Court : Himachal Pradesh
Reported in : AIR1972HP26
..... of the allahabad high court, in which it was held that the bombay regulations in question were statutory enactments made under the powers reserved to the governor' in council prior to the introduction of the government of india act. ..... therein that the land comprising the site of the property known as 'handley cross estate' measuring 0.97 acre belongs to the government of india and is held by the addressees on the 'old grant' terms (governor general's order no. ..... order provides for occupancy and it says that no ground will be granted except on the following conditions which are to be subscribed by every grantee as well as by those to whom this grant may subsequently be transferred:1st:-- the government to retain the power of resumption at any time on giving one month's notice and paving the value of such buildings. ..... the petitioners were required to deliver possession on 22nd december 1969 at 11.00 hours and it was stated therein that the government was prepared to pay and so offered a sum of rupees 20,000/- as the value of the authorised structures standing on ..... regulation, notification, custom or usage having in the territory of india the force of law' and article 13 (3) (b) says that ''laws in force' include laws passed or made by legislature or other competent authority in the territory of india before the commencement of this constitution and not previously repealed, notwithstanding that any such law or any part there of may not be then in operation either at all or ..... 1833 .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 1951CriLJ3
..... being whether an order of the chief commissioner extending the period of detention of a person detained under section 3 (1) of either the act of 1947 or 1949 is an 'instrument' within the meaning of this section, and the second being whether the section is intended to apply to enactments and instruments which come into existence after the passing of the act which repeals and re-enacts with or without modification any provision of a former enactment, or whether, as is contended by the learned counsel for ..... it seems to me to be inconceivable that in enacting section 8 the legislature could have been contemplating the possibility of a reference in any future act to the provisions of some act which had already been repealed and re enacted with or without modifications, since such a reference could only arise in the case of gross error, if the section cannot be taken as being meant to apply to enactments which were to come into existence at a later date, it ..... in that case, among many other points, the question arose whether an order of the provincial government delegating the power of detaining persons under rule 26, defence of india rules, to district magistrate was an 'instrument' within the meaning of section 8 (1), general clauses act, the terms of which are almost identical with those of section 6 of the punjab act. .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1950HP40
..... under sub-section (1) of section 26, a panchayat shall have jurisdiction to try upon complaint--(a) any of the offences specified in schedule i to this act, and under section 27, the government may, by notification, enhance the criminal powers of a particular panchayat, section 28 authorizes any magistrate, before whom a complaint or report by the police of any offence triable by a panchayat is brought, to transfer the proceedings to the panchayat. ..... in the lahore case cited above, their lordships were dealing with a reference made by the district magistrate, in which the panchayat, purporting to act under the village panchayat act, had passed a sentence of fine, usurping a jurisdiction punishing the offence under section 406, whereas the actual offence committed was theft of property of value which the panchayat could not try. ..... section 54 provides that the provisions of the code of criminal procedure, 1898, the code of civil procedure, 1908, and of the evidence act, 1872, shall not apply to proceedings before panchayats, save to the extent, mentioned in this act and this section enjoins upon the panchayat to pass such order, sentence or decree as may be in accordance with justice, equity and good conscience. ..... the act of 1939 repeals the punjab village panchayat act of 1921. ..... , provides : 'besides the high courts and the courts constituted under any law other than this code for the time being in force, there shall be five classes of criminal courts in british india, namely : -- i. .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1951HP61
..... 5, merged states (laws) act, 1949, the provisions relating to appeals & revisions contained in the himachal pradesh (courts) order stand explicitly repealed, & whether, therefore, since 1-1-1950, when that act was passed, appeals & revisions in this state are governed by corresponding provisions in the code of civil procedure. 6. ..... is a general enactment relating to the procedure of the courts of civil judicature extending to the whole of india except part b states & the scheduled districts, while the himachal pradesh courts) order is a special provision relating to only a few of the matters covered by the civil p. c. ..... presuned not to intend to alter that special provision by a subsequent general enactment unless that intention be manifested in explicit language, or there be something which shows that the attention of the legislature had been turned to the special act & that the general one was intended to embrace the special cases provided for by the previous one, or there be something in the nature of the general one making it unlikely that an exception was intended ag regards the .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1952HP14
..... emperor', air (30) 1943 pat 245, that the right of appeal is a substantive right and not a mere matter of procedure, that it is governed by the law prevailing at the date of the institution of the suit, and that that right could not be taken away by any subsequent enactment unless the subsequent enactment purports expressly or by necessary implication to be ..... so far as the law relevant to the matter under consideration is concerned, it was contained in the state courts act, 1943, and this act had not been repealed or amended by the time that the present suit was instituted. ..... this contention was however repelled, and it was held that the case was governed by the himachal pradesh (courts) order, and that under the provisions of that order the second appeal was ..... the question however, is whether for the fulfilment of the said requirement as regards the amount or value of the subject-matter of the dispute the present petition is to be governed by the provisions of article 133 of the constitution of india or by some other provisions.3. ..... i therefore hold that the right of appeal to the supreme court in the present case will be governed by the law prevailing at the time of the institution of the present suit, and not by article 133 of the constitution of india. ..... was therefore objected by the learned counsel for the plaintiff-respondent that in view of the provisions of article 133 of the constitution of india, which has raised the value of the subject-matter of the dispute from rs. .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1952HP74
