Judgment Search Results Home > Cases Phrase: continuance of legal proceedings act 1948 Page 3 of about 24,798 results (0.110 seconds)

Commissioner of Income-tax, Bombay City-1 Vs. Godavari Sugar Mills Ltd ...

Court : Supreme Court of India

Reported in : AIR1967SC556; [1967]37CompCas68(SC); [1967]63ITR310(SC); [1967]1SCR798

..... , accrued or incurred under any enactment so repealed; or (d) affect any penalty, forfeiture or punishment incurred in respect of any offence committed against any enactment so repealed; or (e) affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment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 the repealing act or regulation had not been passed.' 9. ..... on the facts of this case, an order under section 23a for the assessment year 1949-50 was validly made in the case of this company to which the provisions of the public companies (limitation of dividends) ordinance, 1948, applied on the date of the annual general meeting but to which the act replacing the ordinance ceased to apply within the period of 6 months referred to in section 23a(1) ?' 4. ..... the annual general meeting was held on december 30, 1948 and the six months' period from that date expired on ..... any rules made, action taken or thing done in exercise of any power conferred by or under the said ordinance shall be deemed to have been made, taken or done in exercise of the powers conferred by or under this act as if this act had come into force on the 29th day of october 1948.' 8. ..... the ordinance was in force on december 30, 1948 on which date the annual general meeting of the respondent took place and a .....

Jashbhai M. Patel Vs. Dhulabhai Lakhabhai

Court : Gujarat

Reported in : (1997)2GLR1196

..... the order of the mamlatdar dated 5-1-1981 was confirmed with directions that the mamlatdar shall take consequential proceedings under section 32g of the act 1948 to fix purchase price of the land as the tenant is declared to be deemed purchaser of this land and he was legal tenant of this land as on 1-4-1957. ..... the tribunal has given judgment in the present case proceeding on the ground that for legal and valid surrender of land, formalities are required to be complied with as per provisions of the act 1948. ..... this special civil application arises out of the proceedings under section 32g of the bombay tenancy & agricultural lands act, 1948 (hereinafter referred to as the 'act 1948') initiated by the mamlatdar and a.l.t. ..... on the other hand, the learned counsel for the respondent contended that the so-called surrender of possession by the tenant to the petitioner-owner was not in accordance with the provisions of the act 1948 and as such, the mamlatdar as well as the tribunal have rightly held that legally the tenancy of the tenant subsists as on 1-4-1957. ..... in these proceedings, the mamlatdar under its order dated 5-1-1980 held that surrender of the land made by the tenant in favour of the owner is illegal and therefore, the tenant continues to be legal tenant of the land in dispute. ..... the petitioner-owner was in possession of the land earlier to 1-4-1957 and he continues to be in possession for all these years. .....

Malleswaram Co-operative Society Ltd. Vs. Senior Labour Inspector

Court : Karnataka

Reported in : [1999(81)FLR326]; ILR1999KAR650; (1999)ILLJ1326Kant

..... generally speaking all provisions of the repealed act would continue in force for the purposes of enforcing the liability incurred when the act was in force and any investigation, legal proceedings or remedies can be instituted, continued or enforced as if the act had not expired, is the mandate of section 6 of the karnataka general clauses act, 1899. ..... bombay shops and establishments act, 1948 (bombay act lxxxix of 1948) as in force in the bombay area, the hyderabad shops and establishments act, 1951 (hyderabad act x of 1951) as in force in the hyderabad area, the madras shops and establishments act, 1947 (madras act xxxvi of 1947) as in force in the madras area and the mysore shops and establishments act, 1948 (mysore act 11 of 1948) as in force in the mysore area hereby repealed.provided that section 6 of the karnataka general clauses act, 1899 (karnataka act iii of 1899) shall ..... in the same premises or otherwise used in connection with such trade or business, but does not include a commercial establishment or a shop attached to a factory where person employed in the shop falls within the scope of the factories act, 1948'.and commercial establishment under section 2 means:-'(e) 'commercial establishment' means a commercial or trading or banking or insurance establishment, an establishment or administrative service in which persons employed or mainly engaged in office work, a hotel, restaurant, boarding or eating house, a cafe .....

The Gujarat Electricity Board Vs. the Ahmedabad Electricity Co. Ltd. a ...

