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to naval officers merely on the basis of their having attained a substantive rank, as contemplated under the repealed section, did not comply with the obligations under the international convention on the standards of training, certification and watch keeping for seafarers,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. .....
Tag this Judgment!Court : Mumbai
Reported in : (1981)83BOMLR75; 1981MhLJ93
..... for a moment that this power of superintendence under section 107 was repealed and re-enacted with modifications by section 224 of the government of india act, 1935, then by reason of the combined operation of section 38(1) of the interpretation act, 1889, and section 8 of the general clauses act, 1897, the words 'the power of superintendence under the provisions of section 224 of the government of india act, 1935', were to be read into clause 1.5 for the words 'the power of superintendence under the provisions of section 107 of the government of india act', by the same process of interpretation or on ..... administration of justice; constitution and organisation of all courts, except the supreme court and the high court; officers and servants of the high court; procedure in rent and revenue courts; fees taken in all courts except the supreme court.by the constitution (forty-second amendment) act, 1976, certain words in entry 3 were ..... seek to vindicate their rights either to find the means to incur the great expense in approaching the supreme court in appeal or as a harsh alternative to forego, their rights and suffer the wrong and injustice done to them in silence would be contrary to this principle of social ..... it would be putting these parties to the greatest inconvenience and hardship and burdening them with expense which they cannot bear if they were to be forced to go to new delhi or engage lawyers there to file an application in the supreme court for special leave to appeal were .....
Tag this Judgment!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, cease to have effect.24. ..... the express insertion 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 further effect. ..... in our opinion, the emergency on the happening of which an ordinance can be promulgated is separate and distinct from and must not be confused with the emergency which occasioned the passing of the act, and the clear effect of the words of the act on section 72 is that ordinances promulgated under that sub-section during the period specified in section 3 of the act are subject to no time limit as regards their existence and validity, unless imposed by the ordinances themselves, or other amending or repealing legislation, whether by ordinance or otherwise. .....
Tag this Judgment!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 or done in the collection thereof according to the usage and ..... -tenth in amount of the issued capital of the company upon which all calls or other sums then due shall have been paid up, and stating fully the objects of the meetings, shall be deposited at the office; and the custodian has issued a requisition upon the directors under this article to call an extraordinary meeting for amendment of some of the articles ..... and in 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 act ..... section (1) gives wide powers to the custodian to take such measures as he considers necessary or expedient for the purposes of securing, administering, preserving and managing any evacuee property which has vested in him, and, for any such purpose as aforesaid, do all acts and incur all expenses .....
Tag this Judgment!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. ..... justice coyajee referred to, i may mention section 130 which provides that the repeal was not to affect 'the validity of any law, charter, letters patent,...rule...order, regulation,...under any enactment hereby repealed and in force at the commencement of this act. ..... ' 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 ..... justice hay ward considered this regulation and staled the para i have just referred to in the repealing act, viz., (p. ..... ' that act repeals, for instance, the indian high courts act, 1861, and the indian high courts act, 1865.22 ..... 94):-it follows, i think, that the jurisdiction established in the sadar diwanee adalut in 1827 and in the high court in 1861 was not affected by the repeal of the regulation in 1873.19. ..... though the regulation on this point is repealed, this court still retains the power under the statutes, which the sadar devanni adawlat had under the said repealed clause.21. ..... notwithstanding that the same respectively may have been in any manner affirmed, recognized or derived, by, in, or from any enactment hereby repealed.18. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1953Bom260; (1953)55BOMLR170; ILR1953Bom680
..... (15) now, on the point whether the application of these debtors which was filed under the act of 1939 and was pending before the board when that act was repealed and was transferred to the court set up under the act of 1947 would be governed by section 45 of the act of 1939 or by section 24 of the act of 1947, the provisions which help us to decide the point are to be found in proviso (a) to sub-section (2) of section 56, bombay agricultural debtors belief act 28 of 1947. ..... our consideration in this civil revision application is whether an application for the adjustment of his debts which was made by a debtor under section 17(1), bombay agricultural debtors relief act 28 of 1939 and which was pending before the board when that act was repealed and which, upon the coming into force of the bombay agricultural debtors relief act 28 of 1947 was transferred to a court under the latter act, is to be governed by the provisions of section 45 of the old act of 1939 or by the provisions of section 24 of the new act of 1947. ..... 'now, it would be difficult to hold that what the legislature intended while framing sub-section (3) of section 19 01 the act of 1947 was that the provisions of the now act were to apply only partially, that is that the procedural part only of the new act was to apply and that the substantive law which was to govern such suits, appeals, applications & proceedings was the law contained in the repealed act of 1939. .....
