Court : Rajasthan
Reported in : AIR1974Raj4; 1973()WLN424
..... in the absence of any direction by the governor-general under section 175(3) of the government of india act prescribing the manner, a valid contract may result from correspondence if the requisite conditions are fulfilled. ..... union of india air 1962 sc 113 with reference to section 175(3) and (4) of the government of india act. ..... mines and mineral (regulation and development) act, 1948, a pre-constitutional central act existed and that governed the regulation of mines and mineral development.according to section 4 of this act no mining lease could be granted after the commencement of the act otherwise than in accordance with the rules made under the act. ..... tewari on this rule in support of his contention that even when the director of mines and geology had the absolute power under the notification, issuedunder rule 43 (1) be only acted on behalf of the government and under rule 44, he was deemed to be the government itself. ..... under section 5 of the act of 1948, the central government was empowered to make rules for the granting of the mining leases or for prohibiting the grant of such leases in respect of any mineral or in any area. ..... section 70 of the contract act applied and the compensation can be recovered by the party who had performed his part of the agreement which the government had accepted. ..... the central government in exercise of the powers conferred by section 3 of the act of 1948 made 'the mineral concession rules, 1949'. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2006(202)ELT401(Raj); RLW2006(3)Raj2163; 2006(2)WLC509
..... challenge initiation of proceedings under section 4-i of the imports and exports (control) act, 1947 (hereinafter referred to as 'the act of 1947') against the petitioner under a notice to show cause dated 26.2.1993 issued by the additional director general of foreign trade, government of india under section 4l of the said act.2. ..... licence dated 20.10.1980 was granted to the petitioner from the office of chief controller of imports and exports, government of india, new delhi with certain conditions mainly enumerated in schedule-i and schedule ii appended to the licence. ..... controller of imports and exports, government of india granted a cg licence dated 20.10.1980 ..... the office of director general of foreign trace, ministry of commerce, government of india, is hereby quashed.19. ..... in precise, the controversy involved in the instant petition for writ is that whether any action can be taken under section 4-i(1)(a) of the act of 1947 against a person having licence or letter of authority in relation to any goods or materials which have been imported any who had failed to discharge export obligations or failed to adhere ..... the act of 1947 has already been repealed but in view of section 20(2) of the foreign trade (development and regulation) act, 1992 (hereinafter referred to as 'the act of 1992') such repeal is having no effect on ..... it is also pertinent to note that under the act of 1947 which stood repealed under the act of 1992 there is no provision for imposing any penalty for violation .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1968Raj249
..... it was contended for the respondents in that case that under sections 5 and 9 of the durgah khwaja sahab act, 1955 the government of india had the power of appointment' and removal of members of the committee of management as also the power to appoint the administrator in consultation with ..... it is hereby declared that none of the following offices, in so far as it is an office of profit under the government of india or the government of any state, shall disqualify the holder thereof for being chosen as or for being, a member of parliament, namely:- (i) the office of chairman, director or member of any statutory or non-statutory body other than any such body ..... observed:--''no doubt the committee of durgah endowment is to be appointed by the government of india but it is a body corporate with perpetual succession acting within the four corners of the act. ..... is neither appointed by the government of india nor is removable by the government of india nor is he paid out of the revenues of india. ..... the committee of the members of the committee are removable by the government of india or the committee can make bye-law? ..... state legislatures shown in the case of members of the legislatures unlike the case of the president and the vice-president of the union the disqualification arises on account of holding an office of profit under the government of india or the governments of the states but not if such officer is under a local or any other authority under the control of these governments.' 20. m. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1950CriLJ1060
