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 Cases Phrase: government of india act 1935 repealed section 240 tenure of office of persons employed in civil capacities in india Page 5 of about 59 results (0.196 seconds)

J.K. Gas Plant Manufacturing Co. Ltd. Vs. Emperor

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, ..... prosecution could not validly be launched against him after the regulation on which it was based had expired.regulation 2a provided:- (1) if, with intent to assist the enemy, any person does any act which is likely to assist the enemy...then...he shall be guilty of an offence against this regulation and shall, on conviction or indictment, be liable to penal servitude for life ..... 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due to a belated realisation that the provisions of section 6 of the general clauses act (x of 1897) apply only to repealed statutes and not to expiring statutes, and that the general rule in regard to the expiration of a temporary statute is that 'unless it contains some special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 ..... 1946 for an alleged contravention of clause 12(1) of the cotton cloth and yarn (control) order, 1945, read with the government of india, department of industries and civil supplies notification no. ..... air1937bom449 , the employee was never employed in the name of the secretary of .....

Gone Rajasimha Rao and ors. Vs. the State of Andhra Pradesh and ors.

Court : Andhra Pradesh

Reported in : AIR1973AP236

..... our attention has been drawn to the provisions of section 92(2) of the government of india act, 1935 wherein the governor was empowered to make regulations for the peace and good government for scheduled areas. ..... than one year immediately before the notified date and have been properly included in his holding or ought to have been properly included in his holding which are not lands in respect of which any other person is entitled to a ryotwari patta under this regulation : provided that no ryot who is not a member of the scheduled tribe shall be entitled to a ryotwari patta in respect of any agricultural land unless : (a) such ryot has been in lawful ..... reading of the first three sub-paras of the 5th paragraph of the fifth schedule clearly shows that the power vested in the governor to make regulations is very wide, not only for the application of acts of parliament or of the legislature of a state, but further empowers him to repeal or amend any act of a parliament or of the legislature of a state or any existing law or make regulations, under sub-paragraph 2 of the said paragraph. ..... officer, : [1968]68itr244(sc) , their lordships of the supreme court were considering the provisions of taxation laws ( extension to union territories ) regulation ( 3 of 1963 ), made by the president under article 240 of the constitution of india, empowers the president to make regulations for the peace, progress and good government of the union territory, mentioned in clause (1) of the said article .....

New Delhi Municipal Council Vs. Motor Industries Co. Ltd.

Court : Delhi

Reported in : 1997IIAD(Delhi)88; 65(1996)DLT257; 1997(40)DRJ738

..... the appeal was filed under section 84 of the same act which provides as under :- '84.appeals against taxation (1) an appeal against the assessment or levy of any or against the refusal to refund any tax under this act shall lie to the deputy commissioner or to such other officer as may be empowered by the [state] government in this behalf : provided that, when the [deputy commissioner] or such other officer as aforesaid is, or was when the tax was ..... :- (a)a chairperson, from amongst the officers, of the central government or the government, of or above the rank of joint secretary to the government of india to be appointed by the central government in consultation with the chief minister of delhi; (b)three members of legislative assembly of delhi representing constituencies which comprise wholly or partly the new delhi area; (c)five members from amongst the officers of the central government or the government or their undertakings, to be nominated by the central government; and (d)two members to be ..... three things are to be pertinently noted : '(i)that inspire of the ndmc act, 1994 having repealed the punjab municipal act, 1911, there is no specific provision transferring the pending appeals to the district judges or providing for pending appeals to be dealt with according to the provisions of new act; (ii) that the provision as to deposit of the impugned demand as contained in section 116 of the new act has not been expressly made applicable to the pending appeals so as to .....

Abdul Majid Haji Mahomed Vs. P.R. Nayak

Court : Mumbai

Reported in : AIR1951Bom440; (1951)53BOMLR621; ILR1952Bom378

..... 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 ..... personally or as a trustee or as a beneficiary or in any other capacity), and includes any property--(1) which has been obtained by any person from an evacuee after 14th august 1947, by any mode of transfer, unless such transfer has been confirmed by the custodian, or (2) belonging to any person who, after the commencement of this ordinance, does any of the acts specified in clause (e) of section 2, or in which any such person ..... officer may be without jurisdiction in being contrary to law, still that act cannot be challenged in a civil court by reason of section ..... 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 ..... all persons in particular villages from engaging in the manufacture of bidis the legislature had prevented old women and children who could never be .....

The Bihar Agriculture Marketing Board Employees Association Through It ...

Court : Patna

..... section 107 of the government of india act, 1935, a precursor of article 254 of the constitution which provided that if any provision of a provincial law is repugnant to any provision of a federal law, which the federal legislature is competent to enact, or to any provision of an existing indian law with respect to one of the matters enumerated in the concurrent legislative list, then, subject to the provisions of section 107, the federal law, whether passed before or after the provincial law, or, as the case may be, the existing indian ..... in all these writ petitions the constitutional validity of bihar agriculture produce market (repeal) act, 2006, (hereinafter referred to as 'the repeal act of 2006') has been challenged.the petitioners, different in each writ petition, are alleging themselves to represent the interest of the persons employed at bihar agriculture marketing board, market/committees/bazar samities, the agriculturists and the members of the board / the committees/samites.2. ..... it ordains that on and from the date of repeal of the act of 1960, all officers and employees of the board shall remain in employment, as if the act has not been repealed and they shall continue to be paid same salary and allowances as were payable on the date of repeal of the act of 1960 till such time state government has taken such final decision as is provided thereafter. .....

Union of India (Uoi) (Owning and Representing the Central and Western ...

