Court : Allahabad
Reported in : AIR1979All170
..... section 321 of the government of india act, 1935, repealed the earlier government of india act, 1915, but section 292 thereof saved the existing law by providing:'notwithstanding the repeal by this act ot the government of india act, but subject to the other provisions of this act, all the law in force in british india immediately before the commencement of part iii of this act shall continue in force in british india until altered or repealed or amended ..... law made under the 1833 act was continued in force by section 65 of the government of india act, 1858 which continued 'all acts and provisions now (then) in force' section 130 of the government of india act, 1915 ..... act, 1915 being itself a constitution act saved the law made in exercise of the legislative powers given by the constitution act ..... : air1973delhi169 the same provisions were considered and it was held that the language of the 1833 act and of the 1915 act indicated 'that the orders which were rescinded and also the regulations which were promulgated were both ..... third column of that schedule :provided that this repeal shall not affect--(a) the validity of any law, charter, letters patent, order in council warrant, proclamation, notification, rule, resolution, order, regulation, direction or contract made, or form prescribed, or table settled under any enactment hereby repealed and in force at the commencement of this act, or(b) the validity of any appointment, or any grant or appropriation of money or property made ..... preamble .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (1996)130CTR(SC)143; [1996]217ITR746(SC); JT1995(8)SC257; 1995(6)SCALE508; (1996)1SCC443; [1995]Supp5SCR285
..... that 'on breach of any of the conditions of this licence or of any of the provisions of the madhya pradesh excise act, 1915, or the rules made thereunder , this licence may be cancelled by the collector.'6. ..... he is not so satisfied, he shall pass an order in writing refusing to register the firm.11. the position emerging from the above two sub-sections is this; an application for registration of a firm for the purposes of the act could be made on behalf of any firm if the partnership was evidenced by instrument and that instrument specified the individual shares of the partners ..... the assessee had requested the high court to direct the tribunal to state the following question of law for its opinion:whether on the facts and in the circumstances of the case, the applicant could be refused registration under section 185 of the income-tax act, 1961 on the ground that its constitution was illegal for breach of the provisions of clause vi of the general licence conditions made under the excise rules, ..... learned counsel says, the said partnership would not be recognised by, and may not be able to enforce any of their right against, the excise department but so far as the income tax act is concerned, such a partnership existed in fact and did actually do the business during the relevant previous year ..... the preamble to the partnership deed reads:whereas shri girdharilal son of buddhulal jaiswal of ambikapur has secured the excise contract of two liquor shops goda chowk and talaiya in bhopal in sehore .....
Tag this Judgment!Court : Mumbai
Reported in : 2000(2)BomCR293
..... during the period when the bombay town planning act, 1915 as in operation, the said act conceived of reservation for public purposes being prescribed only by the town ..... enactment in this respect is the town planning act of 1915 which had introduced only the concept of town ..... ]4scr647 and pointed out that the expression 'shall have regard to' used in the delhi rent control act was the subject matter before the supreme court and the supreme court, by majority, had upheld the view of the punjab high court holding that the provisions of the act would apply, and where the new act has slightly modified or clarified the previous provisions, these modifications and clarifications should be applied ..... that, in the present case, the town planning scheme was brought into existence under the bombay town planning act, 1915, kept alive under the bombay town planning act, 1954, even varied once in 1979, and was in existence on january 11, 1967 when the m.r.t.p. ..... for the first time, bombay town planning act, 1915, attempted to bring a semblance of order ..... of the act says that it is an act intended to consolidate and amend the law for making certain town planning schemes, but its preamble states. ..... keep in perspective the historical background of the evolution of the law on the subject, we notice that prior to 1915 development of cities was somewhat haphazard and depending on convenience as there were only municipal bye laws and regulations to control development and construction within the areas of .....
