Judgment Search Results Home > Cases Phrase: government of india act 1915 19 repealed section 94 leave Court: chennai Page 5 of about 146 results (0.193 seconds)

G.N. Venkataswamy Vs. Tamil Nadu Small Industries Development Corporat ...

Court : Chennai

Reported in : AIR1981Mad318; (1981)2MLJ254

..... of 'land revenue' as adumbrated in these enactments was available at the time when entry 39 of list ii of the seventh schedule to the government of india act, 1935 and entry 45 of list 11 of the seventh schedule to the constitution of india were inserted in this constitution act and in the constitution.37. ..... . the supreme court elaborately considered the meaning to be attributed to the word 'sale' occurring in entry 48 of list ii of the seventh schedule to the government of india act, 1935 reading 'tax on the sale of goods ..... once the bench came to the corrlusion that section 3 of the act was a charging section, that would constitute a complete answer to the argument based upon article 265 of the constitution of india because under article 372(1) of the constitution, notwithstanding the repeal by the constitution of the enactments referred to in article 395 but subject to the other provisions of the constitution, all the law in force in the territory of india immediately before the commencement of the constitution shall continue in force therein ..... the central legislature was competent to change only the law in respect of central securities and the provisions of the indian securities act were accordingly replaced, so far as the central public debt was concerned, by a comprehensive new act, the public debt (central government) act, 1944, which was brought into effect from the 1st may 1946 leaving the provincial securities to be regulated by the indian securities act, 1920. .....

Tata Oil Mills Co. Ltd. Vs. Superintendent of Central Excise

Court : Chennai

Reported in : 1996(53)ECC41; 1995(80)ELT737(Mad)

..... therefore, the government of india decided to repeal the provisions of the produce cess act to the extent to which they authorise a levy of cess on copra consumed in mills for the manufacture of other articles and to simultaneously pass a comprehensive legislation authorising for the imposition of a separate cess on copra. ..... the cess act was, however, repealed by section 12 of the cotton, copra and vegetable oils cess (abolition) act 1987 (act 4 of 1987). ..... 270(e): in exercise of the powers conferred by sub-section (1) of section 3 of the copra cess act, 1979 (4 of 1979) the central government hereby specifies rupees five per quintal as the duty of excise to be levied and collected as a cess on copra consumed in any mill in india with a view to producing or manufacturing any goods therefrom. ..... section 12 is the repealing section. ..... according to the learned counsel for the petitioner, the petitioner does not manufacture copra but only purchases copra and consumes the same and as such, levy of excise duty under section 3 of the act on the copra consumed by the petitioner in its mills, is without any legislative competence because excise duty is a levy on manufacture or production. 7. mr. s. v. .....

Gundapuneedi Veeranna and ors. Vs. Gundapuneedi China Venkanna and ors ...

Court : Chennai

Reported in : AIR1953Mad878; (1953)IIMLJ317

..... the constitution repealed the government of india act, 1935, together with all enactments amending or supplementing that act, but the repeal did not include the repeal of the abolition of privy council jurisdiction act.6. ..... although after the constitution came into force, the jurisdiction of the supreme court in civil matters is restricted and the power of the high court to give a certificate under section ho has also been modified, these provisions cannot affect the right which a litigant had already acquired prior to the coming into force of the constitution and which right has seen ..... lay with the special leave of the federal court, under section 6 of the act it was enacted that the provisions of the civil procedure code, 1908, shall from that day have effect in relation to an appeal from a judgment to which that act applied as if in the said provisions, for all references to his majesty in council there had been substituted references to the federal court.in 1949 the constituent assembly passed an act called the abolition of ..... of my judgment i said, referring to the two earlier decisions"as the appeals in this court were disposed of and the application for leave to appeal was filed before the coming into force of the constitution, the provisions of sections 109 and 110, civil p. c. ..... likewise, under section 5 every application to his majesty in council for special leave stood transferred to the federal court to be disposed of by that court as if it had been an application duly .....

Natesa Reddiar and anr. Vs. Saradhambal and ors.

