Court : Chennai
Reported in : AIR1950Mad243
..... territory in officers to be appointed by the lieutenant governor of bengal. the lieutenant governor of bengal was authorised by notification in the calcutta. gazette to determine the time when the act should come into operation in respect of the garo hills. the 9th section of the act empowered the lieutenant governor from time to time by notification ..... in the calcutta gazette to extend the provisions of the act to the jaintia hills, the naga hills and portions of the khasia hills. ..... this delegation of the power to the lieutenant governor to determine the time of the commencement of the act and also to extend its operation to other areas was questioned .....
Tag this Judgment!Court : Chennai
Reported in : AIR1954Mad621; (1954)IMLJ117
..... ' in article 305 therefore includes all laws which had been validly passed and had not been repealed even though they might not have been brought into operation in whole or in part. therefore the act in question is an existing law falling within the purview of article 305 notwithstanding that the notifications in ..... commerce and intercourse among the states is compatible with its absolute freedom, and (2) that section 92 is violated only when a legislative or executive act operates to restrict such trade, commerce and intercourse directly and immediately as distinct from creating some indirect or consequential impediment which may fairly be regarded as remote.' it ..... on the proposal. after considering the suggestions and objections, if any, the government is to issue a notification under section 4 bringing the act into operation in a particular area in respect of one or more of the commercial crops. section 4a provides that the government should establish a market committee for .....
Tag this Judgment!Court : Chennai
Reported in : AIR1954Mad754; (1954)IIMLJ101
..... therefore, incapable of coming to life thereafter; but that it was unenforceable so long as the prohibition under the constitution stood and that when once that prohibition ceased to operate there was no legal impediment to its enforcement. the contention is that the validity of a statute which is within the legislative competence of the state should be determined ..... of the ownership of the land and that it was a right in immoveable property. the nature of this right came in for elaborate consideration by a bencli of the calcutta high court in -- 'province of bengal v. sm. hingul kumari law', air 1948 cal 217 (h). while biswas j. was of the opinion that the right ..... market or for continuing to use a private market. section 117-e(3) provides that"the taluk board, as regards private markets lawfully established at the coming into operation of this act shall, and as regards all other private markets may, at its discretion, grant any licence applied for under this section."thus the act made a .....
Tag this Judgment!Court : Chennai
Reported in : AIR1967Mad372; (1968)IILLJ305Mad
..... by express terms nor by necessary implication were meant to be applied to the government. it was further observed at page 172--"the immunity of government from the operation of certain statutes, and particularly statutes creating offences, is based upon the fundamental concept that the government or its officers cannot be a party to committing a ..... the terms of a license granted by the corporation in this behalf, any of the purpose specified in schedule xix".on 1st july 1952, the corporation of calcutta made an application for summons against the director of rationing and distribution representing the food department of the government of west bengal for the offence of using or ..... its charge. the question further arises whether it is a person. in director of rationing and distribution v. corporation of calcutta, thequestion arose whether the state was a person under s, 386(1)(a) of the calcutta municipal act. sec. 386(1)(a) is in the following terms--"no person shall use or permit to be used .....
Tag this Judgment!Court : Chennai
Reported in : (1968)2MLJ383
..... private forests only for a limited period. it may be noticed that this last mentioned act was passed long after the estates abolition act, it did not exclude from its operation even forests belonging to private owners if the requirements of ' forest' as defined in the act are satisfied. the prime purpose of these temporary enactments was to safeguard forest wealth ..... orderp. ramakrishnan, j.1. these writ petitions deal with connected matters and therefore they were heard together. the petitioners in these writ petitions seek for relief against the operation of the madras preservation of private forests act, 1949 (madras act (xxvii of 1949), which has been extended to certain well-known jagirs on the kalriyan hills, known as jadaya .....
