Court : Rajasthan
Reported in : AIR1951Raj45
..... an election petition is not a a civil court but a persona designata, even though he has the powers and privileges of a civil court; and hence he is not under the superintendence of the high court under section 107, government of india act. ..... section 6(e), general clauses act provides that where an act repeals any enactment, then unless a different intention appears, the repeal shall not affect an investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture ..... class magistrate at jhalawar continued to have the jurisdiction to deal with the petition of keshri prasad and others even after 16-2-1949, when, the new municipal ordinance was enacted, by virtue of sections 6(e) and 24, general clauses act, and that the district judge, jhalawar, had no jurisdiction to deal with this case. ..... section 24, general clauses act relates to the matter of the continuance of order and appointments under enactments repealed ..... were pending in the court of the first class magistrate, jhalswar, at the time the jhalawar state municipal rules were repealed, did not become invalidated because of the repeal of the municipal rules, but this would, however, not continue the jurisdiction of the first class magistrate, jhalawar, when by the new act a different authority was constituted in his place. ..... meantime on 16-2-1949, the united state of rajasthan passed an ordinance repealing the jhalawar state municipal election rules of 29-3-1943, and applying the .....
Tag this Judgment!Court : Rajasthan
Reported in : 1976WLN745
..... further contended that grant & refusal of bail to a person charged with an offence under the defence of india rules and the defence of india act shall be governed by the special provisions contended in the defence of india rules, and shall not be controlled or governed by the criminal procedure code and section 37 of the defence of india act. ..... air 1942 mad 221 (2), where in it was held that in respect of offences which come within the rules framed under the defence of india act; that act governs all other statutory provisions and therefore the provisions of the code of criminal procedure with regard to bail do not apply.11. ..... this is also clear from section 37 of the defence of india act and sections 4 and 5 of the criminal procedure code the entire scheme of rule 184 indicates that question of granting bail in such cases can arise only after a person is detained and not prior to ..... , the learned counsel relied on in re surajlal harilal air 1943 bom 82, wherein it has been held that the effect of rule 130a is to repeal the provisions of section 496 of the code in so far as it divests the court of its discretion in the matter of refusing bail in cases of billable offences. ..... of the state, reliance was also placed on in re surajlal harilal majumdar air 1943 bom 82, wherein it has been held that the effect of rule 130a is to repeal the provisions of section 496 of the code in so far as it divests the court of its discretion in the matter of refusing bail in cases of bailable offences. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2006(202)ELT401(Raj); RLW2006(3)Raj2163; 2006(2)WLC509
..... challenge initiation of proceedings under section 4-i of the imports and exports (control) act, 1947 (hereinafter referred to as 'the act of 1947') against the petitioner under a notice to show cause dated 26.2.1993 issued by the additional director general of foreign trade, government of india under section 4l of the said act.2. ..... licence dated 20.10.1980 was granted to the petitioner from the office of chief controller of imports and exports, government of india, new delhi with certain conditions mainly enumerated in schedule-i and schedule ii appended to the licence. ..... controller of imports and exports, government of india granted a cg licence dated 20.10.1980 ..... the office of director general of foreign trace, ministry of commerce, government of india, is hereby quashed.19. ..... in precise, the controversy involved in the instant petition for writ is that whether any action can be taken under section 4-i(1)(a) of the act of 1947 against a person having licence or letter of authority in relation to any goods or materials which have been imported any who had failed to discharge export obligations or failed to adhere ..... it is also pertinent to note that under the act of 1947 which stood repealed under the act of 1992 there is no provision for imposing any penalty for violation ..... the act of 1947 has already been repealed but in view of section 20(2) of the foreign trade (development and regulation) act, 1992 (hereinafter referred to as 'the act of 1992') such repeal is having no effect on .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1968Raj249
