Court : Mumbai
Reported in : AIR1951Bom263; (1950)52BOMLR852; ILR1951Bom271
..... case there is a provision made in one portion of an act by which something which was done under a similar provision, whether it was an act or an ordinance, was to be deemed to have been done under the former, it is not necessary further to extend the provisions of section 9, bombay general clauses act, 1904, or to have in the former act a provision corresponding to the second proviso of the second sub-clause of clause 2, cotton cloth and yarn (control) order, 1945 ; and in support ..... , provides as follows :'where any enactment is, after the commencement of this act, repealed and re-enacted by a bombay act with or without modification, then, unless it is otherwise expressly provided, any appointment, notification, order, scheme, rule, by-law or form made or issued under the repealed enactment shall, so far as it is not not inconsistent with the provisions re-enacted, continue in force, and be deemed to have been made or issued under the provisions so re-enacted, unless and until ..... notification which was issued is not to be deemed to have been made under the act of 1918 or that it is not a notification under the act of 1948. ..... (3) of section 1 of the act of 1918 as a matter of fact shows ..... acting under these powers, the provincial government extended the operation of ordinance i [1] of 1918 to all areas in the province of bombay, other than the areas specified in the schedule to the said ordinance, but only in respect of buildings intended to be used for the purpose of cinemas, theatres .....
Tag this Judgment!Court : Chennai
Reported in : AIR1947Mad325; (1947)1MLJ98
..... the defence of india act and so the cotton cloth and yarn (control) order, made under it have ceased to have effect within the prescribed ..... moreover section 6 of the general clauses act and section 38(1) of the english interpretation act relate to repealed acts and not to temporary acts which have expired by efflux of time ..... might, therefore, be expected that, if it was the intention of parliament to adopt in respect of an act and orders which had expired one only of the provisions of section 38 of the interpretation act which affect the provisions of repealed acts while excluding the other provisions, it would have been made clear that this was its intention or that at least the precise words of the second part of clause (b) of sub-section (2) of section 38 of the interpretation act would have been employed. ..... was, substantially, to apply to the defence of india act on its expiration the provisions under section 6 of the general clauses act which automatically apply to an act on repeal in the absence of provisions to the contrary.6. ..... within itself for the consequences that will ensue on its expiration ; and, in our opinion, the provisions of ordinance xii of 1946, which are substantially the same as the statutory provisions which govern all repealed acts, cannot be regarded as extending the defence of india act and the rules and ordinances made under it beyond the date of their expiration any more than section 6 of the general clauses act extends a repealed act beyond the date of its .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1967Raj104; 1967CriLJ809
..... gomti bagla were arrested by the railway police for the contravention of section 7 of the essential supplies (temporary powers) act, 1946 read with clause (3) of the cotton textiles (control of movement) order, 1948, for carrying in the railway compartment 'new cotton cloth' weighing over six maunds, from bombay to kanpur without any permit under the cotton textiles (control of movement) order, 1948. ..... , 1954 would have become inoperative so far as the movement of the grains mentioned therein is concerned, as according to the aforesaid observations of the supreme court, the coarse grain (removal of control) order, 1954, though it could not he repealed or abrogated on account of the impugned order, vet it could not operate in that field for the time being till the order issued by the district magistrate was in force but the difficulty in this case arises ..... made on the assumption that the provisions of the existing law (in that case the railways act) stand repealed to the extent to which they were inconsistent with or repugnant to the provisions of the cotton textiles (control of movement) order, 1948, but their lordships while dealing with the question whether the inconsistent provisions of the railways act were actually got repealed on account of the repugnancy with the cotton textiles (control of movement) order, expressed themselves in a different way. .....