Court : Chennai

Reported in : (1979)2MLJ33

..... that would appear to have been the position under section 107 (2) of the government of india act with reference to the subjects mentioned in the concurrent list.the above observations have been made while considering the scope of section 107 (2) of the government of india act which corresponds to article 254 (2) of the constitution. ..... act if not imported into the subsequent act also, it would render the subsequent act wholly unworkable and in effective; and (iv) where ..... the supreme court has clearly laid down that where a subsequent act incorporates provisions of an earlier act, then the borrowed provisions become an integral part of the subsequent act, and are totally unaffected by any repeal or amendment of the earlier act, but that such a principle may not apply in exceptional cases such as (i) the subsequent act and the previous act are supplemental to each other; (ii) the two acts are in pan mnterio; (iii) where the amendment in the earlier .....

Tamil Nadu Freedom Fighters Association (Regd.) Rep. by Its President ...

Court : Chennai

Reported in : (1992)1MLJ582

..... on the 1st of october, 1937 under the government of india act, 1935. ..... section l7(b) and section l7(c) in the act authorising the grant of licence for manufacture, sale by wholesale and retail of various kinds of liquor followed by tamil nadu act 33 of 1986 which repealed all the rules under the tamil nadu prohibition act 1937 for grant of any licence, in respect of any privilege for manufacture, supply by wholesale, selling by retail of arrack/toddy with effect from 1.1.1987 and thereafter tamil nadu ordinance 2 of 1990 was promulgated and published in tamil nadu government ..... of country arrack, toddy or other fermented liquor, and of retailing spirituous liquors would be prepared by the board of revenue act xxiii of 1841 of the madras presidency, act xxxii of 1845 of the madras presidency, section xliii to xlvii of regulation vii of 1832 of the madras presidency all indicate that it is the right and privilege of the state government to manufacture, sell intoxicant liquors and the state grants lease of such rights by public auction on rental in consideration of ..... (4) parliament has power to make laws with respect to any matter for any part of the territory of india not included (in a state) notwithstanding that such matter is a matter enumerated in the state list.seventh schedule of the constitution gives the 1ist called list ii or state list which includes at item s - 'intoxicating liquors, that ..... have posed the above question and we are leaving it at that because the answer is clear .....

Rajah Sri Ravu Sweta, Chelapathi Ramakrishna Ranga Rao Bahadur, Rajah ...

Court : Chennai

Reported in : AIR1952Mad203; (1952)IMLJ174

..... reduces the rents payable to the landholders and also takes away from them the right to collect the rents and therefore the act relates to acquisition of land and as the act does not provide for the payment of compensation to the land-holders, it is in contravention of section 299(2) of the government of india act, 1935, which says: 'neither the federal nor provincial legislature shall have power to make any law authorising the compulsory acquisition ..... the question, did not think it necessary to decide whether the word 'property' as used in article 31(2) of the constitution (corresponding to section 299(2) of the government of india act, 1935) connotes the entire property; that is to say, the totality of the rights which the ownership of the object connotes. ..... there were two other bills published, namely, the madras estates communal and forest and private lands prohibition of alienation bill (subsequently enacted as xiv of 1947 and (2) madras estates repeal of permanent settlement and conversion into ryotwari bill (no. ..... the federal court observed as follows: 'we should moreover in any event prefer a construction which would enable legislation on a subject of such vital importance in india to be enacted by some legislative body rather than leave it to be delt with under section 104 * * * ..... of rights which were vested in the original holder would pass on acquisition to the acquirer leaving nothing in the former ..... which could be pressed into service, leaving apart entry no. ..... that leaves us .....

M.C. Rajagopal Vs. Superintendent of Police, Crime Branch, Madras and ...

Court : Chennai

Reported in : AIR1965Mad103

..... (5) section 243 of the government of india act, 1935 provided that the conditions of service of the subordinate ranks of the various police forces in india shall be such as may be determined by or under the acts relating to those forces respectively. ..... 309 of the constitution of india by framing the madras police subordinate services discipline and appeal rules 1955.according to him, the old rules framed under the police acts were repealed and the new rules framed under the madras police subordinate services discipline and appeal rules,1955, were not validly framed. ..... he further submitted that the rules framed under the police acts before the constitution came into force were repealed by the governor under the powers conferred on him under art. ..... 108(1)(d) and 108(2) of the act, the legislature was not empowered to legislate without the previous sanction of the governor general any bill or amendment to repeal or amend or affect any act relating to any police in connection with the affairs of the union or of any state in the appropriate legislature subject to the provisions of the constitution. ..... under the 1935 act even the executive was not empowered to repeal or amend or affect any act relating to police forces without obtaining the previous sanction of the governor general. .....

