Judgment Search Results Home > Cases Phrase: government of india act 1935 repealed section 280 organisation and expenses of india office Page 1 of about 88 results (0.156 seconds)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

..... 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 goods 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 question. ..... the central government hereby appoints all the land customs officers who have been appointed or may be appointed from time to time to be such under sub-section (1) of section 3 of the land customs act, 1924 (xix of 1924) to be officers of customs for their respective jurisdiction and to exercise the powers conferred and to perform the duties imposed on such officers by the first named act'. ..... , 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 officers of the collectorate of central excise, delhi, allahabad, patna, shillong, madras, bombay and baroda, to be land customs officers within the jurisdiction of the respective collectors of land customs .....

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 section 321 of the government of india act, 1935, repealed the earlier government of india act, 1915, but section 292 thereof saved the existing law by providing:'notwithstanding the repeal by this act ot the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immediately before the commencement of part iii of this act shall continue in force in british india until altered or repealed or amended by a competent legislature or other competent authority.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

..... article 372 became necessary to make a provision similar to section 292 of the government of india act, 1935 following the repeal of the 1935 act and the indian independence act, 1947. ..... if nations wanted independence and supremacy in the latter half of the 19th century and the first half of the 20th century individual dignity, individual freedom, individual status in a well organised and well planned society are opening the frontiers since the mid-century. ..... various bills of rights, which declare in substance that, as all power resides originally in the people, and is derived from them, the several magistrates and officers of government are their substitutes and agents and are at all times accountable to them.the various agents of the people possess only such power as is expressly or impliedly delegated to them by the constitution or laws under which they hold office; and do not possess even this, if it happen to be beyond the power of such constitution or laws to grant ..... . the question has arisen what will happen when there is a conflict between the claims in part iv and the rights in part iii and whether the state would be justified at any given time in allowing a compromise or sacrifice the one at the expense of the other in the realisation of the goal of the good life of the people ..... according to their lordships that consideration was irrelevant and gave no validity to acts which infringed the constitution.280. .....

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. ..... the court, notwithstanding the convention obligations 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 right. ..... the objects and reasons for amending act 33 of 1986 and deletion of section 80 by the said amending act, as indicated in the statement of objects and reasons, are as under :'the international convention on the standards of training, certification and watchkeeping for seafarers which was adopted in 1978 at the conference organised by the inter-government maritime consultative organisation (now international maritime organisation) came into force with effect from the 28th april, 1984. .....

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. ..... to have effect under the repealed enactment.if the defence of india act itself could be said to be repealed by this statute and had not expired by efflux of time this saving clause undoubtedly would have permitted prosecution for offences committed under the repealed defence of india act, but as already pointed out, the defence of india act was dead long before its repeal by this act and could not be brought to life again for purposes of repeal by act ii of 1948 and hence the circumstance that the act was mentioned in the schedule .....

G. Narayanaswami Naidu and ors. Vs. the Inspector of Police

Court : Chennai

Reported in : (1949)1MLJ1

..... the legislature of the province is not in session, and the governor of madras is satisfied that immediate action is necessary for the purpose of amending the madras maintenance of public order act, 1947:and whereas the instructions of the governor-general have been obtained in pursuance of the proviso to section 88, sub-section (1), of the government of india act, 1935;now, therefore, in exercise of the powers conferred by section 88, sub-section (1), aforesaid, the governor hereby promulgates the following ..... under or having effect under this ordinance or in respect of any person subject to such an order.he then pointed out that:section 10 does not purport to repeal section 491 of the criminal procedure code and that:section 491 of the criminal procedure code confers a certain power or jurisdiction on the high court and all that section 10 of the ordinance does is to interdict the high court from exercising that power or jurisdiction in a certain class of ..... is to say, when there is a mistake of identity;(c) when there is lack of bona fides; and(d) when it is established that the essential requirement of section 2, namely, the satisfaction of the provincial government or an officer or other authority empowered under section 15 with respect to the particular person that he is acting or about to act in any manner prejudicial to the public safety or the maintenance of public order and with a view to preventing him it is necessary to direct him to be detained or otherwise .....

Nokia Solutions and Networks India Private Limited, Rep by its Authori ...

Court : Chennai

..... after the repeal of the tngst act and coming into force of the tnvat act, 2006, the government passed an order with regard to the effect of the exemption notifications, which were issued, when tngst act was in force and by referring to section 88 of the tnvat act, it was stated that notification granting exemption already issued under tngst shall continue in force under the tnvat act. ..... , manufacture, trading, production, processing, assembling, repairing, reconditioning, re-engineering, packaging 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 ..... 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 on the authorised operations by the developer or entrepreneur; (b).... 9. .....

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 ..... 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 ..... sub section (1) of section 92 of the government of india act, 1935 and sub clause (1) of clause 5 of the fifth ..... decisions deal with section 92 of the government of india act, 1935, which reads thus: administration of excluded areas and partially excluded areas ..... , the excluded areas were dealt with by sections 91 and 92 of the government of india act, 1935. ..... reliance placed on sub section (1) of section 92 of the government of india act, 1935 is not at all ..... whereas, sub section (1) of section 92 of the government of india act, 1935 provides that no law of federal or provincial legislature will apply to an excluded civil appeal no.2202 of 2012 page 10 of 21 area unless a notification is issued by the hon ble governor issuing a specific .....

R. Karuppan Vs. R. Namachivayam

Court : Chennai

Reported in : 1998(99)ELT214(Mad)

..... 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 import policy for the period 1992-97. ..... federation, under a certificate issued by the sports authority of india or by the sports authority of 'india for use in a national or international championship on competition, to be held in india or abroad; (b) the importer, at the time of clearance of the goods, produces a certificate to the assistant collector of customs from an officer not below the rank of a director in the sports authority of india indicating, (i) the name and address of the importer and the description, quantity and value of the said goods; and (ii) that the said goods are required for ..... 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 grant of the exemption.' 37. .....

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

Court : Supreme Court of India

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

..... reference has been made to certain other meetings with the officers of government of india (ministry of home affairs) on 6th april, 1998 and 23rd september, 1998 wherein it was informed that the repeal of the imdt act was under active consideration of the government. ..... provision to deal with such suspect in case of their refusal to furnish information as required in rule 5.iii) there is no provision for compelling suspect witness to furnish information or statement to police officers making enquiries and as such taking recourse to action under section 176 ipc is difficult in case of refusal.iv) the enquiry officer is not empowered to search home/premises of the suspects nor can he compel the suspects to produce documents to give necessary information.v) prosecution witnesses do not appear before the ..... the journey from a port in china to san francisco, as the facts of the case show, used to take about a month and having regard to the expenses involved and the carrying capacity of a ship in those days (1870-90) the number of chinese labour coming to u.s.a. ..... he is also a former chairman of the north east students' organisation, which is an umbrella organization of students' association from assam, meghalaya, manipur, nagaland, tripura and arunachal pradesh and has been actively involved in issues concerning the rights of the people of assam including the question of illegal migrants settled in the said state. .....