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Municipal Corporation of Delhi Vs. Tyagi Anani and Company (P) Ltd.

Court : Delhi

Reported in : ILR1972Delhi804

..... passed by the high court in its original jurisdiction or whether it is regarded as an order passed by the high court in exercise of the power of judicial superintendence originally conferred on it by section 107 of the government of india act, 1915 which was repealed and re-enacted by section 224 of the government of india act, 1935 which in its turn repealed and re-enacted by article 227 of the constitution, the result is the same, namely, that the present appeal is not maintainable under clause 10 of the letters patent. ..... from the appeals which can be filed under clause 10 of the letter patent would cover all orders passed by the high court in its revisional jurisdiction even though the revisional jurisdiction may not be confined to section 115 civil procedure code but may include other statutes and even though the scope of the jurisdiction under each of these statutes may differ in details(5) learned counsel for the appellant argues that ..... the legislature would not have mentioned that orders passed in exercise of the power of superintendence under the provisions of section 107 of the government of india act, 1915 are excluded from the appeals which can be filed under clause 10 if these orders could be regarded as made by the high court in the exercise of 'revisional jurisdiction. ..... there is no exhaustive statutory definition as such of 'revisional jurisdiction'. .....

United States Vs. Klein

Court : US Supreme Court

..... it is true that the section of the act of congress which purported to authorize the proclamation of pardon and amnesty by the president was repealed on the 21st of january, 1867, but this was after the close of the war, when the act had ceased to be important as an expression of the legislative disposition to carry into effect the clemency of the executive, and after the decision of this court that the president's power of pardon "is not subject to legislation;" that "congress ..... it is thus seen that, except to property used in actual hostilities, as mentioned in the first section of the act of march 12th, 1863, no titles were divested in the insurgent states unless in pursuance of a judgment rendered after due legal ..... the section of the act of 1862, by which the president was authorized to extend pardon and amnesty on such conditions as he should deem expedient for the public welfare, was repealed on the 21st of january, ..... , as any part of the proof to sustain the claim of the claimant, or to entitle him to maintain his action in said court of claims, or on appeal therefrom; but the proof of loyalty required by the abandoned and captured property act, and by the sections of several acts quoted, shall be made by proof of the matters required, page 80 u. s. ..... " [ footnote 18 ] it is not important, therefore, to refer to this repealing act further than to say that it is impossible to believe, while the repealed provision was in full force, and the faith of the legislature page 80 u. .....

B. Sankappa Rai and ors. Vs. Central Registrar of Co-operative Societi ...

Court : Karnataka

Reported in : ILR2004KAR4298; 2004(7)KarLJ330

..... of the same, he has placed reliance on the following decisions of the kerala high court, reported in 1992(2) klt 673; 1993(1) klt 538 and 1996(1) klt 27 wherein provisions of sections 7,9,12 and 27 of the kerala co-operative societies act and rules which are similar to the provisions of both the repealed act and act of 2002 have been interpreted and it is held that the amended bye laws will have retrospective effect. ..... without authority of law then the alternative remedy is no bar to exercise the power under article 226 of constitution of india, accordingly point (a) is answered.point (b): this point relates to the effect date of amended bye laws of section 10 of the act 2002 and section 9 of the repealed act relates to acceptance of the amended bye-laws. ..... this contention cannot be accepted in view of law laid down by the supreme court in : [1970]75itr174(sc) , wherein it has after interpretation of section 2(44)(ii) ( as substituted by section 4 of finance act, 1963) has clearly held that by issuing the notification in exercise of the powers conferred under the said provisions, the state government cannot invest the tahsildar with the powers of a tax ..... 3 and 4 have placed reliance on section 10 and 12 of repealed act and the act 2002, to contend that an amendment of the bye laws of a society, will come into force on the day on which it is registered by the registrar of co-operative societies by issuing certificate of registration unless it is specifically mentioned that it has .....

