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Judgment Search Results Home > Cases Phrase: government of india act 1800 repealed repealing act 1 government of india act 1915 1919 Page 1 of about 213 results (0.203 seconds)

Apr 29 2005 (HC)

Sadhu Varahala Babu and ors. Vs. Government of A.P., Co-operation Depa ...

Court : Andhra Pradesh

Reported in : 2005(5)ALT126

..... of the government of india act, 1915. ..... government of india act ..... that the hindustan shipyard limited was owned up to 80 per cent of the shares by the government of india and controlled by the government of india through appointment of its directors and issuance of instructions, advances and subsidies. ..... that the bihar industrial and technical consultancy organisation limited (bitco) is an instrumentality of the state by taking into consideration its articles of association and functions that (1) it was treated as a unit of the state government under the rules of executive business, (2) that it is established to promote industrial growth in the state, which is a matter of governmental concern, (3) that the said body was set up to promote industrial ..... certain writs:(1) notwithstanding anything in article 32 every high court shall have power, throughout the territories in relation to which it exercises jurisdiction, to issue to any person or authority, including in appropriate cases, any government, within those territories directions, orders or writs, including (writs in the nature of habeas corpus, mandamus, prohibition, quo-warranto and certiorari, or any of them, for the enforcement of any of the rights conferred ..... the letters patent of the high courts of patna established in 1916, of lahore in 1919, of rangoon in 1922 and of nagpur in 1936, do not differ materially in their terms and ..... of madras supreme court charter, 1801 by repealing the provisions of calcutta charter of 1774. ..... 1800 .....

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Apr 22 1978 (HC)

Mohan Agarwal Vs. Union of India (Uoi) and ors.

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 section 321 of the government of india act, 1935, repealed the earlier government of india act, 1915, but section 292 thereof saved the existing law by providing:'notwithstanding the repeal by this act ot the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 by a competent legislature or other competent authority. ..... 'this act continued till the government of india act, 1915 repealed it. ..... 179 pated sept 12, 1836) was expressly saved by the government of india act, 1915 and was never thereafter specifically repealed? ..... 85.the government of india act, 1833.the whole act, except section one hundred and twelve.the effect of this repeal was that the government of india act, 1833 was repealed in its entirety except section 112 which ran as under :--'the island of saint helena, and all forts, factories, public edifices, and hereditaments whatsoever in the said island, and all stores and property thereon fit or used for the service of the government thereof, shall be vested in his majesty, and the .....

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Feb 27 1962 (SC)

R.C. Jall Vs. Union of India (Uoi)

Court : Supreme Court of India

Reported in : AIR1962SC1281; [1962]Supp3SCR436

..... court withdrew the case and took it on its own file for trial on the ground that important questions of interpretation of the government of india act, 1935, and the constitution were involved, and it was numbered as civil suit no. ..... of the repealing ordinance provided that the unexpanded balance, if any, at the credit of the coal production fund constituted under the aforesaid ordinance shall be applied to such purposes connected with the coal industry, as the central government may direct. ..... 3 of the repealing ordinance, the central government is authorized to apply the coal production fund to such purposes connected with the ..... the india and burma (emergency provisions) act, 1940, had the effect of equating ordinances which were promulgated between june 27, 1940, and april 1, 1946, with acts passed by the indian legislature without any limitation of time as regards their duration, and therefore continuing in force until they were repealed. ..... act, or any central act or regulation made after the commencement of this act, repeals any enactment hitherto, made or hereafter to be made, then unless a different intention appears, the repeal shall not :- x x x x x (c) affect any right privilege, obligation of liability acquired, accrued or incurred under any enactment so repealed. ..... what was the effect of the expiry of the repealing ordinance on the said liability continued after repeal in respect of past transactions the repealing ordinance, being a temporary one, expired after it fulfilled .....

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Feb 14 2008 (HC)

The Bihar Agriculture Marketing Board Employees Association Through It ...

