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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 it may be stated here that although the government of india act, 1833 is superseded by the promulgation of the government of india act, 1858, to the extent provisions are made therein, but the 1858 act does not in any way repeal the laws and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. ..... 'section 45 of the government of india act, 1833 states that 'all laws and regulations made as aforesaid, shall be of the same force and effect within and throughout the said territories as any act of parliament would. ..... lastly it is true that the preamble does not expressly state that the regulations were issued under section 43 of the government of india act, 1833. ..... ' section 65 of the government of india act, 1858 continued 'all acts and provisions now (then) in force. ..... section 130 of the government of india act, 1915 repealed the government of india act, 1858 but provided that the repeal was not to affect the validity of any 'regulations' issued there under and in force at the commencement of the government of india act, 1915. ..... on the contrary, by the 1915 act, they were saved by the provisions contained in section 130 and 1833 act came to be repealed only by the 1915 act except the provisions contained in section 112. ..... when the cantonment act, 1925 was passed, clauses (a) and (b) of subsection (2) of section 280 empowered the central government to make rules relating to the grant of cantonment land and conditions on which it should be granted. .....

R.M. Seshadri Vs. the Province of Madras, Represented by the Chief Sec ...

Court : Chennai

Reported in : AIR1954Mad543; (1954)IMLJ206

..... adaptation does not make any difference in the content of the section, but only introduces the suitable words in conformity with the repeal of the government of india act.section 3 of the court-fees act has been constructed by venkatasubba rao j. ..... barring section 107 of the government of india act (repealed section 15 of the high court charter act), no other provision conferring the power is ..... pre-existing law shall have effect subject to the modifications or adaptations made by him shall not be questioned in any court of law; but obviously in our view under this section the president has no power to continue the laws expressly repealed by the constitution, he cannot by an order direct that the government of india act shall continue to be in force when the constitution expressly repealed it. ..... with the contention that the words "fees to be allowed to the sheriff, attorneys, and ell clerks and officers of courts" in section 107(e) of the government of india act, 1915 do not refer to court fees, the learned judge made the following remarks:"i do not agree with coutts-trotter j. ..... to hold, as we are asked to hold, that the act would continue in force notwithstanding the repeal, would be to attribute to the authors of the constitution an inconsistency.to put it concretely, the government of india act may have been repealed; but the rules made by the high court in exercise of the powers conferred by that act shall continue in force till repealed or altered by a competent legislature. .....

Naresh Chandra Bose Vs. Sachindra Nath Deb and ors.

Court : Kolkata

Reported in : AIR1956Cal222,60CWN802

..... exclusio alterius one is entitled to infer that if it were the intention of the legislature to repeal as in the case of the government of india act, 1935, enactments supplementing the indian independence act, 1947, there is no reason at all why it should have been silent about enactments supple-menting that act while it took care to mention such enactments in the case of the government of india act, 1935; in other words, it follows from article 395 itself that though the indian indepen-deuce ..... the government of india act to the indian dominion.the other orders also were made under section 9, indian independence act. ..... dominion or domi, nions concerned would have on or after the ap-pointed day, but shall in the case of each of the dominions be subject to the same laws of repeal and amendment as the laws of the legislature of that dominion.it is clear, therefore, that orders passed under section 9, indian independence act by the governor-general have the same force as laws made by the legislature of the dominion and the provision referred to contemplates the independent ..... was argued before their .lordships, as it has been argued before us, that under article 395 of the constitution the indian independence act had been repealed and that this would mean that all the orders passed by the governor-general under section 9 of the said act would automatically become inoperative.their lordships did not deal with this argument but observed that even if it be assumed thatthe legal proceedings .....

