Judgment Search Results Home > Cases Phrase: government of india act 1833 repealed Court: delhi Page 1 of about 6 results (0.055 seconds)

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 it may be stated here that although the government of india act, 1833 is superseded by the promulgation of the government of india act, 1858, to the extent provisions are made therein, but the 1858 act does not in any way repeal the laws and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. ..... the government of india act, 1833 in fact came to be repealed by the government of india act, 1915. s. ..... 45 of the government of india act, 1833, it would appear that all laws and regulations made in exercise of the legislative power so long as they remain un repealed, shall be of the same force and effect as any act of parliament, and shall be taken notice of by all courts of justice whatsoever within the territories in the same manner as any public act of parliament would and ought to be taken notice of. ..... 43 of the government of india act, 1833 expressly stated as follows: 'that the governor general in council shall have power to make laws and regulations for repealing, amending, or altering any laws and regulations whatever now in force. ..... lekhi, after the promulgation of the government of india act, 1858, 1833 act stood repealed and only orders, regulations and directions given or made by the court of directors or by the commissioners for the affairs of india before the commencement of the act 1858 would remain in force and no other orders, regulations and directions shall remain in force. .....

Raj Singh Vs. the Union of India and ors.

Court : Delhi

Reported in : AIR1973Delhi169

..... (a) that they are statutory regulation issued under section 43 of the government of india act, 1833 and (b) that they are only administration instructing got only administrative statue in support of the first view it may be pointed out that section 43 of the government of india act 1833 expressly stated as follows:-- 'that the said government general in council shall have power to make laws and regulation of repealing amending or altering any laws and regulation whatever not in force'. ..... section 45 of the government of india act 1833 states that all laws that regulations made was aforesaid shall be of the same force and effect within and throughout the said territories as any act of parliament would. ..... sec 130 of the government of india act, 1915 repe led the government or india act 1858 but provided that the repel was not to affect the validity of the regulations issued there under and in force at the commencement to the government of india act. ..... we first consider the argument of the petitioner appellant on the assumption that the order 179 of 1834 was a 'law' if so the president of india who now stands in the place of the governor general in council in view of section 64 of the government of india act. ..... section 65 act of government of india act. ..... 1772 as also by the subsequent acts including the government of india act. ..... lastly it is true that the preamble does not expressly state that the regulation were issued under section 43 of the government of india act. .....

The Punjab Registered (iron and Steel) Stockholders Association Ltd. V ...

Court : Delhi

Reported in : ILR1970Delhi809

..... in both these casesit was held that the provisions of section 175(3) ofthe government of india act, 1935 or the correspondingprovisions of article 299(1) of the constitution aremandatory and their non-observance has the ..... it musttherefore be held that as the contract was not in theform required by the government of india act,1935, it could not be enforced at the instance ofthe appellant and thereforee the dominion ofindia could not be sued by ..... was held that although the contract of agency might be created by expressor implied agreement of principal and agent, in thecase of government of a province, section 175(3) of the government of india act, 1935 had to be complied with and since it had been noticed by the courtsbelow that there was no document or.letter appointingthe plaintiff as an agent of government there was noenforceable contract, the breach of which could giverise to a claim for damages against the government. ..... the memorandum referred to in the plaint, but it was assertedthat the contract which formed the basis of the plaintiff's claim was not in accordance with section 175(3) ofthe government of india act, 1935 and was thereforeevoid and un-enforceable. ..... 175 of the government of india act, 1935which read as under :- 'subjectto the provisions of this act withrespect to the federal railway authority, allcontracts made in the exercise of the executiveauthority of the federation or a province shallbe, expressed to be made by the governor-general or by the governor of the .....

Sajid Ali Vs. State and ors.

