Judgment Search Results Home > Cases Phrase: government of india act 1833 repealed section 86 lauds within the indian territories may be purchased Page 1 of about 44 results (0.187 seconds)

Ram Kirpal Bhagat and ors. Vs. the State of Bihar

Court : Supreme Court of India

Reported in : AIR1970SC951; 1971(0)BLJR689; 1970CriLJ875; (1969)3SCC471; [1970]3SCR233

..... sub-section (2) of section 92 of the government of india act, 1935 conferred power on the governor to make regulations for the peace and goods government of any area in a province which was an excluded or a partially excluded area and any regulations so made might repeal or amend any act of the federal legislature or the provincial legislature or any existing indian law which was for the time being applicable to the area in question. ..... cloves are prohibited goods within the imports and exports control act, 1947 and are, therefore, deemed to be prohibited under section 19 of the sea customs act, 1878.34. ..... the high court came to the conclusion that the sea customs act, 1878 and the imports and exports control act, 1947 applied to the santhal parganas with the result that the import of cloves was prohibited; duty was payable on cloves; the inspectors were officers of customs within their respective jurisdiction, and, therefore, they could exercise power under section 173 of the sea customs act, 1878 and they could seize the goods under section 178 of the sea customs act, 1878. ..... explanation i to article 372 is that law in force in the article shall include a law passed or made by the legislature or other competent authority in the territory of india before the commencement of the constitution notwithstanding that it or parts of it may not be then in operation either at all or in particular area or areas. .....

Mohan Agarwal Vs. Union of India (Uoi) and ors.

Court : Allahabad

Reported in : AIR1979All170

..... the government of india act, 1833.the whole act, except section one hundred and twelve.the effect of this repeal was that the government of india act, 1833 was repealed in its entirety except section 112 which ran as under :--'the island of saint helena, and all forts, factories, public edifices, and hereditaments whatsoever in the said island, and all stores and property thereon fit or used for the service of the government thereof, shall be vested in his majesty, and the said island shall be governed ..... the proviso to section 45 of the 1833 act reads as under :--'provided also that all laws and regulations made as aforesaid, so long as they shall remain unrepealed, shall be the same force and effect within and throughout the said territories as any act of parliament would or ought to be within the same territories and shall be taken notice of by all courts of justice whatsoever within the same territories, in the same manner as any public act of parliament would ..... the various provisions of the act which create legislation making instrumentalities, but also from its heading which reads as under: 'an act for effecting an arrangement with the east india company, and for the better government of his majesty's indian territories, till the ..... act does not lose its vitality and would continue even though there may be repeal of parts of the constitution act under which it was enacted so long as the law is not inconsistent with the constitution act as it emerges after the amendment and repeal .....

Kesavananda Bharati Sripadagalvaru and ors.Vs. State of Kerala and anr ...

Court : Supreme Court of India

Reported in : AIR1973SC1461; (1973)4SCC225; [1973]SuppSCR1

..... counsel for the petitioner urged that article 395 of the constitution repealed only the indian independence act, 1947 and the government of india act of 1935 and under article 372, notwithstanding the repeal of these two enactments, all the laws in force in the territory of india immediately before the commencement of the constitution continued in force until altered, repealed or ..... the privy council said that if on a true construction of section 92 of the british north america act, the power fell within the ambit of the section, it would be quite wrong to deny its existence because by some possibility that it may be abused or may limit the range which otherwise would be open to the dominion ..... an enactment annulling the royal prerogative to grant special leave to appeal would be inconsistent with the judicial committee acts 1833 and 1844, and therefore would be invalid under section 2 of the colonial laws validity act, 1865. ..... and said that although there are no express provisions in the ceylon constitution vesting judicial power in the judiciary, the judicial system in ceylon has been established by the charter of justice of 1833, that the change of sovereignty did not produce any change in the functioning of the judicature, that under the provisions of the ceylon constitution there is a broad separation of powers and that, generally speaking, the legislature cannot exercise judicial power in spite of the difficulty occasionally felt to tell judicial power from legislative power .....