..... it was contended for the respondents in that case that under sections 5 and 9 of the durgah khwaja sahab act, 1955 the government of india had the power of appointment' and removal of members of the committee of management as also the power to appoint the administrator in consultation with the committee. ..... it was observed:--''no doubt the committee of durgah endowment is to be appointed by the government of india but it is a body corporate with perpetual succession acting within the four corners of the act. ..... the high court was of the opinion that a sarpanch of the gram panchayat, though not a government servant appointed by the government, was nonetheless a person in the service of the government as he performed many of the governmental duties and was also removable by the government and such a person came within t he provisions of section 123(7)(f) of the representation of the people act, 1951. ..... section 64(4) -- the budget estimates as finally passed by the zila parishad are to be submitted to the state government and if the state government is satisfied that an adequate provision has not been made for giving effect to the provisions of the act it shall have power to suggest modifications and to return it to the zila parishad with its observations. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1950CriLJ1060
..... this act had partly repealed the government of india act, 1935, and allowed the central government to enact legislation in regard to certain provincial matters as well ..... central legislature has certainly powers to make laws with respect to matters enumerated in the provincial legislative list for ajmer-merwara, which is a chief commissioner's province under section 100(4), government of india act, i93fi.4. ..... ordinance and the act had both been passed under section 2, india (central government and legislature) act, 1946. ..... , ajmer-merwara is not a governor's province, and the provisions of section 100(3), government of india act, 1935, do not apply to it. ..... contention of the counsel for the applicants before the courts is that the chief commissioner had no powers to have issued such order under section 31 (2), defence of india rules as the central legislature could have enacted no legislation in the matter after 3lst march 1946. ..... , dated 20th august 1949, convicting them under section 8 of central act xxiv [24] of 1346 and sentencing them each to pay a fine of ..... applicants before the court is that the evidence on the record o the trial court does not justify the inference that the octroi-outpost is at the border of the city and that, as such, the act of the /applicants does not come within the purview of section 8 of central act xxiv [24] of 1946. ..... court below, in the circumstances, was perfectly justified in convicting the applicants under section 8 of central act xxiv [24] of 1946.5. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR2003Raj63; 2003(2)WLN28
..... ) as has been done by the apex court wherein article 227 was read in place of section 107 of the government of india act, 1915. ..... . the over all result of the discussion made hereinabove is that view of the law laid down by the hon'ble supreme court in hemlatha (air 2002 sc 2445) (supra), no appeal of division bench is available to a litigant after repeal of section 18 of the rajasthan high court ordinance ..... prasony bai, reported in 2002 (2) wlc (raj) 488, in which the order of single judge was challenged after repeal of section 18 of the rajasthan high court ordinance i.e. ..... after repeal of section 18 of the ordinance. ..... if the legislature, in its wisdom, has withdrawn the provision providing for an appeal, the court lacks competence to create the forum.the ordinance, section 18 of which provided for an appeal, stands repealed and the repealing act does not contain any saving clause, and shri jangid could not point out any provision analogous to section 18 of the ordinance, existing in any statute in force. ..... the first point which requires consideration is that after repeal of section 18 of the rajasthan high court ordinance, an appeal be preferred in the high court against the decision of a learned single judge of this court considering that to be an appeal under the letters patent as has been noticed by this court in .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1951Raj94a; [1951]20ITR214(Raj)
..... . the agreement dated 25-2-1960, can not be a fresh instrument of accession as after the enforcement of the constitution the provisions of the government of india act stood repealed by article 395 & the agreement was entered into in accordance with the provisions of articles 278, 291, 295 & 306 of the constitution as 13 mentioned in the preamble to the ..... . the learned counsel for the union of india urged that under sub-section (3) of section 6, government of india act, 1935, a ruler had power to vary the instrument of accession of his state by a supplementary instrument of accession executed by him & accepted by the governor general & extending the functions ..... according to section 5, government of india act, 1935, as modified by india (provisional constitution) order 1947, it became a union of india comprising inter alia the indian states acceding to the dominion in the manner provided in section 6 of the act ..... . the provisions of section 6, general clauses act, therefore, apply with full force, & the previous operation of section 101, government of india act, could not be affected by subsequent ..... . according to article 8, the rajpramukh wag to execute not later than 15-4-1949 an instrument of accession in accordance with the provisions of section 6, government of india act & in place of the instrument of accession of the former rajasthan states & it was made imperative that he shall by such instrument, accept as matters with respect to which the dominion legislature may make laws for the united .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1959Raj257
