Court : Karnataka
Reported in : 2002CriLJ4779; ILR2002KAR4791; 2003(1)KarLJ265
..... in reply to this submission the union of india in its statement of objections has stated that the word 'water' as used in section 2(v) of the act 1954 has to be understood to refer to the word 'water' that is supplied by the public water supply establishment and it has no application insofar as the packaged drinking water is concerned, since it is being used for human consumption, which ..... to consider the above said point it is just and necessary to refer to the amended rules with reference to section 2(v) of the act 1954.the amended rules reads as follows.--1. ..... of the act 1954 reads as follows ..... the submission of the petitioners that the word 'food' defined under the act excludes drugs and water and therefore, no rules can be framed regulating the sale of water under the act 1954.4. ..... under which the request for retaining the brand name 'cauvery' has been rejected on the ground that it contravenes the clauses concerning labelling conditions as per is : 14543 and the prevention of food adulteration act (hereinafter referred to as 'act 1954').3. ..... , the act 1954 is to makeprovision for prevention of adulteration ..... rival contentions the question that arises for consideration is whether the packaged drinking water is the same as used in section 2(v) of the act 1954 or not?6. ..... the petitioners is that whether the union of india is competent to frame rules regulating the sale of packaged drinking water since the word 'water' is excluded from the definition of the word 'food' under the act 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. .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(3)ALLMR295; 2007(3)BomCR680; 2007(4)MhLj721
..... of the plaintiffs in the original suits and that after following due procedure publication has been made in the karnataka gazette in terms of section 67 of the karnataka land revenue act and the order passed by the concerned officer is binding on the plaintiff and, therefore, the plaintiff cannot claim any ownership on the ground of adverse possession. ..... dated 21.4.1976 showing that the suit property as having been declared as 'wakf property' in terms of section 26 of the wakf act, 1954 and was also stated to have been published in the gazette. ..... thereafter, the government of india enacted the ancient monuments and archaeological sites and remains act, 1958 and the suit property came to be under the management of the department of ..... the former is renounced it is significant to note that in the matter of arundhati (supra) on 15th march, 1971, the appellant therein, had got issued a notice under section 106 of the transfer of property act determining the tenancy for default committed in payment of the rent. ..... in the case on hand also, the original written statement is filed prior to the amendment act made enforceable from 1st of july, 2002. ..... the date on which the amendment act came into effect, is governed by the unamended provisions laid down under order vi rule 17 of ..... taken into consideration that the application for amendment of pleadings might not have been maintainable in view of statutory interdict contained in sub-section (2) of section 25 of the act, if the same was applicable. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2005)140PLR116
..... ;section 3(1)the act shall apply and before the commencement of this act and shamat law shall be deemed always to have applied to all ..... that since in the year 1959 they have no share in the shamlat land in view of 1953 act, therefore, the share in shamlat which revived in pursuance of 1961 act, will not ensure for the benefit of defendant but will ensure for the benefit of plaintiffs alone ..... learned counsel for the appellant is that since in the year 1959, the plaintiffs were not owner of shamlat deh as the same vested with the gram panchayat by operation of 1953 act, any stipulation in the sale deed in respect of sale of share of shamlat would not convey any title in favour of the defendant.5. ..... act reads as under:-'section 2(h)'shamilat law' means-(i) in relation to land situated in (part of the territory) which immediately before the 1st november 1956, was comprised in the state of punjab, the punjab village common lands (regulation) act, 1953; or(ii) in relation to land situated in (part of the territory) which immediately before the 1st november, 1956, was comprised in the state of patiala and east punjab states union, the pepsu village common lands (regulation) act, 1954 .....
Tag this Judgment!Court : Chennai
Reported in : (2004)4MLJ380
..... constitution were either comprised in the province of west bengal or were being administered as if they formed part of that province and the territory of chandernagore as defined in clause (c) of section 2 of the chander- nagore ( merger) act, 1954, and also the territories specified in subsection (1) of section 3 of the bihar and west bengal (transfer of territories) act, 1956. 14. ..... general, appearing for the union of india, counters the above argument stating that tamil nadu is a new state by legal fiction under the sr act and that the petitioners being advocates have no locus to maintain these writ petitions in terms of the legal principles enunciated by the supreme court in ..... were either comprised in the provinceof madras or were being administered as if they formed part of that province and the territories specified in section 4 of the states reorganisation act, 1956, but excluding the territories specified in sub-section (1) of section 4 of the andhra state act, 1953 and the territories specified in clause (b) of sub-section (1) of section 5, section 6 and clause (d) of sub- section (1) of section 7 of the ..... it is submitted by the learned counsel for the petitioners that sub-article (a) to article 3 of indian constitution is applicable to the states formed under sections 5 to 11 of sr act while sub-articles (b) to (e) are applicable for the states of andhra pradesh and tamil nadu and by application of those sub-articles (b) to (e) to article 3, no new state is formed .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2009(4)ALT431:AIR2009NOC2482(A.P)(F.B).
..... which provided that out of the enclosures, buildings or localities declared to be market yards before the commencement of the bombay agricultural produce markets (amendment) act 1954, one shall be declared to be the principal market yard for the market area and others, if any, to be one or more sub-market ..... operation maktg-i department hyderabad (referred (8) supra) at para-14 held:now reverting to the arguments of the learned counsel for the petitioners that the 'products of livestock' as defined in clause (xv) of section 2 of the act means such products of livestock as may be declared by the government by notification to be products of livestock, which could only be products of living animals, but cannot be the products of dead animals and as obviously 'raw ..... as there are market areas, notifying different items of market products and subsequently with a view to bring uniformity decides to issue one notification under section 4(4) of the act only with reference to different items and varieties of market products, one cannot expect the government to abolish all the existing market committees and re-start exercise under section 4(1) and then requiring such ..... the act, as noticed supra, deal with merger and/or de-merger of ..... 3(1) to 3(3), and/or under section 4(1) to 4(4) only when merger/de-merger of a notified area or notified market area is proposed. ..... the case of section 3(4), section 4(5) exclusively deals with merger or demerger of notified market areas subject to the provisions .....