J Venkatesh Reddy Vs. The State of Karnataka

Court : Karnataka

..... section 2(1) includes the activities listed in the notification of the government of india dated 27.03.2012. ..... without prejudice to the submission that the acquisitions are under the kiad act, the application of section 24 of the 2013 act is as under: section 24 of the 2013 act, deals with the acquisition proceedings that are under process as on 01.01.2013, that is coming into force of the 2013 act and the repealing of the 1894 act. ..... that finding of the apex court , with all due respect to the apex court, will have no applicability in determining the applicability of section 24(2) of the 2013 act in terms of section 30 of the kiad act, in the backdrop of the wholesale repeal of the 1894 act and its replacement with the 2013 act. ..... therefore, kiad act hitherto was supplemented by the land acquisition act, 1894, based on this analogy, there is no reason not to apply the 2013 act in place of the repealed statute in view of section 8 of the general clauses act, 1897. ..... anything contained in this act, in any case of land acquisition proceedings initiated under the land acquisition act, 1894 (1 of 1894),- (a) where no award under section 11 of the said land acquisition act has been made, then, all provisions of this act relating to the determination of compensation shall apply; or 209 (b) where an award under said section 11 has been made, then such proceedings shall continue under the provisions of the said land acquisition act, as if the said act has not been repealed. .....

In Re: Putta Ranganayakulu and ors.

Court : Andhra Pradesh

Reported in : 1956CriLJ1049

..... government of india act stood repealed by article 395 of the constitution and, therefore, an order issued under section 94(3), government of india act would not possibly be operative after the inauguration of the constitution nor could it be regarded as an order made under article 239 of the constitution.after negativing the contention that the order issued under that act was not a 'law in force' within the meaning of article 372, their lordships observed at page 31 that an order made undci section 94(3), government of india act ..... government of india act, 1915 was, in its turn repealed and re-enacted with modifications by the government of india act, 1935.section ..... article 372 saves laws in force in the territorv of india, notwithstanding the repeal of the government of india act.a combined reading of these two provisions clearly indicates that the powers of the high court conferred on it by the acts repealed or otherwise can be exercised after the constitution and the rules already made by the high court before the constitution ..... for the position that, even though the government of india act was repealed, the laws made under that act continue to be in force after the constitution ..... clause 36 empowers a single judge or a division bench to exercise the jurisdiction conferred on it in pursuance of section 108, government of india act, 1915 which, as i have already pointed out, enables the high court to make rules providing for the exercise of jurisdiction by one or more judges.clause .....

Azizun Nisa and ors. Vs. Asst. Custodian and ors.

Court : Allahabad

Reported in : AIR1957All561

..... . it was laid down in section 99 of the government of india act that subject to the provisions of it, the central legislature could make laws 'for the whole or any part of the british india or for any federated state, and a provincial legislature may make laws for the province or for any part thereof' ..... . the ordinance remained in force upto 17-4-1950, when it was repealed be section 58(2) of the act, no ..... . xxvii, had been repealed, the rules made in exercise of the powers conferred by it upon the central government continued to be in force, by virtue of the provisions of section 58(3), till 28-10-1950 when they would be deemed to have been impliedly repealed by the rules of 1950 ..... . under section 7 of the act property of an evacuee became an evacuee property regardless of whether he became an evacuee under the act or under the repealed ordinance ..... . section 58 (3) contains a provision similar to that of section 55 (3) of the repealed ordinance but with the important difference that it saves not only the effect of anything done or any action taken under the repealed ordinance but also its previous operation ..... . xii amounts to operation of the ordinance and had; it been saved by section 55 (3) the vesting would have continued in spite of the repeal, but as pointed out earlier it saved only the effect of anything done or any action taken .....

Sree Rajendra Mills Limited and Others Vs. Income-tax Officer, Central ...

Court : Chennai

Reported in : AIR1958Mad220; [1957]32ITR439(Mad)

..... possibly as the government of india act, 1935, had not been repealed by the indian independence act, 1947, the laws then in force would have continued notwithstanding india becoming a selfgoverning dominion; and, therefore, section 18 could be viewed as having been enacted only by way of abundant caution. ..... (4) that section 173 of the government of india act, 1935, which was repealed under the adaptations effected by virtue of the powers conferred under section 18 of the indian independence act, has no significance for the determination of the present question. ..... of these our attention was particularly drawn to the repeal of sections 2 and 173 of the government of india act, 1935. ..... the government of india act, 1915, which consolidated the previous enactments relating to the constitution of the government of india, as amended by the government of india act, 1919, having been repealed by the government of india act, 1935, there was a need to continue the previously existing law. ..... when the diarchic constitution which was established by the amendment of the government of india act, 1919, gave place to the government brought into existence by the government of india act, 1935, there was a specific provision made by section 173(4) by which arrears of taxes including income-tax due to the government prior to 1st april, 1937, were dealt with and distributed as between the centre and the provinces. .....

