Judgment Search Results Home > Cases Phrase: government of india act 1915 19 repealed section 71 power to make regulations Page 1 of about 1,104 results (0.188 seconds)

Sajid Ali Vs. State and ors.

Court : Delhi

..... clause 26 of the letters patent (lahore) 1919 adopts the powers in section 108 of the government of india act, 1915, and reads as follows: clause 26: and we do hereby declare that any function which is hereby directed to be performed by the high court of judicature at lahore, in the exercise of its original or appellate jurisdiction may be performed by any judge or by a division bench thereof appointed or constituted for such purpose of pursuance of section one hundred and eight of the government of india act, 1915.8. ..... the discussion, must start with section 108 of the government of india act, 1915. ..... thus, by virtue of section 10(2), the powers of the chief justice as applicable to the chief justice of the high court of punjab, including the powers contained in section 108(2) of the government of india act as also the powers contained in clause 26 of the letters patent (lahore) became vested in the chief justice of the delhi high court. ..... when the government of india act, 1935 was repealed by the constitution of india. ..... the government of india act, 1915 was repealed and re-enacted with modifications by government of india act, 1935. ..... it was as again provided in article 225 which deals with powers of existing high courts that the existing law as to any power to make rules of the court and to regulate the sitting of the court would continue to be force.9. .....

India Electric Works Ltd. Vs. Registrar of Trade Marks

Court : Kolkata

Reported in : AIR1947Cal49

..... an appeal under clause 15 from the judgment of a single judge to a division bench lies only when the judgment is pursuant to section 108, government of india act, 1915, which section empowered the court to make rules for the exercise of the appellate jurisdiction vested in the court. ..... sections 9, 13 and 14, charter act were replaced by and in substance reproduced in sections 106(1) and 108 of the 1915 act which enacted as follows:section 106 (1): the several high courts are courts of eeeord and have such jurisdiction, original and appellate including admiralty jurisdiction in respect of offences committed on the high seas, and all such powers and authority over or in relation to the administration of justice including power to appoint clerks and other ministerial officers of the court and power to make rules for regulating the ..... 61), part ix of which took the place of the repealed statute, the material provisions were:section 106(1) - the several high courts...have jurisdiction original and appellate...and all such powers and authority...and power to make rules for regulating the practice of the court as are vested in them by letters patent all...and such jurisdictions, powers and authority as are vested in those courts respectively at the commencement of this act.section 108(1) - bach high court may by its own rules provide .....

Salubai Ramchandra Vs. Chandu Sadhu

Court : Mumbai

Reported in : (1965)67BOMLR69; 1965MhLJ203

..... under section 106, sub-section (1), of the government of india act, 1915, the high courts were constituted courts of record having such jurisdiction, original and appellate, including admiralty jurisdiction in respect of offences committed on the high seas, and all such powers and authority over or in relation to the administration of justice, including power to make rules for regulating the practice of the court, as were vested in them by letters patent, and, subject to the provisions of any such letters patent, all such jurisdiction, powers and authority ..... in exercise of its original and appellate jurisdictions, may be performed by any judge or any division court thereof, appointed or constituted for such purpose, in pursuance of section 108 of the government of india act, 1915, and that it would be lawful for the high court from time to time to make rules and orders for the purpose of regulating all proceedings in civil cases which may be brought before the said high court, including proceedings in its admiralty, vice-admiralty, intestate and matrimonial ..... it may he pointed out that reference to section 108 of the government of india act, 1915, in clause 36 of the letters patent was because the act of 1861 was repealed by the government of india act, 1915, and the latter act provided for the matters, which were contained in the repealed act. .....

R.M. Seshadri Vs. the Province of Madras, Represented by the Chief Sec ...

Court : Chennai

Reported in : AIR1954Mad543; (1954)IMLJ206

..... it may be recalled that the power conferred on she high court under section 15 of the charter act was split up and enacted in sections 106 and 107 of the government of india act, 1915, the former comprising the power to make rules for regulating the practice of the courts and the latter empowering the high court to settle tables to be allowed to the sheriff, attorneys, and ..... does not make any difference in the content of the section, but only introduces the suitable words in conformity with the repeal of the government of india act.section 3 of the court-fees act has been constructed ..... section 107 of the government of india act (repealed section 15 of the high court charter act), no other provision conferring the power ..... effect subject to the modifications or adaptations made by him shall not be questioned in any court of law; but obviously in our view under this section the president has no power to continue the laws expressly repealed by the constitution, he cannot by an order direct that the government of india act shall continue to be in force when the constitution expressly repealed it. ..... are asked to hold, that the act would continue in force notwithstanding the repeal, would be to attribute to the authors of the constitution an inconsistency.to put it concretely, the government of india act may have been repealed; but the rules made by the high court in exercise of the powers conferred by that act shall continue in force till repealed or altered by a competent legislature. .....

In Re: Putta Ranganayakulu and ors.

Court : Andhra Pradesh

Reported in : 1956CriLJ1049

..... clause 36 empowers a single judge or a division bench to exercise the jurisdiction conferred on it in pursuance of section 108, government of india act, 1915 which, as i have already pointed out, enables the high court to make rules providing for the exercise of jurisdiction by one or more judges.clause 37 confers power on the high court to-make rules for regulating all proceedings in civil cases, which may be brought before the said high court. ..... the government of india act, 1915 was, in its turn repealed and re-enacted with modifications by the government of india act, 1935.section 223. ..... this act was repealed by the government of india act, 1915. ..... the government of india act stood repealed by article 395 of the constitution and, therefore, an order issued under section 94(3), government of india act would not possibly be operative after the inauguration of the constitution nor could it be regarded as an order made under article 239 of the constitution.after negativing the contention that the order issued under that act was not a 'law in force' within the meaning of article 372, their lordships observed at page 31 that an order made undci section 94(3), government of india act conferring certain powers on the .....