Tag this Judgment!Court : Chennai
Reported in : AIR1968Mad298
..... right to complain, and to seek these reliefs at our hands, if he can show that the orders of appointment infringed a guarantee, which is part of the treaty of cession, and which is so implemented by the poidicherry (administration) act xlix of 1962, that the guarantee is justiciable in the municipal courts of india; again, that he has a right to relief if he can show that the order of the president introducing changes in qualifications for judicial officers of the pondicherry ..... thus, under the merger act, act xlix of 1962, sections 9 and 10, this court inherits the powers of the cour de cassation the cour superiur d' arbitrage and the conceil d' ..... 363 of the constitution and the bombay merged territories areas (jagir abolition) act 1953 (act xxxix of 1954), the supreme court laid it down that the letter of guarantee were beyond the jurisdiction of the court, by virtue ..... the second phase, or state, commences with the merger agreement, dated 21-10-1954, entered into between the high contracting powers of ..... on to the third phase, which is the vital phase, for the purpose of our present analysis the merger agreement dated 21-10-1954, followed by the treaty of cession, dated 28-5-1956. ..... during the phase of the de facto merger, the pondicherry was under a chief commissioner, by virtue of an order under the foreign jurisdiction act, 1947 dated 30-10-1954. ..... the government of india under (a) the foreign jurisdiction act xlvii of 1947 and (ii) and french establishment administration order, 1954. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1962Raj112
..... that tbe managing officer and the regional settlement commissioner are only executing the order of the settlement commissioner that was passed in exercise of his powers under section 24 of the act and this court should not issue a direction and stay the hands of these authorities for it should not do something indirectly which it could not do directly.15. ..... the decision of the supreme court in (s) air 1956 sc 246 was relied upon and the doctrine of merger as laid down by the decision in the case of dungar das, ilr 1956-6 raj 939: (air 1956 raj 163) was held to be subject to at least two exceptions: namely,(1) where the ..... jurisdiction of the settlement commissioner new delhi on the ground that after the execution of the deed of conveyance in favour of the petitioner, it was not competent for the authorities acting under the displaced persons (compensation and rehabilitation) act, 1954, (act no. ..... 's case air 1961 sc 532 cannot have any bearing on the doctrine of merger discussed in the two aforesaid judgments of this court.10. ..... the point relating to the doctrine of merger which was laid down in the two division bench decisions of this court, namely ilr 1956-6 raj 939: (air 1956 raj 163) and ilr 1960-10 raj 5.94: (air ..... authority and its order passed on appeal or revision, is, therefore, a nullity, the order of the inferior tribunal cannot be considered to have merged in the order of the appellate authority, for there can be no merger into nothing. ..... that case regarding the rule of merger. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1990SC1833; JT1990(3)SC215; 1990(2)SCALE95; (1990)4SCC320; [1990]3SCR469
..... the state government was, therefore, competent to issue the two notifications under section 4 of the himachal pradesh private forest act, 1954, and it was not justified in annulling them on the erroneous premise that the said lands belonged to the state ..... the division bench also held that the notification under section 29 of the indian forests act was validly issued and so long as it held the field, no notification could be issued under section 4 of the himachal pradesh private forest act, 1954 and the same were, therefore, rightly corrected by deleting the khasra numbers claimed by the plaintiff from the notified ..... why by the subsequent notifications issued under section 4 of the himachal pradesh private forest act, 1954, the disputed forests were notified as private forests of the plaintiff. ..... on 15th april, 1948 an agreement of merger was signed whereby the raja of bushahr ceded to the dominion of india 'full and exclusive authority, jurisdiction and powers for and in relation to the governance of the ..... at the date of merger the forests belonging to the state of bushahr devolved on the himachal pradesh administration except the private ..... after the merger of the bushahr state, a separate administrative unit was constituted by the central government for himachal ..... ) the grant was not repudiated but was given effect to by the political agent, shimla, as well as by the revenue authorities of bushahr state and was recognised by the dominion of india at the time of the state's merger. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1959MP377
..... against the chairman (called president in the petition) and the madhya bharat muslim wakf board appointed under the muslim wakfs act, 1954, as also against the government of madhya pradesh and the union of india.2. ..... section 42 of the muslim wakfs act, 1954, provides that:--'when there is a vacancy in the office of the mutawalli of a wakf and there is no one to be appointed under the terms of the deed of the wakf, or where the right of any person to act as mutawalli is disputed, the board may appoint any person to act as mutawalli for such period and on such conditions as ..... provision empowering a state government to remove any chairman or member in the event_of their being subject to any disqualification specified in the act or in the event of their refusal or incapacity to act or their failure to attend three consecutive meetings.provision is also made for filling up the vacancies caused in this manner. ..... in view of these pronouncements of the supreme court and the purpose and general scheme of the act as is discernible by the general survey of the principal provisions of the act made above it is futile to contend that the question regarding wakf in so far as it relates to the properties comprised therein and the right of mutawali or any person to manage the same, properly falls under ..... dated 3-11-1952, several years subsequent to the merger, was without any lawful authority. ..... ' came to an end and he no longer had any right to exercise the functions he used to do prior to merger. .....
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