Court : Mumbai
Reported in : AIR1951Bom210; (1950)52BOMLR799; ILR1951Bom17
..... protect any social interests which are sufficient to warrant delimiting personal liberty therefor.' (see wallia on constitutional law, p. 721). the provinces in india under the government of india act, 1935, have police powers only in so far as they relate to the matters over which they have legislative competence. therefore what is incidental ..... of preventive detention. now, it is not competent to the legislature to order preventive detention with regard to any class of offences. under the government of india act under entry i in list ii, competency of the legislature to legislate for preventive detention was restricted to cases where preventive detention was necessary for ..... we may also point out that in the white paper item 26 which corresponded to entry 31 used the word 'alcoholic' liquors which have in the government of india act been changed into 'intoxicating' liquors. there, fore it is apparent that from the class of alcoholic drinks non-intoxicating drinks are excluded by the entry. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1952Bom37; (1951)53BOMLR754; ILR1952Bom269
..... statutory right to recover arrears of pay by action in the civil court and had made reference accordingly to sections 179(8), 247(4), 249 and 250, government of india act, 1935. but, said their lordships, it was enough to state that they were unable to derive from these sections any statutory right to recover arrears of ..... the federal court held that the right of dismissal of a police-officer of a subordinate rank was a condition of service within the meaning of section 243, government of india act, 1935. they observed that, in the absence of any special significance, they were unable to regard provisions which prescribed the circumstances under which the employer was ..... order of dismissal against a servant of the crown, were broken by the defendant. it is contended by him that under section 240 sub-section (3), government of india act, 1935 a punishment of dismissal could not be passed against him without giving him a notice to show cause why such punishment should not be inflicted on him .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(111)BomLR737
..... relating to article 164(1a) of the constitution of india.11. ours is a federal constitution. the government of india act, 1935 dealt with administration of federal affairs under chapter ii of the act. section 9 of the act while dealing with council of ministers stated that there ..... shall be a council of ministers, not exceeding ten in number, to aid and advice the governor general in exercise of his function, except for the matters which by or under that act ..... .2. the parliamentary secretary (payment of special allowance and prevention of disqualification) act, 1971. (pondicherry). 223. the west bengal legislature (removal of disqualifications) act, 1952.what to talk of these states in india, even the government of punjab, pakistan issued an ordinance, the punjab parliament secretaries salary, allowances and .....
Tag this Judgment!Court : Mumbai
Reported in : 2003(2)MhLj334
..... , it is necessary to have a brieflook at the historical background and the relevantprovisions of the constitution of india and some of thejudgments of the apex court holding the field.historical background :65. the government of india act, 1858 transferredthe responsibility for administration of india from theeast india company to the british crown. the governorthen became an agent of the crown, functioning under thegeneral supervision of ..... the governor-general. he was thepivot of the provincial administration.66. the government of india act, 1935 introducedprovincial autonomy. the governor was now required to acton .....
Tag this Judgment!Court : Mumbai
Reported in : (1965)67BOMLR484
..... to them. the principle of devolution and decentralization of power was given effect to in small measure by the government of india act, 1919. section 45a of the government of india act, 1919, empowered the central government to make rules for classification of central and provincial subjects. accordingly, rules known as 'devolution rules' were ..... respective legislatures. before concluding this topic, it is somewhat interesting to refer to the entry relating to petroleum in list i of the government of india act, 1935. it is entry no. 32 which runs thus:petroleum and other liquids and substances declared by dominion law to be dangerously inflammable ..... subjects were the subjects which were transferred to the control of the legislative council. the petroleum act of 1934 was passed during the prevalence of government of india act, 1919. at that time, the government was unitary, and notwithstanding the devolution and classification of subjects between central and provincial subjects, the .....
Tag this Judgment!Court : Mumbai
Reported in : (1981)83BOMLR75; 1981MhLJ93
..... the words 'pursuant to article 225 of the constitution' for the words 'pursuant to section 108 of the government india act' in clause 15 of the letters patent, the words 'the provisions of section 107 of the government of india act' should now be read as 'the provisions of article 227 of the constitution'. under clause 15 of ..... court had origin in the ordinary law made by imperial parliament. (para. 8 of the judgment).(4) the phraseology of the letters patent, the government of india act, 1915, and the government of india act, 1985, 'makes it evidently obvious that when these words 'original' or 'appellate' are used those have reference to legal jurisdictions of the high ..... been kept alive by article 225 of the constitution, an that this power had been reaffirmed with greater vigour by section 108 of the government of india act, 1915, section 223 of the government of india act, 1935. and by article 225 of the constitution. it said (p. 360) :. .the high courts still enjoy the same unfettered .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1983Bom317; (1983)85BOMLR134
..... commerce ltd. (1947) 74 i. a. 23 : air 1947 pc 60 the privy council was confronted with the question whether the bengal moneylenders act fell within entry 27 in list ii of the seventh schedule to the government of india act, 1935, which was 'money-lending', in respect of which the provincial legislature was competent to legislate, or whether it fell within entries 28 ..... and 33 in list i -- federal legislative list in the seventh sch. to the government of india act, 1'935, corresponded to entries 43 in list i --union list in the seventh schedule to the constitution of india and entry 33 in list ii of the seventh schedule to the government of india act, 1935, corresponded to entry 32 in list ii -- state list in the seventh .....
Tag this Judgment!Court : Mumbai
Reported in : [1979]49CompCas686(Bom)
..... of a particular right.' 78. in state of uttar pradesh v. om prakash gupta : air1970sc679 , the supreme court affirms that an enquiry under s. 240 of the government of india act, 1935, must be conducted in accordance with the principles of natural justice. hegde j. said : air1970sc679 : 'but those principles are not embodied principles. what principle of ..... them to represent their case reduced the import certificate. in dealing with a representation made by the respondents, the government of india also declined either to make available the evidence on which the textile commissioner had acted or give a hearing to the respondents. the court was of the view that the textile commissioner and the ..... v. k. m. c. abdulla & co. : [1965]1scr601 , in which it is observed that the power to frame rules is conferred by the act upon the state government and that power may be exercised within the strict limits of the authority conferred. if in making a rule, the state transcends its authority, the rule will .....
Tag this Judgment!Court : Mumbai
Reported in : (1976)78BOMLR1
..... order and that question arose in view of the fact the legislative measure in question fell within entry no. 1 of list ii, sch. vii of government of india act, 1935 read with section 100 of the act, which entry read: '' preventive detention for reasons connected with the maintenance of public order'. the detention was challenged on behalf of the detenu on the ground ..... is so relateable; secondly the rules or orders partaking the nature of subordinate legislation framed by the commissioner of police under the bombay police act or by the state government under the defence and internal security of india rules are really bye-laws because the concept of bye-laws is no longer confined to legislation by either corporations or other authorities discharging municipal .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1945Bom88; (1944)46BOMLR877
..... finality of the decision of the assistant collector and appeals therefrom. in the present case, however, the challenge is against the provincial government's authority under the defence of india act to appoint a controller for deciding matters within the civil court's jurisdiction which cannot be taken away except by express provisions made by ..... are all ultra vires, with the result that the ordinary law of landlord and tenant would apply. mr. setalvad for the government of india maintains that section 2 of the defence of india act and rule 81(2) (bb) are valid and he is not concerned with the validity or otherwise of the rent restriction order ..... proviso, decided judicially by the court. the controller is an officer appointed under section 1(5) of the defence of india act and he discharges by delegation the power conferred on the premncial government by the. central government. these powers can, in my opinion, be only administrative or at the most quasi-judicial in their nature : irving v .....
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