Judgment Search Results Home > Cases Phrase: dominion act 1948 Page 1 of about 427,420 results (0.295 seconds)

Synthetics and Chemicals Ltd. and ors. Vs. State of U.P. and ors.

Court : Supreme Court of India

Reported in : AIR1990SC1927; JT1989(4)SC267; 1989(2)SCALE1045; (1990)1SCC109; [1989]Supp1SCR623

..... it appears that on 3rd april, 1948 the constituent assembly acting as the dominion legislature passed the indian power alcohol act, 1948 which received the assent of governor ..... state government shall have the exclusive right or privilege of importing, exporting, transporting, manufacturing, bottling, selling, buying, possessing or using any intoxicant, hemp or toddy, and whenever under this act or any licence, permit, pass, thereunder any fees are levied and collected for any licence, permit, pass, authorisation or other permission given to any person for any such purpose, such ..... scr 319 this court was dealing with dealing with denatured spirit and had held that the bihar orissa excise act, insofar as it related to denatured spirit, was regulating trade and business in public interest; and that entry 8 of list ..... that any matter which is included in the list of provincial subjects set out in part ii of schedule i of the said act shall, to the extent of such inclusion, be excluded from any central subject of which, but for such inclusion, it would ..... general sales tax act, 1948 so as ..... of the said act, the legislature of each of the new dominions was to have full powers to make laws for that dominion including laws having extra ..... the declaration made by the dominion legislature under entry 34 of list i of the 7th schedule to the government of india act, 1935. ..... british parliament passed the indian independence act, 1947 making provisions for the setting up in india of two independent dominions. .....

Kolandayammal Vs. Sinnavelappa Goundan and ors.

Court : Chennai

Reported in : AIR1952Mad27; (1951)2MLJ438

..... pending the appeal the provincial insolvency amendment act 1948 was passed by the dominion legislature, and, under the amending act, the power of the father to sell his son's shares was declared to be property within the meaning of section 28 of the provincial insolvency act. ..... the learned counsel for the plaintiff-respondent contended that the provincial insolvency amendment act of 1948 is 'ultra vires' of the dominion legislature in so far as it encroached upon the forbidden field reserved for the provincial legislature under the constitution act. ..... for the aforesaid reasons, we hold that the amending act of 1948 is 'intra vires' of the dominion legislature. 9. ..... his own benefit at the commencement of his insolvency or before his discharge; provided that nothing in this section shall affect any sale, mortgage or other transfer of the property of the insolvent by a court or receiver or the collector acting under section 60 made before the commencement of the provincial insolvency (amendment) act, 1948, which has been the subject of a final decision by a competent court. ..... the question therefore is whether the 'pith and substance' of the provincial insolvency (amendment) act, 1948, is covered by item 12 of list 3, 'bankruptcy and insolvency.' 7. ..... the judicial committee heldthat the impugned legislation was 'intra vires' of the dominion parliament under section 91 of the british north america act, 186t, which empowered it to enact laws in regard to bankruptcy and insolvency. .....

Mohammad Zahural Huque Vs. State

Court : Madhya Pradesh

Reported in : AIR1950MP17; 1950CriLJ731

..... his highness the raj-pramukba of the united state of gwalior, indore and malwa states (madhya bharat) by an instrument dated 19th july 1948 offered to accede to the dominion of india, the instrument of accession was accepted by the governor-general of india on 13th september 1948 and under section 6, government of india act, 1935, the united state of madhya bharat should be deemed to have acceded to the dominion of india on this date. ..... 3 of the instrument of accession the rajpramukh accepts 'all matters enumerated in list i and list iii of section vii to the act as matters in respect on which the dominion legislature may make laws for the united state' thus, it is clear beyond the shadow of a doubt that of the several dominion authorities, the united state of madhya bharat has accepted the power of the dominion legislature only to make laws for it. ..... 17 of 1948 should be deemed to be an act of the dominion legislature. ..... general shall have the like force of law as an act passed by the dominion legislature, and there-fore, the ordinance no. ..... this fact can have no bearing on its having the force of law in the state, under s 1 the ordinance extends to the whole of india and india as defined in section 5, government of india act, 1935, includes an indian state acceding to the dominion of india in the manner provided in the act. ..... he urged that the ordinance was made and promulgated before the state acceded to the dominion of india on 13th september 1948. .....

Mineral Area Development Authority Etc. Vs. M/s Steel Authority Of Ind ...

