Court : Gujarat
Reported in : AIR1974Guj31; (1973)GLR10
..... were construed as prohibitory and not regulatory and were struck down because they were ultra vires section 37 of the mysore forest act, 1900 and article 301 and were not saved by article 304(b). ..... of rajasthan, air 1966 sc 764 it has been laid down that, in case of laws to which article 255 applies the assent of the president given even after the act has been passed, serves to cure the in firmity arising from the initial non compliance with the provisions of article 304(b). ..... section 92 of the commonwealth of australia constitution act, 1900 is similar to article 301 of our constitution ..... ' section 8 lays down important guidelines in the matter of administering the provisions of the act and states as follows:- 'any authority or person acting in pursuance of this act shall interfere with the ordinary avocations of life and the enjoyment of property as little as may be consonant with the general interest of the ..... nanavati in making good his contention because in exercise of the powers conferred by section 37 of the mysore forest act, the government of mysore had framed rules to regulate the transit of timber, firewood, charcoal and bamboos from all ..... it furnishes an important guideline to the permit issuing authority, who is required while implementing the provisions of the act, to interfere with ordinary avocation of life and enjoyment of property as little as mar be consistent with the general interest of the ..... upon the decision of the supreme court in the corporation of calcutta v. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : [1979]49CompCas419(SC); (1979)2SCC529; [1979]2SCR1038
..... 868-869 of the report :where the provisions of an act are incorporated by reference in a later act the repeal of the earlier act has, in general, no effect upon the construction or effect of the act in which its provisions have been incorporated.x x xin the circumstances, therefore, the repeal of the punjab alienation of land act of 1900 has no effect on the continued operation of the pre-emption act and the expression 'agricultural land' in the latter act has to be read as if the definition in the alienation ..... actual facts to which it was sought to be applied and extraneous evidence in regard to those facts for explaining 'the nature of the special agreement for restricting or distribution of areas' was, therefore, admissible under section 92, clause 6 of the evidence act, but in the hindustan lever case the meaning of the impugned clauses was plain and certain and the principle of section 92, clause 6 was clearly inapplicable to let in extraneous evidence and hence no oral evidence ..... the judicial committee pointed out in this case that the provisions of the land acquisition act, 1894 having been incorporated in the calcutta improvement trust act, 1911 and become an integral part of it, the subsequent amendment of the land acquisition act, 1894 by the addition of sub-section (2) in section 26 had no effect on the calcutta land improvement trust act, 1911 and could not be read into it. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1976P& H205
..... the admission, herding, pasturing or retention of sheep or goats.similarly, notifications under sections 3 and 4 of the punjab land preservation act, 1900, regarding the land situated in this village kansal and other lands were issued subsequently by the punjab government and these are exhibit r-2, ..... punjab government in exercise of the powers conferred by section 3 of the punjab land preservation (chos) act, 1900, issued notification dated september 23, 1914, exhibit r-l, with a view to preserve this land from the action ..... ram lal aggarwal, the learned counsel for the respondent-punjab state raised a preliminary objection that the applications under section 18 of the land acquisition act, 1894, were made by the appellants long after the expiry of the period of limitation and that the order of reference made by the collector was bad and consequently the awards ..... that the sale referred to in ext r-6 took place about seven years prior to the issuance of the notification under section 4(1) of the land acquisition act in the instant case while the sales in the other mutation orders exhibits r-7 to r-9 took place about 4 1/2 years prior to the issuance of ..... uttar pradesh government, air 1967 sc 465, it was held as under:--'market value on the basis of which compensation is payable under section 23 of the act means the price that a willing purchaser would pay to a willing seller for a property having due regard to its existing condition, with all its existing advantages, and its potential .....
