Judgment Search Results Home > Cases Phrase: government of india act 1935 repealed section 240 tenure of office of persons employed in civil capacities in india Page 1 of about 59 results (0.246 seconds)

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. ..... july, 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 ..... ] 3 s.c.r.786 at page 799 of the report held first, that on the law as it stood upto 1952 before section 23a of the foreign exchange regulation act was inserted, importation of gold in contravention of the notification of august, 1948 issued under section 8(1) of the foreign exchange regulation act would have been an importation contrary to section 19 of the sea customs act, with the result that any person concerned in the act of importation would have been liable to the penalties specified in the third column .....

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 section 321 of the government of india act, 1935, repealed the earlier government of india act, 1915, but section 292 thereof saved the existing law by providing:'notwithstanding the repeal by this act ot the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immediately before the commencement of part iii of this act shall continue in force in british india until altered or repealed or amended by a competent legislature or other competent authority. ..... , notification, 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order, regulation, direction or contract made, or form prescribed, or table settled under any enactment hereby repealed and in force at the commencement of this act, or(b) the validity of any appointment, or any grant or appropriation of money or property made under any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 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 ..... that, in the absence of any indication to the contrary, no such character can be attributed to one section of the act which is not conceded to all; and that if sections 15 and 16 (relating to the tenure of office of the judges) are to be construed as the respondents desire, the same character must be conceded to section 56, which provides that in proceedings for printing any extract from a paper it may be ..... of speech of persons ..... man is above the law, the second, that those who govern great britain do so in a representative capacity and are subject to change but "an immortal government tends to be an immoral government"; the third, freedom of speech or thought and assembly are essential part of any constitution which provides that people govern themselves because without them self-government becomes impossible; and the fourth, which is a ..... maintained the integrity of the territory of the republic and its sovereign rights on land, sea, and air according to justice and the law of civilized nations, and(8) this ancient land attains its rightful and honoured place in the world and makes its full and willing contribution to the promotion of world peace ..... (4), 200, 201, 204(2), 207(1), (2), 240(2), 274(1), 304(b) and 349. .....

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

..... in view of these objectives, which are 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. ..... in order to test the fitness, the chief of naval staff had issued navy orders which prescribe certain work experience and unless a person had qualified by attaining the requisite rank and had the requisite work experience on the date of his application, the central government was justified in refusing such certificate under sub-section (5) of section 80 of the repealed act also.15. ..... the limited role that was left to the central government under sub-section (5) of section 80 of the said act was that if the person was found 'unfit' to hold such certificate, the central government could refuse to grant or deliver such certificate, but that was not a condition precedent for entitlement to such certificate. .....

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

..... personal hearing and rejected the petitioner's contention that section 12(1) of the tnsez act provide exemption from levy of tax on sale or purchase of goods under tngst act which enactment was repealed with effect from 01.01.2007 and thereafter, the levy of tax on the sale or purchase of goods is governed by the tnvat act ..... , 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 sez or develop ..... or 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 establishments within ..... the 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 carry .....

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 ..... 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 ..... as far as the right to vote is concerned, the 1950 act is applicable to civil appeal no.2202 of 2012 page 19 of 21 the scheduled area and therefore, the appellant cannot contend that only a person belonging to scheduled tribe can cast a vote in elections of the constituencies in the scheduled ..... the generality of the foregoing power, such regulations may (a) prohibit or restrict the transfer of land by or among members of the scheduled tribes in such area; (b) regulate the allotment of land to members of the scheduled tribes in such area; civil appeal no.2202 of 2012 page 6 of 21 (c) regulate the carrying on of business as money lender by persons who lend money to members of the scheduled tribes in such area. .....

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 the training purposes of the importer and recommends ..... he imported shooting gears availing the concession accorded by the government india and for the sake of battering his shooting skills. ..... imported goods) rules, 1988; (ii) why the fire arms described in this show cause notice should not be confiscated under section 3(3) of the foreign trade (development and regulation) act, 1992 read with section 10 of the arms act, 1959 and section 111(d) of the customs act, 1962; and (iii) why penalty should not be imposed on him under section 112 of the customs act, 1962 for having rendered the goods liable for confiscation under ..... 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 ..... the appellant aggrieved by the levy of 240% duty instead of concessional rate of duty at ..... collector of customs who ruled that the statutory baggage rules did permit import of fire arms as baggage, directed the release of the said guns and ammunition against levy of 240% of duty. .....

Sarbananda Sonowal Vs. Union of India (Uoi) and anr.

Court : Supreme Court of India

Reported in : AIR2005SC2920; JT2005(6)SC79; (2005)5SCC665

..... . however, section 4 of the imdt act has stripped the central government of its power of removal of such person from india and also the power of arrest of such person without warrant possessed by a police officer of the rank of sub-inspector or above.42 ..... a meeting was again held on 18th march, 1999 between the representatives of the government of india and government of assam and also of all assam students' union, wherein it was assured that the repeal of the imdt act was under active consideration of the central government and measures would be taken to identify foreigners and steps will be taken to seal the border. ..... the union home minister in a meeting held on 11th august, 1997, wherein the petitioner was also present in his capacity as president of the aasu, stated that the results achieved were extremely poor. ..... the international law commission defined the term 'aggression' as any act of aggression including the employment of armed forces by a state against another state for any purpose other than national or collective self-defense or any decision by a competent organ of the united nations. ..... clause 4 provides that the tribunal shall have the powers of a civil court while trying a suit under the code of civil procedure in respect of summoning and enforcing the attendance of any person and examining him on oath, requiring the discovery and production of any document and issuing commissions for the examination of any witness. 16. .....

Shankaragouda Vs. Sirur Veerabhadrappa

Court : Karnataka

Reported in : AIR1963Mys81; ILR1960KAR766

..... ., belgaum which, before integration formed part of the bombay state.it was contended on behalf of the petitioners that the mysore government should have appointed an authority or an officer or a person for the purpose of exercising the functions mentioned in sub-section (2) of section 22 of the bombay district municipal act of 1901 and the notifications issued by the bombay government would not be of any force whatsoever ..... . the preamble to that act reads:-'whereas it is expedient to repeal and re-enact with modifications the hydera-preamble.bad legislative assembly (prevention of disqualification) act, 1951 with a view to declare that certain offices of profit under the government of india or the government of any state should not, under certain conditions, disqualify, or be deemed to have disqualified the holders thereof for being chosen as, or for being, members of the hyderabad legislative assembly;' 52 ..... these two decisions cannot be of any help to the appellant, as they deal with the question of the applicability of order 41, rule 22 of the civil procedure code, to an appeal by special leave granted under article 136 of the constitution. ..... 58/- as the expenditure incurred by him on account of the bicycles employed during his election. .....