Judgment Search Results Home > Cases Phrase: government of india act 1935 repealed section 266 functions of public service commissions Page 3 of about 188 results (0.130 seconds)

State of Punjab and anr. Vs. S. Gian Singh

Court : Punjab and Haryana

Reported in : AIR1960P& H168

..... is in the following terms:'10. save as provided by this order, all powers which under any law in force in british india, or n any part of british india, were immediately before the commencement of part iii of the government of india act, 1935, vested in or exercisable by any person or authority shall continue to be so vested or exercisable until other provision ..... replaced by another set of rules, or that these rules are inconsistent with the provisions of the government of india act or the constitution of india. it seems to us therefore that these rules must be deemed to have been made under the appropriate provisions of the government of india act, 1935.(9) but these rules purport to have been framed under the provisions of s. 9 .....

M.M. Anandan Vs. Union of India and Others

Court : Central Administrative Tribunal CAT Ernakulam

..... case relate to post-constitutional era. but then on going through the judgment, it appears that the point of interest which would have been arisen under the government of india act 1915, the rule framed in 1920 and amended in 1924 as well as the governors provinces civil services (control and appeal) rules and governors provinces civil services ..... discipline and conduct while sub section (4) declared that all service rules then in force had been duly made and confirmed the same. 11. in 1935, the government of india act 1935 was passed and s.96b(1) was reproduced in subsection (1) and (2) of section 240, and a new sub-section was added as subs. ..... pleasure itself is circumscribed by good procedure and best practices. the hon'ble apex court has clearly found that even under the government of india act, 1935 before dispensing with the services of any government servants, an opportunity of hearing must be granted to him. no opportunity was ever awarded to the applicant and the sole defence .....

Haryana State Industrial And Infrastructure Development Corporation Lt ...

Court : Supreme Court of India

..... resettlement mechanism for affected persons and their families. as a preamble its objects and reasons have been given in the 2013 act thus: an act to ensure, in consultation with institutions of local self-government and gram sabhas established under the constitution, a humane, participative, informed and transparent process for land acquisition for industrialisation, development ..... (1) thereof must be read and understood consistent with and in view of article 21 of the constitution of india. it is also contended that permitting continuance of proceedings initiated under the l.a. act would violate article 300-a of the constitution.26. the contentions raised by party b based on violation of articles ..... the decision in shiv kumar and anr. vs. union of india and ors. [(2019)]. 10 scc229 a three-judge bench of this court held that a purchaser of land in respect of which notification under section 4(1) of the l.a. act issued and published (after the issuance of section 4 notification under .....

institute of Human Behaviour and Allied Sciences Vs. Govt. of Nct of D ...

Court : Delhi

..... 6. .....a contract of lease could be effected only by a written instrument under article 299 of the constitution of india. prior to the commencement of the constitution a similar provision existed in section 175 of the government of india act, 1935. ..i am the opinion that the argument of the learned counsel for the contesting defendants is not without substance ..... . it was essential for a valid contract of lease that the document of lease should have been extended in terms of section 175 of constitution of india. no such document having ..... title by adverse possession on this basis. 312. it was the plea of het ram and kewal ram that they were tenants of the government of india in this litigation and in the pp act proceedings as well as the ground of appeal no.6 in lpa no.113/75. in the judgment dated 10th april, 1980 in lpa .....

The Punjab Registered (iron and Steel) Stockholders Association Ltd. V ...

Court : Delhi

Reported in : ILR1970Delhi809

..... , the provisions havingbeen made in the interest of the public. it musttherefore be held that as the contract was not in theform required by the government of india act,1935, it could not be enforced at the instance ofthe appellant and thereforee the dominion ofindia could not be sued by the appellant for compensation for ..... state which was not in the form prescribed, wasenforceable against the state. in both these casesit was held that the provisions of section 175(3) ofthe government of india act, 1935 or the correspondingprovisions of article 299(1) of the constitution aremandatory and their non-observance has the effectof rendering the contract void and un-enforceable.( ..... the plaint, but it was assertedthat the contract which formed the basis of the plaintiff's claim was not in accordance with section 175(3) ofthe government of india act, 1935 and was thereforeevoid and un-enforceable. it was pleaded that on the plaintiff's own showing the stocks lying at lahore wereabandoned by it .....

