Judgment Search Results Home > Cases Phrase: government of india act 1833 repealed Page 1 of about 415 results (0.069 seconds)

Mora Ho Vs. State of Bihar and ors.

Court : Patna

..... it is true that various acts including government of india act, 1833 specified in 4th schedule were repealed by the government of india act, 1915 but even after repeal of the act the validity, rule, resolution ..... 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 been ..... this is the reason why even after the repeal of government of india act, 1833 the wilkinson's rules continuously remained in force in the kolhan area till ..... therefore, incorrect to say that by the passage of time the government of india act, 1833 lost its force and the regulations and the rules framed thereunder have been repealed and have become non-existent. 60. ..... 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of india act, 1915, substantive part of the legislation by british parliament of chapter act, 1833, was wholly repealed and regulation xiii of 1833 made under the said act also stood repelled and the wilkinson's rules, which are said to have been framed under the said regulation also stood repealed, inasmuch as petitioner section 130 of the government of india act, 1915, nor the 4th schedule of the said act saved regulation xiii of 1833 or wilkinson's rules. ..... learned 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appearing for the petitioner, that the wilkinson's rules did not exist any more after regulation xiii of 1833 was repealed by government of india act, 1915, also has no leg to stand. .....

Shital Parshad JaIn Vs. Union of India and Others

Court : Delhi

Reported in : AIR1991Delhi253

..... it may be stated here that although the government of india act, 1833 is superseded by the promulgation of the government of india act, 1858, to the extent provisions are made therein, but the 1858 act does not in any way repeal the laws and regulations made by the governor general of india in council. ..... the government of india act, 1833 in fact came to be repealed by the government of india act, 1915. s. ..... 45 of the government of india act, 1833, it would appear that all laws and regulations made in exercise of the legislative power so long as they remain un repealed, shall be of the same force and effect as any act of parliament, and shall be taken notice of by all courts of justice whatsoever within the territories in the same manner as any public act of parliament would and ought to be taken notice of. ..... 43 of the government of india act, 1833 expressly stated as follows: 'that the governor general in council shall have power to make laws and regulations for repealing, amending, or altering any laws and regulations whatever now in force. ..... lekhi, after the promulgation of the government of india act, 1858, 1833 act stood repealed and only orders, regulations and directions given or made by the court of directors or by the commissioners for the affairs of india before the commencement of the act 1858 would remain in force and no other orders, regulations and directions shall remain in force. .....

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

Court : Allahabad

Reported in : AIR1979All170

..... 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 said island ..... shall be governed by such orders as his majesty in council ..... 179 of 1836 was thus a statutory law made under a constitution act and could not therefore come to an end by mere repeal of the government of india act, 1833 particularly when that law was specifically saved by the repealing act. ..... ' the effect of the repealing act could only be the repeal of the remnants of the government of india act, 1833, viz. ..... 85)'the effect of the repeal was the repeal of whatever had remained subsisting of the government of india act, 1833. .....

Norbert EdwIn Nugent Vs. Marjory Julia Nugent

Court : Allahabad

Reported in : AIR1937All129

..... section 73, government of india act, 1833, has been repealed and by section 65(1)(d), government of india act, 1919, which replaced it, the indian legislature is empowered to make laws for the government of. ..... 4, states:the indian legislature had, by section 73, government of india act, 1833...power to make laws for all 'native officers and soldiers,' that is for all persons permanently subject to military law and regularly commissioned, appointed, or enrolled into the military service of the crown in india who are 'natives of the east indies or other places within the limits of the company's charter,' in fact for all asiatics in the indian army. ..... in the government of india act, 1935, section 110 provides:nothing in this act shall be taken (b) to empower the federal legislature, or any provincial legislature : (i) to make any law affecting...the army act.29. ..... there is a similar restriction in the-government of india act, 1935, section 110(b)(i), that the army act cannot be affected. ..... although that act is amended every year the expression 'the governor-general in council' has not been amended to 'the indian legislature' and apparently the power to make laws under the amended section 136 has not been given to the indian legislature, and this is also shown by the quotation above from section 110(b)(i), government of india act, 1935. ..... this was an innovation, because the different acts for the government of india definitely forbade any laws repealing or affecting the army act. .....

