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to naval officers merely on the basis of their having attained a substantive rank, as contemplated under the repealed section, did not comply with the obligations under the international convention on the standards of training, certification and watch keeping for seafarers,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the officer might be entitled to a service certificate by reason of a vested 'right under sub-section' (2) of the repealed section 80 of thesaid act, the service certificate would actually be delivered to him only hehad completed the work experience .....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. .....
Tag this Judgment!Court : Mumbai
Reported in : (1981)83BOMLR75; 1981MhLJ93
..... assuming for a moment that this power of superintendence under section 107 was repealed and re-enacted with modifications by section 224 of the government of india act, 1935, then by reason of the combined operation of section 38(1) of the interpretation act, 1889, and section 8 of the general clauses act, 1897, the words 'the power of superintendence under the provisions of section 224 of the government of india act, 1935', were to be read into clause 1.5 for the words 'the power of superintendence under the provisions of section 107 of the government of india act', by the same process of interpretation or on the ..... , by courts, sessions, form of judicature, and manner of proceedings therein, like unto those established and used in this our realm of england, although in these presents express mention be not made thereof, and by judges and other officers by the company, or by the chief governor or governors of the said port and island of bombay, to be delegated to award process, hold pleas, judge and determine all actions, suits, and causes whatsoever, of any kind ..... constitution of the legislature; its powers and the privileges of its members; if there are two chambers, the relations between them; the status of ministers and the position of the civil servants who act under them; the armed forces and the power to control them; the relations between the central government and local authorities; treaty-making power; citizenship; the raising and spending of public money; the general .....
Tag this Judgment!Court : Mumbai
Reported in : (1947)49BOMLR591
..... required by sub-section (4) of section one hundred and two of the government of india act, 1935, except to the extent to which the said legislature would not, but for the issue of that proclamation, have been competent to make it, and accordingly, in the said sub-section (4) for the words 'shall cease to have effect' there shall be substituted the words' shall, to the extent of the incompeteney, cease to have effect.24. ..... on the happening of which an ordinance can be promulgated is separate and distinct from and must not be confused with the emergency which occasioned the passing of the act, and the clear effect of the words of the act on section 72 is that ordinances promulgated under that sub-section during the period specified in section 3 of the act are subject to no time limit as regards their existence and validity, unless imposed by the ordinances themselves, or other amending or repealing legislation, whether by ordinance or otherwise. ..... the express insertion of these saving clauses was no doubt due to a belated realisation that the provisions of section 6 of the general clauses act (x of 1897) apply only to repealed statutes and not to expiring statutes, and that the general rule in regard to the expiration of a temporary statute is that 'unless it contains some special provision to the contrary, after a temporary act has expired, no proceedings can be taken upon it and it ceases to have any further effect. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1951Bom440; (1951)53BOMLR621; ILR1952Bom378
..... the court there was dealing with section 226, government of india act, which excludes the jurisdiction of the original side of the high court in revenue matters, and that section provides that until otherwise provided by the act of the appropriate legislature, no high court shall have any original jurisdiction in any matter concerning the revenue or concerning any act ordered or done in the collection thereof according to the usage and practice of the country ..... or the law for the time being in force; and what was held by the division bench, following a long line of authorities of the privy council, is that even though a revenue officer may act contrary to the law, if his action is based upon an erroneous view of what the law is and that view is arrived at bone fide, then his action cannot be challenged on the original side of ..... . xxvii of 1949 and in repealing the ordinance it provided: 'the repeal by this act of the administration of evacuee property ordinance 1949 (xxvii [27] of 1949) shall not affect the previous operation thereof, and subject thereto, anything done or any action taken in the exercise of any power conferred by or under that ordinance shall be deemed to have been done or taken in the exercise of the powers conferred by or under this act, as if this act were in force on ..... upon the courts are under the constitution, i hope it will never be suggested that the courts constitute a third chamber, and it can exercise a power of veto upon the legislature .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1928Bom5; (1927)29BOMLR1551
..... the powers thereby conferred on the suddur dewanny adawlat were transferred to this court by section 9 of the high courts act, 1861, and they continue still in force by virtue of section 106 of the government of india act.20. ..... then as regards the government of india act, 1915, in addition to section 106 which mr. ..... ' this regulation was repealed by act xii of 1873, but there is an express section which provides that it was not, amongst other things, to affect any established jurisdiction etc.17 ..... justice coyajee referred to, i may mention section 130 which provides that the repeal was not to affect 'the validity of any law, charter, letters patent,...rule...order, regulation,...under any enactment hereby repealed and in force at the commencement of this act. ..... ' that act repeals, for instance, the indian high courts act, 1861, and the indian high courts act, 1865.22 ..... justice hay ward considered this regulation and staled the para i have just referred to in the repealing act, viz., (p. ..... though the regulation on this point is repealed, this court still retains the power under the statutes, which the sadar devanni adawlat had under the said repealed clause.21. ..... 94):-it follows, i think, that the jurisdiction established in the sadar diwanee adalut in 1827 and in the high court in 1861 was not affected by the repeal of the regulation in 1873.19. ..... notwithstanding that the same respectively may have been in any manner affirmed, recognized or derived, by, in, or from any enactment hereby repealed.18. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1953Bom260; (1953)55BOMLR170; ILR1953Bom680
..... (15) now, on the point whether the application of these debtors which was filed under the act of 1939 and was pending before the board when that act was repealed and was transferred to the court set up under the act of 1947 would be governed by section 45 of the act of 1939 or by section 24 of the act of 1947, the provisions which help us to decide the point are to be found in proviso (a) to sub-section (2) of section 56, bombay agricultural debtors belief act 28 of 1947. ..... in this civil revision application is whether an application for the adjustment of his debts which was made by a debtor under section 17(1), bombay agricultural debtors relief act 28 of 1939 and which was pending before the board when that act was repealed and which, upon the coming into force of the bombay agricultural debtors relief act 28 of 1947 was transferred to a court under the latter act, is to be governed by the provisions of section 45 of the old act of 1939 or by the provisions of section 24 of the new act of 1947. ..... 'now, it would be difficult to hold that what the legislature intended while framing sub-section (3) of section 19 01 the act of 1947 was that the provisions of the now act were to apply only partially, that is that the procedural part only of the new act was to apply and that the substantive law which was to govern such suits, appeals, applications & proceedings was the law contained in the repealed act of 1939. .....
