Court : Kolkata
Reported in : AIR1974Cal39
..... an armed force of the nature which i have described above is permissible under the constitution or under the government of india act, 1935 for the federal legislature to pass such an act. the government of india act, 1935, described the list i as the federal legislative list and used the following material expression in item ..... extent of repugnancy, be void.10. an examination now of the different entries in the legislative lists of the seventh schedule of the government of india act, 1935, as substituted by the india (provisional constitution) order, 1947, will be necessary. list i of the seventh schedule so substituted provides as follows :--'1. the ..... article 372-a of the constitution which gives power to the president to adopt laws.5. the provisions of the government of india act, 1935, is, therefore, material for this purpose. section 100 of the government of india act, 1935, deals with the subject-matter of federal and provincial laws. it provides :--'100. (1) notwithstanding anything .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1973Cal56
..... power to legislate was given to the appropriate legislature by article 246 of the constitution. (in the government of india act, 1935 corresponding to article 246 of the constitution, section 100 of the government of india act, 1935 gives the power to legislate). the supreme court further observed that the entries in these lists ..... determine the controversy raised in this case, it would be necessary to reiterate certain principles regarding the interpretation and construction of constitutional provisions of the government of india act, 1935. in the case of prafulla kumar mukherjee v. bank of commerce, ltd.. khulna, 74 ind app 23 (air 1947 pc 60), ..... is whether the federal legislature had the powers under the government of india act, 1935 to enact the central reserve police force act, 1949. it is, therefore necessary to refer to the relevant provisions of the government of india act, 1935. part v of the government of india act, 1935 deals with legislative powers, chapter i contains sections .....
Tag this Judgment!Court : Supreme Court of India
Reported in : [1951]2SCR747
..... as we have seen, such power as was conferred included the power to do what was done under the delhi laws act. the government of india act of 1915 which consolidated the previous acts touching the government of the country, made no alteration regarding this though parliament had the queen v. burah before it. in 1935, ..... such matter is a matter enumerated in the state list. 162. the position, therefore, is substantially similar to that under the indian councils act, 1861, and the government of india act, 1935, so far as the words conferring the law-making power are concerned. is then this impugned enactment, which merely purports to delegate ..... the only law-making authority for the chief commissioner's provinces. the ajmer-merwara act was passed under the government of india act as adapted by the indian independence act. although by that act the control of british parliament over the government of india and the central legislature was removed, the powers of the central legislature were still .....
Tag this Judgment!Court : Delhi
Reported in : ILR1975Delhi284
..... naturally arise whether the ccs(ts) rules which could not apply to the police personnel till the commencement of the constitution in view of section 243 of the government of india act, 1935 became applicable to the police personnel from and after january 26, 1950 when the constitution came into force. (4) by a notification dated july 6, ..... such application was no longer excluded by section 243 which stood repealed on january 26, 1950. of course, the rules framed under section 241 of the government of india act as well as under article 309 of the constitution were and are themselves subject to statutes made by the legislature to regulate the conditions of service of ..... even to the lower subordinates in the police force. with respect, the attention of their lordships was not invited to the repeal of section 243 of the government of india act. had that been done, their lordships would have considered the question whether because of the repeal of section 243 and not because of the issue of .....
Tag this Judgment!Court : Mumbai
Reported in : 1952CriLJ870
..... memorandum. there is thus nothing in the first point.12. as regards the second point, we would refer to the provisions of section 266(4) of the government of india act, 1935, which is in the following terms:nothing in this section shall require a public service commission to be consulted as respects the manner in which appointments ..... . their lordships then delivered another judgment in which they came to the opposite conclusion, observing:the rule in question would none the less be inoperative, since the government of india act, 1935, under which the rule would have been valid against him, did not come into force until 1st april 1937 and could not then retrospectively affect the ..... cannot be exercised in favour of the applicant. on behalf of the applicant it is said that his dismissal was ordered in contravention of the provisions of the government of india act, 1935; that the order of dismissal was a nullity that it must therefore be treated as a scrap of paper and that, but for that order, .....