Tag this Judgment!Court : Delhi
Reported in : ILR1980Delhi102
..... government may, by notification in; the official gazette, extend the provisions of this section, to the district magistrate, or the sub-divisional magistrate specially empowered by the state government in that behalf (a) that the movements or acts of any person are causing or calculated to cause alarm, danger or harm to person or property, or (b) that there are reasonable grounds for believing that such person is engaged or is about to be engaged in ..... such offence ; or (c) that such person (i) is so desperate and dangerous as to render his being at large in delhi or in, any part thereof hazardous to the community; or (ii) has been found habitually intimidating other person's by acts of violence or by show of force ; or (iii) habitually commits affray or breach of peace or riot, or habitually makes forcible collection of subscription or threatens people for illegal pecuniary gain for himself or for others ; or (iv) has ..... repeal that the act has been modelled on the bombay act some provisions of which had been extended to delhi before the present act ..... investigation, stated chitrakut in his comments, one piece of cloth was taken in possession by him from the petitioner's ..... cloth was given for stitching by the complainant to tailor in his village, the tailor told the complainant that the cloth ..... penal code, he stated : 'the complainant had gone to the petitioner's shop on june 19, 1978 and asked for terrycot polyester 80 per cent 20 per cent cloth for marriage of his younger brother. ..... cloth .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1954CriLJ1093
..... and the constitutional set up at the state then existing was operative only during the period of emergency for which it was promulgated and should be deemed to have lapsed afterwards without any express repealment;(2) whether the directions contained in the cotton cloth and yarn control order of 1355-f. ..... 180 says:there remains, however, a difficulty arising from the necessarily temporary character of the regulation, on its face it is directed to meeting the situation which may not last through the remaining life of the national security act and yet there is nothing in the regulation itself to restrain its operation either by reference to a fixed period or to any event or condition...if a power applies to authorise measures only to meet facts the measure ..... of course supports the contention of the petitioner, but the learned judge has relied upon some english cases reported in (1918) 1 kb 101 (z2); (1918) 1 kb 673 (z3) and (1930) 2 kb 98 ..... (z4). in (1918) 1 kb 101 (z2) a distinction was drawn between an ordinary law enacted by parliament after due publicity and the defence of realm regulations, and it was pointed out that there was about statutes a ..... nov. 21, 1918 cannot be said to have ceased to be valid prior to the limitation ..... nov. 21, 1918, must depend not upon the existence of a technical state of war, terminable only with the ratification of a treaty of peace or proclamation of peace, but upon some actual emergency or necessity arising out of the war or .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1953SC244; (1953)55BOMLR526; 1953CriLJ1049; [1953]4SCR773
..... it was considered that if the intention was to extend the act to these areas, such an intention could only be carried out by enacting in act xxxi of 1948 a proviso like the one enacted in the cotton cloth and yarn (control) order, 1945, or by use of language similar to the one used in section 9 of the bombay general clauses act, 1904. ..... the corollary thus of declaring the provisions of section 25 of the bombay general clauses act applicable to the repeal of the ordinance and of deeming that ordinance an enactment is that wherever the word 'ordinance' occurs in the notification, that word has to be read as an enactment. 11. ..... , provides - 'where any enactment is, after the commencement of this act, repealed and re-enacted by a bombay act, with or without modification, then, unless it is otherwise expressly provided, any appointment, notification, order, scheme, rule, bye-law or form made or issued under the repealed enactment shall, so far as it is not inconsistent with the provisions re-enacted, continue in force, and be deemed to have been made or issued under the provisions so re-enacted unless and until it is superseded by any appointment, notification ..... by section 15(1) of the act it was provided that - 'the bombay building (control on erection) ordinance, 1948, is hereby repealed and it is hereby declared that the provisions of sections 7 and 25 of the bombay general clauses act, 1904, shall apply to the repeal as if that ordinance were an enactment.' 6. .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(2)BomCR183
..... die law requires, and a person is not liable in negligence because someone else of greater skill and knowledge would have prescribed different treatment or operated in a different way; nor is he guilty of negligence if he has acted in accordance witii a practice accepted as proper by a responsible body of medical men skilled in that particular art, even though a body of adverse opinion also existed among medical men. ..... is impossible to conclude that the surgeon with such special skill would allow himself to ignore the required speed with which to act while the patient was under his care and failed to put him in the care of better infrastructural facilities which alone could ..... slow in attributing negligence to the doctor based upon his medical opinion or hold him guilty of negligence for selecting a particular course of action, it was observed in paragraph 16 that in cases where doctors' act carelessly and in a manner which is not expected of a medical practitioner, then in such a case an action in torts would be maintainable. ..... supra) in which a distinction was made between tortuous and criminal liability for the act of negligence, the argument that negligence was the same in tortuous and criminal ..... referring to the relevant part of the bolam's test cited above - 'negligence means failure to act in accordance with standards of reasonably competent medical men at that time' shows that the requirement of maintaining a chart showing the kidney function, which was reasonably expected of .....
