the constitution of india should be ..... the view taken by both the division benches and possibly other benches which has followed the judgments, was a view taken without taking into consideration the state reorganization act, 1956 and bombay state reorganization act, 1960 and as such are per incuriam being judgments passed without considering the provisions of the two central acts.in our opinion, therefore, it is ..... 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 ..... of various elements which constitute the input for specification may not be totally different and the state of maharashtra even after reorganization might have agreed for inclusion of the said tribe halba/halbi as a scheduled tribe in the state of maharashtra having regard .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2007SC2683; 2007(2)BLJR2241; JT2007(9)SC488; 2007(9)SCALE380; (2007)7SCC250; 2008(2)SLJ130(SC)
..... upon by the learned counsel, we find that it related to a question of inter se seniority and this court held that under section 82(6) of the punjab reorganization act, 1966 conditions of service applicable immediately before the appointed day could not be varied to the disadvantage of an officer except with the previous approval of the ..... as it was and that acceptance of individual grievances, unless clear cases are made out, would make it a never ending process and that would not be in the interests of the reorganized states or of the employees and going by this yardstick, the high court was justified in the case on hand in not interfering with the allocation of the appellant to the ..... of bihar and he was the senior-most in the department of mines even in the undivided state of bihar and continues to be so in the reorganized state of bihar and the solitary post of director of mines as on the appointed day, available only in the state of bihar, was within the reach of the appellant and he could not ..... has explained the position as to why the appellant had to be and had been allocated to the reorganized state of bihar and the context in which his option to serve in the state of jharkhand could ..... mines) on the appointed day and since nobody occupied the promotional post of additional director (mines) or the director of mines as on that day, the appellant had to be allocated to the reorganized state of bihar so that he could aspire to get and get his due promotion as the director of mines. .....
Tag this Judgment!Court : Mumbai
Reported in : 2006(2)ALLMR540; 2006(2)MhLj664
..... therefore, the view taken by both the division benches and possibly other benches which has followed the judgments, was a view taken without taking into consideration the state reorganization act, 1956 and bombay state reorganization act, 1960 and as such are per incuriam being judgments passed without considering the provisions of the two central acts.in our opinion, therefore, it is not necessary ..... of maharashtra.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 ..... of this nature the degree of disadvantages of various elements which constitute the input or specification may not be totally different and the state of maharashtra even after reorganization might have agreed for inclusion of the said tribe halba/halbi as a scheduled tribe in the state of maharashtra having regard to the said fact in mind.the issue was not ..... his caste/tribe has been scheduled in respect of that area in any presidential order.the relevant provisions of the constitution of india, the bombay reorganization act, 1960 and the provisions of the scheduled caste and scheduled tribes orders (amdt) act, 1956 as amended from time to time may now be adverted to. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1965Guj87; (1964)10GLR769
..... argument of mr.nanavati is that, even if the law regulating the jurisdiction of the saurashtra high court is crystalized in section 52, the jurisdiction conferred on the high court of bombay by clause 15 of the letters patent is also crystallized under the reorganization act, and that the effect of this crystallization is that litigants from the saurashtra and other transferred areas will have the benefit of that clause along with the litigants from the bombay for ..... court of bombay and applies to similar appeals to the high court in cases from the territories of he former saurashtra state and that, therefore, a certificate of fitness to appeal is necessary in each such case, is based upon section 52 of the reorganization act of 1956 which is as follows:'the high court for a new state have, i respect of any part of the territories in that new state, all such original, appellate and other jurisdiction as, under the law in force ..... under the circumstances, we have come to the conclusion that there is a vital distinction between the jurisdiction of a court and powers exercisable by that court and, when section 52 of the reorganization act that appellate jurisdiction of the high court of bombay for the new state shall in relation to the saurashtra are be the same as the jurisdiction which the saurashtra high court possessed, it means that the .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1972P& H170
..... nevertheless to be germane to the question of reorganization of the state or states with which the enactment deals; (iv) only such amendments of any part of the constitution (other than the first and fourth schedules) can be made by way of 'supplemental, incidental and consequential' provisions ..... such provisions can be made in exercise of the above-mentioned power as are essential to the effective administration of the state or states to be created by the new law and as may be necessary to give effect to the other provisions of the reorganization act; (iii) the amendments to the constitution which can be made in exercise of the above-mentioned power are not restricted to the amendment of the first schedule and the fourth schedule to the constitution, but are ..... which are (a) necessary for the purpose of tiding over some temporary difficulty, or (b) necessary to remove some unsurmountable hurdle which would not allow the desired reorganization of the state to take place effectively unless such amendments are made, or (c) necessary to ensure a smooth continuity of the stream of life, law and order in the successor states. .....