Andhra Coffee and Flour Mills Vs. Brooke Bond India Limited

Court : Chennai

Reported in : (1995)2MLJ662

..... chatterjee argues that article 372 has no application to the present case inasmuch as the order made by the central government under section 94(3) of the government of india act could not be regarded as 'a law in force' within the meaning of article 372. ..... the government of india act, 1935 undoubtedly stands repealed by article 395 of the constitution but laws made thereunder which were in existence immediately before the commencement of the constitution, would continue under article 372( 1) and could be adapted under the second clause of that ..... determine suits of every description if, in the case of suits for land or other immovable property, such land or property shall be situated or, in all other cases, if the cause of action shall have arisen, either wholly, or, in case the leave of the court shall have been first obtained, in part, within the local limits of the ordinary original jurisdiction of the said high court, or if the defendant at the time of the commencement of the suit shall dwell ..... relevant portions of paragraphs 13 and 14 of the said decision are complete answer for the contention of the defendant.thus clause (1) of the article provides for continuance, in force, of the existing laws notwithstanding the repeal by the constitution of the enactment mentioned in article 395 and clause (2) provides for their adaptation with a view to bring them into accord with the provisions of the constitution. .....

Army CaptaIn Mrs. Latha Sharma Vs. the General Officer Commanding (Goc ...

Court : Armed forces Tribunal AFT Regional Bench Chennai

..... the case of the applicant was also that the power conferred on the pre- constitutional government to promulgate the said ordinance was as per provisions in section-72 of the 9th schedule of government of india act, 1935, and the said act was also repealed under article-395 of constitution of india and, therefore, the indian military nursing service ordinance, 1943, has no role to play and the proceedings under section-7 of the military nursing service ordinance, 1943, is also null and void. ..... furthermore, if really those proceedings were pending, the respondents should have asked for permission to proceed against the applicant on other charges leaving the charge arising on the impugned court of inquiry proceedings dated 8.2.1993 and thereafter to pass any orders in the said disciplinary proceedings. ..... no doubt, it could be found from the show cause notice that various other charges including absence without leave, have been framed against the applicant apart from the 7th charge stating the finding of court of inquiry proceedings initiated on the letter dated 8.2.1993. ..... therefore, the respondents 1 to 5, 7 and 13 are directed to reinstate the applicant in service in the rank she was holding on 31.12.1996, with all back wages and allowances throughout less her period of absence without leave, and the applicant shall also be entitled to arrears of pay and other allowances prior to 31.12.1996. .....

N.P.A.K. Muthiah Chettiar (Died) and ors. Vs. K.S.Rm. Firm Shwebo, by ...

Court : Chennai

Reported in : (1956)2MLJ239

..... 57, their lordships have held that if there had been no express prohibition against the continuance of pending proceedings to their normal conclusions either in the government of india act, 1935 or in the government of burma act, 1935, both of which were passed by the parliament of great britain dealing with the erstwhile possessions in the british empire the inference is that pending proceedings have to reach their ..... at the time of the passing of the government of india act, 1935 a similar act for the government of burma was also passed under which india and burma became two separate units under the british crown and thereafter there was no community of administration, so far as these two territories were ..... burma remained a part of british india it was permissible under section 17, civil procedure code, to include immovable properties situate in burma as part of the subject matter of a suit instituted in any other province and therefore in regard to a suit instituted in a court in the madras presidency before the separation of burma on 1st april, 1937, the right to continue the suit had not been taken away by the government of india and burma act, 1935 and that the court in ..... section 6 of the general clauses act laying down that the repeal of a statute should not affect vested rights as well as the decisions in ..... india and burma came into force on november 18, 1938, and was repealed by the reciprocal enforcements of judgments (india) order, 1953, which came into force on march .....