Tag this Judgment!Court : Gujarat
Reported in : 1984(17)ELT268(Guj); [1973]31STC115(Guj)
..... entry clearly distinguished a saree which was decorated during the course of weaving from a saree which was decorated after the process of its manufacture was over, that though embroidered cotton sarees may, in ordinary parlance, be called cotton fabrics, the legislative intent was not to treat them as such if embroidery or decoration was superimposed upon the sarees after process of their manufacture was over and that ..... 19 of the first schedule to the central excises and salt act (hereinafter referred to as 'the central excises act') read as under :- 'cotton fabrics : cotton fabrics mean all varieties of fabrics manufactured either wholly or partly from cotton and include dhoties, saris, chadars, bedsheets, bed-spreads, counter-panes and table-cloths but do not include any such fabric : (a) if it contains 40 per cent or more by weight of wool; (b) if it contains 40 per cent or more by weight of silk; (c) if it contains 60 ..... in the bombay sales tax act, 1963, which was repealed by the bombay sales tax act, 1959, 'cotton fabrics' as such were not exempt from ..... the bombay sales tax act, 1959 which repealed the bombay sales tax act, 1953 and the bombay sales tax laws (special exemptions) act, 1957 received assent of the ..... section 15, as substituted, re-enacted the provisions of the repealed section which has placed a two-fold restriction on the power of the state legislature in the matter of imposition of tax on sales or purchases of declared goods : in addition, it imposed one more .....
Tag this Judgment!Court : Mumbai
Reported in : (1960)62BOMLR277
..... it appears, however, that the government of bombay, in the year 1947, was of the view that the control exercised by government over the cotton market under the bombay cotton contracts act of 1932 had proved ineffective in actual practice and though the act provided that forward contracts other than those made through recognised association were void, in fact forward trading took place outside recogniseed associations and in a manner which was detrimental ..... the argument is that parliament was competent tpo amend and alter rthe essential supplies act after the constitution by virtue of article 369, which empowered it to make laws with respect to trade and commerce within a state in, and the production, supply and distribution of, cotton and other matters for a period of five years from the commencement of the constitution, as if these matters were enumerated in the concurrent lists; and it is further iurged ..... alter, repeal or amend the bombay act, it must be assumed that in issuing the notification as provided under cotton control order, 1950, there has been an implied repeal of s ..... chhatrapati has further argued that even assuming there is no implied repeal of section 8 of the bombay act, it should be held that his clients's contracts had specified the conditions ..... (9) in order to appreciate the point as to the alleged repugnancy betweeen the bombay act and the notification issued under the central cotton control order of 1950, it is necessary to note, to some extent, the history of .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1990KAR3051
..... points that arise for consideration are as follows:1) whether the 1923 act was repealed?2) whether the 1966 act is the continuation of the 1923 act and if so, whether the liabilities incurred and the rights accrued under the 1923 act could be enforced under the 1966 act?3) whether the 2nd respondent was competent to determine the arrears and demand the arrears of cotton cess as excise duty?4) whether the demands are barred by ..... the collection of any duty, or of any deficiency in duty if the duty has for any reason been short-levied, or of any other sum of any kind payable to the central government under the act or these rules, the proper officer may serve a notice on the person from whom such duty, deficiency in duty or sum is recoverable requiring him to show cause to the assistant collector of central excise ..... central excise rules, 1944, whereas the learned additional central government standing counsel placed reliance on rule 10a of the very same rules, sub-section (2) of section 15 of the 1966 act reads as follows:'the provisions of the central excise and salt act, 1944 and the rules made thereunder, including those relating to refunds and exemptions from duty, shall, so far as may be, apply in relation to the levy and collection of ..... forms filed from july 1953 to 30th july 1960, the excise inspector in-charge, leather-cloth division, made an assessment in the appropriate portion of those forms showing rate of duty and the amount of total duty payable as 'nil' and affixed his .....
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