Judgment Search Results Home > Cases Phrase: government of india act 1935 repealed section 86 restrictions on discussion in the legislature Page 8 of about 525 results (0.182 seconds)

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 it repealed the punjab limitation (ancestral land alienation) act, 1900.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 punjab agricultural custom, is so far as it was applicable to hindus, was no longer in force as regards the matters of succession which were now governed by the provisions of that act taro v. darshan singh , hansraj v. dhanwant singh , banso v. charan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 .....

Shayara Bano Vs. Union of India and Ors. Ministry of Women and Child D ...

Court : Supreme Court of India

..... the following observations:223. /p> 13. that this distinction is recognised by the legislature is clear if one looks to the language of s. 112, government of india act, 1915. that section deals with the law to be administered by the high courts and it provides that the high courts shall, in matters of inheritance and ..... purview of the bill, and the other concerning the amplification of the word "divorce". as succession to agricultural land is an exclusively provincial subject under the government of india act, 1935, it had, much against my wish, to be excluded from the bill. having regard to the different forms of dissolution of marriage recognised by the ..... , embedded in their personal law . insofar as the instant aspect of the 42 138 matter is concerned, reference was also made to section 112 of the government of india act, 1915, wherein a clear distinction was sought to be drawn between personal laws and customs having force of law . section 112, aforementioned is extracted hereunder: 112 .....

Mohammad Bhudan Khan and ors. Vs. the State of Andhra Pradesh, Hyderab ...

Court : Andhra Pradesh

Reported in : AIR1959AP237; [1959]10STC263(AP)

..... power of the dominion parliament of canada, in relation to that of a provincial legislature corresponding to a situation to that under section 107 of the government of india act, 1935, lord watson remarked that while the dominion parliament could make laws within its competence so as to override provincial legislation, it could not directly ..... clear that the powers of the governor general derived under section 72 of the government of india act, 1935, were coextensive with those of the indian central legislature. however, that need not detain us, as we are not confronted with such a situation ..... when a similar question arose in emperor v. benoari lal, air 1945 pc 48, the judicial committee decided that the governor-general, acting under section 72 of the government of india act, 1935 may repeal or alter the ordinary law just as the indian legislature itself could do. the pronouncement of the privy council makes it .....

Vadapalli Sattaiah Vs. Custodian, Evacuee Property, Govt. of A.P., Hyd ...

Court : Andhra Pradesh

Reported in : AIR1961AP477

..... the suit and that he did not choose to contest the same. it is argued that neither the act nor the rules permit the custodian to take shelter under an arbitrary decision of the ministry of rehabilitation, government of india not to make payments of third party claims. he relies upon the provisions of section 10 of ..... . debts of the evacuee to the third parties need not be paid on account of the amendment made by the central act 91 of 1956. this is how the learned government pleader justifies the notification-of the ministry of rehabilitation government of india, above quoted.7. it should however be noted that in the amendments made by the central ..... the administration of evacuee property act, 1950 (central act no. xxxi of 1950) hereinafter referred to as the act. the provisions of section 10 so far as they are .....