Court : Punjab and Haryana
Reported in : AIR1960P& H168
..... is in the following terms:'10. save as provided by this order, all powers which under any law in force in british india, or n any part of british india, were immediately before the commencement of part iii of the government of india act, 1935, vested in or exercisable by any person or authority shall continue to be so vested or exercisable until other provision ..... replaced by another set of rules, or that these rules are inconsistent with the provisions of the government of india act or the constitution of india. it seems to us therefore that these rules must be deemed to have been made under the appropriate provisions of the government of india act, 1935.(9) but these rules purport to have been framed under the provisions of s. 9 .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1957P& H265
..... acquired property is also a right which could not have been intended to depend on the continuance of the temporary act. section 299(2) of the government of india act, 1935, laid down that an owner whose property had been acquired had a right to receive compensation therefor. it follows that when ..... this enactment are necessarily temporary. in the present case the land was acquired under the defence of india act by the government and undoubtedly it has become the property of the government for all times to come. the government has also used the property on that basis and has completely altered the nature of the land ..... such a conclusion will create considerable confusion in all cases in which the central government or the provincial governments had acquired land under the defence of. india act. it must, therefore, be held that the transaction of acquisition made under this act was past and closed before it expired,the right to receive compensation for the .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1956P& H42
..... air 1937 pc 27 (e), although it was found that the removal from service was by a person not authorised and therefore illegal because ot section 96b, government of india act of 1919, yet no relief was granted because the appellant there could not be restored to his office on account of his state of health: see page 30 ..... s not apply to the facts of the present case.10. when the suit was brought the government of india act had been repealed and the constitution of india had come into force. under the constitution for purpose of interpretation the general clauses act applies, see article 367 of the constitution. the corresponding provision in regard to services of the ..... learned district judge has held that the provisions of section 240(3), government of india act were not applicable to the case of the plaintiff, that he was subject to the indian army act, vide section 2(1) of the act and as section 16, indian army act would be applicable he was not discharged by a person authorised to discharge .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1972P& H117
..... 1949, that the governor of east punjab made the impugned order (annexure 'f') in exercise of the powers conferred by section 275(b) of the government of india act, 1935 whereby it was directed that in the jails department, women shall be ineligible for appointment to all posts in men's jails, except the post ..... notice in extenso the order, which is the subject-matter of the challenge-'in exercise of the powers conferred by section 275(b) of the government of india act, 1935 (as adapted) the governor of the east punjab is pleased to order that in the jail department women shall be ineligible for appointment to ..... katoch, the then inspector general of prisoners, punjab, the petitioner's continued appointment as deputy superintendent (camp jail, delhi) was considered to be embarrassing and consequently government ordered her reposting as superintendent, reformatory school, delhi, (later shifted to hissar). apart from the consideration of unsuitability of petitioner's appointment in men's jail, .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1994)106PLR16
..... justiciable; that article xii(2) of the covenant entered into by the rulers of faridkot, jind, kapurthala, malerkotla, nabha, patiala, kalsia and nalagarh states with the government of india for the formation of pepsu states that if any dispute arises as to whether any item of the property is the private property of the ruler or state property, it ..... the applicability of this section stands established. it is beyond comprehension how the section has been applied by the trial judge. none of the articles in the limitation act except the residuary article providing for limitation to sue when the cause of action accrues and that has to be done within three years from the date the ..... notice under section 80, cpc, has not been served on the defendant before filing the suit? opd7. whether the plaintiff is estopped from filing the suit by his own act and conduct? opd8. whether this court has no jurisdiction? opd9. relief.6. issue no. 1 was answered in favour of the plaintiff and it was held that .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1962P& H8
..... and determine citizens rights in the light of our present democratic constitution.(16) it would not be out of place here to notice that even in the government of india act 1935, section 240 is in marked contrast with section 96b of 1919. sub-section (1) of this section undoubtedly retains the english constitutional theory that ..... termination of their services. this rule of english law, according to the supreme court decision, had not been fully adopted in s. 240 of the government of india act 1935 because the section itself placed restrictions and limitations on the exercise of that pleasure and those restrictions must, in the view of the supreme court, ..... 1927. in his plaint, in addition to the contention that he was innocent of the charge, he also complained that the dismissal was contrary to the government of india act, 1919 inasmuch as it was not preceded by enquiry prescribed by rule 14, civil service classification rules, made thereunder. it was on these facts and circumstances .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1960P& H407
..... article 227 of the constitution. it may be noticed that by this article the position which existed under section 107 of the government of india act, 1915, has been restored and the bar placed by the government of india act, 1935, on the power of the high courts has been removed. in a fit and proper case, therefore, the high ..... readily be accepted.but where the public interest is only confined to the so-called administrative policy of the executive authorities functioning under a system of representative government and removable officials, to keep their decisions secret and confidential, then it must clearly and constantly be borne in mind that the requirement of due administration ..... this advice. after describing the views of the commission to be advisory in character, which may or may not be acted upon, it is also stated that the disclosure would not only be against government policy and the effective control of services but will serve as a check upon the freedom of expression of views by .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1952P& H368
..... wing, on the 28th march 1949 in which 'inter alia' it was said: 'the executive engineer had no authority to sign the contract under section 175(3) of the government of india act and he had not signed it but had merely put his signatures at the foot of each page for the purpose of identity leaving the body of the document to ..... application under section 34 of the arbitration act for stay of proceedings alleging that the union was always ready and willing to do everything necessary for the proper conduct of arbitration ..... is an appeal brought by the union of india against an order passed under section 34 of the indian arbitration act refusing to stay the suit which .was brought by the plaintiff din dayal kapur for the recovery of rs. 14,420/- on the 12th june 1950. 2. on the 25th october 1950, the government pleader on behalf of the union made an .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1969P& H12; [1968]22STC335(P& H)
..... the argument, this objection interprets section 292 not merely as enacting that the law in force in british india immediately before the commencement of part iii, constitution act, shall continue in force notwithstanding the repeal of the earlier government of india act, but as also fixing a time-limit up to which the operation of such law should not be ..... disturbed by anything contained in any enactment that may come to be passed by any of the legislatures in british india. it was conceded before us and it was ..... it in the old punjab minus the territory of old punjab which is now the state of haryana. and (4) that the central act (central sales tax act, 1956) is ultra vires the constitution of india. reliance is placed upon the decision of the madras high court in larsen and tourbro ltd. v. joint commercial tax officer (1967) .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1988P& H281
..... 1935, and the constitution of india, 1950, the subject of co-operative societies became an exclusive state subject. the co-operative societies act, 1912, therefore, became by its ~ nature law relating to the state list in the ..... act, 1912, was a central act only in the sense that it was enacted by a central legislature. in 1912, however, there was legislative dyarchy but no federal distribution of legislative powers. this was why even the provincial legislature could make a law on the same subject. but after the passing of the government of india act, ..... the province of delhi or any part thereof any enactment which is in force many part of british india of the date of such notification. 2. ajmer-merwara (extension of laws) act, 1947. section 2 : the central government may; by notification in the official gazette, extend to the province of ajmer merwara with such restrictions .....
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