Court : Jammu and Kashmir
Reported in : 1970CriLJ1365
..... act. if the order of 1954 is not invalid on the ground of infringement or abridgement of fundamental rights under part iii it is difficult to appreciate how extension of period of immunity made by subsequent amendments can said to be invalid as constituting an infringement or abridgement of any of the provisions of part iii. ..... the articles of the constitution which include article 370. section 21 of the general clauses act is as follows:where, by any central act or regulation a power to issue notification, orders, rules, or by-laws is conferred, then that power includes a power exercisable in the like manner and subject to the like sanction and conditions (if ..... years. this means that, under clause (c) of article 35, immunity was granted to the preventive laws made by the state legislature completely, though the life of the inconsistent provisions was limited to a period of five years. the extension of that life from/ five to ten years and ten to fifteen years cannot, in these circumstances .....
Tag this Judgment!Court : Chennai
Reported in : (1974)1MLJ53
..... which was the subject-matter of discussion and decision by the travancore-cochin high court.9. the part b states (laws) act, 1951 (central act iii of 1951) was enacted for the purpose of providing for the extension of certain laws to part b states. immediately before first november, 1956 part b states were: hyderabad, jammu and kashmir, madhya bharat ..... indian succession act of 1925.4. mr. syamalam, learned counsel for the appellant, contended that by virtue of the provisions contained in the part b states (laws) act, 1951 (central act iii of 1951), which came into force on 1st april, 1951. it was the provisions of the indian succession act, 1925 that applied to the succession ..... force' occurring in section 29 (2) of the indian succession act, 1925, it must necessarily follow that the said regulation will be the corresponding law, as contemplated by section 6 of central act iii of 1951. therefore, my conclusion is that even if i am wrong in the construction i have placed on section 29 (2) of .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 1971CriLJ1489
..... is how the matter has come before us.3. at the hearing before the full bench, the points relating to the constitutional validity of the act and its-extension to the state have not been pressed. in my opinion, the learned; counsel for the petitioner has rightly refrained from canvassing these points.. it is now well ..... the case subsequently coming up before a division bench comprising hon'ble bhat, j., and myself questions relating to the constitutional validity of the act and its extension to the state of jammu and kashmir also arose for decision. considering that these questions were of considerable importance and required an authoritative decision by a still larger ..... reasons of the act shows that the act was intended to replace the old crown representative's police force law-, 1939, and thus provide for the organization, control and regulation of the central reserve police force by the central government. a careful study of the statement and the scheme of the act also shows that the force .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1972SC1193; 1972CriLJ751; (1972)1SCC646; [1972]3SCR411
..... special police establishment act, 1946, (25 of 1946) was validly extended to the state of jammu & kashmir by the jammu & kashmir (extension of laws) act, 1956 hereinafter referred to as the extension act. the high court decided this question on a reference made by the special magistrate, under section 432 of the crpc, before whom the ..... establishment act, 1946, was extended to the state of jammu & kashmir in the following manner. section 1(2) of the extension act provided that 'it shall come into force on such date as the central government may, by notification in the official gazette, appoint.' section 2 provided as follows :(1) the acts and ordinance mentioned ..... the power conferred under the regulation on the governor to bring into force the laws set out in the schedule continued and would continue so long as the regulation remained on the statute book. the same principle applies here. the central government could validly issue a notification under sub-section 2 of section 1 appointing .....
