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Common Cause Vs. Union of India and Others

Court : Delhi

Reported in : AIR1999Delhi257; [1998(79)FLR954]

..... above position, ministry is not in a position to bring into force delhi rent act, 1995 act xxxiii/95 as assented to by the president of india.' 13. the power vested by the parliament in the central government by section 1(3) of the new rent act, which is in the category of the conditional legislation, has to be exercised ..... the union territories, and the same was also tabled before the parliament. on february 5, 1994 the president of india assented to the constitution (seventy-first amendment) act, 1994, in order to enable the state governments to set up state level rent tribunals for speedy disposal of rent cases. this was with a view to exclude the ..... have elapsed since it received the assent of the president of india. in several conferences and meetings of lawyers resolutions have been passed in the past requesting the central government to bring into force section 30 of the act. it is not clear whether the central government has applied its mind at all to the question whether section .....

Sajid Ali Vs. State and ors.

Court : Delhi

..... a division bench thereof appointed or constituted for such purpose of pursuance of section one hundred and eight of the government of india act, 1915.8. the government of india act, 1915 was repealed and re-enacted with modifications by government of india act, 1935. section 23 thereof preserved the powers under the pre-existing law including the one relating to any power ..... chief justice, are to constitute the several division courts.7. clause 26 of the letters patent (lahore) 1919 adopts the powers in section 108 of the government of india act, 1915, and reads as follows: clause 26: and we do hereby declare that any function which is hereby directed to be performed by the high court ..... this court, we wish to clarify the legal position with reference to the stature and rules applicable.6. the discussion, must start with section 108 of the government of india act, 1915. sub-clause (i) thereof states that each high court may, by it rules provide, as it thinks fit, for the exercise, by one or .....

H.R. Patel Vs. C.G. Venkatalakshamma and anr.

Court : Karnataka

Reported in : AIR1955Kant65; AIR1955Mys65

..... . he has also referred to the anomalies and difficulties attendant upon such an interpretation. 31. that decision is of course based on the provisions of the government of india act and the powers of the various legislatures given under it. those items are now determent under the'constitution, and the 'constitution' and 'organization' of the ..... of justice' has been the subject of discussion in : [1951]2scr51 (t), which was a case arising out of provisions similar to those of the government of india act, and mahajan j. has observed at page 83: 'it seems to me that the legislative power conferred on the provincial legislature by item 1 of list ..... question regarding the validity of any proceedings under the act. it was-contended before the federal court that that act was void under section 107, clause (1), government of india act, to the extent it conflicted with section 37, indian contract act, or section 9, civil p. c., or the limitation act. that contention was negatived by the federal court .....

Andhra Pradesh Oil Millers Association Limited, Kishen Gunj, Hyderabad ...

Court : Andhra Pradesh

Reported in : 1998(5)ALD704; 1998(5)ALT433

..... 20-7-1978 wherein it is stated that in exercise of the powers conferred under section 3 of the act, and the notification of the government of india in gsr no.316e dated 20-6-1972 and with the prior concurrence of the central government, the said order was made. under clause 3 of he said order, no person is permitted to ..... - in exercise of the powers conferred by section 5 of the essential commodities act, 1955 (10 of 1955), and in supersession of the order of thegovernment of india in the ministry of agriculture, (department of food) no.gsr, 315(e) dated the 20th june 1972, the central government hereby directs that the powers conferred on it by sub-section (1) of ..... being violative of articles 19(1)(g) and 301 of the constitution of india and also section 3(2)(f), section 3(3-b) and section 3(5) of the essential commodities act. the division bench held that the said directions are outside the purview of the state government under clause-12 of the 1982 order. the state carried the matter .....

Manohari Vs. State of Rajasthan

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 .....

Energy Watchdog Vs. Central Electricity Regulatory Commission and Ors. ...

