Court : Mumbai
Reported in : (1937)39BOMLR1046
..... xvii of 1827 and regulation vi of 1833 were repealed by section 1 of the bombay act vii of that year which substituted in section 21 a similar provision requiring claims to exemption from payment of land revenue in virtue of prescription to be admitted, in the case of lands in certain districts, if proved to have been held exempt from payment of and revenue under a tenure recognized by the custom of the country for sixty years prior to the date of the act, and in the case of other lands ..... on october 26, 1926, the collector of bombay addressed to the appellant a notification that the government had been pleased to sanction, under section 8 of the bombay city land revenue act of 1876, the assessment of certain property in bombay belonging to her described as 'land at bora bazar ..... plainly on the appellant to show that, as the superior holder of the property in question, she has ' a right in limitation of the right of government in consequence of a specific limit to assessment having been established or preserved,' and that that specific limit is nil. ..... a declaration ' that there is a right on the part of the plaintiff in limitation of the right of government to possess and hold her said land free from assessment and that the defendant has no right to levy any assessment ..... when there is a right on the part of the superior holder in limitation of the right of government, in consequence of a specific limit to assessment having been established and preserved, the assessment shall not exceed .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1939All106
..... the east india company's charter act of 1833, 3 ..... 817 where it was held that there was no jurisdiction for the district judge under the land acquisition act, where the collector claimed the-land as belonging to government, because section 15 contemplated a dispute between persons who appeared in response to a notice under section 9, and the collector himself ..... that though the ruling held that such cases do come under the land acquisition act, where the government claims, that the land belongs to it, some further distinction can be established from the words used in the full bench ruling on page 667:if we look at sections 4 and 6, land acquisition act, we find that what is to be acquired is land, and nothing apart from ..... page 861 their lordships stated:their lordships however have no doubt that, when government are acquiring immovable property for a public purpose under act 1 of 1894, it is for the person claiming compensation to establish his ..... it was replaced by the regulation of 12th september 1836, which provided in 6 (1st):the government to retain the power of resumption at any time on giving one month's notice and paying the value of such buildings as may have ..... banerji that the present case could not have been brought under the land acquisition act because that act deals only with the acquisition of land, and that here the secretary of state claims the land as owned by him, and applies asking for compensation to be ..... 1836 which has never been repealed has therefore the force of .....
Tag this Judgment!Court : Mumbai
Reported in : (1946)48BOMLR740
..... terms of section 22 of the indian councils act of 1861 (as amended in 1865 and 1869), and that on the true construction of section 22, the indian legislature had no power to enact a law prescribing a punishment for any offence committed by a non-british subject outside british india, alternatively, it was contended that even if the question should be determined with reference to the terms of section 73 of the government of india act of 1833, the power of the indian legislature thereunder was no wider than under ..... councils act of 1861 repealed only certain specified sections of the statute of 1833 and the continuance of the remaining provisions of the older statute was placed beyond all doubt by an express provision in the latter part of section 2 to the effect that'' all other enactments whatsoever now in force with relation to the council of the governor general of india. ..... section 73 of the act of 1883, not being one of the sections specifically repealed, would thus be one of the provisions ..... the governor general in council, in the exercise of this general power, from making any laws or regulations 'which shall repeal or in any way affect any of the provisions' of various acts of parliament. ..... this power of the governor general in council could be traced only to section 73 of the government of india act of 1833, he argued that the assumption made by parliament in the later act might legitimately be used as an aid in interpreting the general or ambiguous language of the earlier act. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : [1951]2SCR747
..... indian central legislature was given power to convert itself into a constituent assembly to frame a constitution of india, including the power to amend or repeal the government of india act, 1935, which till the new constitution was adopted, was to be the constitution of the country. ..... section 22 substantially re-enacted the provisions of section 43 of the act of 1833 subject to the proviso that the governor-general in council should not have power to repeal or affect the provisions of this act of 1861 or other acts therein specified ..... this meant that section 45 of the act of 1833 which gave to the laws made by the governor-general in council the force of an act of parliament continued, so that the laws made under the act of 1861 by the governor-general in council also had in british india the force of an act of parliament ..... . section 2 repealed sections 40, 43, 44, 50, 66 and 70 of the act of 1833 and provided that all other enactments whatsoever then in force with relation to the council of the governor-general or to the councils of the governors should continue ..... subject to such conditions as he may think fit to impose, the power so conferred to any other authority to be specified by him in that behalf; (b) for parliament, or for the president or other authority in whom such power to make laws is vested 1833, the laws used to be passed by the governor-general in council or by the governors of madras and powers and the imposition of duties, upon the union or officers and authorities thereof. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1955Cal581,59CWN531