Cdr. Anil Prabhakar Koshti and Others Vs. Union of India and Another

Court : Mumbai

Reported in : 2000(1)ALLMR146; 2000(1)BomCR781; 2000(2)MhLj198

..... can only govern and regulate the cases of officers of the indian navy who had not attained the substantive ranks envisaged under section 80 of the repealed act. ..... that while sub-section (1) of section 80 applied to officers in the executive branch of the indian navy, sub-section (2) applied to officers in the engineering branch of the indian navy and that the division bench of this court had not examined cases falling under sub-section (2) of the repealed section 80 and, therefore, the earlier decision could only be an authority with regard to cases falling within the parameters of sub-section (1) of section 80.12. ..... these objectives, which are sought to be achieved by the parliament, it is contended by the additional solicitor general that issuance of service certificates to naval officers merely on the basis of their having attained a substantive rank, as contemplated under the repealed section, did not comply with the obligations under the international convention on the standards of training, certification and watch keeping for seafarers, which was adopted in 1978, which convention the government of india had ratified on 16th november 1984. ..... he may,however, apply later for the combined steam and motor certificate of serviceafter acquiring the minimum stipulated service on steam and motor ships.even assuming that the argument based on the navy order is correct, thisonly postpones handing over of the certificate to the date on which the officercompletes the prescribed type .....

The State of Uttar Pradesh Vs. Seth Jagamander Das and ors.

Court : Supreme Court of India

Reported in : AIR1954SC683

..... the high court also took the view that under section 102(4) of the government of india act, 1935 the prosecution of the respondents for the offences committed by them could possibly have been continued after the 5th january 1948, but that after the repeal of the government of india act on the 26th of january 1950 by article 395 of the constitution it could no longer be continued as section 6 of the general clauses act had no application to the repeal of the government of india act, 1935, by the ..... that ordinance itself was repealed by act ii of 1948, and as nothing was done in this case before the 5th of january 1948 no fresh proceedings could be commenced after that date for violation of the provisions of the defence of india act.section 102(4) of the government of india act, under the provisions of which possibly the prosecution of the respondents for offences committed by them could have been justified and continued, was also repealed by the constitution on the 26th of january 1950 a few days after this prosecution was ..... in the year 1947 when the two dominions of india and pakistan were constituted under the indian independence act, the dominion legislature took the place of the central legislature and it passed 'the repealing and amending act, 1947, act ii of ..... the law in force in the territory of india immediately before the commencement of this constitution shall continue in force therein until altered or repealed or amended by a competent legislature or other competent .....

G. Narayanaswami Naidu and ors. Vs. the Inspector of Police

Court : Chennai

Reported in : (1949)1MLJ1

..... . it may at once be stated that there is no proof whatever that the governor did not obtain the instructions of the governor-general as recited in the preamble to the ordinance or that the governor did not receive or act upon the advice of his ministers, in promulgating it, the argument being that the power conferred on the governor by section 88 (1) of the government of india act, 1935, is a power exercisable by him not in his individual judgment but only on the advice of his ministers ..... are as follows:whereas reasons of state, embracing the due maintenance of the alliances formed by the british government with foreign powers, the preservation of tranquility in the territories of indian princes entitled to its protection, and the security of the british dominions from foreign hostility and from internal commotion, occasionally render it necessary, to place under personal restraint, individuals against whom there may not be sufficient ground to institute any judicial proceeding, or when such proceeding may not be adapted to the nature of the case, or may for other reasons be unadvisable or ..... a.c. 425 where it was held that a mere right existing at the date of a repealing statute to take advantage of the provisions of the statute repealed is not a right accrued within the meaning of the usual saving clause in an interpretation .....

Nokia Solutions and Networks India Private Limited, Rep by its Authori ...

