Judgment Search Results Home > Cases Phrase: government of india act 1858 repealed section 14 as to retiring pensions etc Page 1 of about 30 results (0.131 seconds)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

..... is utterly devoid of any substance because section 92 of the government of india act, 1935 ceased to exist after repeal of the government of india act, 1935 by article 395 of the constitution ..... 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 ..... it was contended on behalf of the state that after the enactment of the constitution the land customs act, 1924 became applicable to excluded or partially excluded areas because first it was an existing law and secondly the restriction under section 92 of the government of india act, 1935 which required a specific declaration of the governor to apply any legislation to the areas in question was ..... the extent of the legislative power of the governor under section 92 of the government of india act, 1935 in making regulations for the peace and good government of any area conferred on the governor in the words of lord halsbury 'an utmost discretion of enactment for the attainment of the ..... the central or the provincial acts under sub-section (1) of section 92 of the government of india act, 1935 however were not applied to excluded and partially excluded areas unless the governor .....

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

Court : Allahabad

Reported in : AIR1979All170

..... the law made under the 1833 act was continued in force by section 65 of the government of india act, 1858 which continued 'all acts and provisions now (then) in force' section 130 of the government of india act, 1915 expressly saved the order no. ..... section 321 of the government of india act, 1935, repealed the earlier government of india act, 1915, but section 292 thereof saved the existing law by providing:'notwithstanding the repeal by this act ot the government of india act, but subject to the other provisions of this act, all the law in force in british india immediately before the commencement of part iii of this act shall continue in force in british india until altered or repealed or amended by a competent legislature or other competent authority. ..... , resolution, order, regulation, direction or contract made, or form prescribed, or table settled under any enactment hereby repealed and in force at the commencement of this act, or(b) the validity of any appointment, or any grant or appropriation of money or property made under any enactment hereby repealed, or(c) the tenure of office, conditions of service, terms of remuneration or right to pension of any officer appointed before the commencement of this act.........................................................in the fourth schedule occurs the following entry:'session & chaptershort titleextent of repeal3 & 4 will 4, c. .....

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

Court : Supreme Court of India

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

..... 2152. on august 21, 1946, the constituent assembly passed the government of india (third amendment) act, 1949, which substituted a new section 291 in the government of india act, 1935 giving to the governor general the power to make such amendments as he considered necessary, whether by way of "addition, modification or repeal" in certain ..... article 372 became necessary to make a provision similar to section 292 of the government of india act, 1935 following the repeal of the 1935 act and the indian independence act, 1947. ..... (1) the council of states shall not be subject to dissolution, but as nearly as possible one-third of the members thereof shall retire as soon as may be on the expiration of every second year in accordance with the provisions made in that behalf by parliament by law. ..... him. the only purpose which the exclusion of article 14 will serve would be to facilitate arbitrariness, inequality in distribution or to enable the conferment or patronage etc this right under article 14 will only be available to the person or class of persons who would be entitled to receive the benefits of distribution under the ..... of our country is the supreme law embodied in our constitution prefaced as it is by the preamble or the 'key' which puts "justice, social, economic and political" as the first of the four objectives of the constitution by means of which "the people" of india constituted "a sovereign democratic republic .....

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

..... 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. ..... whatever might have been the objective behind the erstwhile section 80(2) of the act, it is now clear that the government of india had to comply with its obligations under the convention which had been ratified. ..... union of india, : 1997(4)bomcr10 , this court held that the contention of the petitioners was justified and that, notwithstanding the repeal of section 80 of the act, the union of india was liable to issue the certificates contemplated under the repealed section 80. ..... that is why sub-clause (iii) of clause 7 provides that though the officer might be entitled to a service certificate by reason of a vested 'right under sub-section' (2) of the repealed section 80 of thesaid act, the service certificate would actually be delivered to him only hehad completed the work experience contemplated in clause 7(iii) of navyorder no. .....

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

Court : Supreme Court of India

Reported in : AIR1954SC683

..... 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 constitution. ..... 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 commenced. ..... and could be carried on under the saving clause of act ii of 1948, but that as no prosecution was commenced at all before 5-1-1948 and there was nothing done, there was no liability incurred which could possibly be affected by the repeal of the ordinance.in the result it was concluded that after 5-1-1948 no fresh prosecution could be commenced for offences committed under the defence of india act on subjects included in the provincial list of the seventh schedule of the government of india act.10. .....

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

Court : Chennai

..... , 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 ..... repeal of the tngst act and coming into force of the tnvat act, 2006, the government passed an order with regard to the effect of the exemption notifications, which were issued, when tngst act was in force and by referring to section 88 of the tnvat act, it was stated that notification granting exemption already issued under tngst shall continue in force under the tnvat act ..... , packaging or for use as packing material or packing accessories in an unit located in madras special economic zone, tambaram, chennai and other special economic zones in the state of tamil nadu notified by the government of india or for development, operation and maintenance of special economic zone by the developer of the special economic zone, if such registered dealer has been authorised to establish such unit or such other establishments within the special ..... government had issued a notification granting exemption as far back as 28.06.2005, making an exemption in respect of sales tax, surcharge, resale tax and additional sales tax payable by any dealer on the sale of any goods made by such dealer to a registered dealer for the purpose of setting up, operation, maintenance, manufacture etc .....