Court : Supreme Court of India

Reported in : AIR1974SC314; (1974)4SCC623; [1974]2SCR492

..... to be done by, with or for the state government for any of the purposes of this act before the first constitution of the board shall be deemed to have been incurred, entered into or engaged to be done by, with or for the board; and all suits or other legal proceedings instituted or which might but for the issue of the notification under sub-section (4) of section 1 have been instituted by or against the state government may be continued or instituted by or against the board. ..... the electricity (supply) act, 1948 was passed as complementary to the indian electricity act, 1910 and made some special provisions with a view to meet the needs of increased electricity ..... we are chiefly concerned with the electricity (supply act, 1948 a reference is also necessary to the indian electricity act. ..... itself and the appellant board to the arbitration of the central electricity authority (hereinafter called the authority) operates as a bar to the constitution of a rating committee by the board under section 57a of the electricity (supply) act, 1948 (hereinafter called the act).2. ..... iv provides for the powers and duties of the state electricity board and we may only refer to section 26 therein which says that subject to the provisions of the act the board shall in respect of the whole state have all powers and obligations of a licensee under the indian electricity act, 1910 and the supply act of 1948 is deemed to be the licence of the board for the purposes of the indian electricity act, 1910.10. .....

State of Gujarat Vs. Savitriben N. Tandon and ors.

Court : Gujarat

Reported in : (1993)1GLR943

..... proceed on the assumption that the original petitioner could have had pensionary benefits by virtue of section 14(1) proviso of the bombay housing board act, 1948 ..... while pronouncing this opinion of ours, we are not supposed to touch and we have not touched the question as to whether the original petitioner continued to have the pensionary benefits, which he might have had as a government servant of the state of bombay prior to his being drafted into the services ..... vakharia, learned senior counsel, representing the cause of the legal representatives, would draw our attention to section 86(2)(ix) of the gujarat housing board act, 1961 and in particular the proviso thereto to say that the original petitioner must be held to have continued to enjoy the conditions of service as he enjoyed prior to his being drafted into the services of the gujarat housing board and any variation of the conditions of service could not be to the ..... went over to the services under the gujarat housing board on and from 1-5-1960, we have to see as to whether the said benefits continued to vest in him so as to mulct the gujarat housing board with the liability to pay pensionary benefits to him. ..... which we are bound to take note of is that after the original petitioner got into the services of the bombay housing board with effect from 27-9-1949, it could not be said that he continued to be a government servant to earn the pensionary benefit on that basis, whatever be the position prior to that date. .....

Commercial Tax Officer and ors. Vs. Vishnu Agencies (P.) Ltd.

Court : Kolkata

Reported in : [1975]36STC527(Cal)

..... said act and section 14 provides for protection to the officers and the state government against suit and other legal proceedings. ..... this case and on the analysis of the scope and object of the west bengal cement control act, 1948, enumerated hereinbefore, it is abundantly clear that the transaction involved in the supply of cement by the respondent as a licensed stockist under the said cement control act and a registered dealer under the bengal finance (sales tax) act by supplying cement to the holder of licence for cement, being the consumers and customers, is ..... india rules, rule 81(2), industries (development and regulation) act, 1951, section 18g(2)(a), essential commodities act, 1955, section 2, which are the various acts dealt with by the supreme court in some of the said decisions and submitted that the provisions of the west bengal cement control act, 1948, section 3(2)(e), are of the same pattern and conform to the same provisions as in the various acts referred to by him. mr. ..... by both the parties by citing large number of decisions mostly of the supreme court, it is first necessary to set out the relevant portions of the said cement control act and the orders and notifications made thereunder, the terms of licence of a stockist and dealer of cement and also the form of licence for cement issued to permit-holders.west bengal act 26 of 1948-the west bengal cement control ..... continued any order or direction or action taken under the west bengal cement control ordinance, 1948 .....

Nawajish Sultan Ali Virani Vs. The State of Telangana, Rep. by its Pri ...