Court : Delhi

..... government of india act, 1915 was repealed and re-enacted with modifications by government of india act ..... government of india act, 1935 was repealed by the constitution of india ..... justice as applicable to the chief justice of the high court of punjab, including the powers contained in section 108(2) of the government of india act as also the powers contained in clause 26 of the letters patent (lahore) became vested in the chief justice of the delhi ..... section 108 of the government of india act, 1915, and reads as follows: clause 26: and we do hereby declare that any function which is hereby directed to be performed by the high court of judicature at lahore, in the exercise of its original or appellate jurisdiction may be performed by any judge or by a division bench thereof appointed or constituted for such purpose of pursuance of section one hundred and eight of the government of india act, 1915.8. ..... of the court as declared in section 108(2) of the government of india act have been referred to by the supreme court in n.s. ..... government of india act ..... to be judged unheard was a precept known to the greeks, inscribed in ancient images, where justice was administered, proclaimed in senocas madea, enshrined in the scriptures, traced by the supreme court to the arthshastra in india, mentioned by saint augustine, embodied in germanic as well as african proverbs, ascribed in the year books to the law of nature, asserted by coke to be principle of divine justice and traced by an eighteenth century .....

Salim Khan Vs. Union of India Through Its Secretary

Court : National Green Tribunal Principal Bench New Delhi

..... this was carried out as per the new guidelines issued by the national tiger conservation authority (ntca) setup by the government of india and permission was accorded by the moef vide its letter dated 27th december, 2004 (filed at annex. r-2). ..... it has been further submitted that use of forest land for relocation of displaced villages after obtaining the permission from the moef, government of india, is not against the provisions of the forest (conservation) act, 1980. ..... located inside the bori wildlife sanctuary, are being shifted and rehabilitated in the degraded protected forest (in short, referred to as 'pf') land of hoshangabad forest division duly obtaining permission from the ministry of environment and forests, government of india under the forest (conservation) act, 1980. ..... of the villagers displaced from the core area of the satpura tiger reserve by selecting the degraded pf in hoshangabad division is as per the statutory requirement under the wildlife (protection) act, 1972 and as per the guidelines issued by the ntca as well as the state government, we are satisfied that the averments made by the applicants do not contain any substance and the action taken by the respondents is in accordance with law and no evidence on record ..... , based on the said certificate and since no revenue land is available, the forest villages located in the interior part of the sanctuary are relocated and rehabilitated in the aforesaid pf land with the permission of the government of india. .....

Sudama Saran Sharma Vs. State

Court : Delhi

Reported in : 1984(3)Crimes357; ILR1984Delhi437

..... authority or as an instrumentality of exercise of executive powar bound the government and was no different than the order ..... made no distinction between 'one class of -government servants and another even though it was based on a .distinction between [public servants, who were government servants, and public servants, who were not government servants the reasoning in support dl this 'view was based on .the constitutional provisions .in the government of india act, as indeed, in our constitution as to the manner :m which government business was 'to be conducted and based on title theory that an order of a government functionary at different levels pursuant to delegated ..... it was further pointed out that as early as in the government of india act, 1858, it v/as recognised that the power of making appointments to offices in india was divided and distributed amongst several authorities in india and existing usage and regulations relating thereto were continued subject to the reservation of power to the secretary of state in council .....

Ram Chander Sagar Vs. Delhi Administration and ors.

Court : Delhi

Reported in : ILR1975Delhi284

..... which excluded the police personnel from the ambit of the rules framed under section 241 of the government of india act and which (but for its repeal) could have excluded the rules framed under article 309 of the constitution, the rules framed under section 241 of the government of india act or its successor article 309 of the constitution became applicable to the police personnel in the same way as they were applicable to other civil servants quite ..... , further continuation, notwithstanding the repeal of the government of india act and certain other enactments by the constitution ..... the government of india act, 1935 was repealed by article 395 of the constitution which did not contain any provision corresponding to section 243 of the said act. ..... but the government of india act, 1935 was repealed by article 395 of the ..... respect, the attention of their lordships was not invited to the repeal of section 243 of the government of india act. ..... question would naturally arise whether the ccs(ts) rules which could not apply to the police personnel till the commencement of the constitution in view of section 243 of the government of india act, 1935 became applicable to the police personnel from and after january 26, 1950 when the constitution came into force. ..... in section 7 by orders after the government of india act, 1935 was enacted and later on the commencement of the constitution to bring the act in conformity first with the government of india act, 1935 and then with the constitution. .....

