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In Re: Swami Arunagirinathar

Court : Chennai

Reported in : AIR1939Mad21; (1938)2MLJ863

..... the legal arguments were confined to these: (1) the criminal law amendment act, 1932, was no longer in force, it having been repealed by act xx of 1937, known as the repealing and amending act, 1937; (2) the criminal law amendment act, 1935, was invalid because the governor-general had not taken the steps contemplated by the first clause of sub-section 2 of section 67-b of the government of india act; (3) the extension of the criminal law amendment act, 1932, to the province of madras had not been properly notified and ..... section 67-b of the government of india act, 1919, had provided that if either chamber of the indian legislature failed to pass a bill in a form recommended by the governor-general, he might certify that the passage of the bill was essential for the safety, tranquillity or interests of british india and the bill if it had already been passed by the other chamber, would when signed by him become an act of the indian legislature ..... thereof, or any release or discharge of or from 'any debt, penalty, obligation, liability, claim or demand or any indemnity already granted, or the proof of any past act or thing; nor shall this act affect any principle or rule of law, or established jurisdiction, form or course of pleading, practice or procedure, or existing usage, custom, privilege, restriction, exemption, office or appointment, notwithstanding that the same respectively may have been in any manner affirmed, recognised ,or, derived by, in or from any enactment hereby .....

Tulsi Charan Goswami Vs. M. Azizul Huque

Court : Kolkata

Reported in : AIR1938Cal163

..... 3 of that schedule : provided that : (a) nothing in this section shall affect the preamble to the government of india act, 1919; (b) without prejudice to any other provisions of this act, to the provisions of the government of burma act, 1935, and to the provisions of the interpretation act, 1889, relating to the effect of repeals, this repeal shall not affect any appointment made under any enactment so repealed to any office, and any such appointment shall have effect as if it were an appointment to the corresponding office under this act or the government of burma act, 1935.9. ..... with regard to the provincial legislature, section 60 provides that there shall be for every province a provincial legislature, which shall consist of his majesty represented by the governor, and in the province of bengal two chambers. ..... section 62 provides that the chamber or chambers of each provincial legislature shall be summoned to meet once at least in every year, and gives power to the governor from time to time to summon the chambers or either chamber to meet at such time and place as he thinks fit. .....

Ram Kirpal Bhagat and ors. Vs. the State of Bihar

Court : Supreme Court of India

Reported in : AIR1970SC951; 1971(0)BLJR689; 1970CriLJ875; (1969)3SCC471; [1970]3SCR233

..... this contention is utterly devoid of any substance because section 92 of the government of india act, 1935 ceased to exist after repeal of the government of india act, 1935 by article 395 of the constitution. ..... the central government hereby appoints all the land customs officers who have been appointed or may be appointed from time to time to be such under sub-section (1) of section 3 of the land customs act, 1924 (xix of 1924) to be officers of customs for their respective jurisdiction and to exercise the powers conferred and to perform the duties imposed on such officers by the first named act'. ..... , 1951 as subsequently amended, the central board of revenue hereby appoints all deputy collectors, assistant collectors, headquarters assistant collectors, superintendents, deputy superintendents, inspectors, nakedars, supervisors, range officers, assistant range officers, women searchers, jemadars, petty officers, amaldas, sepoys and peons, including all the officers of central excise employed for the time being on the central excise or customs preventive intelligence work and attached to the headquarters and the circle and divisional .....

Mohan Agarwal Vs. Union of India (Uoi) and ors.

Court : Allahabad

Reported in : AIR1979All170

..... section 321 of the government of india act, 1935, repealed the earlier government of india act, 1915, but section 292 thereof saved the existing law by providing:'notwithstanding the repeal by this act ot the government of india act, but subject to the other provisions of this act, all the law in force in british india immediately before the commencement of part iii of this act shall continue in force in british india until altered or repealed or amended by a competent legislature or other competent authority. ..... , rule, resolution, order, regulation, direction or contract made, or form prescribed, or table settled under any enactment hereby repealed and in force at the commencement of this act, or(b) the validity of any appointment, or any grant or appropriation of money or property made under any enactment hereby repealed, or(c) the tenure of office, conditions of service, terms of remuneration or right to pension of any officer appointed before the commencement of this act.........................................................in the fourth schedule occurs the following entry:'session & chaptershort titleextent of repeal3 & 4 will 4, c. .....