Tag this Judgment!Court : Supreme Court of India
Reported in : [1959]1SCR995
..... it is to be noted that the said bill not having yet received the assent of the president the doubts, leading up to this reference, cannot obviously be said to have arisen out of the actual application of any specified section of an act on the facts of any particular case and accordingly the questions that have been referred to this court for its consideration are necessarily of an abstract or hypothetical nature and are not like specific issues raised in a ..... (5) of clause 3 of the said bill provides, inter alia, that any new school established or any higher class opened in any private school, after the bill has become an act and the act has come into force, otherwise than in accordance with the provisions of the act and the rules made under section 36 thereof, shall not be entitled to be recognised by the government of kerala; and whereas a doubt has arisen whether the provisions of the ..... there is no provision similar to this in the constitution of the united states of america or in the commonwealth of australia constitution act, 1900 (63 and 64 vic. ch. ..... again bihari labourers residing in the industrial areas in or near calcutta where they may be the majority in that locality will not be entitled to have the minority rights and those biharis will have no educational institution of their choice imparting education in hindi, although they are numerically a minority if we take the entire city of calcutta or the state of west bengal as a unit. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1959Mad317; [1959]10STC171(Mad)
..... terms specified in clause (1) andcontrasted them with the terms of article 286(3).this however does not lead to the conclusion that the absence of a specific reference to rules in article 286(3) favours an interpretation that if a sales tax act left the fixation of the rate of levy to a rule, the rule determining the rate would not be a law imposing the tax' which was required to be reserved for the president's sanction before it could be valid ..... and the relevant rules in that connection were rules 15 and 16 of the turnover and assessment rules, the result was that until these rules were framed there was no imposition of sales-tax under the act on hides and skins, the tax liability imposed by section 3 (1) becoming attracted to the transaction only by the rules and therefore the rules were framed.in this connection learned counsel for the petitioners invited ..... operate.on the other hand, the contention on behalf of the state was that 'the law imposing sales tax' on transactions in hides and skins was the madras general sales tax act, 1939, a law which does not offend the provisions of act 52 of 1952 and that the rules made under it including rules 15 and 16 were merely machinery provisions and not 'laws imposing a tax'.in this connection the learned advocate ..... could derive considerable ass/stance for the decisions and dicta of the learned judges of the high court of australia explaining the meaning of the words 'laws imposing taxation' in sections 53 and 55 of the commonwealth of australia act 1900 .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1954Bom478; (1954)56BOMLR838; ILR1955Bom11
..... require the plaintiff clearly to show its fairness, and that no undue advantage has been taken of the client.the learned judges distinguished such a contract from an officious intermeddling in the suits of other persons or acts tending to promote unnecessary litigation, it must, however, be pointed out that the observations made in this judgment are not directly in point and besides these observations were made before the enactment of the indian ..... of the high court on whose roll the advocate is enrolled that he has been guilty of professional misconduct, it would, we think, be open to the high court to proceed against the advocate under the bar councils act, and if at the end of the inquiry the high court itself is satisfied that the conduct impugned amounts to misconduct, the high court would be entitled to take proper and adequate action against the advocate in his ..... supreme court, this court could have no jurisdiction to inquire into his conduct and to pass any orders as the result of any such inquiry.section 2 of the supreme court advocates act, xviii of 1951, provides that notwithstanding anything contained in the indian bar councils act, 1926, or in any other law regulating the conditions subject to which a person not entered in the roll of advocates of a high court may be permitted to practice in that ..... of moung htoon oung 21 wb 297 (cal) (c).the same view was expressed by a full bench of the calcutta high court in 1900 in -- 'in the matter of an advocate 4 cal lj 259 (d). .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1963SC1241; [1964]1SCR371
