Court : Gujarat
Reported in : (1992)1GLR136
..... rural land and not land situated in urban area. repelling the argument of the union of india, it has been held by the honourable supreme court that there is nothing in section 40 of displaced persons (compensation and rehabilitation) act, 1954, from which power of the central government to make retrospective rules may be inferred. it is held that in the absence of ..... anr., reported in 1984 (vol. 55) sales tax cases 162, the government of india, ministry of finance, department of revenue had issued notification dated 18-4-1980 in exercise of power conferred by sub-section (1) of section 25 of the customs act, 1962, exempting aluminium wire rods or aluminium ingots falling within chapter 76 of the first schedule to the customs tariff .....
Tag this Judgment!Court : Gujarat
Reported in : (1966)7GLR597
..... constitution and shall include a regulation made by the president under article 243 thereof and a regulation made by the central government under the government 6t india act, 1870, of the government of india act, 1915, or the government of india act, 1935. mr. shah's contention is that an ordinance issued by the president under article 123 of the constitution is ..... in emperor v. sihnath banerji and ors. their lordships of the privy council made the following observations on the same topic in relation to the government of india act, 1935, which, in our judgment, are apposite and applicable to the conduct of the governmental business under our constitution:the governor need not be ..... 2 (5) is merely supplementary, and affords no ground for excluding the ordinary methods by which the provincial government's executive business is authorised to be carried on by chap. 2 of part 3, government of india act, 1935. matters as those which fell to be dealt with by the governor under rule 26, can be .....
Tag this Judgment!Court : Gujarat
Reported in : (1971)12GLR938
..... and by what authority but that is not material in view of section 96b sub-section (4) of the government of india act, 1915. as already stated section 96b was introduced in the government of india act, 1915 by the government of india act, 1919 and omitting portions immaterial it provided:96b. (1) xxx xxx xxx xxx xxx(2) the secretary of ..... of service were to be found in the covenant and the rules made by the secretary of state. prior to the enactment of the government of india act, 1919, which amended the government of india act, 1915 by introducing section 96b with effect from 23rd december 1919, there were in force certain rules known as the civil service regulations ..... section 96b sub-section (3) and by reason of section 276 of the government of india act, 1935, they continued in force notwithstanding the repeal of the government of india act, 1915 and were deemed to be rules made under section 247 of the government of india act, 1935. the result was that articles 561 and 983 in the form in .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1965Guj112; (1964)GLR705; (1965)ILLJ567Guj
..... further legislation by parliament is in respect of the name matter as that of the state law.' 11. it is thus clear that under s. 107 of the government of india act if a provincial law is repugnant to any federal law which the central legislative is competent to enact or to any existing indian law with respect to the matters ..... .l.r. 472], the question was as to the interpretation of s. 109 of the australian constitution which is to the same effect as s. 107(1) of the government of india act and art. 254(1) of the constitution except that there the word 'inconsistency' instead of the word 'repugnancy' is used. on an information for an offence under s. ..... difficult to appreciate how sri patwari can bring to his aid the decision in zaverbhai case : [1955]1scr799 . secondly, there is nothing in s. 107(2) of the government of india act, 1935, or art. 254(2) of the constitution which would justify the contention that though a state law may have been competently passed, the enactment of an amending .....