..... determination is : what if any is the effect of the seizure and arrest having in the present case been made by officers of the opium department who had not been authorised in that behalf by the state government under section 14 of the act but before i consider this question, it will be convenient to take up the other defect, pointed out above, which is said to have deprived the magistrate of the jurisdiction to try the case, namely, ..... , the search, seizure and arrest were illegal, whether under section 14 or section 19 of the said act, because the officers in question of the opium department had not been authorised by the government as required by the former section and there was no warrant for arrest or search as laid down by ..... sunset by officers of the said departments above a certain rank authorised in that behalf by the state government, while under section 15 any officer of the said departments without any limitations of rank or special authority or time may (a) seize the contraband opium in an open place or in transit, and (b) detain and search any person guilty under the act or such law, and, if such person has opium on his person, arrest him. ..... 1025 of part iii, section 3 of the gazette of india, dated 27-10-1951, however, shows that the only officers authorised in this state under section 14, opium act, are all excise officers above the rank of jamadar of peons and all police officers above ..... act is a short one containing 25 sections of which sections 2, 6 and 22 stand repealed .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1953HP38
..... assembly enacted the constitution on 26-11-1949, and, except for some of its provisions which came into force at once, it commenced on and from 26-1-1950, and the indian independence act, 1947, and the government of india act, 1935, were repealed.9. ..... the constituent assembly amended the government of india act, 1935, on 15-1-1949 by means of the government of india (amendment) act, 1949, by insertion in the former act of section 290a which empowered the governor-general by order to direct the administration of any indian state or group of states as a ..... ; and until the passing of the constitution by the constituent assembly provision was made for the government of thedominion in accordance with the government of india act ..... under this act, his majesty's government in the united kingdom ceased to have responsibility as respects the government of territories which comprised british india, and which were thenceforward to constitute the territories of the dominion of india; the suzerainty of his majesty over the indian states and all treaties and agreements between them lapsed, leaving it optional with the indian states to accede to either of the new dominions .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1953HP18
..... 332, it is doubtful whether the delegation of legislative function to the central government whereunder the act in question was passed, was intra vires the power of the constituent assembly.it is however not necessary to go into the question for the said chamba act, under the provisions of which jorawar was convicted and sentenced, was in any ease repugnant to the provisions of article 23 of the constitution of india. ..... learned government advocate did not oppose the reference but stated that in view of the ruling of their lordships of the supreme court in -- 'in re the delhi laws act (1912 ..... question shows that the fine was imposed on jorawar because the latter refused to carry a load of some government property on being required to do so by the tahsildar on 22-4-1951. ..... be said of imposition of compulsory service for the purpose of carrying a load of government property by the tahsildar or any government servant in normal times. ..... has made the reference on the ground that the said act had already been repealed on 29-6-1949 by the himachal pradesh (repealing) order, 1949. ..... recommending that the conviction of jorawar under section 2 of the chamba paid forced labour act (iii of 2004 b) by the tahsildar of tahsil churah be set aside and the ..... as pointed out above, the act provided for imposition of fine by a revenue court, and it was, therefore, as an assistant collector second grade, and not as a second class magistrate, as stated by the learned district magistrate, that the tahsildar of .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1953HP79
..... in other words, the legality or otherwise of the said things' done continued to be governed by the provisions of section 19), mandi land revenue regulation of 1975, despite the repeal and despite the fact that the hindu law and not the said regulation was in force on the date of the ..... since the repealing act in the present case is a central act, the repeal would be deemed to be ..... this will become further evident from the fact that although the new section 48 as amended by act 4 of 1928 had come into force before the institution of the suit, the law held: applicable in respect of the claim for the years 1333 and 1334 was the law ..... clauses act, so that the insertion of any saving clause in the repealing act was unnecessary ..... the same result will follow by applying the test contained in section 102, evidence act, namely, that the burden of proof in a suit or proceeding lies on that person who would fail it no evidence at all ..... effect is inserted in the repealing statute, but this is really unnecessary both by the common law and now by section 38(2) of the interpretations act, 1889. ..... during the first two years the old section 48, bengal tenancy act, was in force which imposed a disability on an occupancy raiyat as regards the rate at which he could recover ..... this argument is contrary to the clear provisions of section 101, evidence act, which lays down that whoever desires any court to give judgment as to any legal right or liability dependent upon the existence of facts which he asserts, .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1953HP82
..... again, the district judge held that the case was not governed by the new laws which came into force on 25-12-1948 since the order of the deputy commissioner had already been ..... he further held that the case was governed by the law in force at the time of the ..... court was clearly in error in holding that there was any new law which came into force on 25-12-1948 governing the facts of the present case. ..... the present case by the learned dis-trial judge therefore on the ground of the repeal or otherwise of any old law on 25-12-1948 was erroneous.5. ..... be applicable, there is no doubt that it stood repealed since 25-12-1948 because of the enforcement in himachal pradesh of the corresponding law as contained in the punjab land revenue act. ..... that the disposal of the present case by the learned district judge on the ground of repeal of any old law was erroneous. ..... the learned government advocate however conceded that section 19 of the said regulation laid down a rule of succession applicable only in the case of collaterals but not in the case of lineal descendants of the last male holder, as for example ..... refer to the said regulation because it was replaced by the punjab land revenue act, on the passing of the himachal pradesh (application of laws) order on 25-1.2- ..... of said regulation, daughters could not be regarded as legal heirs of the deceased and the property in suit had therefore escheated to the government.9. ..... deputy commissioner of mandi passed an order escheating the land to the government. .....
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