Court : Guwahati
..... as civil rule, this court requires to recapitulate the fact of the case which is summarised hereinbelow.5. the petitioner on his superannuation from the defence department, government of india, had owned a residential house in kiran line basti, state of meghalaya, which is situated within the cantonment area. the residential area being within the cantonment area ..... . on the other hand, under the mes rules, the definition of 'consumer' is given in section 2(c) of the indian electricity act, 1910. the government of india represented by the mes is the 'licensee'. furthermore, mes no. i.a.f.w. 2191 deals with the rules for the supply of electric energy ..... act and the new act 36 of 2003 under the head of consumer, as the same definition has been adopted by the mes rules as indicated above. admittedly, the energy was supplied for the use of the petitioner, who being the occupier of the premises connected with the licensee's electric system i.e. mes. mes being a licensee under the government of india .....
Tag this Judgment!Court : Guwahati
..... final and the high court would have had no jurisdiction to interfere with it under the code of criminal procedure or under the government of india act, 1935. the repeal of section 224, government of india act, 1935 and its replacement by article 227 hag conferred on the high court wider powers. its jurisdiction has been enlarged. the ..... of article 227 of the constitution is that not only it restores to the high courts the jurisdiction that was taken away by section 224(2), government of india act, 1935, but it enlarges the powers of superintendence which the high courts exercised before 1935 by dispensing with the requirement as a preliminary to the exercise ..... disputed. the parties to the proceeding also had no right to come to the high court under section 224, government of india act, 1935. the power of superintendence that the high court had under the government of india act, 1935 did not include within its scope any right of interference with an order or judgment of a court subordinate .....
Tag this Judgment!Court : Guwahati
..... chapter xxxvi of the indian railway establishment manual, 1959, cannot legitimately be made in exercise of the powers under section 241 of the government of india act, 1935 and under article 309 of the constitution of india, respectively. we, therefore, feel no hesitation in overruling the contention of the learned advocate general and hold that rule i of ..... establishment manual, have statutory force. they were previously framed under sub-section (2) of section 241 of the government of india act, 1935 and after the commencement of the constitution, under article 309 of the constitution of india.7. the learned advocate general next contends that rules in part b of appendix xiii and the same in part ..... that the rules contained in this code have been made by the governor general in council under sub-section (2) of section 241 of the government of india act, 1935, in super session of all pre-existing rules relating to the same matters which are published in this code under his authority. they .....
Tag this Judgment!Court : Guwahati
..... .4.1912 lushai hills district was taken under the authority and management of governor general of india. thereafter as per the government of india act, 1915 lushai hils was declared as backward tract. the government of india act, 1935 was enacted on 2.8.1935 and under the provisions of the said act, lushai hills was included as excluded area and certain safegaurds were provided under the said ..... .k. joshi and mr. u. bhuyan, learned counsel for the respondents. 4. the erstwhile lushai hills was annexed to british india in the year 1872 and thereafter the scheduled district act, 1874 was passed and the said act remained in force till the government of india act, 1935 came into force when it was repealed by order of 1937. considering the provisions of the scheduled district .....
Tag this Judgment!Court : Guwahati
..... of the tax was challenged on the ground firstly that the tax was not covered 'by entry no. 50 of list ii of the seventh schedule of the government of india act. it was further contended that no tax could be levied imposing a liability upon the exhibitor instead of upon the persons who obtained admission to the entertainments upon payment ..... on lands and buildings have been known to indian legislatures for over fifty years, and find place as such in the municipal acts passed by the different provinces. under the government of india act of 1915 (as amended by the act of 1919) and the devolution rules framed thereunder the provincial legislatures had authority to-levy the tax on lands and buildings for ..... challenged on the ground that it was not covered by item no. 42 of list ii of the seventh schedule of the government of india act, 1935. the said item deals with 'taxes on lands and buildings, hearths and windows'. it was contended that in interpreting the word 'taxes on lands' regard is to .....
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..... 1.4.1937 to 26.1.1950 were required to be extended to such area by notification under section 92(1) of the government of india act, 1935. amendment or repeal of an existing act was permissible through a regulation made under section 92(2) thereof.with the framing of the constitution, the lushai hills district was included ..... christened as 'excluded area' with the enactment of the government of india act, 1935, whereupon the scheduled districts act, 1874, and the assam frontier tracts regulation, 1880, ceased to be in force w.e.f. 1.4.1937. the existing laws were adopted ..... 1880. for the period between 3.1.1921 to 1.4.1927, the central laws enacted before the government of india act, 1915 and made applicable to the area continued to be in force if particularly extended under the scheduled districts act, 1874, and if not excluded in its application by the assam frontier tracts regulation. the area was .....
Tag this Judgment!Court : Guwahati
..... is withheld for misconduct or unsatisfactory performance. the provisions in f.r.24 and f.r. 26 do not exclude the ad hoc government servants. the fundamental rules were framed under provisions of the government of india act, 1935. the said act was repealed by article 395 of the constitution of india, but the fundamental rules made under provisions of section 241(2)(b) of the ..... act of 1935 have been saved. the fundamental rules are the laws for the state and, therefore, any decision of the government contrary to the provisions of the .....
Tag this Judgment!Court : Guwahati
..... is withheld for misconduct or unsatisfactory performance. the provisions in f.r.24 and f.r. 26 do not exclude the ad hoc government servants. the fundamental rules were framed under provisions of the government of india act, 1935. the said act was repealed by article 395 of the constitution of india, but the fundamental rules made under provisions of section 241(2)(b) of the ..... act of 1935 have been saved. the fundamental rules are the laws for the state and, therefore, any decision of the government contrary to the provisions of the .....
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Reported in : AIR2009Gau151
..... an order of the governor general. such ah order was passed by the governor general in exercise of the powers under section 299(1) of the government of india act, 1935, as, adopted by the india provincial constitution (amendment) order, 1948. para 4 of the said order declares as follows:4. the high court of assam shall have, in ..... them by virtue of the determination made by the chief justice. this power is derived not only from the provisions of section 108 sub-section (2) of the government of india act. 1915. which still subsists and the power where under still continues to be there, as held in national sewing thread co. ltd. s case, but also ..... sitting alone or in division court, shall be the same as immediately before the establishment of the dominion. 16. the government of india act, 1935, was repealed by the constitution of india, article 225 of the constitution of india, in so far as it is relevant for the present purposes, reads as follows:225. jurisdiction of existing high courts.-- .....
Tag this Judgment!Court : Guwahati
..... of the government of india act, 1935. as a result of the proviso in article 254, the legislative power of parliament has been enlarged in the sense that it can add to, amend, vary ..... add to. amend, vary or repeal the law made by the legislature of a state. the provision corresponding to article 254 was contained in section 107 of the government of india act, 1935. the only difference between that provision and article 254 is that there was no provision similar to the proviso toclause(2) of article 254 in section 107 ..... sections 3, 24, 25, 35, 40, 41, 49, 49a, 50, 59, 62, 64 and 70 contending that the act have been substantially amended.11. an affidavit-in-opposition has been filed by the state government in civil rule no, 165 of 1995.12. heard ms. hazarika, learned counsel appearing on behalf of the writ petitioners in civil rule nos. .....
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