Court : Andhra Pradesh

..... or liability acquired, accrued or incurred under any enactment so repealed; or (d) affect any penalty, forfeiture or punishment incurred in respect of any offence committed against any enactment so repealed; or (e) affect any investigation, legal proceeding or remedy in respect 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 the repealing act or regulation had not been passed. ..... " section 13 of the 1949 act is almost identical in language with s.11 of punjab act xii of 1948 which was the subject-matter of consideration in state of punjab v. ..... such repeal, any rules made, action taken or thing done in exercise of any power conferred by or under the said ordinance shall be deemed to have been made, taken or done in exercise of the powers conferred by or under this act as if this act had come into force on the 29th day of october 1948. ..... the public companies (limitation of dividends) ordinance 1948 (xxix of 1948) is hereby repealed. ..... said ordinances it must be held that jind state civil service regulations, 1945 stood repealed absolutely and ceased to have any application after the raj pramukh of pepsu took over the administration of jind state on 20-08-1948. ? 20. .....

Smt. Motibai Sarvotham Pai Cano W/O Sarvotham Pai Cano and ors. Vs. Sm ...

Court : Mumbai

Reported in : 1994(2)BomCR628

..... (2) notwithstanding the repeal of the laws by sub-section (1), all suits and other proceedings under a repealed law pending at the commencement of this act before any court or authority shall be continued and disposed of in accordance with the provisions of the repealed law as if that law had continued in force and this act had not been passed: provided that in any such suit or proceeding for the fixation of fair rent or for the eviction of a tenant from any building ..... urges that this court must hold that the house property is charged with an encumbrance and unless payment is made jose mario is entitled to retain the same.though it is true that under the two legal systems the principle of owelty is identical, yet there is nothing codified insofar as the effects of non-payment of owelty are concerned under the indian system, unlike the portuguese code where the situation is different ..... answered the question in favour of such inducted tenant by mortgagee in possession on the grounds that the provisions of the bombay tenancy and agricultural lands act, 1948, are a social reform oriented legislation and further that definition of 'tenant' also includes a deemed tenant.in the decision of prabhu v. ..... the supreme court held that regard being had to the meaning of deemed tenant in section 4 of the bombay tenancy and agricultural lands act, 1948, a person inducted as lessee by a limited owner having life estate in land is protected, for he becomes a deemed tenant within the meaning of .....

The State of Mysore Vs. H.C. Ramaswamy

Court : Karnataka

Reported in : (1968)1MysLJ364; [1964]15STC410(Kar)

..... obligation or liability acquired, accrued or incurred under the said enactments; or (c) any penalty, forfeiture or punishment incurred in respect of any offence committed against the said enactments; or (d) any investigation, legal proceeding (including assessment proceeding) or remedy in respect of any 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.' 8. ..... clear that the right of the state to investigate or the institute legal proceeding for an offence committed by a person when the mysore sales tax act of 1948 was in force is clearly saved. ..... high court government pleader, who argued these appeals on behalf of the state, that the learned magistrate was entirely wrong in his view that section 40(1) of the mysore sales tax act of 1957 had not saved the right of the appellant to institute proceedings against the respondent in respect of the offence committed by him when the mysore sales tax act of 1948 was in force. ..... before the learned magistrate and made an application to the effect that the prosecution against him for the offence, purported to have been committed by him under section 20(1)(a) of the mysore sales tax act of 1948 was untenable, in view of the fact that the mysore sales tax, 1957 had come into force and it had repealed the mysore sales tax .....

Shrimati Lakhwinder Kaur and ors. Vs. Sadar Anjuman Ahmediyya Qadian a ...

Court : Punjab and Haryana

..... . the learned lower appellate court further held that otherwise also under section 12b, the change in name of the society did not affect any rights or obligations of the society or rendered any legal proceeding defective filed by or against the society, and any legal legal proceeding which might have been continued or commenced by or against it, by its former name may be continued or commenced by or against it by its new name.36 ..... . the attempt of the defendant/appellants to get the entry in revenue record set aside by invoking the provisions of section 42 of the east punjab holdings (consolidation and prevention of fragmentation) act, 1948, failed when the writ petition filed against the order passed by the additional director, consolidation, was accepted, meaning thereby that entry of ownership of plaintiff no ..... . the plaintiff/respondents filed a suit for possession on 22.1.1980, whereas on 6.9.1982, the additional director, exercising the powers under section 42 of the east punjab holdings (consolidation and prevention of fragmentation) act, 1948 ordered the deletion of name of the society as owner and change it in the name of central government, on the petition filed by the appellants.86 ..... the learned lower appellate court also took note of the fact that sons of balbir singh had instituted a petition under section 42 of the east punjab holdings (consolidation and prevention of fragmentation) act, 1948 against sadar anjuman ahmediyya qadian, on the allegations that old khasra nos .....