Barindra Kumar Ghose and ors. Vs. Emperor

Court : Kolkata

Reported in : (1910)ILR37Cal467

..... on that occasion was section 43 of the government of india act, 1833 (3 & 4 will. 4, c. ..... first, as to the facts generally, the case for the prosecution is that definite information of the existence of a secret society formed with the object of subverting the king-emperor's government in india was obtained by the criminal investigation department in october 1907, and that information was confirmed shortly afterwards by the futile attempt which was made to wreck the lieutenant-governor of bengal's special train ..... , which provides that, 'whoever within or without british india conspires to commit any of the offences punishable by section 121, or to deprive the queen of the sovereignty of british india, or of any part thereof, or conspires to overawe, by means of criminal force or the show of criminal force, the government of india or any local government, shall be punished with transportation for life or any shorter term, or with imprisonment of either description which may ..... 67), where it stands enacted by parliament that 'the governor-general in council shall not have the power of making any laws and regulations which shall repeal or in any way affect....any part of the unwritten laws or constitution of the united kingdom of great britain and ireland, whereon may depend in any degree the allegiance of any person to the crown ..... was, word for word, the same as that reproduced above from the statute of 1861, which in this respect merely repealed and re-enacted the earlier provision. mr. .....

Barihdra Kumar Ghose and ors. Vs. Emperor

Court : Kolkata

Reported in : 7Ind.Cas.359

..... occasion was section 43 of the government of india act, 1833 (3 & 4 will. 4, ..... , as to the facts generally, the case for the prosecution is that definite information of the existence of a secret society formed with the object of subverting the king-emperor's government in india was obtained by the criminal investigation department in october 1907, and that that information was confirmed shortly afterwards by the futile attempt which was made to wreck the lieutenant-governor of ..... conspiracy is charged, the case rests on section 121a, which provides that, 'whoever within or without british india conspires to commit any of the offences punishable by section 121, or to deprive the queen of the sovereignty of british india, or of any part thereof, or conspires to overawe, by means of criminal force or the show of criminal force, the government of india or any local government, shall be punished with transportation for life or any shorter term, or with imprisonment of either description which ..... 67), where it stands enacted by parliament that 'the governor-general in council shall not have the power of making any laws and regulations which shall repeal or in any way affect...any part of the unwritten laws or constitution of the united kingdom of great britain and ireland, whereon may depend in any degree the allegiance of any person ..... word for word, the same as that re-produced above from the statute of 1861, which in this respect merely repealed and re-enacted the earlier provision. mr. .....

Raj Singh Vs. the Union of India and ors.

Court : Delhi

Reported in : AIR1973Delhi169

..... (a) that they are statutory regulation issued under section 43 of the government of india act, 1833 and (b) that they are only administration instructing got only administrative statue in support of the first view it may be pointed out that section 43 of the government of india act 1833 expressly stated as follows:-- 'that the said government general in council shall have power to make laws and regulation of repealing amending or altering any laws and regulation whatever not in force'. ..... section 45 of the government of india act 1833 states that all laws that regulations made was aforesaid shall be of the same force and effect within and throughout the said territories as any act of parliament would. ..... sec 130 of the government of india act, 1915 repe led the government or india act 1858 but provided that the repel was not to affect the validity of the regulations issued there under and in force at the commencement to the government of india act. ..... we first consider the argument of the petitioner appellant on the assumption that the order 179 of 1834 was a 'law' if so the president of india who now stands in the place of the governor general in council in view of section 64 of the government of india act. ..... section 65 act of government of india act. ..... 1772 as also by the subsequent acts including the government of india act. ..... lastly it is true that the preamble does not expressly state that the regulation were issued under section 43 of the government of india act. .....

