Court : Kolkata
Reported in : AIR1963Cal373
..... the argument briefly on this point is that a statute which is not only limited in area but also limited in time is outside the purview of section 17 of the chandernagore (merger) act, 1954 and does not answer the test of the word 'generally' used there, i am unable to accept this argument because even a temporary statute, as distinguished from a permanent, if it applies generallywithout exception cannot be excluded on a true construction of ..... the learned advocate appearing tor tne petitioners challenges the order of requisition on the ground that the west bengal land (requisition and acquisition) act, 1948, has not been introduced to chandernagore, according to his submission the only door by which this pre-constitution west bengal statute could nave entered chandernagore is section 17 of the chandernagore merger act, 1954 (act 36 of 1954 of indian parliament), mat section provides as follows:-- '17. ..... the idea of both section 17 of the chandernagore (merger) act, 1954 as well as of the chandernagore (assimilation of laws) act, 1955 is to extend to chandernagore all laws which immediately before the 2nd october, 1954 extended to or were in force in the state of west ..... interpretation, therefore, of section 17 of the chandernagore (merger) act, 1954, i have come td the conclusion that the west bengal land (requisition and acquisition) act, 1948 being a general law immediately before the appointed date, the 2nd october, 1954, applies to chandernagore on its merger with west bengal. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1962Cal248
..... said as follows:-'as an illustration of the procedure which can be adopted by parliament in making a law for absorbing newly acquired territory we may refer to the chandernagore merger act, 1954 (act xxxvi of 1954), which was passed on september 29, 1954, and came into force as from october 2, 1954. ..... follows:-'the territories which immediately before the commencement of the constitution were either comprised in the province of west bengal or were being administered as if they formed a part of that province and the territories of chandernagore as defined under clause (c) of section 2 of the chandernagore (merger) act, 1954 and also the territories specified under sub-section (1) of section 3 in the bihar and west bengal transfer of territories) act, 1956'.3. ..... the chandernagore (merger) act, 1954 is a central act, which came into operation on or ..... of difficulty' order having been made under section 19 of the chandernagore (merger) act, regarding the estate duty act and 'taxable territory' not having been defined as in the income-tax act the payment of tax is illegal. 5. ..... it does not follow, however, that prior to 1956 the chandernagore (merger) act together with the amendment in the 1st schedule to the constitution was ..... a law promulgated by parliament under article 3, of the nature of the chandernagore merger act is not to be deemed to be an amendment of the' constitution for the purposes of article 368, and it is sufficient if the statute itself contains the proposed amendment to .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1973Cal295,76CWN1091
..... the chandernagore (merger) act, 1954, and the chandernagore (assimilation of laws) act, 1955 which were passed on the merger of chandernagore with west bengal were two of the last statutes enacted for the purpose of applying laws in chandernagore uniformly with those in the rest of west bengal. ..... this position stated earlier continued till the chandernagore (merger) act, 1954 came into force with effect from october 2, 1954, which was the appointed day under its provisions. ..... by section 18 of the chandernagore (merger) act, 1954, all the laws in force in chandernagore which had not tillthen been superseded were repealed but subsection (2) of section 18 of the said act kept alive the right to execute a grosses copy of a notarial mortgage bond which was a substantive right acquired prior to the enactment of the said act. ..... ' thus both the substantive and the adjective french law applicable to a grosses copy of notarial mortgage bond were continued both by the order of 1950 and the regulation of 1952 and were only repealed by the chandernagore merger act of 1954. ..... notwithstanding the extension of laws in force in west bengal to chandernagore and repeal of corresponding laws by the merger act, the combined effect of clauses of sub-section (2) of section 18 isto preserve unaffected the right acquired by the previous operation of any law in force before october 2, 1954 and the remedy in respect of such right. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1962Cal622
..... that processes by section 17 of chandernagore merger act, 1954 (act 36 of 1954) all laws in respect of subjects within list i (union list) and list iii (concurrent list) of the seventh schedule of constitution of india were brought into force in chandernagore. ..... for the purposes of proceedings in respect of notarial bonds or grasses copies of such bonds in chandernagore, the bengal money lenders act, 1940, must be held to have commenced in chandernagore on 2nd october, 1954 and not before that date. ..... being so, by all contemplations it is a loan advanced before the commencement of the bengal money lenders act in chandernagore, and, therefore, clause (b) of sub-section (1) of section 34 applies to this case. 6 ..... time the territory of chandernagore was not within the territory in which the ad came into force and therefore the act cannot be said to have commenced in chandernagore on that date. ..... might arise that the present notarial bond having come into existence after 2nd may, 1950, on which date the french procedural law was abrogated in chandernagore it could not be executed directly under indian c. p. ..... west bengal ordinance ix of 1954 and west bengal act iv of 1955 achieved the same result in respect of west bengal laws relating to matters enumerated in list ii (state list) of the seventh schedule of the constitution of india with effect from the same date, 2nd october, 1954 which was the 'appointed day' under the west bengal act iv of 1955. ..... act came into operation on 2nd october, 1954 .....