Smt. Saroj Vs. Smt. Imarta Saini and Others

Court : Allahabad

Reported in : 2000(4)AWC3152

..... in chapter iii of the amending act of 1994, certain provisions of municipalities act, were drastically amended and by section 163 in chapter iv of the amending act, the town areas act was repealed, the effect of which is that town areas act stands wiped of or say effaced. ..... municipalities act and the repeal of the town areas act, the legal position, as it emerges, is that the election of the adhyaksh of a nagar panchayat is subject to challenge by a petition presented before the district judge under the provisions of section 20 of the u. p. ..... munshi and others : [1963]3scr858 , to support his contention that an addition to the former act is not necessarily incorporated in the subsequent act and the repeal of the earlier act does not affect the provisions of the subsequent act bywhich the repealed provisions have been adopted. 7. ..... sri ajit kumar has pointed out that the election of adhyaksh of a nagar panchayat under the provisions is subject to challenge in an election petition by virtue of section 6h of the town areas act, whereby the procedure contained in sections 19 to 28 of the municipalities act, 1916, has been adopted to deal with the election petitions. ..... the thrust of the argument is that since an election petition under the provisions of section 20 of the municipalities act is presentable before the district judge exercising jurisdiction in the area, it cannot be transferred to any other officer including the additional district judge. .....

State of Madhya Pradesh Vs. Shantilal and ors.

Court : Madhya Pradesh

Reported in : 1976CriLJ256

..... shrinbai : [1955]1scr206 , it was laid down as follows:.ordinarily there should be a close approximation between the non obstante clause and the operative part of the section, the non obstante clause need not necessarily and always be co-extensive with the operative part, so as to have the effect of cutting down the clear terms of an enactment. ..... roy : 1966crilj1538 while construing the meaning of the expression 'employer' given in section 2(e) of the coal mines provident fund and bonus schemes act, 1948 defined with reference to the indian mines act, 1923 which was repealed and substituted by the mines act, 1952, similarly in n. c. j. ..... : [1953]4scr1028 , it was held that reference in clause 15 of the letters patent (bombay) to section 108 of the government of india act, 1915 after its repeal should be read as a reference to the corresponding provision of the 1935 act and the constitution in state of u.p. v. m. p. ..... collector, central excise : 1978(2)elt393(sc) , it was held that a reference to sea customs act, 1878 in section 12 of the central excises and salt act, 1944 must be construed as a reference to the customs act, 1962, all these decisions were given on the basis of section 8(1) of the general clauses act, 1897 which is substantially the same as section 38 (1) of the english interpretation act, 1889,10. ..... singh : 1960crilj750 , it was held that reference to the factories act, 1934 in the definition of a 'commercial establishment' in section 2 (3) of the u, p. .....

Commissioner of Income-tax, Gujarat-ii Vs. Siddharth J. Desai

Court : Gujarat

Reported in : (1982)28CTR(Guj)148; [1983]139ITR628(Guj)

..... atvajulal village adajan, taluka chorasi,chunilal district surat; land surroundedby residential locality; sale : [1979]120itr21(guj) in favour of a co-operativehousing society after obtainingpermission under section 63 of thetenancy act; land not convertedinto non-agricultural use priorto sale and over several yearsused for agricultural purposes;even on the date of sale cropsgrown yes.2. ..... under culti-vation up to the date of sale; : [1981]127itr371(bom) very small income as compared tothe investment made, derived fromagricultural operational permissionfor sale obtained under section 63of the tenancy act; sale in favourof co-operative housing societies;high price obtained on sale; landsituate in residential area, yes.10. ..... high court held that the land was classified and assessed to land revenue as 'agricultural land' under the andhra pradesh land revenue act and that that circumstance coupled with certain other circumstances present in the case led to the conclusion that the land was agricultural. ..... it would thus appear that any attempt to devise any strait jacket formula, howsoever precisely conceived and designed to cover all situations, would not prove to be a profitable exercise and that it may not always produce ..... village) in ahmedabad; : [1981]131itr120(guj) actually used for raising crop forfour years up to the date of sale;permission under section 63 of thetenancy act obtained for sale; salefor non-agricultural use; landcovered by t.p.scheme; residentiallocality nearby. .....

Commercial Taxes Officer, Circle 'B' Jaipur Vs. Hemraj Udhyog and Anr. ...

Court : Rajasthan

Reported in : [1987]64STC324(Raj)

..... aforesaid case, we hold that although a different view about the interpretation of section 11b of the act is reasonably possible, yet in view of the long string of decisions of the board of revenue existing over a long period of almost ten years and more particularly in view of the fact that the new provisions contained in section 11b of the act are materially different from the repealed provisions of that section, in our view, it would not be proper to take a different interpretation of the provisions ..... a period of three months and at one and a half per cent per month thereafter during the time he continues to make default in the payments :provided that, where, as a result of any order under this act, the amount, on which interest was payable under this section, has been reduced, the interest shall be reduced accordingly and the excess interest paid, if any, shall be refunded : provided further that no interest shall be payable' under this ..... it cannot definitely be held that the view taken by the board of revenue is wholly erroneous and the language employed by the legislature in section 11b of the act is capable only of one interpretation that interest is imposable also on fractions of a month. .....

