Court : Kolkata
Reported in : AIR1991Cal205
..... it may be mentioned in this connection that article 372 of the constitution has a provision similar to section 296 of the government of india act, 1935 and section 18(3) of the indian independence act, 1947 for continuance of the moorshedabad act, 1891 until altered or replaced by a competent legislature. ..... but it must be borne in mind that the act of 1963 upon which these observations were made is no more in existence and stands repealed by the new act of 1980 but the provision of section 6 of the act of 1963 is retained in section 10 of the act of 1980 in a dubious way.24. ..... ' by virtue of this article the state legislature of west bengal is fully competent to repeal or alter the moorshedabad act, 1891 and as such i am not going to examine the cases cited by mr. ..... he further submitted that the petitioner's claim that consequent to the repeal of the act of 1891 the properties would revert back to the heirs and successors of the original owner without any restriction with their power of alienation is absolutely untenable. ..... this act repealed the act of 1891, the act of 1933, the act of 1946 and the act of 1959.7. ..... before i deal with the vital issues revolving round the murshidabad estate (trust) act, 1963 and directly hitting the murshidabad (management of properties) and miscellaneous provisions act, 1980, i like to say a few words about the constitutional powers of the state legislature to enact a legislation repealing an act passed by the central legislature. .....
Tag this Judgment!Court : Mumbai
Reported in : 1998(2)BomCR87
..... licences, the petitioner filed a petition in this court under article 32 contending firstly that under the administration act, the previous laws in the portuguese territories continued in force from march 5, 1962, which amounted to recognition by the government of india of all rights flowing from the previous laws which were in force in the portuguese territories; and secondly, that section 4(2) of the regulation preserved all rights and privileges acquired or accrued under the portuguese law, as a result ..... it must be deemed that the portion sought to be included by the constitution (42nd amendment) act never came into existence and never modified or repealed on substituted unamended art 31-c which always continued in force. ..... zaiwalla first submitted that an amendment to the constitution, by way of addition, variation or repeal, could only be by the parliament exercising powers in the manner laid down in article 368 of the constitution. ..... section 5(1) provided that all laws in force in goa, immediately before 20th december 1961, shall continue in force until amended or repealed.6. ..... thelaws repealed thereby (as between the sovereign and the subjects) werein force only form march 5, 1962. ..... sanghi relies may be considered as authority for the proposition that, as a general rule, laws which are in force in the annexed or conquered territory continue to remain in force after the conquest or annexation until they are altered or repealed. .....
Tag this Judgment!Court : Mumbai
Reported in : (1965)67BOMLR609; 1965MhLJ426
..... the rule stated in section 8 of the general clauses act is not a special rule of interpretation but one generally accepted on fundamental principles and, if that is so, apart from the provisions of that clause, inasmuch as section 107 of the government of india act, 1915, was repealed and section 224 was re-enacted by the government of india act, 1935, and later that section was repealed and was re-enacted in the form of article 227 of the constitution, the reference to section 107 of the government of india act must be read as ..... constitution, the government of india act, 1935, was repealed and instead of section 224 of that act, article 227 ..... not being an order made in the exercise of revisional jurisdiction and not being a sentence or order passed or made in the exercise of the power of superintendence under the provisions of section 107 of the government of india act, or in the exercise of criminal jurisdiction) of one judge of the said high court or one judge of any division court, pursuant to section 108 of the government of india act....the subsequent portion can have no- possible application and therefore, need not be reproduced. ..... it cannot be denied that the power of superintendence given by article 227 is as wide as was available to the high court under section 107 of the government of india act, and there can be no doubt that the exercise of power by the high court, by a single judge, under article 227 is one of superintendence, as has been stated by the article itself, .....
Tag this Judgment!Court : Chennai
Reported in : (1980)1MLJ82
..... of the 'concurrent list' as a scheme of distribution of legislative power between the legislature of the centre and that of the states is peculiar to india and such a provision found a place in the government of india act, 1935, which has been repealed in the constitution of india. ..... and a law made by the legislature of a state in respect of such matters is governed by article 254 of the constitution of india, corresponding to section 107 of the government of india act, 1935. ..... of the constitution merely corresponds to what was originally contained in section 107(2) of the government of india act, 1935. mr. ..... petitions, it was contended that the ordinance and the bill made changes from the position resulting from section 59(1) of the motor vehicles act relating to transfer of permits, that it was necessary in law and justice to examine whether these changes in the impugned act were brought to the notice of the government of india, apart from the question of the reasons given for the same and that the deponent of the ..... to our conclusion, it is enough if we grant a writ of declaration that for the reasons indicated in this judgment and subject to the reservations made therein, section 62a, section 62b, section 62c section 62d, and section 62e of the motor vehicles act, 1939, as introduced by the tamil nadu act xvi of 1971 are void and further issue a direction to the regional transport authorities concerned as well as the state transport appellate tribunal to dispose of the proceedings .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1978AP354
..... 91 and 92 of the government of india act, 1935 read with the excluded areas order in council, 1936, in effect repealed the scheduled districts act (act no. ..... some modifications were made by the government of india acts of 1915 and 1919 with regard to the procedure for declaration of any territory in india, as a backward tract and for applying the laws with such exceptions and modifications as might be prescribed in the notification to be issued by the governor general in council. ..... 92 of the government of india act, 1935, it was provided that the executive authority of the province extended to the excluded and partially excluded areas but no act of the federal legislature or of the provincial legislature would apply to an excluded area or a partially excluded area unless the governor by public notification so directed and the governor might direct that the act would apply subject to such exceptions or modifications as he thought fit. ..... sections 91 and 92 of the act dealt with the delimitation and administration of the areas which under the earlier legislation were termed 'scheduled districts' or 'backward tracts'. ..... section 6 of the act empowered the local government to appoint officers to administer civil and criminal justice and to superintend the settlement and collection of public revenue and all matters relating to rent and otherwise to conduct the administration within the scheduled districts and to ..... section 1(3), c.p.c. ..... section 1 (3) was first amended by the civil p. c. .....