Tag this Judgment!Court : Chennai
Reported in : (2008)2MLJ348
..... (x-ref: chandernagore (merger) act (1954), section 18(2)). (x. ..... or that the plaintiff has no remedy open to her under the indian law by way of enforcing the mortgage in an action of this kind is to disregard the nature and amplitude of the saving provisions of the pondicherry (extension of laws) act, 1968, i have little hesitation in rejecting this contention of the appellant and in holding that even though the plaintiff might have had the alternative relief of enforcing the mortgage as if were a decree without resorting to an action ..... of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid and any such investigation, legal proceeding or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed as if this act had not been passed:provided that anything done or any action taken (including any appointment or delegation made, notification, instruction or direction issued, form, bye-law or scheme framed, certificate obtained, permit or licence granted ..... judgments, decrees and orders passed after the 1st of november 1954 in conformity with the first paragraph of the present article shall be executed by the competent indian authorities, irrespective of the court which exercise the jurisdiction.acts or deeds constitutive of rights established to the 1st of november 1954 in conformity with french law, shall retain the value and validity conferred at that time by the same law.42. .....
Tag this Judgment!Court : Kolkata
Reported in : [1961]43ITR59(Cal)
..... chandernagore (merger) act, 1954, is a central act, which came into operation on or about the september 29, 1954, under section 2(a) of the said act, 'appointed day' means the october 2, 1954 ..... of the procedure which can be adopted by parliament in making a law for absorbing newly acquired territory we may refer to the chandernagore merger act, 1954 (xxxvi of 1954), which was passed on september 29, 1954, and came into force as from october 2, 1954. ..... before the commencement of the constitution were either comprised in the province of west bengal or were being administered as if they formed a part of that province and the territory of chandernagore as defined in clause (c) of section 2 of the chandernagore (merger) act, 1954, and also the territories specified under sub-section (1) of section 3 of the bihar and west bengal (transfer of territories) act, 1956. ..... no removal of difficulty order having been made under section 19 of the chandernagore (merger) act, regarding the estate duty act and taxable territory not having been defined in the income-tax act, the payment of tax is illegal.so far as the first point is concerned, the execution of the two deeds prior to ..... a law promulgated by parliament under article 3, of the nature of the chandernagore merger act, is not to be deemed to be an amendment of the constitution for the purposes of article 368 and it is sufficient if the statute ..... act was passed chandernagore merger with the state of west bengal as from october 2, 1954 .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1960SC845; [1960]3SCR250
..... which can be adopted by parliament in making a law for absorbing newly acquired territory we may refer to the chandernagore merger act, 1954 (act xxxvi of 1954), which was passed on september 29, 1954, and came into force as from october 2, 1954. ..... the wishes of the citizens of chandernagore by appointing a commission of enquiry, and on receiving the commission's report that the people of chandernagore were almost unanimously in favour of merging with west bengal, the government introduced in parliament the chandernagore merger act in question. ..... referred to the history of the acquisition and absorption of chandernagore and its merger with west bengal because it significantly illustrates the operation ..... referendum was held in chandernagore in 1949, and in this referendum the citizens of chandernagore voted in favour of the merger of the territory with india ..... by the award of a boundary commission appointed or to be appointed by the governor-general in that behalf, but until boundaries are so determined, (a) the bengal district specified in the first schedule of this act..............shall be treated as the territories which are to be comprised as the new province of east bengal; (b) the remainder of the territories comprised at the date of the passing of this ..... act was passed chandernagore merged with the state of west bengal as from october 2, 1954 ..... result was chandernagore ceased to be a french territory and became a part of the territory of india; and the foreign jurisdiction act was .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1971SC961; (1971)1SCC688; [1971]3SCR791; 1971(III)LC279(SC)
