Court : Allahabad
Reported in : AIR1961All531; 1961CriLJ586a
..... question of law raised in this case is that section 7 of the criminal law amendment act, 1932 is ultra vires of the constitution and the proceedings pending against the petitioner were illegal ..... 'it, therefore, appears that the criminal law amendment act, 1932 was a weapon placed in the hands of the executive authorities to check the attempts to paralyse government and to safeguard law-abiding citizens from being subjected ..... and section 7 of the criminal law amendment act, 1932, in the: court of a judicial magistrate ..... opinion the whole of section 7 of the criminal law amendment act, 1932 is intra vires of the constitution. ..... 7 of the criminal law amendment act, 1932 runs as follows :- '7 ..... this question we would first mention that the criminal law amendment act was passed in the year 1932, many years before the constitution of india came into existence ..... in this case the learned judges came to the conclusion that certain portions of section 7 of the criminal law amendment act are definitely intra vires of the constitution, though it may be questionable whether some others are also intra vires ..... the power and the duty of the state to take adequate steps to preserve the peace and to protect the privacy, the lives, and the property of its residents cannot ..... the purpose thereof, the surrounding circumstances andconditions, the mischief which it intended to suppress, the remedy for the disease which the legislature resolved to cure and the true reason for the remedy; bengal immunity co. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1998CriLJ2439
..... under section 3 of the act and the criminal law amendment act, 1932 provided for summary trials for offences covered by such orders yet it was felt that the improvement over such procedure in order to make the trial of offences under the act generally quick and effective, be immediately made to ensure proper supply and distribution of essential commodities to the community and to bring the offences against the act to book as early as possible. ..... by amending act of 1971 it was considered desirable to place section 12 a of the act and section 8a of the criminal law amendment act, 1952 permanantly on this statute book looking to the continued violation and contravention of the act and the orders made thereunder the offences under the act were made non-bailable by amending act no. ..... the act, as amended and modified by the essential commodities (special provisions) act, 1981, which amendment act was further amended by the essential commodities (special provisions) continuance act 1987 and also by recent decision of the parliament, lays down no special provisions regulating the procedure of summary trial spoken of in clause (f) of section 12aa (1) and sub-section (2) thereof and makes the provisions contained in sub- ..... state of west bengal air 1963 sc 1696: (1963 (2) cri lj 534), the particulars regarding date or time relating to the alleged criminal breach of trust or dishonest misappropriation of money were not mentioned in the charge gajendragadkar, j. .....
Tag this Judgment!Court : Delhi
Reported in : 105(2003)DLT1; 2003(69)DRJ598; [2003]259ITR108(Delhi)
..... pointed out that section 319 of bengal municipal act, 1932 expressly states that even in a case of deemed permission, the applicant cannot execute the work 'so as to contravene any of the provisions of this act or of schedule vi or any ..... for fire prevention and fire safety measures specified for building or premises shall be as are provided in building bye-laws in 1983 or as may be amended from time to time thereafter, relating to the following matters:-(1) means and access(2) underground/overhead water static tanks. ..... ' in the opinion of this court, considering the provisions of the local acts, namely, new delhi municipal council act and delhi municipal corporation act, safety act, safety rules and the building bye laws no one can execute the work so as to contravene the provisions contained in the local acts or building bye-law and thereforee it cannot be said that in view of ..... so far as the existing but unoccupied buildings and buildings under construction are concerned, the respondent authorities acting under bye laws are directed not to grant occupancy certificate unless and until sufficient fire protection system is installed, is made operational and is certified by the fire ..... despite this stringent provisions on account of negligence, inaction on the part of fire safety department or on account of illegal act on the part of the builders, owner or occupier occupying the building without providing fire safety measures is nothing but permitting illegalities with ..... preserved .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (2004)187CTR(SC)219; [2004]266ITR721(SC); JT2004(1)SC375; 2004(1)SCALE425; (2004)10SCC201