Tag this Judgment!Court : Delhi
Reported in : AIR1991Delhi253
..... and it is expressly declared that a full, complete, and constantly existing right and power is intended to be reserved to parliament to control, supersede, or prevent all proceedings and acts whatsoever of the said governor general in council, and to repeal and alter at any time any law or regulation whatsoever made by the said governor general in council, and in all respect to legislate for the said territories and all the inhabitants thereof in as full and ample ..... states in alliance with the said company; save and except that the said governor general in council shall not have the power of making any laws or regulations which shall in any way repeal, vary, suspend, or affect any of the provisions of this act, or any of the provisions of the acts for punishing mutiny and desertion of officers and soldiers, whether in the service of his majesty or the said company, or any provisions of any ..... 130 of the 1915 act, it is clear that the laws and regulations, which were in force were ..... is true that the preamble does not expressly state that the regulations were issued under section 43 of the government of india act, 1833. ..... thirdly, the words in the preamble of the order such as 'to rescind the various, orders now in force' 'the following regulations, which are to have effect from the date of its promulgation' indicate that the orders, which were rescinded ..... ' the preamble of order 179 of 1836 purports to rescind the various orders in force till then and to substitute for them the regulations .....
Tag this Judgment!Court : Mumbai
Reported in : 1996(2)BomCR503
..... that calls for consideration is whether by exercising the discretion the commissioner of the municipal corporation, pune has excesses the power and authority conferred upon him and has acted in excess or in defiance of the statutory provisions while granting permission to the plot holders for the construction of mangal karyalaya on the said plot.49. ..... the act known as bombay town planning act of 1915 was in acted and as stated ..... reproduced hereinabove, it will be obvious and apparent that the legislature having regard to the principal objects of the act thought it wise and proper to put restrictions upon any action of the functionary of the said act being subjected to challenge, in the court of law and for that matter for the scrutiny of the court. ..... preamble of this act itself sets forth the very object and purpose of this act ..... whereas, guide-lines to be followed, as the preamble of development regulation provides, while enforcing the provisions of the development plan are ..... great deal of emphasize is placed on the preamble of the development regulations reproduced hereinabove and in ..... act as its preamble indicates are designed to ensure planning and development of the lands in the regions, preparation and implementation ..... is clear from the preamble of the development regulations ..... the preamble of the said regulations read:'regulations for enforcing the provisions of the development plan and for explaining the manner in which necessary permission for developing any land can be obtained .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1932Bom319; (1932)34BOMLR129
..... the whole case depends on the applicability of (sic) vii of 1863, and from the preamble and heading of the act and the provisions given above, i am of opinion that the act (sic) only with payments to be made by the subject to government, and has no reference to payments to be made by government to the subject. ..... it has further been contended on behalf of the plaintiff that even supposing government did make a settlement with the plaintiff under the rules framed under the act, the settlement which they have made is the commutation of five anas (sic) in the rupee, and that the rules do not (sic) of the basis on which the plaintiff's two per cent. ..... plaintiff did not know of the increase in the revenue caused by the settlement until government after a great deal of delay furnished him with the figures, and it was not till 1915 that the case was finally decided against him, and he then sued at once in 1916, the present suit being brought after he obtained his certificate under the pensions act, which was held by this court to be necessary in the former suit. ..... i, therefore, agree that the plaintiff's cause of action accrued after the final orders of government were communicated to him in 1915 and the suit is not barred by limitation falling as it does under article 131 of the indian limitation act. ..... thereupon the plaintiff protested and appealed to the higher authorities and his request was finally turned down in the year 1915 (see answer to question no. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1933All764
..... . apparently these rules were not brought to the notice of the court and the court proceeded on the assumption that the only powers of legislation were those quoted from section 65 of the act and schedule 5, both of which provisions date from the earlier government of india act of 1915, and not from the later act of 1919 which gave wider powers in accordance with the montague-chelmsford reforms ..... execution to the collector of the district within which the constituency concerned is situated, and an order so sent shall be executed by the collector in the same manner as if it were an order passed by the collector in proceedings under the agra tenancy act, 1901, or the oudh rent act, 1886, as the case may be.39 to show that the high court has superintendence over the election court under section 107, government of ..... . to keep the legislation in harmony the provision is made in section 80-a as follows:(3) the local legislature of any province may not, without the previous sanction of the governor-(sic), make or take into consideration any law : (f) regulating any provincial subject which has been declared by rules under this act to be either declaration in whole or in part, subject to legislation by the indian legislature in respect of any matter to which such declaration applies.28 ..... . act 4 of 1925, which states in the preamble that the governor-general has given his previous sanction required by section 80-a, sub-section (3), government of india act .....