Municipal Corporation of Delhi Vs. Tyagi Anani and Company (P) Ltd.

Court : Delhi

Reported in : ILR1972Delhi804

..... is regarded as an order passed by the high court in its original jurisdiction or whether it is regarded as an order passed by the high court in exercise of the power of judicial superintendence originally conferred on it by section 107 of the government of india act, 1915 which was repealed and re-enacted by section 224 of the government of india act, 1935 which in its turn repealed and re-enacted by article 227 of the constitution, the result is the same, namely, that the present appeal is not maintainable under clause 10 of the letters patent. ..... what was the effect of the repeal of the government of india act, 1915-1919 by the government of india act. ..... article 395 of the constitution repealed the government of india act, 1935. ..... statutes may differ in details(5) learned counsel for the appellant argues that the legislature would not have mentioned that orders passed in exercise of the power of superintendence under the provisions of section 107 of the government of india act, 1915 are excluded from the appeals which can be filed under clause 10 if these orders could be regarded as made by the high court in the exercise of 'revisional jurisdiction. ..... , speaking for the division bench observed that the jurisdiction under article 227 of the constitution (which is the same as it was under section 107 of the government of india act, 1915) was revisional jurisdiction as contrasted with the extraordinary original jurisdiction of the high court under article 226 of the coustitution. .....

Shri Suraj Bhan and Another Vs. Shri Rajinder Pal Singh Lamba and Othe ...

Court : Delhi

Reported in : 91(2001)DLT702

..... of appellants that notwithstanding repeal of section 35(3) of the act, by virtue of article 10 of the order of 1937, rule vi continued to be in operation, shri sandeep sethi appearing for the appellants, pointed out that article 10 of the order of 1937 is irrelevant in that it only provided for exercise of powers by a person or authority as applicable prior to the commencement of part-iii of the government of india, act, 1935. ..... article 10 of the order of 1937 reads to the following effect:'save as provided by this order all powers which under any law in force in british india, or in any part of british india, were immediately before the commencement of part iii of the government of india act, 1935, vested in, or exercisable by, any person or authority shall continue to be so vested or exercisable until other provision is made by some legislature or authority empowered to ..... secondly, it was argued that section 35(3) of the punjab courts act, 1918 under which, rule vi, was framed stood repealed by the government of india (adaptation of india laws) order 1937 and as a result the said rule ceased to exist and thus that rule was no longer available to the graduate ldcs to seek promotion there under by ..... though section 35 of the punjab courts act, 1918, was repealed by the government of india (adaptation of indian laws) order, 1937, but the rules contained in chapter 18-a, volume 1, high court rules & orders, were saved by article 10 of this order till other provision in this behalf was .....

Ganga Pershad Vs. Municipal Corporation of Delhi and ors.

Court : Delhi

Reported in : ILR1977Delhi111

..... first place he says that under the central civil services (conduct) rules, 1955 of the government of india (hereinfater called conduct rules of 1955) which were applicable to him under the service regulations of 1959 of the corporation there was no prohibition against his acting as the founder and managing director of a co-operative society. ..... the conduct rules of 1955 may be changed, amended and repealed by the central government but their independent existence under the service regulations of 1959 ..... the service regulations of 1959 and instead of setting out the rules of 1955 at length the definition clause made it clear that no addition to these rules can be deemed to be incorporated in it even if subsequently they are repealed or amended by the central government. ..... this means that even if the conduct rules of 1955 are repealed they will continue to govern, the municipal employees unless the definition clause is amended as was actually done on september ..... it was accepted as a settled rule or construction that where a statute is incorporated by reference into a second statute the repeal of the first statute does not affect the second. ..... of the matter thereforee is that the service regulations of 1959 as originally framed on april 4, 1959 were concerned with the conduct rules of 1955 and did not refer to any subsequent amendment or repeal of those rules in future. ..... (20) a repeal or anamendment of the conduct rules of 1955 was not in the contemplation of the rule-making authority in .....