..... act as they stoodimmediately before the coming into force of the-aforesaid act as if theaforesaid act had not come into force;";(k) in clause (gh), for the words "coal mine", the words "coal-bearingland" shall be substituted;(l) in clause ..... issued on or after the date of commencement of the west bengal taxation laws (amendment) act, 1992:provided that interest under clause (ga) or clause (gb) in respect of anyperiod ended on or before the 31st day of march, 1992, or interest underclause (gc) in respect of assessment, for which notices of demand ofeducation cess under, clause (d) are issued before the date of commencementof the west bengal taxation laws (amendment) act, 1932, shall continue tobe payable in accordance with the provisions of this ..... purposes it would seem proper to lookupon as being made in the exercise of that authority which is inherent inevery sovereignty, to make all such rules and regulations as are needful tosecure and preserve the public order, and to protect each individual in theenjoyment of his own rights and privileges by requiring the observance ofrules of order, fairness and good neighborhood, by all around ..... ". section 15 of the act has excepted and preserved thepower of state governments to make .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1952Cal907
..... prior to the passing of this ordinance, an act known as the bengal local self-government (west bengal amendment) act 1947 (west bengal act 9 of 1947) was passed on 5th january 1948. ..... on 30th march 1950, an amending act was passed being west bengal act 14 of 1950 which extended the life of west bengal act 23 of 1948, up to 15th december 1950. ..... but notwithstanding this result the state government took the precaution of preserving the life and status of the newly constituted district board by a saving provision in the shape of section 9 in the west bengal act 23 of 1948, and further extended the life of the west bengal act 23 of 1948 by west bengal act 14 of 1950 and west bengal act 51 of 1950. ..... on 30th april 1949, a notification was issued under west bengal act 23 of 1948 amending the second notification of 10th may 1948, and it substituted in place of 'one year' the period of 'one year 8 months' as the period of office of the members of the district board.12. ..... it is well settled that an ordinance can amend an act of the legislature. ..... this very contention was put forward with regard to section 21 of ordinance 2 of 1932 but was negative by this court in the case reported in jayendra chandra v. ..... section 21 of ordinance 2 of 1932 authorizes the imposition of sentences of impris ninent that may extend to two years, and is clearly within the competence of the indian legislature to create offences by statute an 1 to make them punishable in this manner : it was, therefore, prima .....
Tag this Judgment!Court : Kolkata
Reported in : (1999)1CALLT63(HC),1998(2)CHN276
..... leave to exercise their option in relation to the secondary teachers the learned judge observed :-'the aforesaid memorandum dated 31st july, 1981 shall not be operative in case of those primary teachers who are covered by the bengal (rural)primary education act, 1930 until the existing rule 4a framed under the said act of 1930 is suitably amended, and if already amended, the memorandum of 31st july, 1981 shall be applicable to them as well with all its force.'11. ..... and other persons shall be deemed to be employed by the ad-hoc committee appointed under section 93 in relation to the district (3) all primary schools recognised under the bengal (rural) primary education act, 1930 or the west bengal urban primary education act, 1963, shall be deemed to have been recognised under this act until the expiration of the period of recognition subject, however, to the power of the primary school council having jurisdiction to withdraw recognition in accordance with the provisions ..... ordinarily, the teachers who were governed by the old terms and conditions, they are entitled to keep and preserve the same in full and there was no difficulty and accordingly we are clearly of the view that the learned judge was wrong in holding that the said rule 4a would not be applicable as the same has ..... -the said act had no application in relation to the town of calcutta and any area where a municipality under the provision of bengal municipality act, 1932 would be constituted. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1950Cal536,54CWN626
..... section 43, bengal municipal act, 1932 or section 39b of the said act are both acts of the provincial legislature and even though assent of the governor general had been obtained under section 80a(3), government of india act, 1915, as amended in 1919, the said sections would be ultra vires of the provincial legislature; by reason of section 80a(4), government of india act, because the said sections 39b and 43 affected the powers of revision of the high court to interfere with the orders of the election ..... of this court to interfere with the decision of the district judge have been taken away by sections 39b and 43 of the act; but contended that even though the original act of 1932 and the amending act of 1936 were passed with the previous sanction of the governor-general under sub-section (3) of section 80a, government it india act, then in force the sections are ultra vires of the provincial legislature on the following grounds : (1) because the said sections ..... pareshnath mukherjee in the following manner: (a) the old courts of sudder dewany adalat and supreme court had jurisdiction to revise decisions of provincial courts; such jurisdiction was preserved by section 9, high courts act 1861 (24 and 25 vict. ..... pareshnath mukherji sought to wriggle out of the position by submitting that section 223, government of india act, 1935, has preserved the old powers of the high court conferred by section 9, charter act and section 107, government of india act, 1915. .....