..... however, said as follows:'in view of the fact that the government of india act, 1935, has been repealed and the provisions of our constitution on this point are different from those of the government of india- act, the question has also become. ..... , pointed out that the only section authorising such a suit or proceeding is section 176, government of india act, 1935, which authorised the use of the name of the province only in respect of certain suits and proceedings which did not include an application for the issue of a writ of 'quo warranto'.reference was also made ..... the provision was reproduced in the government of india act, 1915.section 176(1), government of india act, 1935 also reproduced the same provision with two points of differences ..... writ of certiorari, therefore, falls within the expression 'sue' used in section 176, government of india act, 1935, and the remedy therefore is within the express terms of the statute. ..... of the secretary of state in council the federation of india and/or the provincial government were substituted, and the liability was subject jo any provision enacted by the respective legislature.it has now been held, as pointed out above, that the words 'sue or be sued' appearing in section 176, government of india act, 1935 included proceeding in certiorari. ..... 306, read with section 176, government of india act, 1935, expressly preserves the right to sue in all cases where such a right could be exercised as against the east india company. ..... ', (1833) 4 b & .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1965Cal570
..... any personal benefit in the shape of maintenance and support of a mohemadan founder of his family, children and descendants was held to vitiate the wakf and the wakfs validating act, 1913 was passed in order to validate such wakfs and, therefore, those trustees who were formerly held to be trustees under an invalid wakf trust because of that personal benefit had to be expressly brought ..... education medical relief, and the advancement of any other object of general public utility, but nothing contained in clause (i) or clause (ii) shall operate to exempt from the provisions of this act that part of the income from property held under a trust or other legal obligation for private religions purposes which does not enure for the benefit of the public.' 25. ..... in 1839 agitation was started in the united kingdom that the function of a christian government was not to administer hindu endowments and provide for the maintenance of hindu temples and mahommadan mosques but to observe ..... in 1864 the official trustee act (act 17 of 1864) was passed (now repealed by act 2 of 1913), by which property could vest ..... the charter act of east india company was renewed in 1833, the ..... ultimately in the year 1863, religious endowment act act 20 of 1863) was passed repealing in part the said bengal and madras regulations, which were not only found defective but also met with disastrous results meantime ..... referred to by my learned brother, which i am not repealing, hold that the shebaits of a deity are liable for .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1967SC1581; (1967)69PLR781; [1967]3SCR399
..... 40 of the requirements of fines and recoveries act, 1833, which empowered a married woman to dispose of land by deed which she held in fee, provided she did so with the concurrence of her husband and by deed acknowledged, was held to have been impliedly repealed by the married women's property act, 1882 which authorised her in general terms to dispose of all real property as if she were a feme sole(1). ..... the objects and reasons given for the enactment of the act (as quoted by the high court) were that there was no provision in the land revenue act or in any other act providing for summary removal of unauthorised encroachments on or occupation of government and nazul properties including agricultural lands and residential buildings and sites and for recovery of rent, that the only procedure available to government was to sue the party concerned in a civil court which was a cumbersome procedure ..... 5 confers an additional remedy over and above the remedy by way of suit and that by providing two alternative remedies to the 'government and in leaving it to the unguided discretion of the collector to resort to one or the other and to pick and choose some of those in occupation of public properties and premises for the application of the more drastic procedure under s. ..... lushington, in the india, (1) (as quoted in craies on statute law, 6th ed. ..... union of india and (1) [1952] s.c.r. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1969SC164; 1968(16)BLJR973; [1968]3SCR734
..... trivikram narain singh : [1962]3scr213 this court held that an allowance of a fixed sum of money computed on the basis of 1/4th share of the net revenue of certain estates payable by the government to the ex-jagirdars as compensation for abandonment of their right in those estates was not a right or privilege in respect of land in any estate or its land revenue within the meaning of s. ..... the uttar pradesh zemindari abolition and land reforms act, 1951, and on the issue of a notification vesting those estates in the government the right to the allowance did not cease. ..... attorney-general contended that the malikana was payable in respect of certain other estates, that the maharaja should be regarded as an intermediary of those estates and that on the vesting of those estates in the government the right to malikana ceased and the maharaja became entitled to compensation only under sec. ..... the privy council held that malikana was something payable on the part of government in respect of a right and therefore a suit relating to malikana was not cognizable by the court without a certificate from ..... section 5 of regulation vii of 1822 repealed the existing regulations regarding malikana and substituted fresh provisions for ..... the new provisions were declared by section 11 of regulation ix of 1833 to be prospective only and to be applicable solely to the settlements made ..... baden-powell, land-system of british india, vol. i. pp. ..... state for india 50 cal. ..... 's lands systems of british india, vol. ii, p. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1970MP172; 1970MPLJ306
..... in england section 28 of the civil procedure act, 1833 has been repealed and replaced by section 3 of the law reforms (miscellaneous provisions) act, 1934 which empowers a court to allow interest from the date of the cause of action to the date of judgment in any proceedings for recovery of ..... allow interest on the amount of damages from the date of the application and/or from the date of the award till payment, a claims tribunal is constituted under section 110 of the motor vehicles act, 1939 'for the purpose of adjudicating upon claims for compensation in respect of accidents involving the death of, or bodily injury to, persons arising out of the use of motor vehicles. ..... after the institution of suit, the power to award interest in india is governed by section 34 of the code of civil procedure, 1908. ..... ' in exercise of this power, the state government has framed rules known as the madhya, pradesh motor accidents ..... ' the change introduced by the law reforms act thus enables a court in england to award interest for a period prior to the date of suit even when the suit is for recovery of unliquidated damagest no such change has taken place in india and interest cannot be awarded for a period prior to the date of suit when the suit is for ..... court to allow interest prior to the date of suit is governed by the interest act, 1839. ..... there is no similar provision in india and the award of interest for any period after judgment is govered by section 34 of the ..... = (air 1968 mp 2s9), union of india v. .....
Tag this Judgment!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!