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Judgment Search Results Home > Cases Phrase: government of india act 1935 repealed chapter i distribution of powers Page 4 of about 517 results (0.289 seconds)

Jan 13 2006 (HC)

Microforms Inc Vs. Girdhar and Co. and ors.

Court : Delhi

Reported in : 128(2006)DLT238; 2006(32)PTC157(Del)

..... reason that each design registered there under would be able to trace its origin to a diagram, chart, drawing, etc. and, thus, cease to be governed by the designs act. the legislative intent could not have been this because the law of designs is based on the same principle as applicable to other monopolies and to fuel ..... is industrial) and its inability to stand by itself as a piece of art. in fact, it has no independent existence of itself.63. in india, we have special legislations governing the protection of different nature of rights. insofar as the industrial designs are concerned, the protection is provided under the designs ..... works. article 16(a) of the convention is relied upon to substantiate the plea that the protection exists automatically and there is no registration required in india in view of india being a signatory to berne convention, the universal copyright convention, 1971 and the international copyright order 1999 being promulgated.40. learned counsel for the plaintiff .....

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Mar 23 1995 (HC)

Arka Vasanth Rao and Others Vs. Govt. of A.P. and Others

Court : Andhra Pradesh

Reported in : AIR1995AP274; 1995(1)ALT600

..... combining judicialand executive functions. the history of indiaproves that with primitive peoples any othersystem is certain to work the greatest injustice.chapter 5 of the government of india act, 1935 comprising ss. 91 and 92 contains special provisions for administration of areas inhabited by the scheduled tribes. the areas were classified as excluded ..... inhabiting the areas being accustomed to primitive ways of living are incapable of becoming effective partners in a participatory democracy at the local government level envisaged by the act and that is the reason why parliament alone was entrusted with the responsibility to enact a law under art. 243-m(4)(2 ..... act must be allowed to operate in the scheduled areas. we do not agree. in theadjudication of the question at issue, the recommendations of the committee have no bearing even otherwise, judging from a factual point of view, the contention does not appear to be correct. the ministry of rural development, government of india .....

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Dec 10 2019 (SC)

Rajendra Diwan Vs. Pradeep Kumar Ranibala

Court : Supreme Court of India

..... counsel appearing on behalf of the appellant, that reservation of a bill for presidential assent and consequential grant of presidential assent, tantamounts to special agreement between the government of india and the state government, because the president acts on the aid and advice of the council of ministers.82. a special agreement, in our considered view means, an independent agreement arrived at between the ..... government of india and the government of a state through deliberations and 37 negotiations and not just an approval of legislation by the president on the aid and advice of the council .....

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Sep 09 1948 (PC)

Saradhakar Naik and ors. Vs. the King

Court : Orissa

Reported in : AIR1950Ori67

..... state, is limited to those matters in respect of which the dominion legislature has power to make laws by virtue of sub-section (1) of section 8, government of india act. it is enough to say, in answer to this, that this can have application only to the exercise of executive authority by virtue of an instrument of accession ..... the implication being that if it is treated as a supplementary instrument of accession, he may be able to press in aid section 8, sub-section 2, government oe india act which requires that an instrument of accession shall specify the matters which the ruler accepts as matters with respect to which the dominion legislature could make laws for ..... the continuance of sovereignty in the ruler should henceforth cease. there may be some difficulty in the way of the prosecution, in view of the provision of the government of india act, 1935 relating to accession of indian states. i shall not, however, devote more attention to this aspect as, in my view the agreement is not a .....

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Nov 09 2012 (HC)

Lochamesh B. Hugar and Others Vs. Union of India Represented by Its Se ...

Court : Karnataka

..... as per the notification dated 01.08.2011 issued by the ministry of health and family welfare, government of india in exercise of the power conferred by clause (1) of sub-section (2) of section 92 read with section 26 of fss act which is duly gazetted and as such it is contended that irrespective of the nature, size or ..... is packed; 4. establishment of food safety and standards authority of india (1) the central government shall, by notification, establish a body to be known as the food safety and standards authority of india to exercise the powers conferred on, and to perform the functions assigned to, it under this act. (2) the food authority shall be a body corporate by ..... bureau section 2(o) defines process to include any practice, treatment and mode or manufacture of any article. 37. under section 14 of the bis act, if the central government is of the opinion that it is expedient so to do, it may be order published in the official gazette notify any article or process of any scheduled .....

