Court : Kolkata
Reported in : AIR1973Cal295,76CWN1091
..... 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. ..... affect (a) previous operation of any such law; or (b) any right, privilege, obligation or liability acquired, accrued or incurred under such law; or (c) any penalty, forfeiture or punishment incurred in respect of any offence committed against any such law; or (d) any investigation, legal proceeding or remedy in respect of such right, privilege, obligation, liability, 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.' 47. .....
Tag this Judgment!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 ..... citizens of the french settlement of chandernagore whose government was the first to declare in the world orthe eighteenth century the doctrine of equality as part of a liberal political constitution to be the last to complain about the west bengal land (requisition arm acquisition) act, 1948 while the rest of chandernagore's fellow citizens of india in west bengal bear the responsibilities and obligations of that statute. 17. ..... stateor by uniting two or more states or parts of states or byuniting any territory to a part of any state, or increase the area of any state; or alter the boundaries of any state.when french chandernagore comes within the rights and privileges of the indian constitution, it naturally has to bear the responsibilities and obligations of that constitution. ..... is not necessary to discuss whether this particular west bengal land (requisition and acquisition) act, 1948, is unreasonable because or the absence of any right of representation for the aggrieved party and because of the absence cf any right of appealeven after requisition or acquisition. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1962Cal248
..... state of west bengal was described as 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 learned judge 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. ..... the chandernagore (merger) act, 1954 is a central act, which came into operation on or about 29th september. ..... chandernagore which was a french possession was declared a free city, and in june, 1946, the french government in agreement with the government of india, stated that it intended to leave the people of the french establishments in india a right to pronounce on their future fate and future status. ..... it was held there that the acquisition of foreign territory by india could be done in the exercise of its inherent rights as a sovereign state. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1962Cal622
..... in 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. ..... that 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. ..... therefore, 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. ..... mallick's contention in this respect is provided by the language of clause (b) of sub-section (1) of section 34 of the bengal money lenders act which includes all decrees that are not within clause (a) of that sub-section and are not limited to decrees for money only. ..... mallick contended that the learned district judge was not right in thinking that clause (b) of sub-section (1) of section 34 was applicable because that clause governs decrees for money and not mortgage decrees which are governed by clause (a) of sub-section (1) of section 34. ..... that being so, clause (b) will be applicable to executions of the notarial mortgage bond and the decision of the learned district judge on that point is right. 5. .....
Tag this Judgment!Court : Chennai
Reported in : (2008)2MLJ348
..... part thereof (except in so far as such law continues to be applicable to renoncants) shall stand repealed as from the coming into force of the said act in pondicherry and sub-section (2) of section 4 enjoyed that; nothing in sub-section (1) shall affect-(a) the previous operation of any law so repealed or anything duly done or suffered thereunder; or(b) any right, privilege, obligation or liability acquired, accrued or incurred under any law so repealed; or (c) any penalty, forfeiture or punishment incurred in respect of any offence committed against any law so repealed ..... (x-ref: chandernagore (merger) act (1954), section 18(2)). (x. ..... such a grosses copy in executory form could be executed as a decree in accordance with the french laws prevalent in chandernagore and the holder of such a grosses copy could put the same into execution without having to file any suit for the enforcement of the mortgage. ..... so decide by common agreement, to transfer to the competent indian courts, the said proceedings as well as proceedings which, though already open, are not yet entered with the registrars, the french courts and also proceedings which constitute an ordinary or extraordinary appeal.judgments, decrees and orders passed by the french courts, prior to the 1st of novermber 1954, which are final or may become so by expiration of the delays of appeal, shall be executed by the competent indian authorities. .....
Tag this Judgment!Court : Kolkata
Reported in : [1961]43ITR59(Cal)
..... state of west bengal was described as 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 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. ..... the 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. ..... the learned judge 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 (xxxvi of 1954), which was passed on september 29, 1954, and came into force as from october 2, 1954. ..... chandernagore, which was a french government, in agreement with the government of india, stated that it intended to leave the people of the french establishments in india a right to pronounce on their future fate and future status. ..... it was held there that the acquisition of foreign territory by india could be done in the exercise of its inherent right as a sovereign state. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1960SC845; [1960]3SCR250
..... 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. ..... article 73(1) says 'that subject to the provisions of this constitution the executive power of the union shall extend (a) to the matters with respect to which parliament has power to make laws; and (b) to the exercise of such rights, authority and jurisdiction as are exercisable by the government of india by virtue of any treaty or agreement provided that the executive power referred to in sub-clause (a) shall not, save as expressly provided in this constitution or in any law made by parliament, extend in ..... 368 it has to satisfy the requirements prescribed by the said article; the bill has to be passed in each house by a majority of the total membership of the house and by a majority of not less than two-thirds of the house present and voting; that is to say, it should obtain the concurrence of a substantial section of the house which may normally mean the consent of the major parties of the house, and that is a safeguard provided by the article in matters of this kind. 53. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1971SC961; (1971)1SCC688; [1971]3SCR791; 1971(III)LC279(SC)
..... (1) repeal of corresponding laws and savings :any law in force in chandernagore immediately before the appointed day (hereafter in this act referred 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 ..... 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. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1962Cal635,66CWN970
..... the chandernagore (merger) act passed on september 24, 1954 came into force on october 2, 1954. ..... on may 1, 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. ..... all observations of the courts below on the merits (including those on the rights and liabilities of the parties and the pre-requisites, if any, of suits) are deleted. ..... the appellate jurisdiction of the district judge is derived from section 21(1) of the bengal, agra and assam civil courts act, 1887 which is as follows:'save as aforesaid, an appeal from a decree or order of subordinate judge shall lie (a) to the district judge where the value of the original suit in which or in any proceeding arising out of which the decree or order was made did not exceed five thousand rupees and (b) to the high court in any other case.'3. ..... 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 may 2, 1950. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1973Cal171,76CWN930
..... . it was 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 bengal ..... . as he then was) held that under section 6 of the west bengal estates acquisition act, the intermediary had a right, even after the prescribed time limit had expired to make a claim for retention of land under section 6(1)(c), (d) and (j) of the act so long as he had not parted with the possession of his lands ..... . it was held that the provincial legislature could not delegate to the provincial government acting on a resolution of the two houses of legislature, the right to extend the duration of and to modify the act passed by the legislature, because these were legislative powers and not executive or administrative powers and also that the delegate was an authority outside of and a body that is invested with legislative powers by the government of india act ..... under section 4(1) read with section 60 and read with section 52 and section 61 respectively of the west bengal estates acquisition act whereby the state declared that with effect from the 1st baisakh, 1371, corresponding to 14th april, 1964, all the estates and rights of every intermediary as also the land held by raiyat and under-raiyat together with their rights therein in the district of purulia shall vest in the state of west bengal. .....
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