Court : Mumbai
Reported in : (1985)87BOMLR246; 1986MhLJ441
..... (including any orders, notifications or rules made or issued) by the central government or by any officer or authority to whom powers in this behalf have been delegated by that government, in exercise of the powers conferred by or under chapter vi of the defence of india act, 1962, shall, in so far as it is not inconsistent with the provisions of this act, be deemed to have been done or taken in the exercise of the powers conferred by or under this act as if this section was in force on the date on which such thing was done or action ..... in view of sub-section (2) of section 25, the defence of india act ceases to operate on and from january 10, 1968, except in so far as it is saved by sub-section (/) of section 25, and section 6 of the general clauses act, 1897, is made applicable upon such cessation as a repeal of the defence of india act by the requisition act. ..... by virtue of the fiction created by sub-section (1) of section 25, from january 10, 1968 onwards the lands requisitioned under the defence of india act became lands requisitioned under the requisition act, in our view, once this fiction is created by the repealing act, for all purposes the provisions of the repealing act would apply including the remedies provided under the act. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1960All420
..... the order of the executive engineer and the documents, exhibits f, g, h and i, were passed and executed in the year 1944 when the government of india act, 1935, was' in force.section 175(3) of the government of india act, 1935, enjoins that all contracts made in the exercise of the executive authority of a province shall be expressed to be made by the governor of the province and all such contracts made in the exercise of that authority shall be executed on ..... no question of prejudice can in law arise in this case, if we permit the defendant to question the enforceability of the agreements for the first time at this stage on the ground of their non-conformity with the provisions of section 175(3) of the government of india act, 1935, because the plaintiff did not state in his notice under section 80 that the government had ratified the aforesaid agreements, and he cannot now be permitted to take that plea. ..... no doubt the defence, that the leases aforesaid were unenforceable for non-compliance with the provisions of section 175(3) of the government of india act, 1935, has not been pleaded specifically in so many words, but such a plea was implied in the facts stated in paragraphs 21 and 22 of the written statement. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1954CriLJ1093
..... . it was a characteristic peculiar to an emergency legislation such as the one passed under section 72, government of india act, that it would not survive after the lapse of 6 months after the revocation ..... statute to be one or the other.para 666:after the expiration of a statute, in the absence of provision to the contrary, no proceedings can be taken on it, and proceedings already commenced ipso facto determine.para 668:a statute which is repealed differs from a temporary statute in that the former, except in so far as it relates to transactions already completed under it, becomes as if it had never existed while with respect to the latter the extent of the restrictions imposed and the ..... happening of which an ordinance can be promulgated is separate and distinct from and must not be confused with the emergency which occasioned the passing of the act and the clear effect of the words of the act on section 12 is that ordinances promulgated under that sub-section during the period specified in section 3 of the act are subject to no time limit as regards their existence and validity unless imposed by the ordinances themselves or other amending or repealing legislation whether by ordinance or otherwise.'j. k ..... rules enacted is rule 72, sub-rule 2 which reads as follows:in exercise of the powers conferred by this rule the government of hyderabad purported to issue the order called the cotton cloth and yarn control order in the year 1352.which was later repealed by another control order of 1355 p .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2000KAR4134; 2001(1)KarLJ364
..... 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 a matter mentioned in the concurrent list. ..... , in a situation similar to that under section 107(2) of the government of india act, it was observed by lord watson in 'attorney-general for ontario v attorney-general for the dominion', 1896 ac 348 (a), that though a law enacted by the parliament of canada and within its competence would override provincial legislation covering the same field, the dominion parliament had no authority conferred upon it under the constitution to enact a statute repealing directly any provincial statute. ..... supreme court stated thus:'this is, in substance, a reproduction of section 107(2) of the government of india act, the concluding portion thereof being incorporated in a proviso with further ..... direction to state government to appoint a date for implementation of act 1 of 2000 which has inserted section 38-c(2).during the pendency of these petitions, the governor of karnataka, in exercise of the power conferred under article 213(1) of the constitution of india, promulgated bangalore development authority (amendment) (repealing) ordinance, 2000 (karnataka ordinance 4 of 2000), repealing bangalore development authority (amendment) act, 1999 (karnataka act 1 of .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1957P& H265
..... article 395 of the constitution repealed the government of india act and article 372 laid down that all laws in force immediately before the commencement of the constitution continued to remain in force with the exception inter alia of temporary acts which were to expire in accordance with the tenure of those acts. ..... section 299(2) of the government of india act, 1935, laid down that an owner whose property had been acquired had a right to receive compensation therefor. ..... that being so.the defence of india act specifically lays down that compensation is to be fixed according to section 23(1) of the land acquisition act which necessarily excludes the applicability of section 23(2) of the act. ..... these provisions of law, however, did not have the effect of making section 6 of the general clauses act applicable to the defence of india act and to the rules and orders made thereunder, nor did the additions to section 1(4) made by ordinance no. ..... the procedures laid down under the two statutes are inconsistent and cannot stand together.therefore, it is clear that section 19 and rule 75-a of the defence of india act impliedly made the land acquisition act ineffective to the extent of and as to matters to which the tatter act applied. ..... it appears that the legislature intended by enacting this act to make section 6 of the general clauses act applicable to the expired defence of india act and to repeal the ordinance as unnecessary. .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(5)BomCR746