Kesavananda Bharati Sripadagalvaru and ors.Vs. State of Kerala and anr ...

Court : Supreme Court of India

Reported in : AIR1973SC1461; (1973)4SCC225; [1973]SuppSCR1

..... the constituent assembly passed the government of india (third amendment) act, 1949, which substituted a new section 291 in the government of india act, 1935 giving to the governor general the power to make such amendments as he considered necessary, whether by way of "addition, modification or repeal" in ..... state legislatures, erected a federal structure and distributed legislative power between parliament and the state legislatures; recognised certain rights as fundamental and provided for their enforcement, prescribed forms of oaths of office or affirmations which require those who subscribe to them to owe true allegiance to the constitution and further require the members of the union judiciary and of the higher judiciary in the states, ..... the judicial committee first raised the question : "could that bill, a repealing bill, after its passage through both chambers, be lawfully presented for the royal assent without having first received the approval ..... the governor-general to amend certain provisions of the act and orders made thereunder-(1) the governor-general may at any time by order make such amendments as he considers necessary whether by way of addition, modification or repeal, in the provisions of this act or of any order made thereunder in relation to any provincial legislature with respect to any of the following matters, that is to say-(a) the composition of the chamber or chambers of the legislature;(b) the delimitation of territorial constituencies for .....

Cdr. Anil Prabhakar Koshti and Others Vs. Union of India and Another

Court : Mumbai

Reported in : 2000(1)ALLMR146; 2000(1)BomCR781; 2000(2)MhLj198

..... sought to be achieved by the parliament, it is contended by the additional solicitor general that issuance of service certificates to naval officers merely on the basis of their having attained a substantive rank, as contemplated under the repealed section, did not comply with the obligations under the international convention on the standards of training, certification and watch keeping for seafarers, which was adopted in 1978, which convention the government of india had ratified on 16th november 1984. ..... urged as the objective for repealing section 80 of the act, has already held that sub-section (1) of section 80 vested a right in naval officers who had attained the prescribed rank for getting a service certificate and the repeal of section 80 could not defeat such ..... that is why sub-clause (iii) of clause 7 provides that though the officer might be entitled to a service certificate by reason of a vested 'right under sub-section' (2) of the repealed section 80 of thesaid act, the service certificate would actually be delivered to him only hehad completed the work experience ..... enhance the same that there was no question of filing an application for getting the certificate and that the subsequent procedure prescribed to get delivery of the certificate under section 80(5) or (6) had been deleted by the amending act, 1987, but the right itself had not been annulled; that the right continued to be in existence and the certificate could be obtained by filing an application. .....

The State of Uttar Pradesh Vs. Seth Jagamander Das and ors.

Court : Supreme Court of India

Reported in : AIR1954SC683

..... the high court also took the view that under section 102(4) of the government of india act, 1935 the prosecution of the respondents for the offences committed by them could possibly have been continued after the 5th january 1948, but that after the repeal of the government of india act on the 26th of january 1950 by article 395 of the constitution it could no longer be continued as section 6 of the general clauses act had no application to the repeal of the government of india act, 1935, by the constitution. ..... april 1950 the respondents made an application before the trial magistrate for quashing the proceedings commenced on the 16th january 1950 on the ground that the trial could not be continued because the defence of india act and the rules framed thereunder had expired and because the government of india act, 1935 had also been repealed by the constitution. ..... the defence of india act was enacted in exercise of the powers granted under section 102 of the government of india act, 1935. ..... , and as nothing was done in this case before the 5th of january 1948 no fresh proceedings could be commenced after that date for violation of the provisions of the defence of india act.section 102(4) of the government of india act, under the provisions of which possibly the prosecution of the respondents for offences committed by them could have been justified and continued, was also repealed by the constitution on the 26th of january 1950 a few days after this prosecution was commenced. .....