Kasarla Radha Kishan Rao Vs. the Special Collector (La) Srsp Project, ...

Court : Andhra Pradesh

..... , are hereby quashed; ii) respondents are directed to notify the land of the petitioner admeasuring ac.1.24 guntas in sy.no.597, situated at hanamkonda revenue village, hanamkonda mandal, warangal district, by issuing fresh notification under section 4(1) of the land acquisition act and pass appropriate award, as expeditiously as possible, preferably within a period of six months from the date of receipt of this order; iii) it is made clear that the petitioner is entitled for additional ..... as contended by the learned government pleader for the respondents, while it is true that whenever advance possession is taken, the provision under section 11-a of the land acquisition act cannot be made applicable and the acquisition proceedings would not lapse on failing to make award within the prescribed period, but, it is to be noticed that the scope of delay ..... case, it is interesting to notice that though the land in question, which is in urban agglomeration, is notified, basing on the notification issued under section 4(1) of the land acquisition act, impugned award is passed fixing the compensation payable to the petitioner at the rate of rs.7,500/- per acre and total compensation of rs.12,000/- is ..... repealed act, petitioner made representation to the 2nd respondent to issue fresh notification under section 4(1) of the land acquisition act in respect of the land covered by sy.no.597 admeasuring ac.1.24 guntas, possession of which was taken under the provisions of the land acquisition act .....

C. Hanumanthappa S/O. Chinnappa Vs. State of Karnataka Represented by ...

Court : Karnataka

Reported in : 2007(4)KarLJ394; ILR2007(2)Kar1845; 2007(3)KCCRSN124; 2007(3)AIRKarR510;

..... of entire 10 acres on the ground that 7 acres was not an agricultural land as on 1.3.1974 is erroneous in view of the definition under section 2 (a) (1) of the land reforms act as the said conversion would not change the nature of land because poultry farming and dairy farming also fall within the definition of agriculture under the land reforms act as on 1.3.1974.according to the writ petitioner/landlord the petitioner/tenant was never a tenant under his father mr. ..... the court observed that the mere use of the word 'substituted' does not ipso facto or automatically repeal a provision until the provision which is to take its place is constitutionally permissible and legally effective. ..... case of a legislative enactment, there would be no repeal of an existing law unless the substituting act or provision has been validly enacted with all the required ..... 474:where an act passed after 1850 repeals wholly or partially any former enactment and substitutes provisions for the enactment repealed, the repealed enactment remains in force until the substituted provisions come into operation. ..... not think that the word substitution necessarily or always connotes two severable steps, that is to say, one of repeal and another of a fresh enactment even if it implies two steps. ..... three judges bench repelled the argument that since the word 'substituted' was used in the amending act of 1949, it necessarily followed that the process embraces two distinct steps, one of repeal and another of a fresh enactment. .....

Prapul Chandra Mukpalkar and anr. Vs. P. Ramachandra Reddy and anr.

Court : Andhra Pradesh

Reported in : 1998(2)ALD569; 1998(2)ALT766

..... other view and even while accepting such sale transactions between the two parties through the sameowner, society, it was the title of the former which would prevail over the latter in view of section 48 of the transfer of property act and further, it was not the case of adverse possession, whereby the plaintiffs were not expected to prove the title within twelve years next before the suit and it was for the ..... it is not part of the law that every purchaser should come into possession of an immovable property by virtue of the sale transaction nor it is one of the ingredients of the sale of an immovable property under section 54 of the transfer of properly act because always a person holding title or better title can get the possession of the property either by volition or by enforcement of the same in a court of law. ..... of limitation under articles 142 and 144 of the repealed limitation act examining the question whether the plaintiffs were in possession of the suit plot within twelve years next before the suit by relying on some pronouncements without following the fundamentals that no repealed law can be made use of unless saved in the new law, which is the limitation act, 1963, whereby it was articles 64 and 65 of the limitation act which were relevant to be considered in dealing with the ..... the implications and the distinction between the two articles, one repealed and the other existing, have been explained by the learned author sri u.n. .....