Court : Rajasthan
Reported in : AIR1959Raj257
..... section 43 (1) separately. 11. the contentions nos. 2, 3 and 4 raised on behalf of the petitioners raise allied questions. the central legislature under the government of india act enacted the weekly holidays act (act no. xviii of 1942). it was brought into force in the area covered by the former state of ajmer. 12. we may examine some of the provisions of ..... the sixth contention raised on behalf of the petitioners. the act received the assent of the president on 25-6-1956, and was published in the gazette of india dated 5-7-1956. it provided in section 1(3) that it shall come into force on such date as the state government may by notification in the official gazette appoint in that ..... cannot be called a tax in the proper sense of the term. the legislature of the state of ajmer laid down the broad principles in the act, and left it to the state government to work out the details. the determination as to how much fee is to be paid for registration by the establishment is a matter of detail .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1951Raj45
..... a persona designata, even though he has the powers and privileges of a civil court; and hence he is not under the superintendence of the high court under section 107, government of india act.'similarly in keshav ramchandra v. municipal borough, jalgaon, a. i. r. (33) 1946 bom. 64 : (i. l. r. (1946) bom. 143), it was held ..... that a judge acting under section 15, municipal boroughs act is not a court, but a persona designata, and the high court has, therefore, no jurisdiction to revise his order under section 115, civil p. ..... wherein it has been held that where a judge of the karachi small cause court, as a persona designata under section 17, city of karachi municipal act, acts without jurisdiction, he ceases to act as a persona designata and becomes a court subordinate to the chief court under section 115, civil p. c., and the chief court has power to .....
Tag this Judgment!Court : Rajasthan
Reported in : 1976WLN745
..... iyengar air 1942 mad 221 (2), where in it was held that in respect of offences which come within the rules framed under the defence of india act; that act governs all other statutory provisions and therefore the provisions of the code of criminal procedure with regard to bail do not apply.11. reliance was also placed ..... a person charged with an offence under the defence of india rules and the defence of india act shall be governed by the special provisions contended in the defence of india rules, and shall not be controlled or governed by the criminal procedure code and section 37 of the defence of india act. it was further contended that a bare reading of section ..... recording of evidence and trial of the complaint shall be governed by the criminal procedure code, and that no such provisions have been made uoder the defence of india rules. it was also contended that the scheme of the defence of india act and the defence of india rules negatives the provisions for grant of bail unless the .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1968Raj249
..... )(a) of the constitution? it was contended for the respondents in that case that under sections 5 and 9 of the durgah khwaja sahab act, 1955 the government of india had the power of appointment' and removal of members of the committee of management as also the power to appoint the administrator in consultation with ..... ) by virtue of regulation 29 framed by the life insurance corporation under section 49 of the life insurance corporation act prohibiting its employees from standing for election to the legislatures.15. the government of india has provided capital for the corporation and has large powers of supervision and control over its management. the contention ..... committee of durgah endowment is to be appointed by the government of india but it is a body corporate with perpetual succession acting within the four corners of the act. merely because the committee of the members of the committee are removable by the government of india or the committee can make bye-law? prescribing the duties .....
