Judgment Search Results Home > Cases Phrase: government of india act 1915 19 repealed section 32 rights and liabilities of secretary of state in council Page 1 of about 234 results (0.161 seconds)

Union of India (Uoi) Vs. Satyendra Nath Banerjee and ors.

Court : Kolkata

Reported in : AIR1955Cal581,59CWN531

..... instead 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 ..... the government of india act expressly says that there is a right to ..... however why it cannot ask for a writ in the nature of mandamus, prohibition or certiorari.modern legislation often confers rights and imposes liabilities upon the government. ..... as follows:'in view of the fact that the government of india act, 1935, has been repealed and the provisions of our constitution on this point are different from those of the government of india- act, the question has also become. ..... for review to the member, board of revenue.the member, board of revenue, pointed out that section 51, public demands recovery act (hereinafter referred to as the 'act') gave a statutory right of appeal against any original 'order made under the act by an officer upto the rank of collector, the only exception being in respect of an order 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 ..... section 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 .....

Krishnaswami Reddiar Alias Rajah Chidambara Reddiar Vs. Venugopala Red ...

Court : Chennai

Reported in : AIR1942Mad614; (1942)1MLJ137

..... in respect of any such right, privilege, obligation, liability, penalty, forfeiture, or punishment as aforesaid;and any such investigations, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty forfeiture or punishment may be imposed, as if the repealing act had not been passed.it is argued for the petitioner that the intention of the legislature to be derived from a combined reading of the above acts and order indicate an intention generally to preserve the rights and liabilities of subjects engaged in litigation in british india before the passing of the government of india act. ..... if this argument is sound it would follow that a suit filed in british india against the secretary of state before 1st april, 1937, involving immovable property in burma could be continued in british india notwithstanding the apparent conflict of jurisdiction involved by the coming into force of section 46 (2) of the government of india act, 1935. ..... (1) for the purposes of sections 292 and 293 of the government of india act, 1935, which provide for the existing laws of british india to continue in force therein after the date of commencement of part iii of the said act subject to the power or his majesty in council to make such, adaptations and modifications in any such law as appear to his majesty to be necessary or expedient for bringing the provisions of that law into accord with the provisions of the said act,(i) a law passed or made before the said .....

Corporation of Calcutta Vs. Director of Rationing and Distribution

Court : Kolkata

Reported in : AIR1955Cal282,1955CriLJ792

..... 300 of the constitution continue this liability to being sued and the right to sue on the part of the secretary of state in council, the federation of india, the provincial government and the union government and the state governments up to the present.section 22, indian councils act, 1861, confers similar general powers of legislation on the governor general in council subject to certain exceptions which, however, do not include legislation affecting prerogatives of the crown and as a matter of fact, section 24 'ex majore cautela' lays down that no law or regulation made by the governor general in council subject to the power of disallowance by ..... article 395 of the constitution, the indian independence act, 1947, and the government of india act, 1935 together with all acts amending or supplementing the government of india act 1935 but not including the abolition of the privy council jurisdiction act, 1949, have been repealed. ..... in the provincial legislature except in cases of emergency; secondly from 1853 to 1915, the indian legislaturewas entitled to legislate subject of course to certain limitations and so as to affect crown's prerogatives and this was expressly provided and the legislatures of madras, bombay and bengal were also entitled to legislate within certain limitations so as to charge the public revenues of the respective provinces; and thirdly from 1915 right up to 1937 when the government of india act, 1935, came into force, the indian legislature was given general .....

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

..... 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 area in question. ..... this contention 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. ..... in dealing with the contention in the madras custom case that section 178a of the sea customs act, 1878 did not apply because it was not a part of the sea customs act, 1878 when section 23a of the foreign exchange regulation act was enacted in 1952, the decision of the judicial committee in the secretary of state for india in council v. ..... the appellants, had been rightly convicted for certain offences but the sentences under section 332 of the indian penal code against nazir mian, ganga dayal shah were set aside to correct an error in the judgment of the assistant sessions judge, dumka, who at one place convicted all the four accused under section 332 of the indian penal code and at another place found only jhaman mian and ram kirpal bhagat guilty of the .....