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Mar 14 2000 (HC)

State of Karnataka and Others Vs. B. Krishna Bhat and Others

Court : Karnataka

Reported in : ILR2001KAR2030; 2001(2)KarLJ1

..... extends to all jurisdiction and powers possessed by the existing high courts, whether at the date of their letters patent or of the government of india act of 1915-1919 or of the government of india act, 1935, or conferred upon it by the constitution itself or subsequent to the commencement of the constitution itself or subsequent to the ..... are to be judged by the judiciary and judicial forums and not by the administrators or executives. but it is equally true that citizens of india are not to be governed by the judges or judiciary'. (emphasis supplied) the supreme court held that where a question is one on which debate is possible and acceptance ..... interest can certainly maintain an action challenging the legality of such act or omission. 39. in dr. p. nalla thampy them v union of india and others, the supreme court while dealing with a petition under article 32 of the constitution seeking directions to the government and its instrumentalities to improve railway services observed thus:-- 'it .....

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Nov 25 2005 (HC)

The Commissioner, Bangalore Development Authority and anr. Vs. State o ...

Court : Karnataka

Reported in : ILR2006KAR318; 2006(1)KarLJ1

..... metropolitan area and therefore the. acquisition proceedings are void, ab initio.73. the requirement of law as contemplated under section 2(c) of the bda act is, the government may from time to time by notification specify other areas adjacent to the bangalore city as bangalore metropolitan area. there is no obligation cast to mention the ..... are one without jurisdiction and liable to be quashed.70. in exercise of powers conferred by sub-section (1) of section 4-a of the ktcp act, 1961, the government of karnataka declared with effect from 1st november, 1965 the area comprising the city of bangalore and other areas indicated in schedule i to the local ..... considering the material placed before him, arguments of the parties and after looking into the files of bda and government, has held that in view of the amendment to the constitution of india by the constitution (seventy-fourth amendment) act, 1992, part ix-a and in particular and definition of metropolitan area defined in article 243-p(c), .....

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Sep 18 1984 (HC)

Katya Co-operative Building Society Limited and ors. Vs. Government of ...

Court : Andhra Pradesh

Reported in : AIR1985AP242

..... land (ceiling and regulation) rules, 1976, had the transfer of that land taken place in pursuance of the scheme under s. 21 of the act. in pursuance of the directions of the government of india, the state government re-examined the whole matter and issued g.o. ms. no. 4270 revenue (uc ii) department dt. 10-9-1980 amending g.o. ..... sale proposed to be allotted to him does not exceed the ceiling limit as defined under s. 4 of the urban land (ceiling and regulation) act, 1976.5. again the government of india in their letter dt. 7-5-1980 stated that the house building co-operative societies evidently had difficulty to acquire land after the enactment of the ..... and consequently house building co-operative societies swelled in number and the number of applications for exemption under s. 20(1)(b) of the act increased. it is true as observed by the government of india in their letter dt. 6th jan. 1977 that it is difficult in these cases for exemption to distinguish between the genuine transaction and .....

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Sep 18 1984 (HC)

Muppavarapu Siva Ramakrishnaiah Vs. State of Andhra Pradesh and ors.

Court : Andhra Pradesh

Reported in : AIR1985AP376

..... (ceiling and regulation) rules, 1976, had the transfer of that land taken place in pursuance of the scheme under s. 21 of the act. in pursuance of the directions of the government of india, the state government re-examined the whole matter and issued g.o.ms.no.4270 revenue (u.c.ii) department d/-10-9-1980 amending g.o.ms ..... under sale proposed to be allotted to him does not exceed the ceiling limit as defined under s. 4 of the urban lan (ceiling and regulation) act, 1976).' 4. again the government of india in their letter d/- 7-5-1980 stated that the house building co-operative societies evidently had difficulty to acquire land after the enactment of the ..... promotion of house building co-operative societies swelled in number and the number of application for exemption under s. 20(1)(b) of the act increased. it is true s observed by the government of india in their letter d/- 6th jan .1977 that it is difficult in these cases for exemption to distinguish between the genuine transaction and a .....

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Jan 28 2016 (HC)

M/s. Narang Medical Store Vs. Union of India and Others

Court : Punjab and Haryana

..... power. thus, we hold that provision of section 26a are not ultra vires the constitution of india." counsel for the petitioner has argued that the first ingredient of section 26a of the act is the satisfaction of the central government, which has not been disclosed in the notification, therefore, the notification is bad vinod kumar 2016 ..... out the other functions assigned to it by the act. section 7 of the act provides for constitution of the dcc and its duty is to advise the central government, the state governments and the dtab on any matter tending to secure uniformity throughout india in the administration of the act. in the present case, 46th meeting of ..... freedom of carrying business by any person. in fact in cynamide india case (supra) challenge to vires of section 26a of the act was repelled by supreme court. further, the ingredients mentioned above clearly spell out that the power given to the central government is neither uncontrolled nor unguided. a particular drug would be banned .....

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