..... to as the "corresponding law") which corresponds to any law referred to in section 17, whether such corresponding law is in force in chandernagore by virtue of the chandernagore (application of laws) order, 1950, or by virtue of any notification issued under the chandernagore (administration) regulation, 1952 (regulation 1 of 1952), or otherwise, shall, a from that day, stand repealed in chandernagore.the word "law" was defined in the chandernagore (merger) act, 1954, as follows : [section 2(d)]" 'law' means so much of any enactment, ordinance, regulation, order, rule, scheme, notification, bye-law or any ..... . another argument that was urged before us was that because there was no corresponding law within the meaning of section 17 of the chandernagore (merger) act, 1954, and section 4 of the chandernagore (assimilation of laws) act, 1955, section 3 of the latter act did not have the effect of extending the acquisition act to chandernagore ..... section 3 of the chandernagore (merger) act, 1954 (xxxvi of 1954) provided that chandernagore shall from part of the state of west bengal, district of hooghly, and the state government she provide for the administration of chandernagore by constituting it into a new sub-division of the district of hooghly. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1973Cal171,76CWN930
..... argued that in that case, section 17 of the chandernagore merger act, 1954, did not have the effect of introducing the west bengal land (requisition and acquisition) act, as it was not an act which could be said to be generally enforced in west ..... that as the west bengal act was limited in area and also in time, it was outside the purview of section 17 of the chandernagore merger act, 1954. ..... that the west bengal act was a general law, applicable immediately before the appointed date to the whole of west bengal and this act applied to chandernagore on its merger with west bengal. ..... held that the action of the government in subjecting the residents of patna village area to municipal taxation without observing the formalities imposed by sections 4, 5 and 6 of the bihar and orissa municipal act cuts across one of its essential features and therefore the notification travelled beyond the authority which section 3(1)(f) conferred and hence it was held to be ultra vires.25. ..... order of requisition of land in chandernagore was challenged on the ground that the west bengal land (requisition and acquisition) act, 1948, had not been introduced in chandernagore. ..... section 4 of the act,' said to be the date mentioned in every notification khali be the commencement of an, agricultural year; and the notification shall be issued so as to ensure that the whole area to which this act extends, vests in the state on or before the 1st day of balsakn of the bengali year 1362 corresponding to 14th april, 1954. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1962Cal635,66CWN970
..... chandernagore (merger) act passed on september 24, 1954 came into force on october 2, 1954 ..... and though the jurisdiction of this court is by the calcutta high court (extension of jurisdiction) act, 1953 deemed to extend to chandernagore as from may 2, 1950 those orders were not thereby made appealable under order 43 rule 1(u), ..... the bengal, agra and assam civil courts act, 1887 subject to a specified modification of section 4 thereof and the code of civil procedure, 1908 were by paragraph 3 of the chandernagore (application of laws) order, 1950 applied & extended to the free city of chandernagore and by paragraph 7 of this order all laws then in force in chandernagore corresponding to those enactments ceased to have effect, save in respect of things done or omitted to be done before ..... 1950 the central government of india in exercise of its powers under section 4 of the foreign jurisdiction act, 1947 promulgated the chandernagore (application of laws) order, 1950 and appointed an indian administrator of chandernagore with effect from may 2, 1950. ..... transitional period, following its de facto transfer to the union of india, and consideration of the french law including the french code of civil procedure and several french decrets, the foreign jurisdiction act, the chandernagore (application of laws) order 1952 etc. ..... court (extension of jurisdiction) act, 1953 was passed on december 18, 1953 extending the jurisdiction of the high court at calcutta to chandernagore as from may 2, 1950. .....
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