Tag this Judgment!Court : Mumbai
Reported in : (1985)87BOMLR246; 1986MhLJ441
..... taken (including any orders, notifications or rules made or issued) by the central government or by any officer or authority to whom powers in this behalf have been delegated by that government, in exercise of the powers conferred by or under chapter vi of the defence of india act, 1962, shall, in so far as it is not inconsistent with the provisions of this act, be deemed to have been done or taken in the exercise of the powers conferred by or under this act as if this section was in force on the date on which such thing was done or action ..... (2) save as otherwise provided in sub-section (1), the provisions of the defence of india act, 1962, and the rules made thereunder, in so far as those provisions relate to the requisitioning of any such immovable property as is referred to in sub-section (1), shall as from the january 10, 1968, cease to operate except as respects things done or omitted to be done before such cesser and section 6 of the general clauses act, 1897 (10 of 1897), shall apply upon such cesser of operation as if such cesser were a repeal of an enactment by a central act.4. ..... in view of sub-section (2) of section 25, the defence of india act ceases to operate on and from january 10, 1968, except in so far as it is saved by sub-section (/) of section 25, and section 6 of the general clauses act, 1897, is made applicable upon such cessation as a repeal of the defence of india act by the requisition act. .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(5)BomCR746
..... that now in view of the provisions of the repeal act, the provisions of sections 10 and 11 do not to apply to the lands of which possession has not been take and the state will not be able to take possession of the lands, so vested in government under section 10(3) of the principal act is not sound, because non-availability of mechanism of section 10(5) of the principal act for taking over possession will not preclude the government from taking possession of the lands so vested in government as owner thereof free from all encumbrances by following ..... adoption; and the reference to repeal of the urban land (ceiling and regulation) act, 1976 shall, in relation to any state or union territory, mean the date on which this act comes into force in such state or union territory.perusal of the above provision shows that so far as the state of maharashtra is concerned, the repeal act was to come into force on such date as the legislature of state of maharashtra would pass a resolution adopting the repeal act under clause (2) of article 252 of the constitution of india. ..... the commercial tax officer, bhavanipore and ors. .....
Tag this Judgment!Court : Mumbai
Reported in : (1944)46BOMLR54
..... section 72 in the ninth schedule of the government of india act, 1935, which authorises the governor general, in cases of emergency, to promulgate ordinances for the peace and good government of india, the governor general alone is the sole judge of whether a state of emergency exists and whether the ordinance conduces to the peace and good government of british india as contemplated by the section ..... government or any officer to find out whether certain persons had committed certain illegal acts and might have issued an order as to how they should be dealt with even without a formal trial; if such a course was deemed by him to be ne- cessary in the interests of peace and good government of india ..... has not validated the convictions by the special courts, but has only ordered the sentences to be given effect to on the strength of the conclusions arrived at by specially appointed officers in what have now proved to be non-judicial inquiries, and it was open to the governor general to act upon the result of those inquiries to make up his mind as to what was necessary for the peace and good government of british india. ..... government of india act, 1915, have repealed acts ..... in 1930 the governor general promulgated an ordinance called the sholapur martial law ordinance (iv of 1930), section 11 of which validated sentences passed ' by any officer acting in the exercise of military control for the purpose of providing for the public safety or the restoration or maintenance of order as if .....
Tag this Judgment!Court : Mumbai
Reported in : (1979)81BOMLR234
..... section 2 of this act exempted from the operation of the act any building belonging to or vested in the state government or the government of india or any local authority. ..... be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed, as if the repealing act has not been passed.for our purpose clause (e) of the said section is of relevance ..... ; or(b) affect the previous operation of any enactment so repealed or anything duly done or suffered thereunder; or(c) affect any right, privilege, obligation or liability acquired, accrued or incurred under any enactment so repealed; or(d) affect any penalty, forfeiture or punishment incurred in respect of any offence committed against any enactment so repealed; or(c) affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid, and any such investigation, legal proceeding or remedy may .....
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