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 ..... 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 ..... effect of both the notifications is that the inspectors of central excise in the present case were land customs officers and officers of customs as a result of the application of the sea customs act, 1878 .....
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 section 321 of the government of india act, 1935, repealed the earlier government of india act, 1915, but section 292 thereof saved the existing law by providing:'notwithstanding the repeal by this act ot the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immediately before the commencement of part iii of this act shall continue in force in british india until altered or repealed or amended by a competent legislature or other competent authority.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 'this act continued till the government of india act, 1915 repealed it.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. ..... 179 pated sept 12, 1836) was expressly saved by the government of india act, 1915 and was never thereafter specifically repealed? ..... section 130 of the government of india act, 1915 provides:3. ..... union of india : air1973delhi169 the same provisions were considered and it was held that the language of the 1833 act and of the 1915 act indicated 'that the orders which were rescinded and also the regulations which were promulgated were both of a statutory nature.'10. .....
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. ..... 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, namely:-- (a) direct that the proceedings be filed, or dismiss the complaint, as the case may be; (b) reprimand the member; (c) remove him from membership of the institute either permanently or for such period as the ..... (3) where the disciplinary committee is of the opinion that a member is guilty of a professional or other misconduct mentioned in the second schedule or both the first schedule and the second schedule, it shall afford to the member an opportunity of being heard before making any order against him and may thereafter take any one or ..... section 21, both unamended and post amendment, refers to information and complaint but it would be incorrect to hold that the legislature wanted to make a distinction between complaint or information cases in section 21d of the ca act ..... he shall place the matter before the board of discipline and where the director (discipline) is of the opinion that a member is guilty of any professional or other misconduct mentioned in the second schedule or in both the schedules, he shall place the matter before the disciplinary committee. .....
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. ..... 20 of 1974, both are worded in identical terms. .....
Tag this Judgment!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. .....
Tag this Judgment!Court : Chennai
..... , 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 special economic ..... , 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 to two ..... 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. ..... is a private limited company incorporated under the companies act, 1956 in 2007 and engaged in the business of supplying base transmission modules and its related it telecommunication equipment for use by various telecom service providers both within and outside india. .....
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 ..... 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 ..... 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 .....
Tag this Judgment!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 ..... the learned judge, however, admitted the writ petition and directed both parties to address arguments on the question of maintainability and also on merits. ..... in view of this, we do not consider it necessary to refer in detail to the various decisions cited on both sides about the availing of the remedy under art. ..... however, the learned single judge allowed both the parties to argue the case both on the maintainability and also on the merits of the case. ..... accordingly arguments were heard, from both the sides. mr. ..... we have given our anxious consideration to the arguments advanced by both sides. .....
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 ..... 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 ..... 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. ..... supreme court further held :-'therefore, the conviction of the appellant for having committed an offence under section 302, ipc and sentence imprisonment for life imposed by the learned additional sessions judge and confirmed by the high court are unsustainable and they must ..... 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 ..... our careful consideration to the arguments advanced by learned counsel for both the parties. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2005SC2920; JT2005(6)SC79; (2005)5SCC665
..... 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. ..... company 1938 (3) all er 80, the following definition of 'war' as given in hall on international law has been quoted with approval :-'when differences between states reach a point at which both parties resort to force, or one of them does acts of violence, which the other chooses to look upon as a breach of the peace, the relation of war is set up, in which the combatants may use regulated violence against each other, until one ..... -section (3) lays down that the rules made under this section may provide that any contravention thereof or of any order issued under the authority of any such rule shall be punishable with imprisonment for a term which may extend to three months or with fine or with ..... the dangerous consequences of large scale illegal migration from bangladesh, both for the people of assam and more for the nation as a whole, ..... there is a combination of factors on both sides which are responsible for continuing influx ..... ? if both these tests are satisfied, the statute must be held to be valid; and in such a case the consideration as to whether the same result could not have been better achieved by adopting a different .....
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