Court : Chennai
Reported in : 86Ind.Cas.485
..... power the legislature had before the government of india act of 1858 and it cannot be said that the indian legislature enacted a provision, it had no power to enact, before the government of india act of 1858. ..... there ia nothing in the government of india act or in any other act of parliament which in any way limits the power of ..... the government of india act conferred upon the indian legislature the powers which it had when the government was under the east ..... the government of india act of 1858, 21 & ..... 67, section 22, from legislating directly as to the sovereignty or dominion of the crown over any part of its territories in india, or as to the allegiance of british subjects, could not, by any legislative act, purporting to make a notification in a government gazette conclusive evidence of a cession of territory, exclude enquiry as to the nature and lawfulness of that ..... lordships of the privy council held that it is open to the court to consider whether a purpose which was declared to be a public purpose by the government was a public purpose or not in that case, the government proposed to acquire certain lands for building houses for government servants and wanted to resume the land which was granted under the sanad to the plaintiff's predecessor-in-title. ..... under the act of 1833, iii & iv william, ..... iv, section 43, the governor-general in council was given power to make laws and regulations and to repeal, amend or alter any laws of regulations whatever then in force or thereafter to .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1955Cal581,59CWN531
..... he, however, said as follows:'in view of the fact that the government of india act, 1935, has been repealed and the provisions of our constitution on this point are different from those of the government of india- act, the question has also become. ..... a writ of certiorari, therefore, falls within the expression 'sue' used in section 176, government of india act, 1935, and the remedy therefore is within the express terms of the statute. ..... , instead of the secretary of state in council the federation of india and/or the provincial government were substituted, and the liability was subject jo any provision enacted by the respective legislature.it has now been held, as pointed out above, that the words 'sue or be sued' appearing in section 176, government of india act, 1935 included proceeding in certiorari. ..... , pointed out that the only section authorising such a suit or proceeding is section 176, government of india act, 1935, which authorised the use of the name of the province only in respect of certain suits and proceedings which did not include an application for the issue of a writ of 'quo warranto'.reference was also made to ..... the provision was reproduced in the government of india act, 1915.section 176(1), government of india act, 1935 also reproduced the same provision with two points of differences e.g. ..... ', (1833) 4 b & ad. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : [1951]2SCR747
..... . this act was passed by the dominion legislature of india, functioning under section 18 of the government of india act, 1935 (as adapted by the indian independence act 1947); and it is not disputed the ajmer-merwara not being a province within the meaning of section 46 of the government of india act, the dominion legislature under section 100(4) of the act had the right to legislate with respect to all matters specified in the three legislative lists attached to the seventh schedule of the constitution act ..... the 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 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 in force ..... . 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 .....
Tag this Judgment!Court : Chennai
Reported in : AIR1925Mad837; (1925)48MLJ204
..... ' this power the legislature had before the government of india act, 1858, and it cannot be said that the indian legislature enacted a provision that it had no power to enact before the government of india act of 1858. ..... the government of india act conferred upon the indian legislature the powers which it had when the government was under the east india company. ..... the government of india act of 1858, 21 and 22 victoria, cap. ..... there is nothing in the government of india act or in any other act of parliament which in any way limits the power of the indian legislature to frame laws for the acquisition of land and so the enactment called the land acquisition act is not ultra vires of the indian legislature.7. ..... under the act of 1833, iii and iv, william iv, section 43, the governor-general in council was given power to make laws and regulations and to repeal, amend, or alter any laws or regulations whatever then in force or thereafter to be enforced. ..... 67, section 22 from legislating directly as to the sovereignty or dominion of the crown over any part of its territories in india, or as to the allegiance of british subjects, could not, by any legislative act, purporting to make a notification in a government gazette conclusive evidence of a cession of territory, exclude inquiry as to the nature and lawfulness of that cession. .....
Tag this Judgment!Court : Chennai
Reported in : (1902)ILR25Mad457
..... various departments of the government of india and of the local governments from writs of injunction.indian registration act, section 90--exempts from the operation of the act various documents issued by government.indian easements act, section 2 (a) and (b)--exempts certain prerogatives and customary rights of the crown from the operation of the easements act.the crown grants act, xv of 1896--exempts crown grants from the operation of the transfer of property act, both retrospectively and prospectively.the civil procedure code, sections 295 (proviso), 356 (b) and ..... of princes and states in alliance with the said company; save and except that the said governor-general in council shall not have the power of making any laws or regulations which shall in any way repeal, vary, suspend or affect any of the provisions of this act or any of the provisions of the acts for punishing mutiny and desertion of officers and soldiers whether in the service of his majesty or of the said company, or any provisions of any ..... it is unnecessary to advert to the powers of the indian legislature and the course of indian legislation prior to 3 & 4 william iv (1833), cap. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1939All106
..... thinks that though the ruling held that such cases do come under the land acquisition act, where the government claims, that the land belongs to it, some further distinction can be established from the words used in the full bench ruling on page 667:if we look at sections 4 and 6, land acquisition act, we find that what is to be acquired is land, and nothing apart from ..... that there was no jurisdiction for the district judge under the land acquisition act, where the collector claimed the-land as belonging to government, because section 15 contemplated a dispute between persons who appeared in response to a notice under section 9, and the collector himself was not such a person. ..... page 861 their lordships stated:their lordships however have no doubt that, when government are acquiring immovable property for a public purpose under act 1 of 1894, it is for the person claiming compensation to establish his ..... east india company's charter act of 1833, 3 ..... it was replaced by the regulation of 12th september 1836, which provided in 6 (1st):the government to retain the power of resumption at any time on giving one month's notice and paying the value of such buildings as may have ..... banerji that the present case could not have been brought under the land acquisition act because that act deals only with the acquisition of land, and that here the secretary of state claims the land as owned by him, and applies asking for compensation to be ..... 1836 which has never been repealed has therefore the force .....