Court : Supreme Court of India

..... act 1948 was a pre-constitutional legislation enacted by the dominion legislature governed by the goi act ..... the framers of the constitution were aware of the legislative history of the subject of mines and minerals and were aware as to how the dominion legislature had interpreted the legislative entries pertaining to regulation of mines and minerals and taxation of mineral rights under the goi act 1935.295 the constituent assembly negatived the proposal to transfer the entirety of entry 50 of list ii to list i.296 the constitution did not or could not 295 ..... contains the requisite declaration by the union parliament under entry 54 - list i and that act covers the same field as the act of 1948 (central act) in regard to mines and mineral development, it was observed that unless there were any material differences between the scope and ambit of the central act 53 of 1948 and that of the act of 1957, the matter was ..... uniform. it may be recalled here that in hingir rampur coal company's case, air1961sc459the supreme court has stated that the scope of the central act is wider than the scope of the central act liii of 1948 which by section 6(2) provided for making rules regarding levy and collection of royalties fees or taxes on minerals mined, quarried or excavated (vide ..... made. 12.3 the court observed that in hingir-rampur case, the orissa act was a post-constitution enactment (1952 act), whereas the central act of 1948 was a pre-constitution law and under entry 54 - list i parliament .....

Gasket Radiators Pvt. Ltd. Vs. Employees' State Insurance Corpn. and A ...

Court : Supreme Court of India

Reported in : AIR1985SC790; [1985(50)FLR426]; (1985)2GLR812; (1985)ILLJ506SC; 1985(1)SCALE337; (1985)2SCC68; [1985]2SCR1085; 1985(17)LC588(SC)

..... follows:the employees' state insurance act, 1948, was passed by the dominion legislature in april 1948. ..... the appellant canvasses the correctness of the judgment of the high court is that the contribution payable under chapter v-a is a fee and its levy is illegal as the act does not contemplate the rendering of any service or the conferment of any benefit to the appellant company of its employees as quid pro quo for the payment. ..... the appellant's argument proceeds on the fundamental misconception that the payment of contribution directed to be made by the employer under the 5 employees' state insurance act or other similar payment or benefit under various other social welfare legislations must either be labelled as a tax or a fee in order to attain legitimacy ..... the employees' state insurance fund which is to be utilised for the benefits to be given to the employees under the act, the cost of these benefits will not be met from the general revenues of the state, but will be borne entirely from the aforesaid fund only...the employers' contribution under the act constitutes only a fee and not a tax....the government cannot go on levying employers' contribution under section 73a of the ..... the employees' state insurance act, 1948 was enacted to provide for certain benefits to employees in the case of sickness, maternity and employment injury and to make provisions for certain other ..... appeal concerns the vires of chapter v-a of the employees' state insurance act, 1948. ..... act was enacted in 1948 .....

Saurashtra Paper and Board Mills Pvt. Ltd. Vs. State of Gujarat and an ...

Court : Gujarat

Reported in : (1992)2GLR871; (1995)IIILLJ540Guj

..... tribal development department, in exercise of powers conferred on it by clause (b) of sub-section (1) of section 3 read with sub-section (2) of section 5 and clause (i) of sub-section (1) of section 4 of the minimum wages act, 1948, fixing minimum rates of wages in respect of employees employed in the scheduled employment known 'as employment in any pulp and paper or board manufactory' with effect from 15th july, 1979.2. ..... the dominion parliament has enacted the act called as 'minimum wages act', 1948 (hereinafter referred to as the act) to ..... it may be noted here that a public authority, in order to inspire confidence in its functioning for the public interest and to satisfy the public accountability, which it owes, must act fairly and reasonably and if on the score of pubic interest, a higher tender is accepted in preference to a lower tender, it should not only record reasons for such decision, ..... in exercise of powers conferred by clause (a) of sub-section (1) of section 5 of the minimum wages act, 1948, the government of gujarat by its resolution, labour, social welfare and tribal development department dated 22nd march, 1977 appointed a committee to hold inquiry and to advise the government in ..... to the employee on account of his death or on account of his whereabout is not being known, shall be deposited with the prescribed authority under the provisions of the minimum wages act, 1948 who shall deal with the money so deposited with him in the manner prescribed under the act. .....