Tag this Judgment!Court : Chennai
Reported in : (1985)2MLJ15
..... ', would be equatable to the usual expression 'without prejudice to the generality of the provisions', anything contained in the later portion is not intended to cut down the operative effect in the preceding portion of the section. as pointed out in om prakash v. union of india : air1971sc771 it is a well established proposition of law that ..... extent of service required in checking them. apart from this aspect, the rapid change which has occasioned in the mode of transport of timber which calls for mobilising patrolling operations in checking; the increase in price of timber per cubit foot, the increase in cost of supervision, as furnished, goes to show that fixation of fee, as ..... were made in 1958, they were framed under section 41 of a pre-constitution enactment, and hence by virtue of article 305, an existing law is saved from the operation of article 301. this aspect is also apposite, as far as 'the rules' are concerned. reference is then made to state of tamil nadu v. hind stone : .....
Tag this Judgment!Court : Chennai
Reported in : (1994)IILLJ665Mad; (1994)IMLJ496
..... the counter-affidavit that the petitioners have been engaged as hired porters and that the petitioners' engagement was only for a temporary period for a specified purpose relating to operational activities of the armed forces. with regard to the writ petition w.p.14320 of 1989 which has been decided by s.ramalingam, j. it is pointed out ..... which are similar in nature as the engineers stores depot which is a defence establishment manufacturing nuts, bolls etc. it is also claimed that the judgment of the calcutta high court, relied on by the petitioner, is not applicable herein. a stand has also been taken that the learned judge while deciding the writ petition in w ..... ramalingam, j. has decided the issue in w.p.no. 14320 of 1989, in favour of the petitioners therein. the affidavit also refers to a decision of the calcutta high court in union of india v. central government industrial tribunal, 1986 lab.i.c. 1269.3. a counter-affidavit has been filed by the second respondent stating that .....
Tag this Judgment!Court : Chennai
Reported in : (1997)IILLJ64Mad
..... were export oriented companies. it is further stated that all the customers had withdrawn the materials and cancelled the pending orders and thereby paralysed the operation and eroded the customer base which was built by continuous efforts by the management. under these circumstances, the management had no other alternative but to ..... the industrial disputes act, 1947, or any other labour laws. even during the conciliation proceedings, the petitioner was reiterating its demands and did not co-operate with the conciliation efforts made by the officers concerned. many conditions put forward by the management were unreasonable, harsh and stringent and, therefore, the staff ..... chemicals from customers for the purpose of job work, i.e., processing wet blue into finished leather, crust into finished leather involving chemical and mechanical operations. this processing is done only on customers' materials to their order and requirement and not on petitioner-company's own purchases to process the same .....
Tag this Judgment!Court : Chennai
Reported in : 1998(2)CTC426; (2001)3MLJ178
..... appellants are all dealing with 'agriculture' and the fisheries. from those texts, it may be noted that what are the basic requirements for the agricultural operations and for maintaining fish farm. as already stated merely because the basic requirements except tilling of the land are almost similar, the fish farming cannot be ..... electricity charges. the state government, as a policy, in order to benefit those farmers who are exclusively earning their livelihood from out of the agricultural operations and are meeting out certain difficulties in marketing their products and unable to get the reasonable price for their products has granted exemption from the electricity ..... ' carried it in the nature of the product raised, viz., of its being fit for consumption by man or by beast; and(iii) whether such operation would include pasturing of animals on the landand the allied pursuits of rearing, feeding and management of livestockand also include husbandry, farming, horticulture etc., and making .....
Tag this Judgment!Court : Chennai
Reported in : [2000(87)FLR73]; (2000)IILLJ1264Mad
..... into account the financial position of any class of establishments or other circumstances of the case and then grant exemption, either prospectively or retrospectively, from the operation of the provisions of the act to that class of establishments. though the expression 'establishments' is not defined under the provisions of the provident funds act ..... a class of establishments and not to an individual establishment. in the view i have taken, it is not necessary to consider the decision of the calcutta high court in visva bharati v. regional provident fund commissioner, (supra). moreover, the exemption contemplated under section 16(2) of the provident funds act ..... to individual establishment also, the power to grant exemption is available to the central government. learned counsel in this connection referred to a decision of the calcutta high court in the case of visva bharati v. regional provident fund commissioner, : (1983)illj332cal . learned counsel also referred to a decision of this .....
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