..... this act had partly repealed the government of india act, 1935, and allowed the central government to enact legislation in regard to certain provincial matters as ..... ajmer-merwara is not a governor's province, and the provisions of section 100(3), government of india act, 1935, do not apply to it. ..... central legislature has certainly powers to make laws with respect to matters enumerated in the provincial legislative list for ajmer-merwara, which is a chief commissioner's province under section 100(4), government of india act, i93fi.4. ..... counsel for the applicants is obviously wrong in this for the india (central government and legislature) act, 1946, had already come into force from 1st april 1946 ..... and the act had both been passed under section 2, india (central government and legislature) act, 1946. ..... defence of india act and the rules remained in force till the expiration of a period of six months after the proclamation of emergency had ceased to operate i, e,, till 91st september 1946, ordinance xvii [18] of 1916 came into force from 1st october 1946 and directed continuance in force certain orders passed under the defence of india act and the ..... of the counsel for the applicants before the courts is that the chief commissioner had no powers to have issued such order under section 31 (2), defence of india rules as the central legislature could have enacted no legislation in the matter after 3lst march 1946. ..... [18] of 1946 was later repealed and replaced by central act, xxiv [24] of 1946. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1951Raj94a; [1951]20ITR214(Raj)
..... . the agreement dated 25-2-1960, can not be a fresh instrument of accession as after the enforcement of the constitution the provisions of the government of india act stood repealed by article 395 & the agreement was entered into in accordance with the provisions of articles 278, 291, 295 & 306 of the constitution as 13 mentioned in the preamble to the agreement ..... . by article 395, government of india act, 1935, together with all enactments amending or supplementing it, was repealed & by article 245(1) the power to make laws for the whole or any part of the territory of india from 26.1-1950 was conferred on the parliament subject to the provisions of the constitution ..... . according to article 8, the rajpramukh wag to execute not later than 15-4-1949 an instrument of accession in accordance with the provisions of section 6, government of india act & in place of the instrument of accession of the former rajasthan states & it was made imperative that he shall by such instrument, accept as matters with respect to which the dominion legislature may make laws for the united state ..... . the learned counsel for the union of india urged that under sub-section (3) of section 6, government of india act, 1935, a ruler had power to vary the instrument of accession of his state by a supplementary instrument of accession executed by him & accepted by the governor general & extending the functions exercisable .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2006(1)Raj878; 2006(2)WLC54
..... this contention is not well founded as the contention is based on an assumption that raj pramukh, before the commencement of constitution was exercising legislative power in terms of section 88 of the government of india act 1935 only during the absence of session of legislative assembly and it was required to be placed before house when legislative assembly was convened.3. ..... it did not lapse with the expiry of 6 months as contemplated under section 88 of the government of india act, 1935 or article 123/213 of the constitution of india as both the provisions did not apply to the ordinance promulgated by the then raj pramukh, of united state of rajasthan constituted under the aforesaid covenant ..... raj pramukh of united states of rajasthan in promulgating ordinance was not exercising power under section 88 of government of india act, 1935, but was exercising power as parent legislature, until legislative council was constituted.4. ..... when the constitution was inaugurated in terms of article 372, until it is so altered or repealed or modified by a competent legislature or other authority, the rajasthan public gambling ordinance, 1949 continued to remain in force ..... it shall continue to remain in force until it is modified or repealed by state legislature in exercise of its legislative power.14. ..... division bench of this court held that the rajasthan premises (requisition and eviction) ordinance, 1949 continued to remain in force by virtue of article 372 unless repealed as provided by law.12. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1950CriLJ1069
..... authority having power in that behalf.section 93(4), government of india act, 1935, lays down thatif the governor...assumes to himself any power of the provincial legislature to make laws, any law made by him in the exercise of that power shall, subject to the terms thereof, continue to have effect until two years have elapsed from the date on which the proclamation ceases to have effect, unless sooner repealed or re-enacted by act of appropriate legislature....the proclamation certainly remained ..... section 93, government of india act, 1935, no doubt, now stands omitted by the india (provisional constitution) order, 1947. ..... two main points have been raised on behalf of giani kartar singh before the court- firstly, that the punjab act, ii [2] of 1947, has now ceased to have effect and secondly, that the order of detention has been passed on no sufficient grounds.3. ..... there is thus no reason to suppose that punjab act il [2] of 1947 has now ceased to have effect.4. ..... 3 (1), punjab act ii [2] of 1947, the order of detention for one month dated 10th february 1949, under section 3 (2) of the act and the order of further detention, dated 17th march 1949, under section 3 (4) of the act have all been produced before the court. ..... the law has not so fall been repealed. ..... punjab act, ii [20] of 1947, in my opinion, n has not as yet ceased to have effect. .....