State Vs. Faizullabhai Abdulhussain

Court : Mumbai

Reported in : AIR1953Bom223; (1953)55BOMLR185; ILR1953Bom752

..... in so far as other provision is made by or in accordance with a law made by the constituent assembly of the dominion under sub-section (1) of this section, each of the new dominions and all provinces and other parts thereof shall be governed as nearly as may be in accordance with the government of india act, 1935', and then the sub-section goes on to specify as follows: 'the provisions of that act, and of the orders in council, rules and other instruments made thereunder, shall, so far ..... we are, therefore, of the opinion that the learned magistrate was in error in thinking that the ordinance, 34 of 1948, which was promulgated by the governor-general did not have application to baroda state although the ruler of baroda had acceded to the dominion of india with respect to matters which are admittedly covered by the schedule to the instrument of accession. ..... an ordinance made and promulgated by the governor-general shall have the like force of law as an act passed by the dominion legislature, and therefore the ordinance, 17 of 1948, should be deemed to be an act of the dominion legislature. ..... influx from west pakistan (control) act,(2) the learned trial magistrate before whom the ease was tried took the view that the influx from pakistan (control) ordinance, 34 of 1948 was a legislation by the governor-general and therefore was not an act of the dominion legislature. .....

State of Gujarat Vs. Vora Fiddali BadruddIn Mithibarwala

Court : Supreme Court of India

Reported in : AIR1964SC1043; [1964]6SCR461

..... contention was that through the agreement of merger by which the integra- tion of the sant state with the dominion of india brought about an "act of state" and that accordingly, no rights based on the agreement of merger, dated march 19, 1948, or in the supplementary letter, dated october 1, 1948, could be, asserted or enforced in the municipal courts of the successor state unless the same were recognised ..... the sovereign the fact remained that they were neither resumed by the former rulers nor confiscated by the dominion of india as an act of state and upto the 25th of january, 1950, the right and title of the grantees to continue in possession ..... appeals that the rights of the grantees to the forests were not liable to be cancelled by the dominion of india after the merger of the state of sant in june 1948, and by executive action the government of bombay was not competent to obstruct the exercise of those ..... to begin with, this court has interpreted the integration of indian states with the dominion of india as an act of state and has applied the law relating to an act of state as laid down by the privy council in a long series of cases beginning with secretary ..... menon, in october, 1948 amounted to a waiver by the dominion of india of the right of repudiation of the rights of jagirdars; (4) that after the jagirdars became the citizens of the dominion of india there could be no act of state against them; (5) that the doctrine evolved by the privy council in its decisions starting .....

H.H. Maharajadhiraja Madhav Rao Jivaji Rao ScIndia Bahadur of Gwalior ...

Court : Supreme Court of India

Reported in : AIR1971SC530; (1971)1SCC85; [1971]3SCR9

..... under article viii the rajpramukh was to execute on behalf of the united state, as soon as practicable and in any event not later than 15th june 1948 an instrument of accession in accordance with the provisions of section 6 of the government of india act, 1935 and he was to accept as matters with respect to which the dominion legislature might make laws for the united state all the matters mentioned in list i and list iii of the seventh schedule to the said ..... , the 24th november 1949whereas with the inauguration of the new constitution for the whole of india now being framed by the constituent assembly of india, the government of india act, 1935, which now governs the constitutional relationship between this state and the dominion of india, will stand repealed;and whereas, in the best interests of the state of madhya bharat, which is closely linked with the rest of india by a community of interests in the economic ..... united state of madhya bharat executed a revised instrument of accession reciting the covenant of april 1948 referring in particular to article viii of the same and declaring that he as rajpramukh was acceding to the dominion of india with intent that the governor-general of india, the dominion legislature, the federal court and any other dominion authority established for the purpose of the dominion would by virtue of the instrument of accession but subject always to the terms thereof and for .....

Controller of Estate Duty Vs. Pratapsinhji Ramsinhji

Court : Gujarat

Reported in : [2002]255ITR365(Guj)

..... , mentioned hereafter having merged in the province of bombay with the consent of the dominion of india ; whereas, under the bombay (enlargement of area and alteration of boundaries) order, 1948, issued by the governor general in the ministry of law on the 4th day of june, 1948, under section 290 of the government of india act, 1935, the governor of bombay has been authorised to make an order by a notification in the official gazette providing for the administration of the areas mentioned ..... vora fiddali badruddin mithibarwala : [1964]6scr461 , was relied upon for the proposition that the integration of indian states with the dominion of india was an act of state, and that it was open to the new sovereign not to recognise any grant created on the eve of the merger by ..... had vested in the state or had continued to remain with karansinhji after the merger of the rajpipla state along with the estate on june 10, 1948, was directly and substantially in issue and it was held that, by recognising the status of ramsinhji, the government had done purely an act of bounty and no other person could claim title, because, 'the root of title of this family after the death of karansinhji was only ..... (at annexure l in the paper-book), there remained no property with karansinhji, who at the time of his death on april 17,1957, was not competent to dispose of any of the properties which were taken over by the act of state on june 10, 1948, and had vested in the dominion of india under the merger agreement. .....