Tag this Judgment!Court : Allahabad
Reported in : 2000(3)AWC2054
..... xxviii of 1976, section 2 of the act was as follows :'nothing in this act shall apply to : (a) any building belonging to or vested in the government of india or the government of any state or any local ..... government of india in respect of public sector undertaking for taking eviction proceedings under the public premises (eviction of unauthorised occupants) act ..... the ministry of urban development, government of india, has issued guidelines dated 14th ..... act xxviii of 1976 :(a) any public building or by the same act xxviii of 1976 the definition of the term 'public building' was also inserted in section 3 of the original act as under :'(3) (a) 'public building' means any building belonging to or taken on lease or requisitioned by or on behalf of the central government or state government(including the government of any other state) and includes any building belonging to or taken on lease by or on behalf of any local authority or ..... contemplate of giving reason for termination the tenancy and equally the definition of the unauthorised occupation under section 2(g) of the act postulates that the tenancy 'has been determined for any reason whatsoever' and it was observed as follows :'when the statute has advisedly given wide powers to the public authorities under the act to determine the tenancy, it is not permissible to cut down the width of the powers by ..... 1947 was repealed by section 43 ..... act was repealed ..... after repeal of the said act, ..... , no longer was enforceable after the repeal of act no. .....
Tag this Judgment!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 : Supreme Court of India
Reported in : AIR1967SC71; [1962]2SCR535
..... . the argument was as follows : the madras estates land act of 1908, admittedly applied to the entire estate of gangole - including that portion of the estate which was in the scheduled area which, in the phraseology employed by the government of india act, was 'a partially excluded area ..... (3) in making any such regulation as is referred to in sub-paragraph (2) of this paragraph, the governor may repeal or amend any act of parliament or of the legislature of the state or any existing law which is for the time being applicable to the area in question.' 8. ..... regulations made under this sub-section shall be submitted forthwith to the governor-general and until assented to by him in his discretion shall have no effect, and the provisions of this part of this act with respect to the power of his majesty to disallow acts shall apply in relation to any such regulations assented to by the governor-general as they apply in relation to acts of a provincial legislature assented to by him. ..... . the mode of computation of the compensation amount for which provision is made in sections 27 to 30 all proceed on the basis that it is the entire estate that is taken over and not a portion merely of the estate ..... section 1(3) defining the extent of its application runs : 'it applies to all estates as defined in section 3, clause (2), of the madras estates land act, 1908, except inam villages which became estates by virtue of the madras estates land (third amendment) act, 1936.' 11. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1991All158
..... senior standing counsel of the central government has placed before us (i) a report of road safety committee of the government of india as reproduced by transport department, rajasthan in march, 1987, (ii) report of the national transport policy committee, (iii) final report on vehicle fleet modernisation, and (iv) report of the working group on the review of motor vehicles act, 1939. ..... net work in the country the question for making rules for smooth transport facilities in the country was engaging the attention of the central government and in that connection the government has held deliberations with various associations of transportes and representatives of various government departments; that national permits for goods carriages are designed for operation involving long distance inter-state road transport covering the whole country and ..... learned counsel for some of the petitioners has, apart from supporting the submissions made by sri naithani and sri dwivedi, argued that there is nothing in section 88(14) of the new act authorising the central government to fix the age or model condition of a transport vehicle for national permit and these rules are as such ultra vires.25. ..... after the repeal of the old act, the central government has framed new rules as mentioned above and the learned counsel for the petitioners have ..... 6 was framed under the new act after the repeal of the old act for the same reasons and grounds on account ..... old act was repealed and new act was enforced with .....
Tag this Judgment!Court : Allahabad
Reported in : 1949CriLJ163
..... of supplies (temporary powers) act n [a] of 1947 to one under section 7, central government act xxiv [24] of 1946, namely, the essential supplies (temporary powers) act, 1946, but maintain the ..... the memorandum of revision resolve themselves into two points, one of them being that the applicant could not have been convicted of an offence under section 6 of act ii [2] of 1947 for an offence committed on 17th february 1947, and the other being that a summary trial was illegal in the circumstances ..... it may be noticed that kerosene oil or any other oil is not one of the essential commodities as defined in this ordinance, section 5 of the ordinance, which is the only relevant section upon this point, reads as follows:until other provisions are made under this ordinance, any order, whether notified or not, made by ..... powers conferred by the defence of india rules which were framed under the defence of india act, the defence of india act and the defence of india rules expired on 30th september 1946. ..... section 17 of the act repeals the essential supplies (temporary powers) ordinance, 1916, and then provides:any order made or deemed to be made under the said ordinance and in force immediately before the commencement of this act shall continue in force and be deemed to be an order made under this act; and all appointments made, licenses or permits granted and directions issued under any such order and in force immediately before ..... temporary powers) ordinance, 1946, is hereby repealed. ..... was repealed .....
Tag this Judgment!