Tag this Judgment!Court : Rajasthan
Reported in : [2001]123STC593(Raj); 2001(4)WLC658
..... as a result of such an application, suits which may be within time according to the old act may become barred under the new act, because of the shorter period of limitation that may be provided under it for such suits, appeals or applications, as the period of limitation as prescribed under law in force as on the date right of filing suit is exercised governed the question whether as on the date of initiation of proceedings the plaintiff could exercise right. ..... but as from april 1, 1951, the hyderabad limitation act was repealed and the indian limitation act, 1908 was extended to the state of hyderabad. ..... --where this act, or any central act or regulation made after the commencement of this act, repeals any enactment hitherto made or hereafter to be made, then, unless a different intention appears the repeal shall not :(a)..........................(b).......................... ..... the purport of enacting section 30 of the limitation act, 1963 has been interpreted by various courts in the country to mean that indian limitation act, 1963 which repealed the act of 1908 applies to all suits and proceedings instituted after its commencement. ..... (e) ..........................and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such fine, penalty, forfeiture or punishment may be imposed, as if the repealing act or regulation had not been passed.'6. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1969WLN148
..... on this on 2nd june, 1964 the under secretary to the government of india sent a letter to the petitioner firm to send its views in writing regarding to the fact whether the establishment of the petitioner came under the ..... dated 16th november, 1961 that the petitioner was not covered by the provisions of the act and the scheme framed thereunder, but later on, the regional provident fund commissioner revised his view and thereupon the petitioner made a representation to the central government and the central government called for certain information from the petitioner and eventually decided by letter dated 5th september ..... any other establishment employing twenty or more persons or class of such establishments which the central government may,; by notification in the official gazette, specify in this behalf:provided that the central government may after giving not less than two months notice of its intention so to do, by notification in the official gazette, apply the provisions of this act to any establishment employing such number of persons less than twenty as may be specified in ..... had informed the petitioner by letter dated 16th november, 1961 that the petitioner was not covered by the provisions of the act and the scheme framed thereunder and that later on the petitioner made a representation to the central government and the central government informed the petitioner by letter dated 5th september,1964 that the establishment of the petitioner was a factory engaged in the scheduled .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1967Raj90
..... 1 (3) food/ sup/65 dated 31st december, 1965, the government of india in exercise of its powers under section 3 of the essential commodities act, 1955 repealed the gram-barley order 1964, as also the rajasthan coarse-grains regulation of distribution order, ..... in exercise of the powers under the defence of india act the central government made the defence of india rules 1962 rule 125 empowers the central government or the state government for the purposes of securing the defence of india, and civil defence, the efficient conduct of military operations or the maintenance or increase of supplies and services essential to the life of the community or for securing the equitable distribution and availability of any article or thing at ..... therein and in exercise of these powers the government was empowered to provide for issuing of licences, permits, or otherwise for the production, manufacture, treatment, keeping storage, movement, transport, distribution, disposal, acquisition, use or consumption of articles or things of any description whatsoever thus during the period of emergency the government can claim to have powers both under the essential commodities act, 1955, and under the defence of india act, and the rules thereunder to impose controls ..... while the government should be anxious to carry out the policy underlying the essential commodities act, or for that matter under the defence of india act, it should at the same time see that the legitimate grievances of individual citizens .....
Tag this Judgment!