Judgment Search Results Home > Cases Phrase: government of india act 1935 repealed part xii miscellaneous and general Page 1 of about 372 results (0.159 seconds)

Ballabhadas Mathurdas Lakhani and ors. Vs. Municipal Committee, Malkap ...

Court : Supreme Court of India

Reported in : AIR1970SC1002; 1970MhLJ561(SC); (1970)2SCC267

..... the constitution article 276(2) proviso. the notification relied upon by the municipality was brought into operation after the constitutional prohibition under section 142-a of the government of india act became effective on april 1, 1939. the modification of rates was plainly ineffective, for the rates prescribed thereby were not in operation in the financial year ..... section 142-a levy by the provinces or municipal bodies of tax on profession, trade, calling or employment, at rates exceeding the rates prescribed by the government of india act were to remain in operation until provision to the contrary was made by the parliament. to give effect to the limitation imposed by section 142-a the ..... held that the levy of tax at the rate prevailing on march 31, 1939, was saved by the provisions of section 142-a(2) of the government of india act, 1935, and the municipality was competent to levy tax at that rate. the district court on that view modified the decree and held that the municipality was .....

Saruplchand and Hukumchand Vs. Union of India and Another.

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 .....

State of Maharashtra Vs. Kusum Charudutt Bharma Upadhye

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 .....

James Stewart and Co. Vs. Sadrakula

Court : US Supreme Court

..... ordinances relating to licenses, bonds, and inspections in the course of construction thereon of buildings by the united states government, no such legislative intent or desire being indicated by the act." it also quoted with approval an excerpt from an opinion of the director, legal division, federal emergency administration of ..... the tendency toward a uniformity between the federal and surrounding state territory has caused a series of congressional acts adopting the state criminal laws. [ footnote 14 ] through these concessions, our dual system of government works cooperatively towards harmonious adjustment. it is urged that the provisions of the labor law contain numerous ..... enacted by the united states. . . . the difficulty with sections 2 and 3 of the nevada act is that they do not merely occupy a vacant field until filled by the federal government -- they withhold and reserve jurisdiction, present and future, over the matters specified in them, howsoever inconsistent with .....

Dr. V.K. Rajan Vs. State of Kerala

Court : Kerala

Reported in : 2008CriLJ909

..... before the commencement of the constitution. part ii of the government of india act, 1935 envisaged the establishment of the federation of india. section 317 of the government of india act, 1935 continued the provisions of the government of india act, 1915 with certain amendments mentioned in schedule 9 of 1935 act until the establishment of the federation. section 72 of the ..... special legislative powers or in exercise of the emergency power conferred upon him by section 72 of the 9th schedule of the government of india act, 1935 were all equated with the acts of the federal legislature or the indian legislature as the case may be, assented to by the governor-general. if there ..... (1) of this section, each of the new dominion and all provinces and other parts thereof shall be governed as nearly as may be in accordance with the government of india act, 1935; and the provisions of that act, and of the orders in council, rules and other instruments made thereunder, shall, so far as applicable, .....

Brij Lal Suri Vs. State of Uttar Pradesh and ors.

Court : Allahabad

Reported in : AIR1954All393

..... under statutory authority. what is the statutory authority behind these rules? for an answer to this question we have to consider some sections of the government of india acts prior to the coining into force of the new constitution. 75. for very nearly sixty years rules regulating the grant of prospecting licences have existed ..... (civil) department notification no. 765 /vii-127-1935, dated 27-4-1938, made in exercise of the powers conferred by sub-section (3) of section 175, government of india act, 1935, which declared 'that the under-mentioned contracts and assurances of property may be executed as follows : '3 (a) contracts and other instruments connected with .... ..... given by the association was without consideration. it has also been challenged on the ground that it is not in the form required by section 175, government of india act, 1935, and is therefore null and void. 11. there is, in my opinion, no evidence to justify the conclusion that the association's representatives .....

M/S. Mohit Paper Mills Ltd. and Another Pvvnl and Others

Court : Allahabad

..... act, 2003. 49. the act, 2003 was enacted and published in the gazette of india dated 2.6.2003. section 1 (3) provides that the act shall come into force on such date as the central government may by notification appoint. the proviso thereunder also empowers central government to enforce different provisions of act on different dates. the entire act ..... except section 121 came into force on 10.6.2003. section 185 of act ..... amount or instalments thereof and 8.4 deals with voluntary declaration of tampered meters and lastly comes para 8.5. which is general. later on government of india, ministry of power issued notification no. s.o. 790(e) dated 8.6.2005 with the "title the electricity (removal of difficulties) order .....

Bhaskar Bhai S/O. Apa Bhai Patel Vs. State of Madhya Pradesh

Court : Madhya Pradesh

Reported in : (1993)IIILLJ897MP; 1991(0)MPLJ513

..... without jurisdiction, is void.8. the contention of the learned counsel for the state is that by act no. 20 of 1987 (for short 'the amending act of 1987') the central government has amended several provisions of the factories act including that under section 92 providing for general penalties for offences and according to the amended provision in ..... question of imposition of maximum sentences provided for the offences and, therefore, according to the proviso below article 254(2) of the constitution of india the provisions of the amending act of 1987 must prevail. in support of his submissions he has placed reliance on the decisions in deepchand's case, air 1959 sc 648, ..... sc 105.10. the point for consideration is whether there is inconsistency in the provisions of the two acts as contended and the jurisdiction of the labour court stands excluded.11. article 254(2) of the constitution of india provides that in respect of any of the matters enumerated in list 3 of the viith schedule referred .....

Vellore Citizens Welfare Forums Vs. Union of India rep. by its Secreta ...

Court : Chennai

..... while creating one or more additional benches and having all the pending cases transferred from the loss of ecology authority to the national green tribunal, the government of india shall also consider the absorption of the staff working in the loss of ecology authority, to the extent necessary. 81. therefore, in fine, we ..... the purpose of exercising and performing such of the powers and functions (including the power to issue directions under section 5) of the central government under this act and for taking measures with respect to such of the matters referred to in sub-section (2) as may be mentioned in the ..... of environmental pollution; (xi) establishment or recognition of environmental laboratories and institutes to carry out the functions entrusted to such environmental laboratories and institutes under this act; (xii) collection and dissemination of information in respect of matters relating to environmental pollution; (xiii) preparation of manuals, codes or guides relating to the .....

K.c. Ninan Vs. Kerala State Electricity Board & Ors.

Court : Supreme Court of India

..... pay off the dues of creditors. b. regulatory regime 4. electricity is a concurrent subject under the constitution of india. prior to the enactment of the electricity act 20032, the electricity act 19103 governed the supply and use of electrical energy in india. the 1910 act prescribed the legal framework for laying down cables and other works related to the supply of electricity. it also laid ..... found inadequate for a coordinated development of electricity and a grid-system in india. therefore, the electricity (supply) act 19484 was enacted for the rationalisation of the production and supply of electricity and for taking measures conducive to the development of electricity. the 1948 act mandated the state governments to constitute state electricity boards under section 5 and entrusted them with the responsibility of .....