Mohammad Mohy-ud-dIn Vs. Emperor

Court : Mumbai

Reported in : (1946)48BOMLR740

..... terms of section 22 of the indian councils act of 1861 (as amended in 1865 and 1869), and that on the true construction of section 22, the indian legislature had no power to enact a law prescribing a punishment for any offence committed by a non-british subject outside british india, alternatively, it was contended that even if the question should be determined with reference to the terms of section 73 of the government of india act of 1833, the power of the indian legislature thereunder was no wider than under ..... councils act of 1861 repealed only certain specified sections of the statute of 1833 and the continuance of the remaining provisions of the older statute was placed beyond all doubt by an express provision in the latter part of section 2 to the effect that'' all other enactments whatsoever now in force with relation to the council of the governor general of india. ..... section 73 of the act of 1883, not being one of the sections specifically repealed, would thus be one of the provisions ..... the governor general in council, in the exercise of this general power, from making any laws or regulations 'which shall repeal or in any way affect any of the provisions' of various acts of parliament. ..... this power of the governor general in council could be traced only to section 73 of the government of india act of 1833, he argued that the assumption made by parliament in the later act might legitimately be used as an aid in interpreting the general or ambiguous language of the earlier act. .....

In Re: the Delhi Laws Act, 1912, the Ajmer-merwara (Extension of Laws) ...

Court : Supreme Court of India

Reported in : [1951]2SCR747

..... indian central legislature was given power to convert itself into a constituent assembly to frame a constitution of india, including the power to amend or repeal the government of india act, 1935, which till the new constitution was adopted, was to be the constitution of the country. ..... section 22 substantially re-enacted the provisions of section 43 of the act of 1833 subject to the proviso that the governor-general in council should not have power to repeal or affect the provisions of this act of 1861 or other acts therein specified ..... this meant that section 45 of the act of 1833 which gave to the laws made by the governor-general in council the force of an act of parliament continued, so that the laws made under the act of 1861 by the governor-general in council also had in british india the force of an act of parliament ..... . section 2 repealed sections 40, 43, 44, 50, 66 and 70 of the act of 1833 and provided that all other enactments whatsoever then in force with relation to the council of the governor-general or to the councils of the governors should continue ..... subject to such conditions as he may think fit to impose, the power so conferred to any other authority to be specified by him in that behalf; (b) for parliament, or for the president or other authority in whom such power to make laws is vested 1833, the laws used to be passed by the governor-general in council or by the governors of madras and powers and the imposition of duties, upon the union or officers and authorities thereof. .....

Sarju Prasad Vs. Bhagwati Prasad

Court : Allahabad

Reported in : AIR1925All542

..... sub-section 2 of the section just mentioned gives authority to a local legislature to repeal or alter, as to its own province, any law made either before or after the commencement of the government of india act by any authority in british india other than that local legislature.6. ..... , however, has argued that the amending act, act viii of 1923, was ultra vires of the local legislature, and in this connection he refers to section 80(a), sub-section 2 of the government of india act. ..... under section 80, sub-section 1 we find that the local legislature of any province has power, subject to the provisions of the act, to make laws for the peace and good government of the territories for the time being constituting that province and we have no doubt whatever that the power to make laws for peace and good government includes the power to amend and alter or, if necessary, repeal laws previously enacted by that local legislature. ..... without sub-section 2 no local legislature would have authority to repeal or alter, as to its own province, any enactment made by the legislature of any other province, and it was for that express purpose that power was given under sub section ..... as the act now stands, therefore, it seems quite clear that in the case with which we are concerned the court below was entitled to refer to the wajib-ul-arz of 1833 which admittedly contains a record of the custom of pre-emption.5. ..... two wajib-ul-arzes were filed in the case, one of the year 1833 and the other of 1860 and dr. .....