Tag this Judgment!Court : Jharkhand
Reported in : 2005(1)BLJR581; [2005(1)JCR130(Jhr)]
..... is operative throughout the territory of the then existing state of bihar (before creation of new state of jharkhand) and the same is still operative even after creation of the state of jharkhand under the provisions of the bihar reorganization act, 2000, in view of the provisions as contained in section 2(f) read with sections 84 and 91 of the said act, further relief was prayed for quashing the order dated 24.2.2001 (annexure-6) passed by the deputy commissioner, commercial ..... 'it is relevant to notice here that this court and also the supreme court have occasions to interpret sections 84 and 85 and other provisions of bihar reorganization act, 2000 and it has been consistently held that all laws in force immediately before the appointed day i.e. ..... taxes, east circle, ranchi whereby he refused to give benefit on the basis of the aforesaid exemption certificate on the ground of coming into force of the bihar reorganization act, 2000 and bifurcation of the state of jharkhand from the slate of bihar. ..... it has been stated, inter alia, that by virtue of the provisions of the bihar reorganization act, 2000, the state of bihar and the state of jharkhand were bifurcated with effect from 15.11.2000 having separate territorial demarcations and jurisdictions and since thereafter any sale of the finished products of the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1971AP1
..... were guarantied to the telangana personal by providing that those conditions shall not be varied to their disadvantage except with the previous approval of the central government section 116(1) of the states reorganization act provided that every person who was holding or discharging the duties of any post of office in connection with the affairs of an existing state in any area which on 1-11-1956 ..... fell within another existing state, shall quench of the provisions of the states reorganization act such post or office ceased to existing state in that day continue to hold the same post or office in the other existing state in which such area in included on that day ..... to the government servants that were working in the teanganna region and had been allotted to the state of andhra pradesh under the provisions of states reorganization act, were prior to the formation of andhra pradesh, being governed by the hyderabad rules; where-as the personnel working in the andhra region were governed by the rules prevailing ..... pradesh aid the power to make rules affecting the condition of service of he telangana personnel; but those rules `ad to be subservient to section 115 proviso of the states reorganization act, further, the state government has been empowered by sub-section (2) to pass orders regarding the continuance of any particular teleangana personnel in such post which he was occupying .....
Tag this Judgment!Court : Mumbai
Reported in : (1959)ILLJ308Bom
..... but whatever may be urged so far as the notifications issued by the madhya pradesh government before the reorganization are concerned, there can be no doubt that the notification issued by the bombay government on reorganization of the state on 1 november 1956 is perfectly valid. ..... section 122 of the states reorganization act reads as under : 'power to name authorities, etc. ..... 122 of the states reorganization act, have appointed an officer or authority to perform functions exercisable under s. ..... 122 of the states reorganization act to appoint a person or an authority to exercise the functions of the state industrial court under the central provinces and berar act. ..... 122 of the states reorganization act, 1956, issued a notification on 1 november 1956 specifying sri s. h. ..... the objection to the constitution of the court is based on various notifications issued from time to time by the state of madhya pradesh before the reorganization of states and by the state of bombay after the reorganization. ..... on the reorganization of states, the bombay government, acting in exercise of the powers conferred by s. .....
Tag this Judgment!Court : Mumbai
Reported in : (1959)ILLJ572Bom
..... jurisdiction of a high court to any state specified in the first schedule other than the state in which the high court had its principal seat, and it is not disputed that at the date when the states reorganization act was passed, parliament had the power to extend the jurisdiction of the bombay high court, and what is urged by mr. ..... the limited fiction is to treat the orders passed by the nagpur high court before reorganization in matters which are transferred to the high court of bombay as the orders of the high court of bombay. ..... the submission seems to be startling because apart from the provisions of the states reorganization act, the position under the constitution is perfectly clear. ..... then came the states reorganization act and this petition was transferred to the bombay high court under sub-section (2) of s. 59. ..... 230 to extend the jurisdiction of the high court to deal with cases which might arise on the reorganization of the states. ..... 59 of the states reorganization act, and the question arises under the following circumstances. ..... that was rather a curious case where a matter was transferred under a corresponding section of the states reorganization act, s. .....
Tag this Judgment!Court : Mumbai
Reported in : (1959)IILLJ485Bom
..... it is a matter of common knowledge that parliament in its wisdom considered it necessary to reorganize the existing states in india, and to provide for it and other matters connected therewith the states reorganization act was passed by parliament. ..... , the states that existed prior to the reorganization and any other person. ..... the remaining petitioner has directly come to this court after the state reorganization act came into force. ..... 87, 88 and 116 of the state reorganization act, 1956, act xxxvii of 1956, hereinafter called the act. 2. ..... as a result of reorganization, the boundaries of various states changed. .....
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