Court : Chennai
Reported in : (1921)ILR44Mad718
..... this, however, was not one of the statutory provisions which the indian legislature was prohibited from altering under the indian councils act, 1861, and section 131(3) of the government of india act, 1915, and the fifth schedule thereto, expressly recognizes the power of the indian legislature to repeal or alter the provisions of section 106. ..... the advocate-general contended that the order under appeal is excluded by section 106 of the government of india act, 1915, and also relied on the provisions of section 52 of the indian income-tax act which apparently were not brought to the notice of the learned judge. ..... i agree with the judgment just delivered and as regards the application of section 106, government of india act, 1915, have nothing to add.13. ..... as already observed, the effect of the proviso to section 45 was to leave old statutory restrictions in full force. ..... on the other hand if we leave to the revenue authority which is entrusted with the assessment the duty of deciding whether and to what extent it requires assistance in making it, we give full effect to each part of the language employed. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1921Mad524; (1921)41MLJ177
..... this, however was not one of the statutory provisions which the indian legislature was prohibited from altering under the indian councils act, 1861, and section 131(3) of the government of india act, 1915, and the fifth schedule thereto expressly recognises, the power of the indian legislature to repeal or alter the provisions of section 106. ..... ' the advocate-general contended that the order under appeal is excluded by section 106 of the government of india act 1915, and also relied on the provisions of section 52 of the indian income tax act which apparently were not brought to the notice of the learned judge. ..... i agree with the judgment just delivered and as regards the application of section 106 government of india act, 1915, have nothing to add.11. ..... as already observed the effect of the proviso to section 45 was to leave the old statutory restriction in full force. ..... on the other hand, if we leave to the revenue authority, which is entrusted with the assessment, the duty of deciding whether and to what extent it requires assistance in making it, we give full effect to each part of the language employed.accepting the latter alternative, i .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1943Cal285
..... that the entire government of india act of 1915 has been repealed by the government of india act of 1935 and that the present section 72 of schedule 9, government of india act of 1935, although it is in the same terms as section 72, government of india act of 1915 is not in law the same thing as section 72, government of india act of 1915 and therefore it cannot have the effect given to section 72 of the act of 1915 by ol ..... . i am satisfied, that section 72 in schedule 9, government of india act, 1935, does not authorise the governor-general, to leave it to the provincial government to make provision in this way for the jurisdiction of the special courts ..... the accused persons are that the ordinance is invalid in (1) it delegates legislation and (2) that it ousts the jurisdiction of the high court in criminal matters contrary to section 223, government of india act, 1935, and (3) that it leaves it to the district magistrate to say whether the accused shall have the rights of appeal or revision which the ordinary law provides.10. ..... the effect of creating a new legislative power, or of conferring upon the lieutenant governor a delegated authority to legislate and held that what was done by the act was conditional legislation.the legislature determined that, so far, a certain change should take place; but that it was expedient to leave the time, and the manner, of carrying it into effect to the discretion of the lieutenant governor their lordships think that it is a fallacy to speak .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1986SC1323a; (1986)2GLR1250; 1986(1)SCALE1133; 1986Supp(1)SCC20; [1986]1SCR479; 1986(2)LC301(SC)
..... not receive the assent of the governor-general under section 107 of the government of india act, 1915, it was void. ..... the rates of royalty specified in schedule i, two steps were required, namely, (1) the amendment of the explanation to rule 21, and (2) the amendment of schedule i, and that by amending only schedule i by substituting it but leaving the explanation to rule 21 intact, the intended amendment did not come into effect and that it was only when rule 21 was amended and a new schedule i substituted by the 1975 notification that a proper amendment ..... under section 8(1) of the general clauses act, 1897, where the said act or any central act or regulation made after the commencement of the said act, repeals and re-enacts, with or without modification, any provision of a former enactment, then references in any other enactment or in any instrument to the provision so repealed are, unless a different intention appears, to be construed as references to ..... the assessees contended that as the original explanation ii was validly repealed by the amending act of 1949 and as no valid substitution of the repealed provision had taken place, only the repeal survived with the result that neither the old explanation ii nor the substituted ..... it could not be inferred that, what was intended was that, in case the substitution failed or proved ineffective, some repeal, not mentioned at all, was brought about and remained effective so as to create what may be described as a vacuum in the statutory .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR2004AP167; 2004(2)ALD119; 2004(3)ALT802
..... the successor act, namely the government of india act, 1915, provided in section 20(3)(iii) that the revenues of india received for his majesty would include all movable or immovable property in british india escheating or lapsing for want of an heir or successor and all property in british india devolving as bona vacantia for want of a rightful owners. ..... this provision was retained in section 54 of the government of india act, 1858. ..... 'however, vesting of property in the state by the principles of escheat is not new in india and under the act of 1853 made by the british parliament (an act to provide for the government of india (1853), statutes 16 and 17, victoria, c.95,s.27) it was specifically provided as under:'all real and personal estate within the said territories escheating or lapsing for want of an heir or successor and all property within the said territories ..... 11/ 33920/1998 dated 5-12-2003 inter alia contending that no action can be initiated under the act and the said act has no application to the subject properly and the property can be declared as escheat only if the owner of the property dies intestate and without leaving legal heir and can vest with the state where there is no rightful owner. ..... 'however, in telangana area there existed an un-claimed properly act 1/1933 fasli, which has been repealed by the present act 35/1974 wherein 'bona vacantia' and 'escheat' are defined, as referred to above. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1947Cal1
