Court : Supreme Court of India
Reported in : AIR1953SC394; 1954CriLJ1480; [1953]4SCR1188
..... be tantamount to the importation of all the limitations under sections 99 to 104 into the instrument of accession. this would be contrary to section 101 of the government of india act. there is no justification for such a view merely because of the reference to the enumerated items as lists i and iii which may have been a ..... thereof. under the instrument of accession and by clause (3) thereof the rajpramukh accepted all matters enumerated in lists i and iii of the seventh schedule to the government of india act, 1935, as matters in respect of which the dominion legislature may make laws for the united state. it has been strenuously argued before us that in view of ..... public servant'. the decision of the privy council in king-emperor v. sibnath banerji (1945) f.c.r. 195 is decisive to show that a minister under the government of india act is 'an officer' subordinate to the governor. on the same reasoning there can be no doubt that the minister of vindhya pradesh would be an 'officer' of the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1980SC2056; 1980LabIC1090; (1980)IILLJ182SC; (1980)4SCC38; [1980]3SCR811
..... 241 of the. 1935 act made provision for recruitment and conditions of service. a bare perusal of the section would show that the power to make ..... was set out in the government of india, finance department (central revenues) letter dated september 29, 1944. the quota prescribed therein has undergone a revision at a later date. it thus appears that the rules were pre-constitution rules and, therefore, their source must be traced to the government of india act, 1935 ('1935 act' for short). section ..... the decision of the court would turn even though it can now be demonstrably established that such mate rial and information was with the government. if the government of india had not withheld such material information' which has been rather adversely commented upon not by the court but by the legislature, the credibility .....
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 : Delhi
Reported in : ILR1974Delhi450
..... for the said provinces of the punjab and delhi by the letters patent of march 21, 1919 by virtue of the provisions of the government of india act, 1915. part ix of the government of india act. 1915 dealt with, inter alia, the constitution and jurisdiction of the indian high courts. section 106 dealt with the jurisdiction of the ..... judges. learned counsel also sought to seek support from the comparative phraseology of the relevant provisions with regard to the high court in the government of india act, 1935, the constitution of india and the rules and orders of the punjab high court, volume v. learned counsel further contended that neither chapter 9a nor chapter 18 of ..... rules to that post'. it was further pointed out that the substance of these rules will be incorporated in the rules to be made under the government of india act for the establishment of the civil & sessions courts at delhi. the communication further pointed out that the hon'ble judges had received complaints of corruption .....
Tag this Judgment!Court : Allahabad
Reported in : [2003]130STC202(All)
..... in state of madras v. gannon dunkerley & co. (madras) ltd. : [1959]1scr379 , the constitution bench was called upon to interpret entry 48 under the government of india act, 1935, to the expression 'sale of goods'. similarly, while interpreting entry 54 of the state list under the present constitution relying on the meaning given in entry 48 ..... there was no provision corresponding to article 286 of the constitution of india. however, entry 48 of list ii of schedule vii of the government of india act, 1935 authorised the provincial legislature to levy sales tax. entry 48 reads as under :'48. tax on the sale ..... of some provisions including the historical background of the constitution as well as the central sales tax act, 1956, the additional duties of excise (goods of special importance) act, 1957 (hereinafter referred to as 'the 1957 act'). under the government of india act, 1935, there was no entry relating to sales tax in list i of schedule vii, and .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1951SC253; [1951]2SCR474
..... they have, at any rate, ceased to be states of the kind which could maintain a suit under section 204 of the government of india act. after the repeal of the government of india act and the commencement of the constitution none of these states is an acceding state which may continue a suit filed under section 204. ..... . the next contention raised that the suit in so far as it questions the validity of certain statutes by interpreting the provisions of the government of india act and the independence act has force as these subjects fall outside the scope of article 363. the question of jurisdiction has to be determined on the allegations made ..... external affairs and communications. article 5 provided that the terms of the instrument of accession should not be varied by any amendment of the government of india act or of the indian independence act, 1947, unless such amendment was accepted by the ruler by an instrument supplementary to the instrument of accession. article 7 provided that nothing .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1996IVAD(SC)137; AIR1996SC1864; JT1996(4)SC379; 1996(3)SCALE640; (1996)5SCC125; [1996]Supp1SCR442
..... to tribals or non-tribals. therefore, the apprehension expressed by the state-level committee is unfounded.41. the christians in india are governed by the indian succession act, 1925. it is stated that by operation of section 1 notification issued under the government of india act of 1935, the operation thereof stood excluded to the tribal christians residing in the state of bihar. there is no ..... premise are valid.35. the question then is: whether the interpretation is consistent with sub-section (2) of section 4 of the hindu succession act, 1956? entry 7 of list iii of seventh schedule to the government of india act 1935 provided 'wills, intestacy and succession save as regards agricultural land.' entry 5 of the concurrent list in the seventh schedule of the constitution .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1953]23ITR382(MP)
..... he, however, strongly relied on article 371 of the constitution to show that the limitations imposed on the powers of the dominion legislature under the government of india act, 1935, to legislate for the indian states, are also operative in relation to the parliament under the new constitution. this contention seems to me untenable ..... to a matter excluded from the legislative competence of the dominion legislature by virtue of an instrument of accession executed under section 6 of the government of india act, 1935. i also considered the question whether parliament could under the constitution give to its laws retrospective operation.i then observed that parliament had ..... acceding state only in accordance with the instrument of accession of that state and subject to the limitations contained therein. with the repeal of the government of india act, 1935, by the new constitution, which was accepted by the rulers of gwalior, indore and the covenanting states as the constitution for the united .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1992KAR3148
..... last half century to permit localgovernment to exist as local self government. to see it otherwisedoes not reconcile with the constitution. (paras 47, 51)the process which ..... it will beconstituted as local self government. this simply descends tomean that there will be government of the people, by the peopleand for the people, but not a corporate entity run by those whoare not the people. the entry in the constitution of india hasbeen extracted out of the government of india act, 1935. theconstitution of local government as local government is, thus,explained in continuity for the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1996(2)ALT929; [1996]103STC34(AP)
..... in-aid from the union to the states. (16) further it must not be forgotten that articles 285 and 289 are successors of sections 154 and 155 of the government of india act, though there are differences in detail between them, in particular clause (2) of article 285, which corresponds to the proviso to section 154 seems in our opinion to ..... 'although article 131 does not define the scope of the disputes which this court may be called upon to determine in the same way as section 204 of the government of india act, and we do not find it necessary to do so, this much is certain that the legal right which is the subject of dispute must arise in the context ..... rights, duties, immunities, liabilities, disabilities, etc., flowing therefrom. it is pure and simple dispute in which the government of india is being charged to a tax as a dealer in goods as defined under the a.p. general sales tax act and thus is sought to be taxed as a trader or businessman which is not incidental to the ordinary functions .....
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