Court : Chennai
Decided on : Dec-17-1973
Reported in : [1974]97ITR193(Mad)
..... and with a view to bring the administration of pondicherry so as to conform to the pattern of administration obtaining in india, a large body of acts in force in india were extended to pondicherry by the government. the de jure transfer was effected on august 16, 1962.3. in n. masthan sahib v. chief commissioner, ..... in ramaswamy chettiar v. assistant controller of estate duty, : [1973]92itr195(mad) , that the act is extra-territorial in operation and that the courts in india are bound to enforce the same leaving it to the government to justify its action if any of the rules of international law is affected or offended. thus ..... 1956. this treaty of cession envisaged a ratification of the same by the respective governments in order that the de jure transfer may take effect. following the de facto transfer the government of india was administering the territory under the foreign jurisdiction act, 1947, and in accordance with the french establishments (administration) order, 1954, and .....
Tag this Judgment!Court : Chennai
Decided on : Feb-28-1973
Reported in : [1973]91ITR595(Mad)
..... in respect of quality which would compare very favourably with the established makes of foreign products was considered essential. itwas with that object that the government of india set up the indian standards institution in september, 1946, whose functions were :(1) to prepare and promote the general adoption of standards on national ..... gave unprecedented boom for the textile industry (sic) was unable to withstand the international competition which they had to face in foreign markets. the government of india took steps with a view to safeguard the production and export of cotton textiles and, to ensure the efficiency of the cotton textile industry, promulgated ..... the organisation. the pattern of legislation under the textiles committee act, 1963, is that funds are to be provided by the government of india. in addition, fees are collected for specific services rendered. the fees authorised to be levied by the act are specifically fees for inspection of textiles for quality control for .....
Tag this Judgment!Court : Chennai
Decided on : Apr-19-1973
Reported in : (1973)2MLJ212
..... instructions under the proviso to article 213 takes the place of the previous sanction of the governor-general under sections 32 and 75 of the government of india act, 1935. the government of india act, 1935, contains the instrument of instructions to the governor-general and also the governor. the relevant articles in this context are articles 26 and ..... constitution. bearing in mind the practice that had been obtaining in constitutions of the colonies and-dominions of the british wealth, including the constitution under the government of india act, 1935, we think it may be safely assumed that when a bill is reserved by a governor of a state for consideration of the president, ..... v. k. t. chari then contended that articles 254 (2) read with the instrument of instructions, referred to above, as also section 107 of the government of india act, 1935, show that the object of obtaining the president's assent to an enactment is to have a uniform code throughout the country. article 44 which also .....
Tag this Judgment!Court : Chennai
Decided on : Feb-22-1973
Reported in : AIR1974Mad98
..... in its application to the estate. the question arises whether the word 'estate' in section 66 of the abolition act denotes the zamindari consisting of properties which stood transferred to the government under the abolition act and properties which are not so transferred, or whether the expression 'estate' refers to only the venkatagiri estate which ..... which originally were either in the nature of a raj or principality or were feudatory estates held on military service tenure such as the palayams of south india, or royal grants of revenue for services, such as jagirs or saranjams in bombay. so also are impartible those properties which under special family custom ..... 'an estate descendible to a single heir and subject to the other incidents of impartible estates in southern india'. in relation to the venkatagiri zamindari the expression 'estate' in section 3 (a) of the abolition act refers obviously to the venkatagiri estate which till then was subject to the operation of the madras permanent .....
Tag this Judgment!Court : Chennai
Decided on : Feb-22-1973
Reported in : (1973)2MLJ338
..... in its application to the estate. the question arises whether the word 'estate' in section 66 of the abolition act denotes the zamindari consisting of properties which stood transferred to the government under the abolition act and properties which are not so transferred, or whether the expression 'estate' refers to only the venkatagiri estate which ..... which originally were either in the nature of a raj or principality or were feudatory estates held on military service tenure such as the palayams of south india, or royal grants of revenue for services, such as jagirs or saranjams in bombay. so also are impartible those properties which under special family custom ..... 'an estate descendible to a single heir and subject to the other incidents of impartible estates in southern india'. in relation to the venkatagiri zamindari the expression 'estate' in section 3 (a) of the abolition act refers obviously to the venkatagiri estate which till then was subject to the operation of the madras permanent .....