..... the act, which is bengal act 7 [vii] of 1936, was passed when the government of india act of 1915, as amended by the act of 1919, was in ..... the contention on behalf of the advocate-general of bengal is that section 107, government of india act, has no application to the present case, because the impugned bengal act is not a law with respect to any matter included in the concurrent legislative list, but is, in pith and substance and as regards all its provisions, a law on matters included in the provincial list, ..... and section 31, presidency small cause courts act, by reason of the provisions of section 107(1), government of india act.15. ..... says that the civil procedure code and the presidency small cause courts act are 'existing indian laws' within the meaning of section 107, government of india act, 1935. ..... under section 45, government of india act, 1919, the nomenclature for the consolidated act, ..... [government of india act, section 80a(3), clauses (c) and ..... exception could therefore be taken to the validity of any of the provisions of the act, as it then stood, on the ground that it purported to 'regulate a central subject' or altered or repealed any law which, having been made by some authority in british india, other than the local legislature, before the government of india act of 1919, could not be altered or repealed without previous sanction. ..... 'debtor' was defined, leaving aside certain particulars, as a person whose primary means of livelihood was agriculture [section 2(9)]. .....
Tag this Judgment!Court : Gujarat
Reported in : (1971)12GLR938
..... as the secretary of state in council may by order prescribe.xxx xxx xxx xxx xxx.articles 561 and 983 as they stood at the date of the coming into force of the government of india act, 1935 were therefore, clearly statutory rules relating to the indian civil service made under section 96b sub-section (3) and by reason of section 276 of the government of india act, 1935, they continued in force notwithstanding the repeal of the government of india act, 1915 and were deemed to be rules made under section 247 of the government of india act, 1935. ..... who having been appointed by the secretary of state or secretary of state in council to a civil service of the crown in india continues on and after the commencement of this constitution to serve under the government of india or of a state shall be entitled to receive from the government of india and the government of the state, which he is from time to time serving, the same conditions of service as respects remuneration, leave and pension, and the same rights as respects disciplinary matters or rights as similar thereto as changed circumstances may .....
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. ..... 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. ..... 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 ..... 85.the 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 .....
Tag this Judgment!Court : Supreme Court of India
..... of article 227 substantially reproduces the provisions of 31 section 107 of the government of india act,1915, except that the power of superintendece has been ..... section 107 of the government of india act, 1915, was reproduced in the government of india act, 1935, as section ..... in india before whom this question has arisen as having restored to the high court the power of judicial superintendence it had under section 15 of the high courts act, 1861, and section 107 of the government of india act, 1915 ..... judicial commissioner held that in view of the admitted failure to pay the rent as provided by the rent deed or at the first hearing of the court under the proviso to section 13 (2) (i) the courts below had acted arbitrarily in refusing to make an order for ejectment against the tenants who had not done what was incumbent on them to do under the law and that such a situation ..... judgment of learned single judge as confirmed by division bench on 17.07.2018, the state bar council has fixed 12.08.2018 for holding election of the state bar council s representative in the bar council of india, which 13 election has been held on 12.08.2018 and the result of the election in pursuance of order of this court dated 03.10.2018 has been submitted before this court in the sealed envelope on the ..... before the bar council of india for seeking leave to withdraw his election petition ..... which in an appeal by special leave under article 136 we should ..... court on appeal by special leave obtained from this 30 .....
Tag this Judgment!Court : Patna
..... relating to panchayat shiksha mitra, was repealed by the 2006 rules framed by the state government in exercise of its power under article 243 (chh) of the constitution of india read with section 47 and 48 and 146 of the bihar panchayat raj act, 2006, nothing would be left for speculation that by the executive instruction relating to panchayat shiksha mitra were repealed as a whole by the statutory ..... the governor under sub-paragraph (2) of paragraph (5) of the fifth schedule to the constitution and shall include a regulation made by the central government under the government of india act, 1870 or the government of india act, 1915, or the government of india act, 1935 or by the governor under the government of india act, 1935, or by the president under article 243 of the constitution. ..... . relevant portion of 2006 rules have been already quoted above, and its bare comparison with the earlier executive instruction relating to panchayat shiksha mitra, also quoted above, will leave nothing for speculation that with a view to implement the constitutional mandate of free and compulsory education, a large number of schools at panchayat level were to be established and for ..... suit, appeal or reference shall be heard by a full bench is fully protected in rule-11 of chapter-ii of the patna high court rules, which, if read together, which are rule 10a thereof, will leave nothing for speculation that the power of the honble the chief justice in making reference to a full bench is absolute. .....
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