Tag this Judgment!Court : Mumbai
Reported in : (1985)87BOMLR246; 1986MhLJ441
..... taken (including any orders, notifications or rules made or issued) by the central government or by any officer or authority to whom powers in this behalf have been delegated by that government, in exercise of the powers conferred by or under chapter vi of the defence of india act, 1962, shall, in so far as it is not inconsistent with the provisions of this act, be deemed to have been done or taken in the exercise of the powers conferred by or under this act as if this section was in force on the date on which such thing was done or action ..... in view of sub-section (2) of section 25, the defence of india act ceases to operate on and from january 10, 1968, except in so far as it is saved by sub-section (/) of section 25, and section 6 of the general clauses act, 1897, is made applicable upon such cessation as a repeal of the defence of india act by the requisition act. ..... by virtue of the fiction created by sub-section (1) of section 25, from january 10, 1968 onwards the lands requisitioned under the defence of india act became lands requisitioned under the requisition act, in our view, once this fiction is created by the repealing act, for all purposes the provisions of the repealing act would apply including the remedies provided under the act. .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(5)BomCR746
..... in our opinion, even assuming that there is no specific provision made in the repeal act as contended on behalf of the state government, in our opinion, looking to the scheme of the repeal act it can be said that the title will revert back to the land owner on coming into force the repeal act because it is implicit in the scheme of the repeal act that the title of the lands of which possession is not taken though declaration under sub-section (3) of section 10 of the principal act is made, should revert back to the owner. ..... it was one of the submission made on behalf of the government that because there is no specific provision made in the repeal act that the title of the state government in the lands which are vested in the state government because of declaration made under sub-section (3) of section 10 of the act will not revert back to the owner as a consequence of repeal act and the state government will continue to have title to the lands. ..... the effect of passing of resolution under clause 1 of article 252 of the constitution of india is that the parliament which has no power to legislate with respect to the matter which is subject-matter of the resolution becomes entitled to legislate with respect to it. ..... the commercial tax officer, bhavanipore and ors. .....
Tag this Judgment!Court : Mumbai
Reported in : (1944)46BOMLR54
..... section 72 in the ninth schedule of the government of india act, 1935, which authorises the governor general, in cases of emergency, to promulgate ordinances for the peace and good government of india, the governor general alone is the sole judge of whether a state of emergency exists and whether the ordinance conduces to the peace and good government of british india as contemplated by the section ..... government or any officer to find out whether certain persons had committed certain illegal acts and might have issued an order as to how they should be dealt with even without a formal trial; if such a course was deemed by him to be ne- cessary in the interests of peace and good government of india ..... government of india act, 1915, have repealed acts ..... has not validated the convictions by the special courts, but has only ordered the sentences to be given effect to on the strength of the conclusions arrived at by specially appointed officers in what have now proved to be non-judicial inquiries, and it was open to the governor general to act upon the result of those inquiries to make up his mind as to what was necessary for the peace and good government of british india. ..... in 1930 the governor general promulgated an ordinance called the sholapur martial law ordinance (iv of 1930), section 11 of which validated sentences passed ' by any officer acting in the exercise of military control for the purpose of providing for the public safety or the restoration or maintenance of order as if .....
Tag this Judgment!Court : Mumbai
Reported in : (1979)81BOMLR234
..... section 2 of this act exempted from the operation of the act any building belonging to or vested in the state government or the government of india ..... if any provision which was originally applicable to any particular area is repealed or ceases to be in force in any area pursuant to a notification issued by the state government under section 2(4) then, the provisions of section 7 of the general clauses act must come into play. ..... section 7 of the bombay general clauses act reads as under:where this act, or any bombay act or maharashtra act, made after the commencement of this act, repeals any enactment hitherto made or hereafter to be made, then, unless a different intention appears, the repeal shall not-(a) revive anything not in force or existing at the time at which the repeal takes effect; or(b) affect the previous operation of any enactment so repealed or anything duly done or suffered thereunder; or(c) affect any right, privilege, obligation or ..... liability acquired, accrued or incurred under any enactment so repealed; or(d) affect any penalty, forfeiture or punishment incurred in respect of any offence committed against any enactment so repealed; or(c) affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid, and any such investigation, legal proceeding or remedy may be instituted, continued .....
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