Court : Patna

..... section 107 of the government of india act, 1935, a precursor of article 254 of the constitution which provided that if any provision of a provincial law is repugnant to any provision of a federal law, which the federal legislature is competent to enact, or to any provision ..... on and from the date of repeal of the act of 1960, all officers and employees of the board shall remain in employment, as if the act has not been repealed and they shall continue to be paid same salary and allowances as were payable on the date of repeal of the act of 1960 till such time state government has taken such final decision as ..... if we examine the matter in the light of aforesaid principles the contentions of invalidating a legislative enactment founded on (i) non-consideration of relevant aspects of the matter before enacting the repeal act or not, (ii) not making an enquiry before the change of legislative policy or (iii) enacting a law with ulterior motive of acquiring the assets of the market board or (iv) power having ..... that immovable and moveable assets in possession of administrator or special officer, as the case may be, shall remain in their possession for and on behalf of the state government, and clause (v) of section 4 of the repeal act provides that the state government may issue such direction, order, instructions as is deemed necessary and expedient to maintain security and safety of assets or to prevent any kind of injury, damage or dissipation of assets and such direction, order or .....

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Jul 02 1957 (HC)

S.S. Nirmalchand S/O. S.S. Ratanchand and anr. Vs. Smt. Parmeshwari De ...

Court : Madhya Pradesh

Reported in : AIR1958MP333

..... the contention that it should be deemed to be repealed because the government of india act is no longer operative would be well-founded if the repealing statute had not any saving clause ; craies on statute law ..... , the indian independence act, 1947, and the government of india act, 1935, together with all the enactments, amending or supplementing the latter act, but not including the abolition of privy council jurisdiction act, 1949, have been repealed. ..... to be that the letters patent having its authority under the government of india act, stands abrogated under the article as the parent act itself has been repealed.7. ..... was exercisable under the corresponding provision of the government of india act, 1935, namely s. ..... is not an enactment which amends or supplements the government of india act. ..... chand, air 1931 sind 42 (z11), to the effect that an oral agreement between the parties to a decree varying thy terms of the decree can be proved and the proof thereof is not barred by section 92 of the evidence act, and that an oral agreement that an instalment of the decree is to be paid in court, which is later on actually so paid, amounts to an adjustment of the decree within the meaning of order 21, rule 2 and is capable of proof, ..... the rule-making power of the high court under section 108 of the government of india act, 1915, which is referred to in clause 10 of the letters patent, has continued unimpaired, as held in the case ..... , ilk 41 all 443 : (air 1919 all 303) (j) and satyabadi sahu .....

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Jan 01 1974 (HC)

Ram Chander Sagar Vs. Delhi Administration and ors.

Court : Delhi

Reported in : ILR1975Delhi284

..... which excluded the police personnel from the ambit of the rules framed under section 241 of the government of india act and which (but for its repeal) could have excluded the rules framed under article 309 of the constitution, the rules framed under section 241 of the government of india act or its successor article 309 of the constitution became applicable to the police personnel in the same way as they were applicable to other civil servants quite ..... , further continuation, notwithstanding the repeal of the government of india act and certain other enactments by the constitution ..... the government of india act, 1935 was repealed by article 395 of the constitution which did not contain any provision corresponding to section 243 of the said act. ..... but the government of india act, 1935 was repealed by article 395 of the ..... respect, the attention of their lordships was not invited to the repeal of section 243 of the government of india act. ..... question would naturally arise whether the ccs(ts) rules which could not apply to the police personnel till the commencement of the constitution in view of section 243 of the government of india act, 1935 became applicable to the police personnel from and after january 26, 1950 when the constitution came into force. ..... in section 7 by orders after the government of india act, 1935 was enacted and later on the commencement of the constitution to bring the act in conformity first with the government of india act, 1935 and then with the constitution. .....

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Apr 08 1970 (HC)

J.D. Kapadia Vs. Union of India (Uoi) and ors.

