Court : Allahabad
Reported in : AIR1979All170
..... publish in any court of justice any laws or regulations made by the said governor-general in council.'this act continued till the government of india act, 1915 repealed it. section 130 of the government of india act, 1915 provides:3. the acts specified in the fourth schedule to this act are hereby repealed to the extent mentioned in the third column of that schedule :provided that this repeal ..... general order no. 179 dated september 12, 1836. the order does not indicate the source of power. the source of power can, however, be traced to the government of india act, 1833. section 43 of this act provided that the said governor-general in council shall have the power to make laws and regulations tor repealing, amending or altering any laws and regulations whatever .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1960All420
..... executive engineer and the documents, exhibits f, g, h and i, were passed and executed in the year 1944 when the government of india act, 1935, was' in force.section 175(3) of the government of india act, 1935, enjoins that all contracts made in the exercise of the executive authority of a province shall be expressed to be made ..... been observed in their execution. no doubt the defence, that the leases aforesaid were unenforceable for non-compliance with the provisions of section 175(3) of the government of india act, 1935, has not been pleaded specifically in so many words, but such a plea was implied in the facts stated in paragraphs 21 and 22 of the ..... the grounds for dismissing the suit was that the contract, not having been executed by the proper authority, was not enforceable against the government on account of section 30 of the government of india act, 1915. on appeal before their lordships of the supreme court it was urged on behalf of the plaintiff that the defendant did not plead .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1951All703
..... if there were no saving clause in the defence of india act, the effect of the competent part would not have been saved after the expiry of the ..... law & was to remain in operation as provided in para 72, while the act was governed by another law & was to remain in operation as provided in section 102, g. i. act. the two legislations could not always be synchronised. so the defence of india act was not amended permanently by the ordinance. it remained amended only so long as ..... make section 6, general clauses act, applicable as if the act were repealed. the amended provision of section 102(4), govt. of india act, saved the effect 'as respects anything done or omitted to be done' of the incompetent part of the defence of india act, but not that of the competent part which was not governed by that provision at all. .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(2)AWC1191; (2004)3UPLBEC2778
..... by a competent legislature or other competent authority, the court further relied upon the provisions of section 276 of the government of india act, 1935 which provided for continuity of the old laws under the government of india act, 1999 by a deeming fiction.36. in chandra prakash tiwari (supra), the issue involved herein has been considered ..... wherein the constitution bench had held that the coal tax originally imposed under section 51 of the central provinces local-self government act, 1920, on 2nd march, 1935 was valid and continued to be valid after government of india act, 1935 and the constitution, by virtue of article 372 of the constitution.17. police service may, under certain circumstances ..... virtue of the provisions contained in article 372(1) of the constitution notwithstanding the repeal of the indian independence act, 1947 and the government of india act, 1935. it is in this context article 372 may be of some significance............at this stage, it would be convenient also .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1956All583; 1956CriLJ1149
..... will be an additional ground in support of the decision of the sessions judge.in exercise of the powers granted under section 102, government of india act, 1935, the defence of india act was enacted and the u.p. oilseeds and oilseeds products control order related to the subject-matter contained in the provincial list of the ..... 5-1-1948.unless something had already been done prior to that date, no prosecution could commence under the defence of india rules after that date. section 102, sub-section (4), government of india act, under the provisions of which the prosecution which had already commenced may have been justified and continued, was itself repealed by ..... a subsequent statute. but section 3, general clauses act does not apply to a case where the earlier act dies a natural death. in the present case, however, section 6, general clauses act will not apply in terms as the government of india act, under which the defence of india act was kept alive, was itself repealed by the constitution .....
Tag this Judgment!Court : Allahabad
Reported in : 2007(2)AWC1093
..... . 38 of 2002; (iii) act no. 15 of 2005.34. ..... designs act, 1888 (act no. 5 of 1888). this was further replaced by the indian patents and designs act, 1911 (act no. 2 of 1911). in 1967, the government of india, introduced a patent bill that culminated in the patents act, 1970 (the patents act). the patents act has been amended by three amending acts, namely:(i) act no. 17 of 1999; (ii) act no ..... in the seventeenth year of the reign of her majesty, entitled 'an act to provide for the government of india:' and whereas her majesty's law officers having given it as their opinion that the legislative council of india was not competent to pass act vi of 1856 without previously obtaining the sanction of the crown, and .....
Tag this Judgment!Court : Allahabad
Reported in : 2000(3)AWC2054
..... have to be followed by public sector undertakings. firstly, these guidelines have been issued by the ministry of urban development. government of india in respect of public sector undertaking for taking eviction proceedings under the public premises (eviction of unauthorised occupants) act, 1971. the guidelines cannot be applied retrospectively as notice was given to the petitioner in the year 1986 when an application ..... force, the benefit which was conferred upon the tenants was taken out. there is no clause under the amending act providing that it will not govern the tenants who were continuing in occupation on the date of enforcement of the act. in state bank of india. fatzabad. v. hari narain and another, 1980 alj (noc) 8. it was held that the expression 'taken on .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1991All158
..... may be specified in such permit in accordance withthe choice indicated in the application.' 5. in exercise of powers conferred by various sections of the new act, the central government, has framed rules known as central motor vehicles rules, 1989 (hereinafter referred to as rules), r. 88, which has already been quoted, has been ..... transport department, rajasthan in march, 1987, (ii) report of the national transport policy committee, (iii) final report on vehicle fleet modernisation, and (iv) report of the working group on the review of motor vehicles act, 1939. in the report of road safety committee ..... framed under the new act after the repeal of the old act for the same reasons and grounds on account of which old r. 6 was framed.20. in this connection learned senior standing counsel of the central government has placed before us (i) a report of road safety committee of the government of india as reproduced by .....
Tag this Judgment!Court : Allahabad
Reported in : 1949CriLJ163
..... of the relevant legislation. the control order was promulgated under the powers conferred by the defence of india rules which were framed under the defence of india act, the defence of india act and the defence of india rules expired on 30th september 1946. it was, however, thought necessary to continue some of the control ..... under that section.9. the next question for consideration is whether it is proper to alter the conviction of the applicant under section 7, central government act xxiv [24] of 1946 when he was not charge-ed under that section. the determination of this question must depend upon the decision of ..... offence whatsoever. the relevant legislative provisions have been overlooked by everybody. these relevant legislative provisions are the central government ordinance xviii [18] of 1946 and the central government act xxiv [24] of 1946. the central government ordinance xviii [18] of 1916 includes petroleum products within its definition of 'essential commodity' : vide section .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1941All321
..... power by a familiar method of its own choice and that in so doing has itself 'made the laws' in question within the meaning of section 99(1), government of india act, 1935. i do not think it possible to draw any line in the case with which we are dealing between rules which are designed merely 'with the object ..... in which the legislature is said to have exercised its legislative powers invalidly, in the sense that what it has done is repugnant to the substantive provisions of the government of india act, but is one in which it is suggested, as it seems to me, that in reality it has not exercised its own legislative power at all. but that ..... lordships' opinion been done or attempted in the ease before them. learned counsel for the applicant has argued that the defence of india act does in effect create a new legislative power not created or authorised by the government of india act. it seems to me, however, that the mere conferring of authority on some body to make rules does not amount to .....
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