Court : Supreme Court of India

..... the seller, or (ii) change in respect of ui charges or frequency intervals by an appropriate commission. provided that if government of india does not extend the income tax holiday for power generation projects under section 80 ia of the income tax act, upto the scheduled commercial operation date of the power station, such non- extension shall be deemed to be a change ..... , namely, the indian electricity act, 1910, the electricity (supply) act, 1928 and the electricity regulatory commissions act, 1998. the statement of objects of reasons for this act reads as follows: the electricity supply industry in india is presently governed by three enactments namely, the indian electricity act, 1910, the electricity (supply) act, 1948, the electricity regulatory commissions act, 1998. 1.1 the indian electricity act, 1910 created the basic framework .....

Common Cause Vs. Union of India (Uoi) and ors.

Court : Delhi

Reported in : 1999IIAD(Delhi)689; 78(1999)DLT638

..... the union territories, and the same was also tabled before the parliament. on february 5, 1994 the president of india assented to the constitution (seventy-first amendment) act, 1994, in order to enable the state governments to set up state level rent tribunals for speedy disposal of rent cases. this was with a view to exclude the jurisdiction ..... new rent act was published in the gazette of india, extraordinary, part ii, section i, dated august 23, 1995 as act no, 33 of 1995. thus, the bill was enacted into an act. however, the new rent act for coming into force requires a notification of the central government under section 1(3) of the act which provides that 'the act shall come ..... committee to defer further examination on the matter till the government takes a decision on the same. 4. that in view of the above position, ministry is not in a position to bring into force delhi rent act, 1995 act xxxiii/95 as assented to by the president of india.'5. thus, from the above said affidavit it is .....

Board of Governors St. Thomas School and ors. Vs. A.K. George and anr.

Court : Kolkata

Reported in : AIR1984Cal208,88CWN799

..... chief justice. high court at calcutta : air1972cal470 and it has been held that the letters patent of 1865 is not ultra vires the government of india act 1935 or of the indian independence act j947 and as such this letters patent is still in force being the law in force immediately before the commencement of the constitution within ..... 1956 andh pra 161 (fb) in re : putta ranganayakulu, that article 372 of the constitution saves laws in force in the territory of india, notwithstanding the repeal of the government of india act. a combined reading of article 225 and article 372 of the constitution indicates that the powers of the high court conferred on it by the ..... acts repealed or otherwise can be exercised after the constitution and the rule already made by the high court before theconstitution in exercise of .....

Dhone Gopal Mukherjee and ors. Vs. the Secretary, Land and Land Revenu ...

Court : Kolkata

Reported in : AIR1966Cal348

..... expired provisions, in these words, 'notwithstanding the expiration of the defence of india act, 1939, and the rules made thereunder ..... all requisitioned lands shallcontinue to be subject to requisition until the expiry of this act and the appropriate government may use or deal with any requisitioned land in such manner as may appear ..... one and would have expired on the expiration of the period mentioned in s. 4 of the india (central government and legislature) act, 1946, as extended subsequently. before the said period could expire, the government of india, however, made the requisitioning and acquisition of immovable property ordinance (iii of 1952) which continued the ..... acquire such land (i.e., land already under requisition under the defence of india rules) under the land development andplanning act', to which plea, i shall advert presently. 18. the contention of the learned additional government pleader that the petitioners could not get relief by way of release from requisition and .....

Software Technology Parks of Vs. Ito, Tds-1

Court : Income Tax Appellate Tribunal ITAT

Reported in : (2005)3SOT529(Bang.)

..... it can be said that the beneficiaries are public at large and not the government of india. the assessee cannot be treated as government department also as under the scheme of income tax act, government departments are not subject to any income-tax on its income. under the various schemes of government, if a unit set up for export of software, various benefits are conferred upon ..... exemption under sections 10a, 10b, 80hhc, 80hhe, etc. to ensure that the units comply with the directives of the government these units to claim exemption/ deduction under the income tax act are required to be registered with the software technology parks of india, le., the assessee before us. thus the assessee is to monitor such units and work for the development of such .....