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

Court : Allahabad

Reported in : AIR1979All170

..... government of india act, 1833.the whole act, except section one hundred and twelve.the effect of this repeal was that the government of india act, 1833 was repealed in its entirety except section 112 which ran as under :--'the island of saint helena, and all forts, factories, public edifices, and hereditaments whatsoever in the said island, and all stores and property thereon fit or used for the service of the government thereof, shall be vested in his majesty, and the said island shall be governed by such orders as his majesty in council ..... 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 ..... 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 ..... stated:that the said governor-general in council shall have power to make regulations for repealing, amending, or altering any laws and .....

The Institute of Chartered Accountants of India and ors. Vs. P. Rama K ...

Court : Delhi

..... between 3rd and 21st march, 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. ..... 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 if the council, after considering the complaint, comes to the conclusion that ..... section 21a states that the council shall constitute a board of discipline and the director (discipline) shall be the secretary of the board and at the first instance shall examine the report of the director (discipline). .....

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

..... of these 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. ..... the court, notwithstanding the convention obligations urged as the objective for repealing section 80 of the act, has already held that sub-section (1) of section 80 vested a right in naval officers who had attained the prescribed rank for getting a service certificate and the repeal of section 80 could not defeat such right. ..... 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. ..... as stated above, the right to get the certificate of service is conferred upon the person. .....

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

Court : Supreme Court of India

Reported in : AIR1954SC683

..... a liability incurred, under the ordinance 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. ..... in september 1946 and required no repeal.section 3 of this act contains a saving clause to the effect that the repeal of an enactment by it was not to affect any other enactment in which such enactment has been applied, incorporated or referred to and that the act was not to affect the effect or consequences of any thing already done or suffered or any obligation or liability acquired or incurred or any remedy or proceeding in respect thereof or the proof of any past act or thing, or revive or restore any right, restriction, exemption ..... at the request of the state a certificate was granted under article 132 of the constitution of india for leave to appeal to this court and this appeal was filed in this court on 12-2-1952.5. mr. ..... high court allowed the application and, as above stated, quashed the proceedings taken against the respondents and discharged them of their bail ..... this is an appeal by the state of uttar pradesh against the judgment in .....

G. Narayanaswami Naidu and ors. Vs. the Inspector of Police

Court : Chennai

Reported in : (1949)1MLJ1

..... absence of any evidence to the contrary all the necessary conditions contemplated by section 88 of the government of india act, 1935, have been complied with.in my opinion, the well known presumption omnia esse rite eta applies to this order, and accordingly, assuming the order to be proved or admitted, it must be taken prima facie, that is until the contrary is proved, to have been properly made and the requisite as to the belief of the secretary of state was complied with.it cannot also be successfully contended that ..... . 425 the privy council in dealing with the crown alienations act, 1861, of new south wales in australia has laid down that the mere right existing at the date of a repealing statute to take advantage of the provisions of the statute repealed is not a right accrued ..... . the federal court had already decided on this point that where the liability in the promissory note had passed into a liability under a decree, there was nothing to prevent the decree being affected by the provisions of the money lenders act and hence in such cases it would be valid where judgments were sought to be reopened, but invalid where no judgment had been obtained and the borrower's liability was still secured by the promissory note .....

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

Court : Chennai

..... in fact, this legal position was rightly construed and the secretary to the commercial taxes and registration department issued a government letter, dated 29.12.2006, to the first respondent stating that by virtue of section 88(3)(i), the notification, granting exemption already issued under tngst shall continue to be in force under tnvat act. 12. ..... , maintenance, manufacture, trading, production, processing, assembling, repairing, reconditioning, 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 ..... provided that such repeal shall not affect the previous operation of the said act or 1970 act, as the case may be, or any right, privilege, obligation or liability already acquired, accrued or incurred thereunder and subject thereto, anything done or any action taken including any appointment made, any notification, notice or order issued, any rule or regulation framed or forms prescribed and any certificate, licence or permit granted in exercise of any power conferred by or under the said act or 1970 act, as the case may .....