Court : Madhya Pradesh

Reported in : AIR1958MP425

..... 39 of 1944 confer the power upon the central government to provide by rules the manner in which the duty imposed by the ordinance was to be collected and the persons who should be liable to make the payment.considering the fact that this ordinance was made by the governor-general in exercise of his powers under section 72 of the ninth schedule to the government of india act, 1935, for the peace and good government of the country, we must hold that all, and plenary, powers of ..... 45 in list i of the seventh schedule to the government of india act, 1935, placed an excise duty on 'goods* manufactured or produced in india and not upon any individual person.that being so, the duty was levied on coal which was transported by railway at the rate ..... were in transit in the hands of the carrier on 1-5-1947 it could not be said that the amount of the surcharge could not be recovered at the delivery and from the consignee because the ordinance had been repealed on 1-5-1947.the same reasoning must hold good in respect of those cases in which the recovery ought to have been made but through neglect or mistake it remained to be made. ..... do not, however, express any opinion as to the effect the constitutional changes will have upon the array ofparties in a civil suit; but the request which has been made and which was not opposed is proper, and we allow it. ..... , an inhabitant of indore, and the amalgamated coal fields limited, a corporation with its head office at parasia, tahsil and district chhindwara. .....

G. Krishnaswami Aiyar, High Court Vakil and anr. Vs. T.V. Swaminatha A ...

Court : Chennai

Reported in : AIR1925Mad385; (1925)48MLJ36

..... it cannot be said that in passing a general act like the legal practitioners act, the rights and privileges enjoyed by a particular class of persons under a special enactment which established a particular court were taken away and that the legislature intended to alter the existing state of things and intended to repeal section 3 of 11 and 12 vict., ch. 21. ..... the supreme court of madras was established by a royal charter in 1800 by virtue of the government of india act of 1800. ..... second point--_before the crown took over the government of india, the supreme court or the king's court exercised jurisdiction within the limits of the madras city, and the east india company's courts called sudder adalat and fouzdari adalat exercised appellate jurisdiction, civil and criminal, over the territories of the east india company in the presidency of madras. ..... then in 1879 the government of india passed the legal practitioners act under' which in general terms high court vakils on the rolls of any of the high courts are accorded the right of practice in all the courts in british india except the high court on the rolls of which they are not so enrolled. ..... the words 'as such' denote that his claim to practise must be in his capacity as an enrolled vakil ordinarily practising in the court where he is enrolled. ..... the provisions of law for the high court making rules, appointing officers, etc. .....

Union of India (Uoi) and ors. Vs. Gwalior Rayon Silk Manufacturing (We ...

Court : Supreme Court of India

Reported in : AIR1964SC1903; [1964(9)FLR124]; [1964]53ITR466(SC); [1964]7SCR892

..... of the government of india act, 1935, ..... between the center and part b states with respect to levy collection or distribution of public revenues which are leviable by the government of india and has nothing to do with any contract between a former indian state and another person with respect to such revenues which may have become the obligation of the government of india under art ..... mentioned that there was no law as to income-tax in gwalior state at the time and all that this sentence could mean in the circumstances was that the ruler was telling his officers that they might assure birla brothers limited that he would not subject them to income-tax for 12 years, even if a law as to income-tax came to be passed ..... the liabilities and obligations of any indian state corresponding to a state specified in part b of the first schedule to the constitution shall in the circumstances mentioned therein be the liabilities and obligations of the government of india, it only means that for the purposes of the rights and liabilities arising for example out of an agreement between the previous indian state and any other person, the government of india will in the circumstances mentioned in art ..... in the said state shall continue to remain in force until repealed or amended under the provisions of the next succeeding section, and shall be construed as if references in them to the ruler or government of the state were references to the raj pramukh or the government of the united state respectively'. .....

Ajanta Exhibitors Vs. State of Gujarat and ors.

Court : Gujarat

Reported in : (1992)1GLR136

..... 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 ..... notification, order, scheme, rule, by-laws or form, if it is made after the commencement of this act, shall, unless there is anything repugnant in the subject or context, have the same respective meanings as in the act conferring the power.apart from the fact that section 7 applies to any bombay act or gujarat act repealing any enactment made earlier and not to any notification issued by the government, we are of the view that subsequent notification dated 1-4-1976 does not affect any ..... contended by the defendants that the tenancy rights which were acquired by them under the act and had vested in them could not be taken away by a notification issued under clause (d) of sub-section (1) of section 88 of the act and therefore civil court would not have jurisdiction to try and decide the suit. ..... single judge held that the notification empowering the tahsildar to exercise power of a tax recovery officer under the act with retrospective effect was invalid. ..... the honourable supreme court of india held that by issuing notification in exercise of powers conferred under section 2(44)(ii), the state government could not invest the tahsildar with the powers of a tax recovery officer with effect from a date prior to the date of the .....

The Bombay Steam Navigation Co. Ltd. Vs. Vasudev Baburao Kamat

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. ..... we think, therefore, it is open to us to act under regulation ii of 1827, whether or no section 115 of the civil procedure code applies. ..... i need only refer to the notes to section 115 in mulla's civil procedure code to illustrate what i mean. ..... that sub-section runs: 'it shall also be competent to the said court, to call for the proceedings of any subordinate civil court, and to issue such orders thereon as the case may require. ..... ' that act repeals, for instance, the indian high courts act, 1861, and the indian high courts act, 1865.22. ..... if the appellant can only rely on section 115 of the civil procedure code, then, having regard to certain decisions of the privy council on the point and to various other decisions, many of which are difficult to reconcile either with the privy council decision or as between themselves, it might .....