Tag this Judgment!Court : Karnataka
Reported in : 1990CriLJ1159; ILR1989KAR3572; 1990(1)KarLJ201
..... the observations of the supreme court, extracted in para 65 of this order, make it amply clear that the parliament has, by virtue of entry 77 in list-i and entry 14 in list-iii of the seventh schedule, power to enact law to define and limit the powers of the courts in punishing contempt of court and to regulate their procedure in relation thereto. 89. ..... dealing with the question, the supreme court held that the jurisdiction vested in a high court as a court of record is a special jurisdiction not arising or derived from the provisions of the act of 1952 and, therefore, not within the purview of either the indian penal code or the code of criminal procedure 1898. ..... : 1964crilj590 , the supreme court, reiterating the position in law that the high court's powers for punishment of contempt have been preserved by the constitution and that they are also inherent in a court of record observed that the only curbs on the powers of the high court to punish for contempt of itself were those contained in the contempt of courts act (the act of 1952) which limited the term for which a person can be imprisoned to six months ..... the preamble to the contempt of courts act, 1926 (the act of 1926 for short) reads : 'whereas doubts have arisen as to the powers of a high court of judicature to punish contempts of subordinate courts : and whereas it is expedient to resolve these doubts and to define and limit the powers exercisable by ..... then came the government of india act 1915. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1963All528
..... procedure for eviction of trespassers involves delay to the detriment of public interest and continued occupation of trespassers of government land interferes with its planned use, the preamble of the act contains no reference to interference with planned use of government land or the public interest and the act contains no provision to suggest that it was meant to be applied only to land, possession over which was immediately required for planned useor in public interest. ..... a rational distinction between one class and another is not required to state the basis for the distinction in the preamble, for it is well settled that a law will be held to be constitutional if on a reasonable hypothesis it can be thought to be constitutional. ..... attacked the government land (eviction and recovery of rent) act of 1953 (to be referred to as 'the act of 1953') asunconstitutional on account of its infringing his fight to equal protection of the law and equality before the law guaranteed by article 14 of the constitution, claimed adhivasi rights ..... land (eviction and recovery of rent) act of 1953 was constitutional, that 1960 all lj 52 does not lay down the correct law and that the impugned orders are valid also according to the uttar pradesh public land (eviction and recovery of rent and damages) act, 1959, the constitutionality of which ..... to government is land belonging to the entire public of the state and a law made in the interest of the entire public of the state cannot be said ..... (1915) 60 law ed .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1967SC212; 1967CriLJ265; [1966]3SCR830
..... in this connection learned counsel has drawn our attention to several rulings in which the question of excessive delegation has been considered by this court and in particular we have been referred to re the delhi laws act, 1912, : [1951]2scr747 , hamdard dawakhana (wakf) lal kuan v. ..... continuing validity of any notification, appointment, regulation, direction or determination made thereunder and in force immediately before the commencement of part iii of the government of india act, 1935 : provided that, where immediately before the first day of april, 1937, any enactment is, by virtue of any notification made under this act, in force in any area in british india, either with or without restrictions or modifications, the central government, in relation to matters enumerated in list i of the seventh schedule ..... when the government of india act, 1915 (5 & 6 geo v, ch. ..... this state of affairs existed right down to the government of india act, 1915. ..... the preamble of the scheduled districts act shows that these backward tracts were never brought within, but from time to time were removed from, the operation of general acts and regulations and the jurisdiction of the ordinary courts of judicature was also excluded. ..... 61) was enacted, while repealing by the fourth schedule the government of india act, 1870, section 71 was included in the 1915 act which, in effect, provided the same procedure for making and applying laws as had been provided by the act of 1870. .....
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