Tag this Judgment!Court : Rajasthan
Reported in : 1950CriLJ1060
..... legislative list for ajmer-merwara, which is a chief commissioner's province under section 100(4), government of india act, i93fi.4. even otherwise, the chief commissioner did not enact any legislation. he just passed an executive order that certain foodgrains would not be ..... matter. the counsel for the applicants is obviously wrong in this for the india (central government and legislature) act, 1946, had already come into force from 1st april 1946. this act had partly repealed the government of india act, 1935, and allowed the central government to enact legislation in regard to certain provincial matters as well. further, ajmer ..... -merwara is not a governor's province, and the provisions of section 100(3), government of india act, 1935, do not apply to it. the central legislature has certainly powers to make laws with respect to matters enumerated in the provincial .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR2003Raj63; 2003(2)WLN28
..... of ordinance 43 of the ordinance of 1949 (?) as has been done by the apex court wherein article 227 was read in place of section 107 of the government of india act, 1915. ordinance 43 of the ordinance of 1949 reads as under:-- '43. power to call for returns, etc.--the high court shall have superintendence over all ..... the rajasthan high court ordinance which became act subsequently by the legislation. this act was to govern therefore, the jurisdiction of the court. the act having been repealed and no saving clause being provided, the effect of act stands obliterated and thus, the effect of providence of article 225 of the constitution of india has lost significance. thus, it can be ..... . hon'ble supreme court in another case reported in (1999) 7 scc 314 : (air 1999 sc 3504) union of india v. indian charge chrome has held that mere pendency of an application does not govern the law applicable and it is relevant law prevailing on the date of decision making which has to be applied. at this .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1951Raj94a; [1951]20ITR214(Raj)
..... operation of any enactment so repealed or affect any right or privilege acquired under any enactment so repealed. in accordance with the provisions of section 101, government of india act, referred to above, the power to legislate was exercisable only in accordance with the instrument of accession & the limitations contained therein. the instrument, of ..... its authority to impose any tax in the territories of rajasthan. this state of things continued till 26 1-1950 when the constitution of india was promulgated. by article 395, government of india act, 1935, together with all enactments amending or supplementing it, was repealed & by article 245(1) the power to make laws for the ..... to article 8, the rajpramukh wag to execute not later than 15-4-1949 an instrument of accession in accordance with the provisions of section 6, government of india act & in place of the instrument of accession of the former rajasthan states & it was made imperative that he shall by such instrument, accept as .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1951Raj1
..... published in the extraordinary issue of rajasthan gazette announced that the government of india act, 1935, so far as it related to the relations between the states and the dominion of india would stand repealed and that the constitution of india which was about to be adopted in india would be applied to the rajasthan states. it was further ..... which these appeals come, there was some civil procedure code or the other in force, which was analogous to the civil procedure code in force in india. neither such civil procedure code nor the charter or the act governing the high court concerned provided an appeal to the high court from its judgments by any of its benches except the single bench. ..... force would be abrogated on the coming into force of the said constitution. he then referred to the various provisions of the constitution of india to argue that the state government could not legislate on the subject of jurisdiction of the high court. it may at once be said that the discussion is not .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2004(3)Raj1788; 2004(4)WLC17
..... acquisition of the land. thereafter on november 03, 2002, the land acquisition officer (collector) issued a notice under section 9 of the la act whereby the government expressed its intention to take possession of the land and required the persons having interest therein to prefer their claims for compensation. the appellants being ..... to be the committee constituted under article 243zd of the constitution of india.82. acquisition of land.- when any land or right in land whether within or without the limits of the municipality, is required for the purpose of this act, the state government may, at the request and on behalf of the board, proceed ..... government at the instance of the jaipur development authority (for short 'jda'), which was not competent to deal with the public street/road and it was the jaipur municipal corporation (for short 'municipal corporation'), which was empowered under article 243w of the constitution of india, read with section 82 of the rajasthan municipalities act, .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2006(1)Raj878; 2006(2)WLC54
..... . the raj pramukh of united states of rajasthan in promulgating ordinance was not exercising power under section 88 of government of india act, 1935, but was exercising power as parent legislature, until legislative council was constituted.4. the power was exercised by raj pramukh of united states ..... is based on an assumption that raj pramukh, before the commencement of constitution was exercising legislative power in terms of section 88 of the government of india act 1935 only during the absence of session of legislative assembly and it was required to be placed before house when legislative assembly was convened.3 ..... of rajasthan which was an association of erstwhile india rulers which were not part of british india and were not governed by any of government of india act, 1935. they became part of union of india only on inauguration of constitution. the complete legislative powers which were conferred upon the .....
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