..... competent to make a law authorising the union government to acquire land and rights in or over land, which are vested in a state, and that the coal bearing areas (acquisition and development) act (xx of 1957) - which hereinafter will be referred to as the act - enacted by the parliament, and particularly sections 4 and 7 thereof, were ultra vires the legislative competence of parliament, as also for an injunction restraining the defendant from proceeding under the provisions of ..... to illustrate this it is sufficient to refer to national highways (entry 24), inter-state trade and commerce (entry 42) - to mention only a few being transferred from list ii of the government of india act to list i in the constitution, to the new entry regarding inter-state rivers (entry 56), to the new entry 33 in the concurrent list to which it is transferred from list ii, and to the comprehensive provisions of part xiii - which ..... 51(31) of the commonwealth of australia act, 1900 which specifically empowers the common-wealth to acquire 'state' property, if needed for a commonwealth purpose, on terms of ..... the corporation of calcutta : 1960crilj1684 , it was held that 'the rule of interpretation of statutes that the state is not bound by a statute unless it is so provided in express terms, or by necessary implication, is ..... the corporation of calcutta : 1960crilj1684 , it was held by this court by a majority : 'the law applicable to india before the constitution was as authoritatively laid down by the privy .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1986Bom5; 1986(1)BomCR255; (1985)87BOMLR545; 1985MhLJ937
..... , the calcutta municipal consolidation act (bengal act ii of 1888) and the bengal tenancy act (act viii of 1885) and also the true meaning to be given to the terms 'town of calcutta', 'calcutta' and the 'suburbs' ..... informed by the assistant government pleader as also by counsel for the defendants that, notwithstanding absence of any such fresh notification, all such additional areas have, consistently and all along, been governed by the rent act from the date of their inclusion in the limits of a municipal district or a municipal corporation, as the case may be, and relationship between land lords and tenants qua premises in these areas have stood ..... more be so where any disregard thereof or departure therefrom would inevitably, and for certain, result in nothing short of utter chaos, disruption of titles, unsettling of rights and extinguishment of protection under the rent act as also rendering countless decided and disposed of judicial proceedings and decrees and orders therein all over the years and all over the bombay area of maharashtra, null and void.23. be all that as it ..... . in all the circumstances and for reasons aforesaid, our answer to the question formulated at the outset of this judgment is:a notification once issued by the state government under section 2(3) of the rent act, extending part ii or part iii or both, as the case be, to the area of a municipal district or a municipal corporation, would also apply to the area or areas subsequently included in the limits .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1985SC660; 1985(1)SCALE510; (1985)2SCC116; [1985]2SCR1028
..... in sanjeeviah's case, the question arose whether two provisos framed by the state government under section 37 of the mysore forest act, 1900 which empowered the making of rules to regulate the transit of forest produce which placed absolute prohibition against transportation of forest produce between sunset and sunrise and a qualified prohibition in certain circumstances, was beyond ..... he therefore submits that clause 3(1a) of the order was ultra vires because the slate government had only power under clause (d) of sub-section (2) of section 3 of the act to regulate production, supply and distribution of, and trade and commerce in, essential commodities like foodstuffs by grant of permits, licences or otherwise, in contradistinction to the power of the central government under sub-section (1) of section 3 to regulate or ..... if the contention of the learned counsel were to be accepted, it would imply that the central government derives its power under sub-section (l)of section 3 of the act as the power to promulgate any order providing for regulating or prohibiting the production, supply and distribution of, and trade and commerce in, any essential commodity insofar as it appears necessary or expedient so to do, for maintaining or increasing supplies ..... are of the considered opinion that the view of the calcutta high court accords both with reason and principle. ..... state has been given powers limited to 'foodstuffs' only.quite recently, the calcutta high court in tarakdas mukherjee v. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT1993(3)SC1; 1993(2)SCALE441; 1993Supp(1)SCC4; [1993]3SCR21
..... in relation to gurgaon district of the state of haryana and the alwar district of the state of rajasthan(iii) all areas covered by notifications issued under section 4 and 5 of the punjab land preservation act, 1900 as applicable to the state of haryana in the district of gurgaon upto the date of this notification. ..... they read:now, therefore, in exercise of the powers conferred by sub-section (1) and clause (v) of sub-section (2) of section 3 of the environment (protection) act, 1986 (29 of 1986) read with rule 5 of the environment (protection) rules, 1986, the central government hereby prohibits the carrying on of the following processes and operations, except with the prior ..... it is stated further that on may 7, 1992, the government of india has issued the final notification under section 3 of the environment (protection) act, 1986 prohibiting all mining activity, except with the approval of the government of india, in the protected forest, sariska national park and certain areas ..... chidambaram, learned counsel appearing for some of the mine-owners submitted that it is unsafe for this court to act upon and/or to pass any orders based upon the map produced by state of rajasthan showing the tiger reserve and ..... /license can be granted within the protected forest except with the prior permission of the government of india - section 2 of the forest (conservation) act, 1980 and rule 4(6) of rajasthan minor mineral concession rules) - and that no such permission was obtained in fact.4. .....
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