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Vithabai Bama Bhandari Indian Inhabitant Vs. State of Maharashtra and ...

Court : Mumbai

Reported in : 2009(3)BomCR663; 2009(111)BomLR2093; 2009(4)MhLj693

..... also avoiding speculative transactions relating to land in urban agglomerations.28. with a view to ensuring uniformity in approach, government of india addressed to all the state governments in this regard, eleven states could pass resolutions under article 252(1) of the constitution empowering parliament to undertake legislation ..... recorded, petition succeeds and is allowed. it is held and declared that as a consequence of the repeal act, further proceedings pursuant to the order made by the state government dated 28th june, 2007 withdrawing exemption and all further actions taken under section 10(3) shall stand ..... in this behalf.29. the urban land (ceiling and regulation) bill was passed by both the houses of parliament and the statute came on the statute books as the urban land (ceiling and regulation) act .....

Union of India (Uoi) and ors. Vs. Valluri Basavaiah Chowdhary and ors.

Court : Supreme Court of India

Reported in : AIR1979SC1415; (1979)3SCC324; [1979]3SCR802

..... only mean the house or houses of legislature, as the case may be. learned counsel for the respondents, tries to draw sustenance from section 103 of the government of india act, 1935, which read:if it appears to the legislatures of two or more provinces to be desirable that any of the matters enumerated in the provincial legislative list ..... stage of introduction of a resolution before the legislature of that province. there is a fallacy in the argument. the second part of section 103 of the government of india act is replaced by article 252(2) of the constitution which takes away the power of repeal from the state legislature and entrusts it to the parliament. when ..... his attention was drawn to the fact that clause (2) of article 252 of the constitution differs from the provisions of section 103 of the government of india act, 1935, the under counsel did not pursue the point any further. under article 252(2) an amending or repealing bill must go through the same procedure as .....

Dulal Samanta Vs. the District Magistrate, Howrah and ors.

Court : Kolkata

Reported in : AIR1958Cal365

..... continued to remain in force under article 372(1) and article 246 does not apply to any act which was already in existence. the police act which was passed in 1861 at a time when there was no representative government in india, remained in force at the commencement of the constitution and its constitutionality cannot therefore be challenged on ..... grantor has now ceased to exist or has lost capacity. therefore, he says that the grantees under section 17 of the act could no longer act became the original grantor, the central government could not act.26. this argument suffers from all the defects of a mixed metaphor and a confused analogy. a statute is not to be ..... the ground that it being a central act is not a valid act in the state of punjab after the constitution'.these two cases of allahabad .....

State of West Bengal and anr. Vs. Tarun Kumar Sen Gupta and anr.

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 .....

In the High Court for the States of Punjab Vs. Union of India and ors.

Court : Punjab and Haryana

..... sale . is also appended with the petition. (8) the petitioners have brought on record a circular dated 31.05.2012 [annexure p-14].of the government of india, ministry of consumer affairs.food and public distribution, addressed to the controller of legal metrology of all the states/uts whereby guidelines for the firs.verification of ..... been included within two penal provisions, namely, sections 27 and 33 of the act. (32) the hardship which the manufacturers would have faced if they were required to obtain verification from the controller of every state, has been effectively redressed by the government of india through its circular dated 31.05.2012. that hardship, in any case ..... on the anvil of articles 14, 19 and 21 of the constitution. (3) the statement of objections and reasons of the act placed on record by the petitioners [annexure p-4a].reveals that india is signatory to the metre convention and is a member of general conference of weights and measures ['cgpm'].as also the international .....

K. Janardhan Pillai and anr. Vs. Union of India (Uoi) and ors.

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 .....

Paresh Chandra Chatterjee Vs. the State of Assam and anr.

Court : Supreme Court of India

Reported in : AIR1962SC167; [1962]3SCR88

..... land'. entry 34, list i of the seventh schedule to the said act was 'development of industries, where development under federal control ..... some facts. the assam land (requisition and acquisition) act, 1948, was passed by the assam legislature and it received the assent of the governor on november 14, 1948. it is a pre-constitution act, presumably made under entry 9, list ii of the seventh schedule to the government of india act, 1935, which related to 'compulsory acquisition of ..... to the consideration of the scope of the both the acts. 4. first taking the act, the preamble shows that it was passed to provide for the requisition and speedy acquisition of premises and land for certain purposes. section 3 confers on the provincial government a power to requisition any land for the purpose of .....

H.S. Rainal Vs. Union of India (Uoi) and ors.

Court : Jammu and Kashmir

Reported in : AIR1995J& K7

..... and what judges of the court, whether with or without the chief justice, are to constitute the several division courts.' 34. the scope of section 108 of the government of india, act, 1915 came to be considered by the supreme court in national sewing thread co. chidambaram v. james chadwick & brothers, air 1953 sc 357, in which it was ..... amplitude ...... the power that was conferred on the high court by section 108 still subsists, and it has not been affected in any manner whatever either by the government of india act, 1935 or by the new constitution. on the other hand it has been kept alive and reaffirmed with great vigour by these statutes. the high court still ..... enjoys the same unfettered power as they enjoyed under section 108 of the government of india act, 1915 of making rules and providing whether an appeal has to be heard by one judge or more judges or by the division courts consisting of two .....

Zaverbhai Amaidas Vs. the State of Bombay

Court : Supreme Court of India

Reported in : AIR1954SC752; (1955)57BOMLR589; [1955]1SCR799

..... both.' 10. it must be mentioned that while the amendments of 1948 and 1949 were made when section 107(2) of the government of india act was in force, the constitution of india act had come into operation, when act no. lii of 1950 was enacted. article 254(2) of the constitution is as follows : 'where a law made by ..... under 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 of article 254(2) the constitution has enlarged the powers of parliament ..... and shall also be liable to fine.' this section is avowedly repugnant to section 7(1) of the essential supplies (temporary powers) act. section 107(2) of the government of india act, which was the constitution act then in force, enacted that, 'where a provincial law with respect to one of the matters enumerated in the concurrent legislative list .....

State of Kerala Vs. South India Corporation (P) Ltd.

Court : Supreme Court of India

Reported in : AIR1971SC1930; (1972)4SCC106; [1971]SuppSCR236; [1971]27STC494(SC); 1971(III)LC554(SC)

..... in the state of madras v. ganon dunkerley and company (madras) ltd. : [1959]1scr379 it was held that entry 48 in list ii in schedule viii of the government of india act, 1935 did not extend to imposing a tax on the value of materials used in construction works, and that the provision introduced into the madras general sales tax ..... of revenue which that state used to derive from inter alia, the sales tax on works contracts being a tax which was leviable under the constitution by the government of india alone. the agreement came to an end in 1960 and with it the financial assistance rendered in terms thereof. the agreement broke the continuity of the levy of ..... any revenue which that state used to derive from any tax or duty leviable under this constitution by the government of india or from any other sources;(c) the contribution by such state in respect of any payment made by the government of india under clause (1) of article 291 and when an agreement is so entered into, the provisions of .....