Tag this Judgment!Court : Gujarat
Reported in : (1982)2GLR596
..... (i) arrears of rent for a period of more than two months, (ii) subletting of the premises without the permission of the state government or the corporation, (iii) acts of waste materially diminishing the value, or substantially impairing the utility of the premises, and (iv) contravention of express or implied terms of the ..... and void since section 202 of the code stood repealed in light of the repealing section 19 of public premises act which repealed not only the earlier act, namely, the bombay government premises (eviction) act, 1955 but every other corresponding law providing for eviction of occupants from the public premises, and in as much ..... to refer any other provisions except the repealing and saving provision contained in section 19 of the public premises act. section 19 of the said act reads as under:19. the bombay government premises (eviction) act. 1955 and any other corresponding law providing for the eviction of occupants from public premises are hereby repealed:provided .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1986Guj24; (1985)2GLR1
..... art. 254(2) the constitution has enlarged the powers of parliament, and under that proviso, parliament can do what the central legislature could not under s. 107(2), government of india act, and enact a law adding to, amending, varying or repealing a law of the state, when it relates to a matter mentioned in the concurrent list. the position ..... matter including a law adding to, amending, varying or repealing the law so made by the legislature of the state.'art. 254 corresponds to s. 107 of the government of india act, 1935, with this difference that there is no provision in s. 107 corresponding to the proviso in art. 254(2) of the constitution. it is expressly stated ..... . 347 of town planning scheme no. 22 of village vasna. the acquisition is for the telephone exchange building. notification under s. 4 land acquisition act, d/- 10-11-1970 was published in government gazette on 3-12-1970. the two documents available for the purpose of estimating the value of the acquired land are ex. 47 d/- 18 .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1971Guj181
..... regards the administration of evacuee property. thereafter on 25th august, 1949. item 31-b relating to evacuees was added to the concurrent list by the government of india act (third amendment) act of 1949 and thus this constitutional vaccum was filled up. thereafter on october 18, 1949, the governor general promulgated ordinance xxvii of 1949 called ..... in view of the absence of the relevant entry in the lists contained in the seventh schedule of constitution act of 1935, and since this constitutional lacuna was subsequently filled up by the government of india act (third amendment) act of 1949, sub-section (2a) of s. 8 was enacted only with a view to validate the ..... actions taken under the previous invalid acts and ordinances of the states. in support of this contention, shri mehta, also .....
Tag this Judgment!Court : Gujarat
Reported in : (1996)3GLR19
..... valuable rights of the subjects, who seek to invoke the jurisdiction of this court. in other words, the arm of this court under article 226 of the constitution of india is long enough to reach injustice wherever and in whatever form it seeks to subject, precipitate or continue any suffering to any citizen. with this approach and orientation. i ..... such declaration shall state fully the circumstances, the price offered or demanded and, in the case of disposal otherwise than by sale, the method of disposal. thereafter, such government servant shall act in accordance with such orders as may be passed by the commissioner, the head of his department, or ..... by reasons. in support of this contention, mr. shah has placed reliance on : air1976sc1785 , siemens engg. and mfg. co. v. union of india and on : 1990crilj2148a ; s.n. mukherjee v. union of india. it has also been submitted that in this context, the order lacks fairness.(3) that the order has been passed without considering and dealing with the .....
Tag this Judgment!Court : Gujarat
Reported in : (1992)1GLR654
..... heavy reliance on paragraph 7 of the aforesaid judgment which reads as under:(7) this is, in substance, a reproduction of section 107(2) of the government of india act, the concluding portion thereof being incorporated in a proviso with further additions. discussing the nature of the power of the dominion legislature, canada, in relation to ..... 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 of parliament ..... , and under that proviso, parliament can do what the central legislature could not under section 107(2) of the government of india act, and enact a law adding to, amending, varying or repealing a law of the state, when it relates to a matter mentioned in the concurrent list .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1975Guj39
..... or appellate jurisdiction, may be performed by any judge, or, by any division court thereof appointed or constituted for such purpose in pursuance of section 108 of the government of india act. 1915; and if such division court is composed of two or more judges and the judges are divided in opinion as to the decision to be given on any ..... , may be performed by any judge or by any division court thereof, appointed or constituted for such purpose. in pursuance of section one hundred and eight of the government of india act, 1915, and if such division court is composed of two or more judges and the judges are divided in opinion as to the decision to be given on any ..... of appeal to the high court from the judgment of one judge of the high court or 'one judge of any division court pursuant to section 108 of the government of india act'. clause 16 provides for the exercise of appellate jurisdiction by the high court over the courts in the province and is in the following terms:-' and we do .....
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