Court : Madhya Pradesh
Reported in : AIR1958MP425
..... the constitution, one of us (choudhuri j.) withdrew the case for trial in the high court on the ground that important questions as to the interpretation of the government of india act, 1935, and the constitution were involved. the case was also referred to a division bench, and it thus comes before us for final disposal. it may be ..... considering the fact that this ordinance was made by the governor-general in exercise of his powers under section 72 of the ninth schedule to the government of india act, 1935, for the peace and good government of the country, we must hold that all, and plenary, powers of legislation were centred in him. it has been ruled over and ..... the case for the second defendant, correctly pointed out that entry no. 45 in list i of the seventh schedule to the government of india act, 1935, placed an excise duty on 'goods* manufactured or produced in india and not upon any individual person.that being so, the duty was levied on coal which was transported by railway at the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1955CriLJ157
..... section 290a(l)(a) was passed, were assigned the same position as the chief commissioner of delhi, in so far as the provisions of the government of india act were applicable to the chief commissioners, clearly points out that the governor general had no intention to give the chief commissioners of other such provinces powers higher ..... ordinances being in conflict with the provisions of section 42, government of india act, must be held to be repugnant to the said section.(6) it seems that my learned brother, shri tribeni saran, was aware of this state ..... be further pointed out that in so far as the state of delhi was concerned, it was the governor general alone who, under section 42, government of india act, as amended by the india (provisional constitution) order, 1947, had the power to make and promulgate ordinances and the haw conferring such power upon the chief commissioner to pass .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2008MP22; 2007(4)MPHT545; 2008(1)MPLJ152; 2008(1)AIRKarR353(FB)(MP).
..... letters patent was maintainable against the order passed or made in exercise of the powers of superintendence under the provisions of section 107 of the government of india act, 1935. the said power of superintendence has been engrafted along with certain other concepts under article 227 of the constitution. for this simon pure ..... while proceedings under article 227 of the constitution are not original but only supervisory. article 227 substantially reproduces the provisions of section 107 of the government of india act, 1915 excepting that the power of superintendence has been extended by this article to tribunals as well. though the power is akin to that ..... of the chartered high courts. the apex court traced the history of letters patent, scrutinized the powers conferred on the chartered high courts under the government of india, act, 1935 and the various provisions therein, adverted to the speech of dr. ambedkar in the constituent assembly with regard to draft constitution, referred to .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1974]35STC242(MP)
..... of 1964. there were some amendments made in the years 1961 to 1963. presently, we shall scrutinise as to which of the amending acts would govern the present case. 3. section 19 of the m. p. general sales tax act, 1958, at the relevant time, i. e., in the year 1959, stood as follows :section 19. assessment of turnover escaping assessment.-(1) where ..... act, 1958. that situation does not obtain in the present case, which is governed by the original act, as it stood in the year 1959. consequently, we would reserve our opinion on that aspect for some suitable occasion in which the m. p. general ..... a.i.r. 1964 s.c. 763. we may observe that the case of jeewakhan musabhai, ujjain (firm) v. madhya pradesh state 1970 m.p.l.j. 220 was clearly governed by the m.p. general sales tax (amendment) act no. 20 of 1964, which effected a substantial change in section 19(1) of the m. p. general sales tax .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1958MP333
..... of two judges other than the judge from whose judgment the appeal is preferred. the rule-making power of the high court under section 108 of the government of india act, 1915, which is referred to in clause 10 of the letters patent, has continued unimpaired, as held in the case of n. s. thread ..... having its authority under the government of india act, stands abrogated under the article as the parent act itself has been repealed.7. the letters patent is not an enactment which amends or supplements the government of india act. therefore, it does not stand repealed under the express terms of article ..... virtue of article 395 of the constitution. under this article, the indian independence act, 1947, and the government of india act, 1935, together with all the enactments, amending or supplementing the latter act, but not including the abolition of privy council jurisdiction act, 1949, have been repealed. the contention appears to be that the letters patent .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1975CriLJ713
..... fact that the provincial legislature has legislated on any matter in the concurrent list is not enough to attract the mischief of section 107 of the government of india act....section 1(2) of the criminal procedure code expressly lavs down that the provisions of the code would not affect anv special form of procedure prescribed bv anv ..... the authority says in para. 8:this iuxtaposition of section 1(2), criminal p. c. and section 6. criminal p. c. taken along with the government of india act, 1919, and the schedules thereto, clearly imply that the state legislature had power to make a law for establishing juvenile courts to try all juveniles, accused of ..... 1) of the bal adhi-niyam reads as below:section 4 (1): 'notwithstandnig anything contained in the code of criminal procedure. 1898 (central act no. 5 of 1898). the state government i lav. by notification, constitute for anv area specified in the notification, one or more juvenile courts for exercising the powers and discharging the duties .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1960MP330; [1961]43ITR184(MP)
..... does not alter the position. in shiv bahadur singh v. state of vindhya pradesh, air 1953 sc 394 it was pointed out that the provisions under the government of india act under which the instrument of accession had been executed keep the position of the provinces distinct from the position of the acceding states. it is thus clear that ..... dominion authority but strictly within the limits defined by the instruments of accession. outside those limits the autonomy of the states was in no way affected by the government of india act, 1935.this becomes clear on a perusal of the revised instrument of accession executed by the raj pra-mukh of madhya bharat on 19-7-1948 (see ..... that the provision had that effect. he contrasted the language of article 295(1)(b) of the constitution with that of sections 172 and 173 of the government of india act, 1935, and emphasized the significance of a provision for the first time for the devolution of obligations of indian states and said that the object of the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2009(1)MPHT99
..... state legislature. hence, the high court will have virtually no role to play on the report of the one-man commission appointed by the state government under section 3 of the 1952 act by the notification dated 18-7-2008 if and when submitted.21. by the two judgments of the supreme court in the first and second narmada ..... court has held that rehabilitation and resettlement of oustees of the sardar sarovar project is part of their fundamental right to life guaranteed under article 21 of the constitution of india, and through the r & r measures, the oustees must be better off after displacement. for this reason, the r & r measures in the narmada award inter alia ..... in those stone quarries and also to inquire about the conditions in which they were working.23. one of the preliminary objections raised by the respondents union of india was that in the proceedings under article 32, the court was not empowered to appoint any commission or an investigating body to inquire into the allegations made and .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2001(5)MPHT15
..... consideration. it is held that article 254(2) of the constitution has enlarged the powers of parliament as compared to govt. of india act. parliament can do what the central legislature could not under section 107(2) of the government of india act, and enact a law adding to, amending, varying or repealing a law of the state when it relates to a matter mentioned ..... up for consideration. proviso to section 38 of the said act empowered the state government to permit a person to practise allopathic system of medicine even though he does not possess recognised medical qualifications for that system of medicine. it was held to be repugnant to the provisions of all india medicine central council act and void to the extent of repugnancy. sections 15 .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1953]23ITR382(MP)
..... he, however, strongly relied on article 371 of the constitution to show that the limitations imposed on the powers of the dominion legislature under the government of india act, 1935, to legislate for the indian states, are also operative in relation to the parliament under the new constitution. this contention seems to me untenable ..... to a matter excluded from the legislative competence of the dominion legislature by virtue of an instrument of accession executed under section 6 of the government of india act, 1935. i also considered the question whether parliament could under the constitution give to its laws retrospective operation.i then observed that parliament had ..... acceding state only in accordance with the instrument of accession of that state and subject to the limitations contained therein. with the repeal of the government of india act, 1935, by the new constitution, which was accepted by the rulers of gwalior, indore and the covenanting states as the constitution for the united .....
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