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 ..... the extent of the civil appeal no.2202 of 2012 page 15 of 21 legislative power of the governor under section 92 of the government of india act, 1935 in making regulations for the peace and good government of any area conferred on the governor in the words of lord halsbury an utmost discretion of enactment for the attainment of the objects pointed ..... thus, the reliance placed on sub section (1) of section 92 of the government of india act, 1935 is not at all relevant ..... both the decisions deal with section 92 of the government of india act, 1935, which reads thus: administration of excluded areas and partially excluded areas ..... whereas, sub section (1) of section 92 of the government of india act, 1935 provides that no law of federal or provincial legislature will apply to an excluded civil appeal no.2202 of 2012 page 10 of 21 area unless a notification is issued by the hon ble governor issuing a specific direction to that ..... sub section (1) of section 92 of the government of india act, 1935 and sub clause (1) of clause 5 of the fifth schedule are completely .....

R. Karuppan Vs. R. Namachivayam

Court : Chennai

Reported in : 1998(99)ELT214(Mad)

..... 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. ..... , on concessional rate of duty and he imported shooting gears availing the concession accorded by the government india and for the sake of battering his shooting skills. ..... collector of customs from an officer not below the rank of a deputy secretary in the department of youth affairs and sports, ministry of human resource development, government of india indicating - (i) the description, quantity and value of the said goods; (ii) that the importer is a sports person of outstanding eminence; and (iii) that the said goods are essential for the training purposes of the importer ..... thus, it is seen, that the list of documents to be submitted along with the application includes the proforma invoice from the foreign supplier showing cif value, etc. ..... certified photocopy of proforma invoice from foreign supplier showing cif value, etc. ..... on landing he declared the guns to the assistant commissioner and made a voluntary deposit of his fire arms as he had lost all the 8 original fire arms licence issued by the local police, and the customs notification etc. ..... karuppan, claims that he is a sports person of outstanding eminence and that he was adjudged as a renowned shooter enabling him for importing shooting gear like guns etc. .....

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

Court : Supreme Court of India

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

..... the law commission has proposed a draft foreigners (amendment) bill, governing foreigners in india and the prevailing discriminatory position by the application of imdt act only to the state of assam has been sought to be done away with by providing in section 8(1) of the draft bill for repeal of the said act and dissolution of the tribunals constituted thereunder. 10. ..... union of india : [1991]3scr149 the two foreign nationals engaged in missionary work had come to india in 1937 and 1948 respectively with proper documents like passport and visa etc ..... it is important to note that this covenant of 1966 would apply provided an alien is lawfully in india, namely, with valid passport, visa etc ..... is elementary that a person who has illegally come from bangladesh to india and is residing here for his better economic prospects or employment etc. ..... a pro-india leader like sheikh mujibur rahman in his book 'eastern pakistan; its population & economics' observed, 'because eastern pakistan must have sufficient land for its expansion and because assam has abundant forests and mineral resources, coal, petroleum etc. ..... sinha (retired), former deputy chief of army staff, has also been filed along with this ..... paragraph 9 of the counter affidavit, the major impediment in implementation of the imdt act have been pointed out in detail and it is also averred that the act is discriminatory as it has been made applicable only to the state of assam and not to other states like west bengal, tripura and meghalaya, etc. .....

Shankaragouda Vs. Sirur Veerabhadrappa

Court : Karnataka

Reported in : AIR1963Mys81; ILR1960KAR766

..... . the preamble to that act reads:-'whereas it is expedient to repeal and re-enact with modifications the hydera-preamble.bad legislative assembly (prevention of disqualification) act, 1951 with a view to declare that certain offices of profit under the government of india or the government of any state should not, under certain conditions, disqualify, or be deemed to have disqualified the holders thereof for being chosen as, or for being, members of the hyderabad legislative assembly;' 52 ..... . there is, i think, sufficient reason for thinking that the government of mysore did not and could not make any adaptation or modification to the hyderabad act, the source of the power to make which is section 120 of the states reorganisation act.although that section empowers the appropriate government to make necessary adaptations and modifications, whether by way of repeal or amendment, such power is exercisable only for the purpose of facilitating the application of any law in relation to any of the states formed or ..... . according to section 602 of hyderabad civil procedure code a second appeal could lie against a decision on facts as well as on law, while as per section 100 civil procedure code, an appeal could lie only if the decision was contrary to law or some usage having the force of law etc .....