Court : Allahabad
Reported in : 2001(1)AWC553
..... contention of shri asit chaturvedi that as the c.s.i.r. has been included in the government of india's notification issued under section 14(2) of the centraladministrative tribunal act, the petitioner, cannot be permitted to short-circuit the process of law by invoking the jurisdiction of this court under article ..... has been mentioned that :'the c.s.i.r, is a society registered under the societies registration act and the prime minister of india is the ex-officio president of the society. the governing body is appointed by the government of india representing the administrative ministry under which the council of scientific and industrial research is included, and the ministry ..... , which we have taken is fortified by the fact that the c.s.i.r. has been included in the government of india's notification issued under section 14(2) of the central administrative tribunal act, meaning thereby that the scientists and the staff working in c.s.i.r. are public servants.14. but the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1961All245
..... 79). 51. the effect of the three federal court cases mentioned above is necessarily to lead to the conclusion that the word 'judgment' in section 205, government of india act, 1935, meant a final judgment, because the said word was associated with the words 'decree' and 'final order'. the position under article 133 of the constitution ..... judgment must necessarily be held to be an interlocutory judgment and the collocation of the wodrs 'judgment, decree or final order' in section 205(1), government of india act makes it clear that no appeal is provided for against an interlocutory judgment or order. the result is that the appeal fails on the preliminary ground and ..... could be appealed against so as to include not only final orders but also preliminary or interlocutory judgments within the purview of section 205(1) of the government of india act, 1935. this argument was emphatically repelled by the learned chief justice in the following words:- 'our attention was called, to 0. 39, letters .....
Tag this Judgment!Court : Allahabad
Reported in : 2002CriLJ2195
..... ) of section 3 of the cofeposa act, 1974 to pass a detention order in respect of ..... below the rank of secretary to that government specially empowered for that purpose to detain a person for the purposes sought to be achieved by the act. the impugned order of detention has been passed by the joint secretary to the government of india, ministry of finance, department of revenue, an officer specially empowered by the government of india for the purpose of sub-section (1 .....
Tag this Judgment!Court : Allahabad
Reported in : (1924)ILR46All427
..... but that is not so. the bombay regulations in question were statutory enactments made under the powers reserved to the governor in council prior to the introduction of the government of india act, 1833.35. the army regulations with which we are here concerned cannot, so far as we can ascertain, be traced to any statutory origin.36. the various ..... sanction of the commanding officer, and in case of sales of houses over rs. 5,000 in value, the sales had to be subject to sanction by the government of india.57. there can be no doubt that the regulations of 1836 were in full force till long after 1842 when the existence of this house is distinctly established. ..... owner of the house.6. the case for the plaintiff was that the relations between him and the defendant raghubar dayal were governed by certain rules set forth in appendix iv, volume ii of army regulations, india, paragraph 35.7. the rules in question purport to regulate the conditions upon which land in cantonments was granted prior to the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1924All415; 78Ind.Cas.642
..... but that is not so. the bombay regulations in question were statutory enactments made under the powers reserved to the governor-in-council prior to the introduction of the government of india act, 1833.34. the army regulations with which we are here concerned cannot, so far as we can ascertain, be traced to any statutory origin.35. the various rules ..... of the commanding officer, and in case of sales of houses over rs. 5,000 in value the sales had to be subject to the sanction by the government of india.56. there can be no doubt that the regulations of 1836 were in full force till long after 1842 when the existence of this house is distinctly established. ..... owner of the house.6. the case for the plaintiff was that the relations between him and the defendant, raghubar dayal, were governed by certain rules set forth in appendix iv, volume ii of army regulations, india, para. 35.7. the rules in question purport to regulate the conditions upon which land in cantonments was granted prior to the .....
Tag this Judgment!Court : Allahabad
Reported in : 1992CriLJ3866
..... next, the petitioner challenged the order dated 12th january, 1991, passed under section 10(1) of the 1988 act. the said order is issued by the joint secretary to the government of india, ministry of finance, department of revenue. this order records the satisfaction of the authority that the petitioner is likely ..... s. b. chavan, ministry of finance, government of india, passed under rule 3 of the government of india (transaction of business) rules, 1961, directs the powers of the central government under the act to be exercised by the officers in the ministry of finance (department of revenue), government of india, as specified therein. the said order has ..... dated 4th december, 1990, issued by the respondent no. 2, joint secretary to the government of india, ministry of finance, under section 3(1) of the act. the petitioner made a representation both to the state and the central government through the jail superintendent, district jail, ghazipur on 22nd december, 1990. the petitioner .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1974All263
..... to appreciate these submissions we have to notice certain provisions.3. part ii of the government of india act, 1935 envisaged the establishment of the federation of india. section 317 of the government of india act, 1935 continued the provisions of the government of india act, 1915 with certain amendments mentioned in schedule 9 of 1935 act until the establishment of the federation. section 72 of the 9th schedule conferred upon ..... the criminal law amendment ordinances did not lapse after 15th august, 1947.7. the learned counsel for the petitioner in the alternative argued that the india (provisional constitution) order, 1947 repealed the 9th schedule of the government of india act including section 72 thereof. with the repeal of the 9th schedule the ordinance in question lapsed. it could not remain in operation thereafter. it .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1953All419
..... the assistant collector, first class, such control being vested in the board of revenue. i am, therefore, of opinion that the provisions of section 224, government of india act, 1935, do not vest any power of superintendence in the high court over the court of the assistant collector, first class when it does not possess ..... -- 'emperor v. hemendra prosad : air1939cal529 held that the home minister was an officer 'subordinate' to the governor within the meaning of section 49(1), government of india act, 1936. the basis of the view obviously was that the home minister stood in a position of inferiority to the governor, although this was not a 'subordination ..... subject to the 'appellate jurisdiction' of the high court, which was vested with a power of superintendence over it within the meaning of section 224(1), government of india act, 1935.66. accordingly, i would disallow the preliminary objection taken by the learned counsel for the opposite party to the hearing of this application.by the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1937All129
..... also could not apply to him. commenting on these provisions, the manual of indian military law, issued by the government of india, army department, 1922, p. 4, states:the indian legislature had, by section 73, government of india act, 1833...power to make laws for all 'native officers and soldiers,' that is for all persons permanently subject to ..... 's charter,' in fact for all asiatics in the indian army. section 73, government of india act, 1833, has been repealed and by section 65(1)(d), government of india act, 1919, which replaced it, the indian legislature is empowered to make laws for the government of. officers, soldiers, and followers in his majesty's indian forces which laws shall ..... forces, wherever they are serving,, in so far as they are not subject to the army act, or the air force act.18. there is a similar restriction in the-government of india act, 1935, section 110(b)(i), that the army act cannot be affected. in the manual of military law, 1929, issued by the army council, .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1943All379
..... repeal, the governor-general was pleased to make and promulgate the repealing ordinance, in exercise of the powers conferred by section 72, government of india act, as set out in schedule 9, government of india, act, 1935 (26 geo. v., c. 2). i shall have myself to consider the five provisions of the repealing ordinance later ..... parliament is a sovereign legislation and legislation by the governor-general or the central legislature or the provincial legislature is a subordinate legislation. the constitution act, namely the government of india act, 1935, isenacted by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and ..... if this cannot be done directly, obviously it cannot be done indirectly by means of drafting or other devices.33. section 72 of schedule 9, government of india act, cannot be questioned because it is the result of sovereign legislation, but the provisions of the ordinance (being promulgated by the governor-general who .....
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