Court : Gujarat

Reported in : (1971)12GLR938

..... in council may by order prescribe.xxx xxx xxx xxx xxx.articles 561 and 983 as they stood at the date of the coming into force of the government of india act, 1935 were therefore, clearly statutory rules relating to the indian civil service made under section 96b sub-section (3) and by reason of section 276 of the government of india act, 1935, they continued in force notwithstanding the repeal of the government of india act, 1915 and were deemed to be rules made under section 247 of the ..... as already stated section 96b was introduced in the government of india act, 1915 by the government of india act, 1919 and omitting portions immaterial it provided:96b. ..... prior to the enactment of the government of india act, 1919, which amended the government of india act, 1915 by introducing section 96b with effect from 23rd december 1919, there were in force certain rules known as the civil service regulations which applied generally to all civil services under the crown. ..... thereof.xxx xxx xxx xxx xxx(4) for the removal of doubts it is hereby declared that all rules or other provisions in operation at the time of the passing of the government of india act, 1919, whether made by the secretary of state in council or by any other authority, relating to the civil service of the crown in india, were duly made in accordance with the powers in that behalf, and are confirmed, but any such rules or provisions may be revoked, varied or added to by rules .....

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Jul 27 1966 (HC)

Zoolfiqar Ali Currimbhoy Ebrahim Vs. the Official Trustee of Maharasht ...

Court : Mumbai

Reported in : (1967)69BOMLR326; 1967MhLJ694

..... it says that notwithstanding the repeal of the government of india act all the laws in force in british india immediately before the commencement of the government of india act 'shall continue in force in british india until altered or repealed or amended by a competent legislature or other competent authority'. ..... now, by the proviso to article 254(2) the constitution has enlarged the powers of parliament, and under that proviso, parliament con do what the central legislature could not under section 107 of the government of india act, and enact a law adding to, amending, varying or repealing a law of the state, when it relates to a matter mentioned in the concurrent list. ..... now, by the proviso to article 254(2) the constitution has enlarged the powers of parliament, and under that proviso, parliament can do what the central legislature could not under section 107(2) of the government of india act, and enact a law adding to, amending, varying or repealing a law of the state, when it relates to e matter mentioned in the concurrent list. ..... both these acts revoked and extinguished the trusts created by the original acts which constituted the baronetcies namely the sir chinubhai madhavlal ranchhodlal baronetcy act, 1924 and the sir sassoon jacob david baronetcy act, 1915. ..... province of west bengal air [1919] cal. 1, f.b. .....

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Jan 05 2000 (HC)

Mora Ho Vs. State of Bihar and ors.

Court : Patna

..... (ii) with the enactment of the government of india act, 1915, substantive part of the legislation by british parliament of chapter act, 1833, was wholly repealed and regulation xiii of 1833 made under the said act also stood repelled and the wilkinson's rules, which are said to have been framed under the said regulation also stood repealed, inasmuch as petitioner section 130 of the government of india act, 1915, nor the 4th schedule of the said act saved regulation xiii of 1833 or wilkinson ..... it is true that various acts including government of india act, 1833 specified in 4th schedule were repealed by the government of india act, 1915 but even after repeal of the act the validity, rule, resolution ..... counsel appearing for the petitioner, that the wilkinson's rules did not exist any more after regulation xiii of 1833 was repealed by government of india act, 1915, also has no leg to stand. ..... existing law of india to continue in force - notwithstanding the repeal by this act of 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 by a competent legislature or other ..... from bare reading of clause (a) of the proviso to section 130, it is clear that even after repeal of government of india act, 1833 the regulation and the rule namely, wilkinson's rules , which was admittedly in force, has not .....

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Oct 30 1971 (HC)

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

Court : Delhi

Reported in : ILR1972Delhi804

..... constitution is regarded as an order 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. ..... what was the effect of the repeal of the government of india act, 1915-1919 by the government of india act. ..... 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. ..... , speaking for the division bench observed that the jurisdiction under article 227 of the constitution (which is the same as it was under section 107 of the government of india act, 1915) was revisional jurisdiction as contrasted with the extraordinary original jurisdiction of the high court under article 226 of the coustitution. .....

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