Tag this Judgment!Court : Kolkata
Reported in : (1999)2CALLT430(HC)
..... in any event non-approval of the site for construction for the reasons as stated in the affidavit-in-opposition cannot be sustained in law as the west bengal municipal act, 1932 does not provide any norms for such non-approval.4. ..... a building plan may have various technical requirements both for the purpose of stability and safety of the construction as well as for preservation of space and/or spaces in between the buildings and/or between the proposed construction and the public or private roads as per the standard or specification that ..... by the writ petitioners and during the construction of the said cinema housing vacant space has been kept in front of the cinema house and other sides also as per provisions of sechedule vi of bengal mlnlclpallty act, 1932. ..... approved for the erection of a buildng and no building plan shall be sanctioned unless a certificate from the competent authority, as defined in clause (d) of section 2 of the urban land (celling and regulation) act, 1976 (33 of 1976), to the effect that there is no objection to the transfer of the land under sub section (3) of section 5 of that act, has been submitted along with the application for sanction of building plan under the rules made under this ..... such administrative decision in exercise of the power under the statute is not amendable to the jurisdiction of this court unless it is shown to be arbitrary, malafide and/or no reasonable man whould come to such a decision on the materials on which the municipality had .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1993Cal249
..... said case it was held that section 156 of the calcutta improvement act contains provisions almost similar to section 538 of the calcutta municipal act, 1923, section 535 of the bengal municipal act, 1932 and section 586(1) of the calcutta municipal act, 1951. ..... so far as other claims made in the suit are concerned, the same were specifically preserved by the consent order itself and the same were not in any event given up by the said ..... no suit shall be instituted against the board, or any trustee, or any officer or servant of the board, or any person acting under the direction of the board or of the chairman or of any officer or servant of the board, in respect of any act purporting to be done under this act or any rule made hereunder, unfil the expiration of one month next after written notice has been delivered or left at the board's office or the place of abode of such officer, servant ..... that view of the matter, i am of the view that section 156 of the calcutta improvement act has no application to the instant suit and no notice as required under the said section was ..... the division bench held that section 156 of the calcutta improvement act, 1911 was not of universal application and the said provisions applied to certain kind of suits not to all suits against the authorities mentioned in ..... in addition or in substitution, subsequently given notice abandoning his claim for specific performance, he cannot recover damages for breach of the contract without amending his plaint. .....
Tag this Judgment!Court : Delhi
Reported in : ILR1980Delhi263
..... 238 of the punjab municipal act, as applied to delhi, section 553 of the bengal municipal act, 1932, and sections 313 and 315 of the maharashtra municipalities act, 1965, do not provide for giving any opportunity to the municipal committee to present its case before it is superseded for incompetence, failure to perform duties or ..... conclusions :(33) for the above reasons, we sum up our conclusions as follows : (1) the power of the government to supersede the municipal committee under section 238(1) of the punjab municipal act, 1911 can be exercised if (a) facts exist which can be objectively proved to be true or correct; and (b) from which the government can infer that the committee is incompetent, made persistent default or has ..... run as below: '(1)should a committee be incompetent to perform, or persistently make default in the performance of, the duties imposed on it by or under this or any other act, or exceed or abuse its powers, the state government may, by notification, in which the reasons for so doing shall be stated, declare the committee to be superseded. ..... the merits of the supersession are lor the government to judge and that 'not to make decisions that others should make, is to preserve morale, to develop competence, to fix responsibility, and to preserve authority' (chester bernard, 'the functions of the executive p. ..... the punjab legislature was influenced by this trend and thought it fit to amend section 238 in 1973 to provide for hearing before the committee can be .....
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