Tag this Judgment!Court : Chennai
Reported in : (1902)12MLJ208
..... various departments of the government of india and of the local governments from writs of injunction.indian registration act, section 90 - exempts from the operation of the act various documents issued by government.indian easements act, section 2(a) and (b) - exempts certain prerogatives and customary rights of the crown from the operation of the easements act.the crown grants act (xv of) 1895 - exempts crown grants from the operation of the transfer of property act, both retrospectively and prospectively.the civil procedure code, sections 295 (proviso), 356(b) and ..... of princes and states in alliance with the said company; save and except that the said governor general in council shall not have the power of making any laws or regulations which shall in any way repeal, vary, suspend or affect any of the provisions of this act or any of the provisions of the acts, for punishing mutiny and desertion of officers and soldiers whether in the service of his majesty or of the said company, or any provisions of any ..... it is unnecessary to advert to the powers of the indian legislature and the course of indian legislation prior to 3 and 4 william (1833) 4 c. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1970MP172; 1970MPLJ306
..... in england section 28 of the civil procedure act, 1833 has been repealed and replaced by section 3 of the law reforms (miscellaneous provisions) act, 1934 which empowers a court to allow interest from the date of the cause of action to the date of judgment in any proceedings for recovery of 'any debt or damages. ..... this act is modelled on the language used in section 28 of the english civil procedure act, 1833. ..... as regards any period after the institution of suit, the power to award interest in india is governed by section 34 of the code of civil procedure, 1908. ..... there is no similar provision in india and the award of interest for any period after judgment is govered by section 34 of the code of civil procedure.11. ..... ' in exercise of this power, the state government has framed rules known as the madhya, pradesh motor accidents claims tribunal rules, 1959. ..... ' the change introduced by the law reforms act thus enables a court in england to award interest for a period prior to the date of suit even when the suit is for recovery of unliquidated damagest no such change has taken place in india and interest cannot be awarded for a period prior to the date of suit when the suit is for recovery of unliquidated damages. ..... the power of a court to allow interest prior to the date of suit is governed by the interest act, 1839. ..... banwarilal, 1966 mplj 464 = (air 1968 mp 2s9), union of india v. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1933All764
..... to the local legislature to modify, by passing the district boards act, 1922, the civil procedure code, so far as it allows a right of appeal or a right of revision against the order of a district judge, but by section 80-a, sub-section (4), government of india act, the local legislature has no power to make any law affecting any act of parliament, and therefore it has no power to interfere with the superintendence granted by the government of india act, to the high court, over all courts within its appellate jurisdiction ..... , and an order so sent shall be executed by the collector in the same manner as if it were an order passed by the collector in proceedings under the agra tenancy act, 1901, or the oudh rent act, 1886, as the case may be.39 to show that the high court has superintendence over the election court under section 107, government of india act, it must be shown that the election court is a 'court for the time being subject to its appellate jurisdiction. ..... section 42 laid down that local legislatures couldmake laws and regulations for the peace and good government of such presidency, and for that purpose to repeal and amend any laws and regulations made prior to the coming into operation of this act by any authority in india, so far as they affect such presidency : provided always, that such governor in council shall not have the power of making any laws or regulations which shall ..... government of india act, 1833, legislation was vested in the governor-general of india .....
Tag this Judgment!Court : Allahabad
Reported in : 147Ind.Cas.148
..... it may be open to the local legislature to modify, by passing the district boards act, 1922, the civil procedure code, so far as it allows a right of appeal or a right of revision against the order of a district judge, but by section 80-a, sub-section (4) of the government of india act, the local legislature has no power to make any law affecting any act of parliament, and, therefore, it has no power to interfere with the superintendence granted by the government of india act, to the high court, over all courts within its appellate jurisdiction.6. ..... these rules were not brought to the notice of the court and the court proceeded on the assumption that the only powers of legislation were those quoted from section 65 of the act and the fifth schedule, both of which provisions date from the earlier government of india act of 1915, and not from the later act of 1919 which gave wider powers in accordance with the montagu-chelmsford reforms. ..... section 42 laid down that local legislatures could make laws and regulations for the peace and good government of such presidency, and for that purpose to repeal and amend any laws and regulations made prior to the coming into operation of this act by any authority in india, so far as they affect such presidency provided always, that such governor in council shall not have the power of making any laws or regulations which shall in any way ..... under the government of india act, 1833, legislation was vested in the governor-general of india in council. .....
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