Tag this Judgment!Court : Orissa
Reported in : AIR1974Ori115
..... the court can take judicial notice of the fact that sambalpur district is a surplus district as regards rice and there was extensive smuggling from the district to the adjacent states such as bihar and central provinces.'16. the purpose of annexure 8 is to confer some beneficial facilities to the needy harijans. it does not say ..... formal evidence of matters with which, men of ordinary intelligence are acquainted, whether in general or in relation to natural phenomenons and whether in peace or war (halsbury's laws of england vol. 15. 3rd ed. p. 3991. there is a wide range of things of which the court can take judicial notice, viz., historical facts, ..... covered by the legislation are left out, would not render the legislation discriminatory. what is true of legislation is also true of an administrative or executive order. law is well settled that administrative or executive orders or actions can come under the periphery of judicial scrutiny under writ prerogative. in the instant case there is .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1974SC238; 1974LabIC181; (1974)ILLJ109SC; (1974)3SCC546; [1974]2SCR169
..... of probation expired on december 14, 1968, but the vice-chancellor extended it for one more year by order dated november 11, 1968. this extension was confirmed by the meeting of the central council of the university at its meeting dated june 26, 1969. but at the same meeting it was resolved by the ..... of factum valet. we cannot countenance the alleged continuance of the respondent in the university campus as tantamount to regular service under the university with the sanction of law. in short, the respondent has no presentable case against the direction to quit.13. even so, there are certain disquieting features in this case. the additional ..... act, 2005 (samvat year) created the university of jammu and kashmir. several years later, the present respondent joined the university as a lecturer on contract basis, the law that governed his services being the provisions of that act and the statutes framed thereunder. subsequently, the jammu and kashmir university act, 1965, was passed which, while .....
Tag this Judgment!Court : Delhi
Reported in : AIR1975Delhi223; ILR1975Delhi84
..... india act followed by the central legislature under the constitution of ..... by virtue of the delhi laws act of 1912 and later by the part c states laws act of 1950 and the union territories laws act of 1950. the application and the later extension of this law to the union territory of delhi was thereforee, not by the authority of the state legislature but that the central legislature, that is, the central legislature under the government of .....
Tag this Judgment!Court : Delhi
Reported in : AIR1976Delhi1
..... , thereforee, not be exempt from this tax.6. on an examination of the legislative history of the punjab municipal act, 1911, its extension to the union territory of delhi by virtue of central enactments from time to time, the scheme of the constitution of india with regard to the distribution of legislative powers between the states and ..... delhi in exercise of the power conferred by the central enactments, the punjab municipal act, 1911 had become a central act as if made by parliament under clause (4) of article 246 of the constitution of india; that union taxation would be co-extensive with the power of parliament to make laws; that by virtue of clause (4) of article ..... 246 of the constitution of india, parliament was competent to make laws with regard to .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1976SC182; (1976)3SCC219; [1976]2SCR690
..... the licence collected from them on the ground that the cochin and travancore tobacco acts stood repealed by the finance act of 1950 because of the extension of the central excises and salt act to part b state of travancore-cochin. the petitions were opposed on behalf of the state and it was contended that ..... that the cochin tobacco act and the similar travancore. act taken along with the rules framed under those acts by the respective diwans were in substance law corresponding to the central excises and salt act. the cochin tobacco act and the similar travancore act, it was further held, stood repealed on april 1, 1950 by ..... invalid because they deal with a topic outside the legislative competence of the state legislature, the parliament can in exercise of its undoubted legislative competence, pass a law retrospectively validating the said collections by converting their character into collections made under its own statute operating retrospectively. so far as the present case is concerned, .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (1976)5CTR(SC)0126C
..... fee collected from them on the ground that the cochin and travancore tobacco acts stood repealed by the finance act of 1950 because of the extension of the central excise and salt act to part b state of travancore-cochin. the petitions were opposed on behalf of the state and it was contended ..... the cochin tobacco act and the similar travancore act taken along with the rules from under those acts by the respective diwans were in substance law corresponding to the central excise and salt act. the cochin tobacco act and the similar travancore act, it was further held, stood repealed on april 1, 1950 ..... of the constitution. article 304 (b) reads as under :'304. notwithstanding anything in article 301 or article 303, the legislature of a state may by law -(a)................................................(a)................................................(b) impose such reasonable restrictions on the freedom of trades, commerce or intercourse with or within that state as may be required in the .....
Tag this Judgment!