Nokia Solutions and Networks India Private Limited, Rep by its Authori ...

Court : Chennai

..... , in a unit located in the madras special economic zones and other sez in the state of tamil nadu notified by the government of india or for development, operation and maintenance of sez by the developer of the sez, if such dealer has been authorised to establish the unit within the ..... repeal of the tngst act and coming into force of the tnvat act, 2006, the government passed an order with regard to the effect of the exemption notifications, which were issued, when tngst act was in force and by referring to section 88 of the tnvat act, it was stated that notification granting exemption already issued under tngst shall continue in force under the tnvat act ..... for use as packing material or packing accessories in an unit located in madras special economic zone, tambaram, chennai and other special economic zones in the state of tamil nadu notified by the government of india or for development, operation and maintenance of special economic zone by the developer of the special economic zone, if such registered dealer has been authorised to establish such unit or such other ..... only reason assigned by the respondent, assessing officer is by referring to section 12(1)(a) of the tnsez act, which reads as follows:- 12(1) subject to the provisions of sub-section (2), every developer or entrepreneur shall be entitled to the following exemptions, namely:- (a) exemption from the levy of taxes on the sale or purchase of goods under the tamil nadu general sales tax act, 1959, if such goods are meant to .....

Adivasis For Social And Human Rights Action Vs. Union Of India

Court : Supreme Court of India

..... sub section (2) of section 92 of the government of india act, 1935 conferred power on the governor to make regulations for the peace and good government of any area in a province which was an excluded or a partially excluded area and any regulations so made might repeal or amend any act of the federal legislature or the provincial legislature or any existing indian law which was for the time being applicable to the area in question. ..... the extent of the civil appeal no.2202 of 2012 page 15 of 21 legislative power of the governor under section 92 of the government of india act, 1935 in making regulations for the peace and good government of any area conferred on the governor in the words of lord halsbury an utmost discretion of enactment for the attainment of the objects pointed to. ..... thus, the reliance placed on sub section (1) of section 92 of the government of india act, 1935 is not at all relevant.11. ..... both the decisions deal with section 92 of the government of india act, 1935, which reads thus: administration of excluded areas and partially excluded areas:92. ..... whereas, sub section (1) of section 92 of the government of india act, 1935 provides that no law of federal or provincial legislature will apply to an excluded civil appeal no.2202 of 2012 page 10 of 21 area unless a notification is issued by the hon ble governor issuing a specific direction to that effect. ..... by virtue of article 395, the government of india act, 1935 has been repealed. .....

R. Karuppan Vs. R. Namachivayam

Court : Chennai

Reported in : 1998(99)ELT214(Mad)

..... collector of customs from an officer not below the rank of a deputy secretary in the department of youth affairs and sports, ministry of human resource development, government of india indicating - (i) the description, quantity and value of the said goods; (ii) that the importer is a sports person of outstanding eminence; and (iii) that the said goods are essential for ..... he imported shooting gears availing the concession accorded by the government india and for the sake of battering his shooting skills. ..... section 3 of the imports and exports (control) act, 1947, since repealed and replaced by section 5 of the foreign trade (development and regulation) act, 1992, the central government had notified on 31-3-1992, the export and ..... follows : '(a) the said goods are imported into india by a national sports federation, under a certificate issued by the sports authority of india or by the sports authority of 'india for use in a national or international championship on competition, to be held in india or abroad; (b) the importer, at the time of clearance of the goods, produces a certificate to the assistant collector of customs from an officer not below the rank of a director in the sports authority of india indicating, (i) the name and address of the importer ..... shooters as well as gifts of consumer of other goods, which are found in paras 54 and 56 of the hand book of proceedures, volume i for the period 1-4-1992 to 31-3-1997, issued by the ministry of commerce, government of india. .....