Tag this Judgment!Court : Chennai
Reported in : (1980)1MLJ82
..... of the great indian codes. this aspect is in fact reinforced by the instrument of instructions given by his majesty to the governor-general under the government of india act, 1935, on which mr. thiruvenkata chari himself relied. the said instructions are dated 8th march, 1937 and paragraph xii of the instructions deals with ..... was not the sole consideration or even the main consideration. as a matter of fact, the joint parliamentary select committee on the bill which became the government of india act, 1935 had not given 'uniformity' alone as the criterion for the presence of that 'concurrent list' and gave three different reasons for the same. ..... mechanically propelled vehicles including the principles on which taxes on such vehicles are to be levied', as against item no. 20 in the government of india act. thus, even under the constitution of india, the parliament as well as the state legislatures have competence to make a law with regard to that matter. the relationship between law .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1981SC1485; 1981(1)SCALE193; (1981)2SCC45; [1981]2SCR676; 1981(13)LC612(SC)
..... is necessary to examine the history of legislation relating to the trade and commerce within a state and production, supply and distribution of goods in india.8. under the government of india act, 1935, entries 27 and 29 of list ii in the seventh schedule read as follows :27. trade and commerce within the province: markets ..... and distribution of certain essential commodities on march 26. 1946 the british parliament passed the india (central government and legislature) act, 1946 (9 and 10 geo. 6, chapter 39) amending among others. sub-section (4) of section 102 of the government of india act, 1935 as to the effect of laws passed by virtue of the proclamation of ..... emergency. the relevant part of that act read:2. (1) notwithstanding anything in the government of india act, 1935, the indian legislature shall during the period mentioned in section four of this act have power to make laws with respect to the following matters(a) trade and commerce .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1956SC676; [1956]1SCR393
..... come to an end on the 1st april, 1946 and the british parliament, therefore, on 26th march, 1946, passed the india (central government and legislature) act, 1946, under which notwithstanding anything in the government of india act, 1935, the central legislature was, for the period specified in section 4 thereof, invested with the powers to make laws ..... state of bombay : [1955]1scr799 , this provision contained in article 254(2) 'is in substance, a reproduction of section 107(2) of the government of india act, 1935, the concluding portion whereof being incorporated in a proviso with further additions. discussing the nature of the power of the dominion legislature, canada, in ..... the constitution to enact a statute repealing directly any provincial statute. 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. now, by the proviso to article 254(2) the constitution has enlarged the powers .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1970SC564; [1970]40CompCas325(SC); (1970)1SCC248; [1970]3SCR530
..... to the constitution is only 'banking' and it does not contain any qualifying words like the conduct of business occurring in entry 38 of the government of india act, 1935. the indian companies act, 1913 in section 277 however defined 'banking company' but not 'banking' by reference to the principal business and other businesses usually undertaken by ..... or building of a subject for administrative purposes in connection with the defence or the realm, without compensation for their use and occupation.104. under the government of india act, 1935, by section 299(2) it was enacted that:neither the federal or a provincial legislature shall have power to make any law authorising the ..... decision of the federal court in lakhi narayan das v. the province of bihar [1949] f.c.r. 693, which interpreted the analogous provisions of the government of india act, 1935, conferring upon the governor-general in the first two cases, and upon the governor of a province in the last case, power to issue ordinances .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1961SC459; [1961]2SCR537
..... that contention and held that the levy was in pith and substance a tax on lands, which came within entry 42 of list ii of the seventh schedule to the government of india act. a distinction was made between a tax on land which is levied on the basis of its capital value and a tax which is on capital treating it as ..... to the tax was on the ground that it was tax on income or capital value within items 54 and 55 of list i of the seventh schedule of the government of india act and could not therefore be imposed by the bombay legislature. it was held that the tax was a tax on lands and buildings within the meaning of item 42 ..... which imposed the liability to pay the specified contribution on every mutt or temple having an annual income exceeding rs. 250 for services rendered by the state government. the scheme of the impugned act was examined and it was noticed that the collections made under it are not merged in the general public revenue are not appropriated in the manner laid down .....
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