Court : Chennai

..... the respondent afforded an opportunity of personal hearing and rejected the petitioner's contention that section 12(1) of the tnsez act provide exemption from levy of tax on sale or purchase of goods under tngst act which enactment was repealed with effect from 01.01.2007 and thereafter, the levy of tax on the sale or purchase of goods is governed by the tnvat act. ..... , in a unit located in the madras special economic zones and other sez in the state of tamil nadu notified by the government of india or for development, operation and maintenance of sez by the developer of the sez, if such dealer has been authorised to establish the unit within the sez or develop or operate, maintain such sez subject to two conditions namely, they have to furnish a certificate in the form appended in the notification duly countersigned by the sez authority and the goods purchased are used only for the above mentioned purpose. ..... done or any action taken including any appointment made, any notification, notice or order issued, any rule or regulation framed or forms prescribed and any certificate, licence or permit granted in exercise of any power conferred by or under the said act or 1970 act, as the case may be, shall be valid and always as deemed to have been valid, during the period the said act or 1970 act, as the case may be was in force notwithstanding the repeal of the said act or 1970 act as the case may be. 10. .....

Adivasis For Social And Human Rights Action Vs. Union Of India

Court : Supreme Court of India

..... sub section (2) of section 92 of the government of india act, 1935 conferred power on the governor to make regulations for the peace and good government of any area in a province which was an excluded or a partially excluded area and any regulations so made might repeal or amend any act of the federal legislature or the provincial legislature or any existing indian law which was for the time being applicable to the area in question. ..... or it will apply with such modifications as may be specified in the notification issued under sub clause (1) of clause 5 of the fifth schedule or while making regulations in terms of sub clause (2) of clause 5 of the fifth schedule; (iii) the power of the hon ble governor under clause 5 of the fifth schedule does not supersede the civil appeal no.2202 of 2012 page 18 of 21 fundamental rights under part iii of the constitution of india; and (iv) therefore, the fundamental rights conferred by sub clause (e) of article 19(1) of the constitution of india on the citizens can also be exercised in relation ..... ) in that case the words which fell for consideration by the judicial committee were the power of parliament of canada to make provisions for the administration, peace, order and good government of any territory not for the time being included in any province . ..... the first part of sub clause (1) proceeds on the footing that all the state and central legislations applicable to a state are applicable to the scheduled areas within the said state. .....

R. Karuppan Vs. R. Namachivayam

Court : Chennai

Reported in : 1998(99)ELT214(Mad)

..... 38, and falling within the first schedule to the customs tariff act, 1975, when imported into india, from the whole of the duty of customs leviable thereon, which is specified in the said first schedule, and from the whole of the additional duty leviable thereon under section 3 of the second mentioned act subject to the conditions specified in column (3) against each serial number in column (1) of the said table. ..... an application may be made in the form given in appendix vii to the director general of foreign trade supported by the recommendation of the department of youth affairs and sports, government of india. ..... the above things are obviously insisted upon by the licensing authority to satisfy itself that there has been no violation of the foreign trade (development and regulation) act in the case of purchase of arms in foreign parts and in the case of gift, the identity of the donor is established so as to eliminate any shady deal under the guise of gift. ..... section 3 of the imports and exports (control) act, 1947, since repealed and replaced by section 5 of the foreign trade (development and regulation) act, 1992, the central government had notified on 31-3-1992, the export and import policy for the period 1992-97. .....

Sarbananda Sonowal Vs. Union of India (Uoi) and anr.

Court : Supreme Court of India

Reported in : AIR2005SC2920; JT2005(6)SC79; (2005)5SCC665

..... - (1) for the purposes of this section -(a) 'assam' means the territories included in the state of assam immediately before the commencement of the citizenship (amendment) act, 1985;(b) 'detected to be a foreigner' means detected to be a foreigner in accordance with the provisions of the foreigners act, 1946 (31 of 1946) and the foreigners (tribunals) orders, 1964 by a tribunal constituted under the said order;(c) 'specified territory' means the territories included in bangladesh immediately before the commencement of the citizenship (amendment) act, 1985;(d) a person shall be deemed to be of indian origin, if he, or either of his parents or any of his grandparents was born in undivided india;(e) a person shall be deemed ..... clause 2(1) of this order provides that the central government may by order refer the question as to whether a person is or is not a foreigner within the meaning of foreigners act, 1946, to a tribunal to be constituted for the purpose, for its opinion. ..... copies of several communications sent to the government of india by the state of assam requesting for repeal of the imdt act and also seeking appropriate amendment to the citizenship act, 1955, in order to declare the children of the illegal migrants entering into india after 1971 as foreigners, have also been filed. .....