Y.C. Simhadri, Vice Chancellor, B.H.U. and ors. Vs. Deen Bandhu Pathak

Court : Allahabad

Reported in : 2001(4)AWC2688; (2001)3UPLBEC2373

..... letters patent mentioned, inter alia, that clause 36 referred to the powers of single judges and division courts appointed or constituted under the provisions of section 13 of the charter act and that by section 14 of the said act, the power of determining from time to time what judge in each case shall sit alone, and what judges shall constitute division courts, was placed in the hands of the chief justice.14. the charter act was repealed and re-enacted with slight modifications by the government of india act, 1915 ..... . section 106 of the said act provided, inter alia, that several high courts are courts of record and have all such powers and authority over or in relation to the administration of justice, including power to make rules for regulating the practice of the court, as are vested in them by letters patent, and, subject to the provisions of any such letters patent all such jurisdiction, powers respectively at the commencement of the said act ..... .--subject to the provisions of this constitution and to the provisions of any law of the appropriate legislature made by virtue of powers conferred on that legislature by this constitution, the jurisdiction of, and the law administered in, any existing high court, and the respective powers of the judges thereof in relation to the administration of justice in the court, including any power to make rules of court and to regulate the sittings of the court and of members thereof sitting alone or in division courts, shall be the .....

J.P. Rai, Ias Vs. the State of Arunachal Pradesh and ors.

Court : Guwahati

Reported in : AIR2009Gau151

..... letters patent mentioned, inter alia, that clause 36 referred to the powers of single judges and division courts appointed or constituted under the provisions of section 13 of the charter act and that by section 14 of the said act, the power of determining from time to time what judge in each case shall sit alone, and what judges shall constitute division courts, was placed in the hands of the chief justice.14. the charter act was repealed and re-enacted with slight modifications by the government of india act, 1915 ..... .--subject to the provisions of the constitution and to the provisions of any law of the appropriate legislature made by virtue of powers conferred on that legislature by this constitution, the jurisdiction of, and the law administered in, any existing high court, and the respective powers of the judges thereof in relation to the administration of justice in the court, including any power to make rules of court and to regulate the sittings of the court and of members thereof sitting alone or in division courts, shall be the .....

Sohan Lal Baid Vs. State of West Bengal and Others

Court : Kolkata

Reported in : AIR1990Cal168,94CWN531

..... [1953]4scr1028 , it was ruled that power that was conferred by section 108 of the government of india act, 1915 could be exercised from time to time with reference to jurisdiction whether existing at the time of the coming into force of the said act or whether conferred by subsequent legislation, and that the said power still subsists and that it has not been affected in any manner whatever either by the government of india act, 1935 or by the constitution. ..... this power is derived not only from the provisions of section 108 sub-section (2) of the government of india act, 1915, which still subsists and the power whereunder still continues to be there, as held in national sewing ..... act was repealed and re-enacted with slight modifications by the government of india act, 1915. ..... government of india act, 1935, was repealed by the constitution of india ..... provision of any order made under the indian independence act, 1947, and to the provisions of any act of the appropriate legislature enacted by virtue of powers conferred on that legislature by this act, thejurisdiction of, and the law administered in, any existing high court, and the respective powers of the judges thereof in relation to the administration of justice in the court, including any power to make rules of court and to regulate the sittings of the court and of members thereof sitting alone or in division courts ..... the government of india act, 1915, was repealed and re-enacted with modifications by the government of india, act, .....

Chairman, Budge Budge Municipality Vs. Mongru Mia and ors.

Court : Kolkata

Reported in : AIR1953Cal433,57CWN25

..... his lordship further pointed out that although the high court derives its rule-making powers under different enactments, clause 15 of the letters patent refers only to a particular section, section 108 of the 1915 act and a judgment to be appealable under clause 15 has to be pursuant to section 108, government of india act, 1915. ..... but under article 225 'the power to make rules of court and to regulate the sittings of the court and of members thereof sitting alone or in division courts': is what it was immediately before the commencement of the constitution, immediately before the constitution, that power was, under section 223 of the government of india act of 1935, as amended by the india (provisional constitution) order, 1947, what it had been immediately before the establishment of the dominion. ..... that concession was made, because the act of 1935, which repealed the act of 1915, contained a saving provision in section 223 which preserved the jurisdiction and powers of the court, 'including any power to make rules of court and to regulate the sittings of the court and members thereof sitting alone or in division courts', as they were immediately before the commencement of the act. .....

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

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. ..... the government of india act, 1915 being itself a constitution act saved the law made in exercise of the legislative powers given by the constitution act of 1833. ..... the law made in exercise of the powers under section 43 of the government of india act, 1833, viz. ..... section 43 of the government of india act, 1833 gave independent legislative powers to the governor general. ..... section 43 of this act provided that the said governor-general in council shall have the power to make laws and regulations tor repealing, amending or altering any laws and regulations whatever now in force. ..... the source of power can, however, be traced to the government of india act, 1833. ..... it expressly stated:that the said governor-general in council shall have power to make regulations for repealing, amending, or altering any laws and regulations whatever now in force. .....