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 .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1979All170
..... section 321 of the government of india act, 1935, repealed the earlier government of india act, 1915, but section 292 thereof saved the existing law by providing:'notwithstanding the repeal by this act ot the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immediately before the commencement of part iii of this act shall continue in force in british india until altered or repealed or amended by a competent legislature or other competent authority. ..... 'this act continued till the government of india act, 1915 repealed it. ..... 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. ..... , 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. .....
Tag this Judgment!Court : Delhi
..... 2002, the department of company affairs, government of india had carried out inspection of books of accounts of global trust bank limited under section 209a of the companies act, 1956. ..... december 6, 2002 on the captioned subject, we forward herewith a copy of the extracts of the report of the inspection under sec 209a of the companies act, 1956 received from the ministry of finance & company affairs, department of company affairs, government of india, new delhi. ..... informed by the department of company affairs (dca), government of india that the inspection of the bank conducted by them ..... (6) on receipt of any case under sub- section (4) or sub- section (5), the high court shall fix a date for the hearing of the case and shall cause notice of the date so fixed to be given to the member of the institute concerned, the council and to the central government, and shall afford such member, the council and the central government an opportunity of being heard, and may thereafter make any of the following orders, ..... (3) such complaint shall contain the following particulars namely: (a) the acts and omission which, if proved, would render the person complained against guilty of professional or other misconduct; (b) the oral and or documentary evidence relied upon in support of the allegations made in the complaint, (4) every complaint, other than a complaint made by or on behalf of the central or any state government, shall be accompanied by a deposit of one hundred rupees which will be forfeited .....
Tag this Judgment!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. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1954SC683
..... the 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. ..... , and 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. ..... 981 of 1950 by the high court of judicature at allahabad quashing the proceedings taken against the respondents under section 120-b, i. p. c. .....
Tag this Judgment!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 such sez subject ..... 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 ..... re-engineering, 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 economic ..... (common prayer: this writ petition is filed under article 226 of the constitution of india, seeking for a writ of certiorari to call for the records comprised in impugned order in tin: 33440461618/2010-11, 2011-12, 2012-13, 2013-14, 2014-15, 2015-16 dated 30.10.2015, on the file of the respondent .....
Tag this Judgment!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 .....
Tag this Judgment!Court : Chennai
Reported in : 1998(99)ELT214(Mad)
..... 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. ..... 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 ..... 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 ..... application may be made in the form given in appendix vii to the director general of foreign trade supported by the recommendation of the department of youth affairs and sports, government of india. ..... of arms and ammunition by renowned shooters as well as gifts of consumer of other goods, which are found in paras 54 and 56 of the hand book of proceedures, volume i for the period 1-4-1992 to 31-3-1997, issued by the ministry of commerce, government of india. ..... states that the import of fire arms is not permitted except against a licence by renowned shooters/rifle clubs for their own use on the recommendation of the department of youth affairs and sports, government of india. .....
Tag this Judgment!Court : Delhi
Reported in : 2004CriLJ3994; 2004(73)DRJ494
..... the government of india, having ratified the convention, has found it expedient to re-enact the existing law relating to juveniles bearing in mind the standards prescribed in the convention on the rights of the child, the united nations standard minimum rules ..... another arguments was advanced by learned counsel for the respondent that the non obstinate clause of section 6 has to be read in conjunction with the juvenile justice (care & protection of children) act, 2000 and the same deals with primarily with cases falling under the criminal procedure code. ..... the words 'notwithstanding anything contained in any other law' find expression in sections 15, 16, 18, 19 and 20 the legislative intention is unambiguous as the act lays down provision pursuant to section 29 which deals with child welfare committee, section 37 deals with shelter homes and chapter iv under the said act deals with rehabilitation and social reintegration. 12. ..... dalal has further contended that a careful reading of section 6 which has a non obstinate clause and nothing has been saved from the applicability of the aforesaid act, it provides that any proceedings to punish the juvenile for imprisonment is contrary to the mandate of the parliament. ..... section 7 of the criminal law (amendment) act 1952, reads : 'notwithstanding anything contained in the code of criminal procedure, 1898 (act v of 1898) or in any other law the offences specified in sub-section (1) of section 6 shall be triable by special judges only.' 5. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2005SC2920; JT2005(6)SC79; (2005)5SCC665
..... a meeting was again held on 18th march, 1999 between the representatives of the government of india and government of assam and also of all assam students' union, wherein it was assured that the repeal of the imdt act was under active consideration of the central government and measures would be taken to identify foreigners and steps will be taken to seal the border. ..... copies of several communications sent to the government of india by the state of assam requesting for repeal of the imdt act and also seeking appropriate amendment to the citizenship act, 1955, in order to declare the children of the illegal migrants entering into india after 1971 as foreigners, have also been filed. ..... 'in paragraph 22 of the counter affidavit it is stated that a proposal to repeal the imdt act is under consideration of the government of india and in paragraph 24 it is stated that there is need for a uniform act for detection and deportation of foreigners for the entire country including assam. 5. ..... 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. .....
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