Sudama Saran Sharma Vs. State

Court : Delhi

Reported in : 1984(3)Crimes357; ILR1984Delhi437

..... section 197 available to all public officers. it was further pointed out that as early as in the government of india act, 1858, it v/as recognised that the power of making appointments to offices in india was divided and distributed amongst several authorities in india and existing usage and regulations relating thereto were continued subject to the reservation of power to the secretary of ..... the reasoning in support dl this 'view was based on .the constitutional provisions .in the government of india act, as indeed, in our constitution as to the manner :m which government business was 'to be conducted and based on title theory that an order of a government functionary at different levels pursuant to delegated authority or as an instrumentality of exercise of executive powar bound .....

The Institute of Chartered Accountants of India and ors. Vs. P. Rama K ...

Court : Delhi

..... we forward herewith a copy of the extracts of the report of the inspection under sec 209a of the companies act, 1956 received from the ministry of finance & company affairs, department of company affairs, government of india, new delhi. you are requested to examine the matter in the light of the above report and decide whether ..... may be noticed. 4. between 3rd and 21st march, 2002, the department of company affairs, government of india had carried out inspection of books of accounts of global trust bank limited under section 209a of the companies act, 1956. affairs of global trust bank limited were also investigated extensively by a joint parliamentary committee. accounts ..... 2. we have been informed by the department of company affairs (dca), government of india that the inspection of the bank conducted by them under sec. 209a of companies act, 1956 revealed violations of sec. 227, 228, 292 and 211 of the companies act by the auditors of the bank. the report contained comments to the effect .....

Trust Mai Lachmi Sialkoti Bradri Vs. the Chairman, Amritsar Improvemen ...

Court : Supreme Court of India

Reported in : AIR1963SC976; [1963]1SCR242

..... framing schemes or for acquisitions of property for implementing such schemes, but this feature might not be very material for the purposes of this case. section 93 of the government of india act, 1935 which made provision in cases of failure of constitutional machinery in the provinces enacted by sub-section (4) : '93. (4). if the governor by a ..... order, 1947, but clause 6 of this order enacted : '6. where any law made by the governor of a province by virtue of section 93 of the government of india act, 1935, is in force immediately before the appointed day, the said law, notwithstanding that the said section is directed to be omitted is in schedule to this ..... a damaged area'. it therefore becomes necessary to examine the effect of a notification under the act of 1947 vis-a-vis the definition in section 2(d) of the act. 9. by a proclamation issued under section 93 of the government of india act, 1935 the governor of the punjab assumed to himself the powers vested in the punjab provincial .....

Hansraj Moolji Vs. the State of Bombay

Court : Supreme Court of India

Reported in : AIR1957SC497; (1957)59BOMLR910; 1957CriLJ599; [1957]1SCR634

..... the emergency powers ipso facto lapsed when the emergency was declared to have ended, (b) that, in the alternative, s. 72 of the 9th sch. of the government of india act, 1935, having been thus restored with effect from april 1, 1946, one must look to its terms as they originally stood to justify the continuance of the ordinance in ..... before us the ordinance in question was promulgated in exercise of the emergency powers vested in the governor-general under s. 72 of the 9th sch. of the government of india act, 1935, and it was urged that the ordinance thus promulgated would cease to be in operation after the emergency was declared to have ended on april 1, 1946 ..... exercise of his special legislative powers or in exercise of the emergency power conferred upon him by s. 72 of the 9th sch. of the government of india act, 1935, were all equated with the acts of the federal legislature or the indian legislature, as the case may be, assented to by the governor-general. if there was a limitation to .....

State of Gujarat Vs. Vora Fiddali BadruddIn Mithibarwala

Court : Supreme Court of India

Reported in : AIR1964SC1043; [1964]6SCR461

..... his rights under the grants against the rulers survived the change of sovereignty, the guarantee against deprivation of property contained in s. 299 of the government of india act, 1935, availed him nothing, for when the succeeding sovereign refused to recognise the rights obtained by him under the previous sovereign its action deprived him ..... the empire, by virtue of the treaty alone have the force of law" it was in recognition of this constitutional position that s. 106 of the government of india act, 1935 was enacted. its terms are in substance re-enacted in art. 253 of the constitution which reads: "253. notwithstanding anything in the foregoing provisions ..... correctness of that decision was doubted. indeed, in the latest two decisions, the principle was sought to be extended to a situation arising under the government of india act. but the majority of the learned judges left open the question, though two of the learned judges constituting the bench expressed their view against such an .....