Judgment Search Results Home > Cases Phrase: government of india act 1935 repealed section 68 vacation of seates Page 7 of about 328 results (0.290 seconds)

The State Vs. Judhabir Chetri

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 .....

Emperor Vs. Kantilal Mangaldas

Court : Mumbai

Reported in : (1944)46BOMLR54

..... within the competence of the indian legislature. that depends on whether such enactment falls within any of the three lists in the seventh schedule of the government of india act. the central government can at the present time legislate in matters included in any of the three lists. i fed no doubt that a validating enactment of this ..... 's decision, ordinance xix of 1943, which is the impugned ordinance, was promulgated by the governor general under section 72 in the ninth schedule of the government of india act. the ordinance by section 2 repeals the special courts ordinance ii of 1942. section 4 directs that proceedings in all cases pending under the ordinance, the ..... a question arises how far the governor general is entitled to amend the provisions of the criminal procedure code. the code was enacted prior to section 292 of the government of india act. unless amended or repealed by a competent legislature, the code would stand. the whole scheme of the code is that a person can be put on .....

Marutrao Pandurang Zende Vs. Eknath Shivram Jagtap

Court : Mumbai

Reported in : (1979)81BOMLR234

..... judge noted that immediately after the disposal of the suit and during the pendency of the appeal the provisions of the bombay rent act were withdrawn by the government by a notification. relying upon the judgment of the supreme court in qudrat ullah v. bareilly municipality : [1974]2scr530 , ..... buildings (regulation of letting, rent and eviction) act, 1972, hereinafter referred to as 'the 1972 act'. section 2 of this act exempted from the operation of the act any building belonging to or vested in the state government or the government of india or any local authority. under this act, therefore, a building belonging to municipal board ..... (original plaintiff) was exempted from the provisions of the said act. section 43 of the 1972 act repealed the act .....

Darshan Singh Vs. Ram Pal Singh and Another

Court : Supreme Court of India

Reported in : AIR1991SC1654; JT1990(4)SC561; 1990(2)SCALE1114; 1992Supp(1)SCC191; [1990]Supp3SCR212

..... to alienation of ancestral immovable property and appointments of heirs by persons who follow custom in punjab. that act was passed after obtaining previous sanction of the governor general under section 89(2) of the government of india act, 1915. it was the outcome of proposals by the punjab customary law conference convened by the lieutenant ..... governor in 1915. it repealed the punjab limitation (ancestral land alienation) act, 1900. section 5 of the act provided for dismissal of suits of the descriptions specified ..... punjab agricultural custom, is so far as it was applicable to hindus, was no longer in force as regards the matters of succession which were now governed by the provisions of that act taro v. darshan singh , hansraj v. dhanwant singh , banso v. charan singh ; kaur singh v. jaggar singh ; kalu v. nand singh .....

Bhanwar Lal and ors. Vs. State of Rajasthan and anr.

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 .....

Sree Rajendra Mills Limited and Others Vs. Income-tax Officer, Central ...

Court : Chennai

Reported in : AIR1958Mad220; [1957]32ITR439(Mad)

..... contained in section 173(4) of the government of india act, 1935, has to be viewed and understood. the government of india act, 1915, which consolidated the previous enactments relating to the constitution of the government of india, as amended by the government of india act, 1919, having been repealed by the government of india act, 1935, there was a need to continue ..... , the dominions of india and pakistan. section 18 of the indian independence act, which no doubt enabled the existing law which was in force in british india to continue in operation in the dominion of india, which newly emerged, without a provision in terms of section 173(4) of the government india act, 1935, is not ..... leaving a gap to be bridged. thus understood it would be seen that it was not section 173 of the government of india act, 1935, which vested in the central government, constituted by the government of india act, 1935, the right to the arrears of tax which accrued or arose prior to 1st april, 1937. the function .....

R. Gandhi and anr. Vs. Union of India (Uoi) Rep. by the Ministry of La ...

Court : Chennai

Reported in : 1997(3)CTC255

..... purpose or object while conferring the power in limiting its qua the jurisdiction already possessed by the high court, when in the other provisions of the government of india act, it was contemplated that the existing jurisdiction was subject to the legislature power of the governor general and the jurisdiction conferred on the high court was ..... observations which are profitable to understand the dispute raised before us. the supreme court has said after quoting sub-section (1) of section 108 of the government of india act, 1915.this section is an enabling enactment and confers power on the high courts of making rules for the exercise of their jurisdiction by single judges or ..... which we shall presently refer, that the said tax is essentially in the nature of octroi which was being levied by the local authorities prior to the government of india act, 1935, octroi was levied by the local authorities to raise money for their own purposes, it was meant to meet the financial needs of the local .....

Monnet Ispat and Energy Ltd. Vs. Union of India and ors.

Court : Supreme Court of India

..... (2) added on december 10, 1964 by a notification of governor in the bihar minor mineral concession rules, 1964 were in issue. the court referred to the government of india act, 1935, 1948 act and 1957 act in light of entry 54 of list i and entry 23 of list ii and the earlier decisions in hingir-rampur coal co. ltd.a and m.a ..... about law making in relation to mines and minerals 101. entry 36 in list i (federal list) and entry 23 in list ii (provincial list) in the seventh schedule of government of india act, 1935 correspond to entry 54 in list i (union list) and entry 23 in list ii (state list) in our constitution. it is interesting to note that in the ..... scheme of the distribution of legislative power between the centre and the states is not new but is merely a continuation of the state of affairs which prevailed under the government of india act, 1935 which included a provision on the lines of entry 54 of the union list which then bore the number item 36 of the federal list and an entry .....

State Vs. Sheo Prasad Jaiswal

Court : Allahabad

Reported in : AIR1956All583; 1956CriLJ1149

..... will be an additional ground in support of the decision of the sessions judge.in exercise of the powers granted under section 102, government of india act, 1935, the defence of india act was enacted and the u.p. oilseeds and oilseeds products control order related to the subject-matter contained in the provincial list of the ..... 5-1-1948.unless something had already been done prior to that date, no prosecution could commence under the defence of india rules after that date. section 102, sub-section (4), government of india act, under the provisions of which the prosecution which had already commenced may have been justified and continued, was itself repealed by ..... a subsequent statute. but section 3, general clauses act does not apply to a case where the earlier act dies a natural death. in the present case, however, section 6, general clauses act will not apply in terms as the government of india act, under which the defence of india act was kept alive, was itself repealed by the constitution .....

M/S. S. K. G. Sugar Ltd. Vs. State of Bihar and ors.

Court : Supreme Court of India

Reported in : (1974)3CTR(SC)223

..... 52 of the state list (ii) in the 7th schedule of the constitution which corresponds to entry 49 of the provincial legislative list (list ii) of the government of india act, 1935. the central act 10 of 1955 which purported to reenact the former permanently, in so for as it provided for regulation of production, supply and distribution of sugar-cane - a ..... occupier of a factory;provided that such tax shall not be payable in respect of sugarcane for which a cess imposed under clause (a) is payable.'5. the government of bihar, acting under this section, issued and published a notification on october 21, 1963 in the gazette whereby cane cess and purchase tax at certain rates were levied in the ..... challenged by a writ petition in the high court of patna which by its judgment, dated july 4, 1966 in a. k. jain and anr. vs. union of india held act 7 of 1937 and the rules framed thereunder to be unconstitutional and invalid. on appeal against that judgment this court in a. k. jain and other vs. union .....