..... the central legislature under the government of india act enacted the weekly holidays act (act no. ..... this argument overlooks the fact that under article .239 the president may act, to such extent as he thinks fit, through a chief commissioner, under section 38(2) of the government of part c states act, 1951, all executive action of the chief commissioner whether taken on the advice of his ministers or otherwise is to be taken in the name of the chief commissioner ..... with regard to the bringing into operation of the provisions of the act, it was submitted that the chief commissioner was competent to do it and the definition of the state government in section 2(1)(w) as meaning the chief commissioner, ajmer, did not in any way offend article 239 of the ..... the provisions of the weekly holidays act continued to remain in force, and the provisions of the act in so far as they are repugnant to the provisions of the weekly holidays act, could not prevail, and were to the extent of repugnancy void by virtue of article 254 of the constitution and also by virtue of section 22 of the government of part 'c' states act. ..... by section 43 (1) of the act, the weekly holidays act is repealed. ..... whether the legislative assembly of the state of ajmer could directly repeal the weekly holidays act by section 43(1) of the act? ..... the other chapters except section 43 (i), declaring the repeal of the weekly holidays act, 1952, are ancillary provisions for the enforcement of the provisions of chapters iii to vi .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2006(1)Raj878; 2006(2)WLC54
..... this contention is not well founded as the contention is based on an assumption that raj pramukh, before the commencement of constitution was exercising legislative power in terms of section 88 of the government of india act 1935 only during the absence of session of legislative assembly and it was required to be placed before house when legislative assembly was convened.3. ..... raj pramukh of united states of rajasthan in promulgating ordinance was not exercising power under section 88 of government of india act, 1935, but was exercising power as parent legislature, until legislative council was constituted.4. ..... it did not lapse with the expiry of 6 months as contemplated under section 88 of the government of india act, 1935 or article 123/213 of the constitution of india as both the provisions did not apply to the ordinance promulgated by the then raj pramukh, of united state of rajasthan constituted under the aforesaid covenant ..... when the constitution was inaugurated in terms of article 372, until it is so altered or repealed or modified by a competent legislature or other authority, the rajasthan public gambling ordinance, 1949 continued to remain in force ..... it shall continue to remain in force until it is modified or repealed by state legislature in exercise of its legislative power.14. ..... division bench of this court held that the rajasthan premises (requisition and eviction) ordinance, 1949 continued to remain in force by virtue of article 372 unless repealed as provided by law.12. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1950Raj40
..... according to section 3 (1) (b) the government, if satisfied, with respect to any person that with a view to preventing him from acting in any manner prejudicial to the public safety or the maintenance of public order or communal harmony or the relations with the government of india or of any indian province or of any indian state, it is necessary so to do, may make an order directing that he be detained. ..... who wrote the judgment held that in spite of section 16, defence of india act, that no order made in exercise of any power conferred by or under this act, shall be called in question in any court, the high court was competent to determine whether the arrest had really been made under rule 129 or it had bees made in bad faith for a collateral purpose and ..... but while this act has been repealed according to section 62, the provisions of rajasthan public security ordinance are in addition to and not in derogation of any other law for the time being in force in the whole or in part of rajasthan. ..... in other words, the learned government advocate contended in terms of section 84, marwar public security act, since repealed on 29th october 1949 and section 64, rajasthan public security ordinance, now in force that an order made in exercise of any power conferred by or under the above ordinance could not be called in question by any court. .....
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