R. Gandhi and anr. Vs. Union of India (Uoi) Rep. by the Ministry of La ...

Court : Chennai

Reported in : 1997(3)CTC255

..... . 1915 or whether conferred on it by any subsequent legislation.it was argued that simultaneously with the repeal of section 108 of the government of india act, 1915 of the enactment of its provisions in section 223 of the government of india act of 1935 and later on in art 225 of the constitution of india, there had not been any corresponding amendment of c1.15 of the letters patent and the reference to section 108 in c1.15 of the letters patent could not therefore be taken as relating to those provisions, and that being so, the high court had no power to ..... argued that the government of india act stood repealed by article 395 of the constitution and, therefore, an order issued under section 94(3) government of india act would not possibly be operative after the inauguration of the constitution; nor could it be regarded as an order made under article 239 of the constitution.after negativing the contention that the order issued under that act was not a law in force within the meaning of article 372, their lordships observed at page 31 that an order made under section 94(3) government of india act conferring .....

Munna Lal Tewary Vs. Harold R. Scott and ors.

Court : Kolkata

Reported in : AIR1955Cal451,59CWN260,(1956)IILLJ474Cal

..... , no other question would arise, inasmuch as a failure to consult the public service commission would not make the disciplinary action taken without such consultation invalid.on the other hand, if the rule of exemption raided under section 266(3), government of india act had been kept in force and validly so kept, the appellant could not insist on prior consultation with the public service commission as of right, even if the provisions of article 320(3) might otherwise be mandatory in character ..... fourteen days before each house of parliament or the house or each house of the legislature of the state, as the case may be, as soon as possible after they are made, and shall be subject to such modifications, whether by way of repeal or amendment, as both houses of parliament or the house or both houses of the legislature of the state may make during the session in which they are so laid'.the learned advocate-general contended that the provisions contained ..... ' what does thelast phrase mean?it is obvious that clause 19 owes its parentage to section 24, general clauses act which provides that where any central aet or regulation is, after the commencement of the general clauses act, repealed and re-enacted with or without modification, then, unless it is otherwise expressly provided, any order, scheme, rule - i am leaving out the portions not material - issued under the repealed act or regulation shall,'so far as it is not inconsistent with the provisions re-enacted, continue in force .....

Benoari Lal Sarma and ors. Vs. Emperor

Court : Kolkata

Reported in : AIR1943Cal285

..... that the entire government of india act of 1915 has been repealed by the government of india act of 1935 and that the present section 72 of schedule 9, government of india act of 1935, although it is in the same terms as section 72, government of india act of 1915 is not in law the same thing as section 72, government of india act of 1915 and therefore it cannot have the effect given to section 72 of the act of 1915 ..... . i have come to the conclusion for the reasons i have given that as the ordinance in sections 6, 10,14 and 16 empowers persons other than duly authorised legislatures constituted under the government of india act, 1935, to repeal ad hoc certain provisions of the criminal procedure code and of the letters patent of the high court, ..... the accused persons are that the ordinance is invalid in (1) it delegates legislation and (2) that it ousts the jurisdiction of the high court in criminal matters contrary to section 223, government of india act, 1935, and (3) that it leaves it to the district magistrate to say whether the accused shall have the rights of appeal or revision which the ordinary law ..... ordinance says:whereas an emergency has arisen which makes it necessary to provide for the setting up of special criminal courts;now, therefore, in exercise of the powers conferred by section 72 of the government of india act, as set out in the ninth schedule to the government of india act, 1935, the governor-general is pleased to make and promulgate the following ordinance:1 .....