..... our opinion, even assuming that there is no specific provision made in the repeal act as contended on behalf of the state government, in our opinion, looking to the scheme of the repeal act it can be said that the title will revert back to the land owner on coming into force the repeal act because it is implicit in the scheme of the repeal act that the title of the lands of which possession is not taken though declaration under sub-section (3) of section 10 of the principal act is made, should revert back to the owner. ..... was submitted that several high courts in india have also construed the repeal act and held as submitted above i.e. ..... the effect of passing of resolution under clause 1 of article 252 of the constitution of india is that the parliament which has no power to legislate with respect to the matter which is subject-matter of the resolution becomes entitled to legislate with respect to ..... urban land (ceiling & regulation) act, 1976 hereinafter referred to as 'the principal act' in the first instance came into force on the its introduction in loksabha on 28.1.1976 which covers the union territories and 11 states which had already passed requisite resolution under article 252(1) of the constitution of india. ..... view of the resolution passed by the legislature of the state of maharashtra, in the state of maharashtra the principal act came into force on 17.2.1976 the date on which it received the assent of president of india. ..... court in its judgment in the case of (india tobacco co. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1943Cal377
..... on behalf of the petitioners our attention was also drawn to the provisions of sections 92, 95 and 96, government of india act, in support of the contention that whenever parliament intended to confer on one legislative body the power to repeal or amend directly the act of another express terms are to be found granting this power. ..... - the governor-general has no power to repeal or amend directly any act of the federal legislature by an ordinance made and promulgated under section 72 of schedule 9, government of india act, 1935.49. ..... (3) that the governor-general has no power to repeal or amend directly any act of the federal legistature by an ordinance made and promulgated under section 72, of schedule 9, government of india act, 1935. ..... for the reasons given above, i am of opinion that there is no power in the governor-general to repeal or amend directly an act of the indian legislature by means of an ordinance passed under section 72 of schedule 9, government of india act. ..... , that when two legislatures have power to legislate in the same field one legislature has necessarily the power directly to repeal or amend the act of the other then it was quite unnecessary for parliament to make those express provisions in sections 92, 95, and 96, government of india act. ..... (4) that it is only the central indian legislature that has the power to repeal or amend an act of the central indian legislature passed under the provisions of section 102, government of india act. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1951All703
..... power to make laws with respect to a province in respect of any of the matters enumerated in the provincial legislative list, with the result that the governor-general acting under para 72 of schedule ix, had in case of emergency the same width of legislative powers'.the defence of india act was passed under the special provision contained in section 102 & the central legislature had the power to enact it, the governor-general similarly had the power to save its effect.13. ..... the saving clause undoubtedly permitted prosecution for offences committed under the repealed defence of india act (provided the act was repealed by it & had not expired by efflux of time). ..... of india act, saved the effect 'as respects anything done or omitted to be done' of the incompetent part of the defence of india act, but not that of the competent part which was not governed by that provision at all. ..... the ordinance was governed by one law & was to remain in operation as provided in para 72, while the act was governed by another law & was to remain in operation as provided in section 102, g. i. ..... the case was governed by the interpretation of section 11(3) of the act itself; if it permitted the prosecution even after the expiry, the prosecution was valid whether reasonable or not & if it did not, it was invalid, again whether reasonable or not. ..... the legislations themselves were governed by different provisions. .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(2)AWC1191; (2004)3UPLBEC2778
..... further referred to the provisions of article 372(1) of the constitution which provides that all laws in force immediately before the constitution shall continue to be in force until altered or repealed or amended by a competent legislature or other competent authority, the court further relied upon the provisions of section 276 of the government of india act, 1935 which provided for continuity of the old laws under the government of india act, 1999 by a deeming fiction.36. ..... chhindwara : [1962]1scr1 , wherein the constitution bench had held that the coal tax originally imposed under section 51 of the central provinces local-self government act, 1920, on 2nd march, 1935 was valid and continued to be valid after government of india act, 1935 and the constitution, by virtue of article 372 of the constitution.17. ..... police act of 1861, however, remained and maintained its effectiveness though a pre-constitutional act by virtue of the provisions contained in article 372(1) of the constitution notwithstanding the repeal of the indian independence act, 1947 and the government of india act, 1935 ..... the learned single judge of this court while deciding the case in indra bahadur singh (supra), dealt with the issue of fixing the maximum age limit by issuing government order under section 2 of the act, 1861 and also the applicability of rules, 1972 and also referred to the order dated 7th july, 1996 issued by the governor, which provided for exemption of the police services from the application .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1962SC1073; [1962]Supp3SCR70
..... . it is only necessary to add that if this tax had been lawfully levied by the janpad sabhas immediately before january 26, 1950, they could continue to be levied after constitution came into force notwithstanding the repeal of the government of india act by the constitution and notwithstanding terminal taxes being a tax solely leviable by the union list in sch ..... . section 143(2) which is a saving clause and obviously designed to prevent a dislocation of the finances of local governments and of local authorities by reason of the coming into force of the provisions of the government of india act distributing heads of taxation on lines different from those which prevailed before that date, cannot be construed as one conferring a plenary power to legislate on those topics till such time as the central legislature intervened ..... section 143(2) of the government of india act, 1935 enacted. ..... permits granted, taxes imposed or assessed, cesses (other than additional cesses imposed in accordance with section 49 of the said act), fees, tolls or rates levied, contracts entered into and suits instituted and proceedings taken under the said act and in force immediately before the commencement of this act shall continue to be in force and in so far as they are not inconsistent with this act, they shall be deemed to have been respectively made, issued, granted, imposed or assessed, .....
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