Tag this Judgment!Court : Chennai
Decided on : Jul-19-1973
Reported in : 1974CriLJ261
..... mere fact that the provincial legislature has legislated on any matter in the concurrent list is not enough to attract the mischief of section 107 of the government of india act.... section 1(2) of the criminal procedure code expressly lays down that the provisions of the code would not affect any special form of procedure prescribed by any law ..... than this code for the time being in force, there shall be five classes of criminal courts in india...this juxtaposition of section 1 (2) criminal p. c. and section 6 criminal p. c. taken along with the government of india act, 1919, and the schedules thereto, clearly imply that the state legislature had power to make a ..... criminal p. c.. section 6 criminal p. c. and to the provisions of the government of india act. 1919, (9 and 10 geo 5) and the schedules thereto, which originally governed the power of a state legislature to enact a measure like the madras children act (act iv of 1920). it is important to note that under section 1 (2) criminal p .....
Tag this Judgment!Court : Chennai
Decided on : Jul-19-1973
Reported in : (1974)1MLJ105
..... that the provincial legislature has legislated on any matter in the concurrent list is not enough to attract the mischief of section 107 of the government of india act...section 1(2) of the criminal procedure code expressly lays down that the provisions of the code would not affect any special form of procedure prescribed ..... this code for the time being in force, there shall be five classes of criminal courts in india....this juxtaposition of section 1 (2), criminal procedure code and section 6, criminal procedure code taken along with the government of india act, 1919, and the schedules thereto, clearly imply that the state legislature had power to make a ..... (2), criminal' procedure code, section 6, criminal procedure code and to the provisions of the government of india act, 1919, (9 and 10, geo. 5) and the schedules thereto, which originally governed the power of a state legislature to enact a, measure like the madras children act (iv of 1920). it is important to note that under section 1( .....
Tag this Judgment!Court : Chennai
Decided on : Jun-19-1973
Reported in : (1974)1MLJ282
..... the indian union following a treaty of cossion in 1954, the administration of these settlements was carried on by the government of india by applying the provisions of the foreign jurisdiction act and by orders of the president issued from time to time till the de jure merger which took place on 16th august, 1962. by the 14th ..... question and that the levy is, therefore, unauthorised and illegal. by a decree dated 12th march, 1880 the french government had set up municipalities in the various french settlements in india. under that decree the territory of french india was divided into 17 communes of which pondicherry is one. the pondicherry commune is to have a mayor, 3 ..... read with article 46(2) of the municipal decree, dated 12th march, 1880. it is said that the said municipal resolution has been duly approved by the government in accordance with the procedure prescribed under article 47 of the said decree for the imposition of the taxes by the municipal councils. it is also pointed out .....
Tag this Judgment!Court : Chennai
Decided on : Mar-20-1973
Reported in : [1974]44CompCas106(Mad); (1973)2MLJ469
..... by preferring a complaint to the court. in the present case before us, the information laid before the police was signed by the under-secretary to the government of india and on receipt of the information the police have registered the case and took up investigation into the case as they are empowered to do. when any ..... affairs of the company when the government does not consider the necessity of further probe and is ..... is nothing in the companies act which limits the power of the police to investigate under the criminal procedure code.21. in b. m. bajoria v. union of india, [1972] 42 comp. cas. 338 it was held that:'there is nothing in section 237 of the companies act, 1956, which makes it imperative for the government to order investigation into the .....
Tag this Judgment!Court : Chennai
Decided on : Jan-24-1973
Reported in : (1974)1MLJ387
..... these petitions is the secretary of the bar association of pondicherry. when the pondicherry state was part of the french settlements in india, persons intending to practise the profession of law were governed by certain regulations contained in the arrete dated 22nd june, 1932. i shall presently refer to the same. the petitioner's ..... was added to the statute book. that section reads as under:special provisions in relation to the union of pondicherry: (1) notwithstanding anything contained in this act, all persons who, immediately before the date on which the provisions of chapter iii arc brought into force in the union territory of pondicherry, were entitled ..... council of madras, be admitted as an advocate on the state roll maintained in respect of the said union territory.(2) notwithstanding anything contained in this act every person who, immediately before the date on which the provisions of chapter iv are brought into force in the union territory of pondicherry, was practising .....
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