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Judgment Search Results Home > Cases Phrase: madras state alteration of name act 1968 repealed section 4 amendment of article 31a article 168 and article 290a of the constitution

Oct 30 1998 (HC)

A.V. Amarnathan and Another Vs. Registrar (Judicial), High Court of Ka ...

Court : Karnataka

Reported in : AIR1999Kant404; ILR1999KAR478; 2000(1)KarLJ205

..... , by single judge from whose decisions appeals lie to division benches.23. the parliament enacted the mysore state (alteration of name) act, 1973, which provides, inter alia, that the state of mysore shall be known as the state of karnataka. under the karnataka adaptation of laws order, 1973, (made in exercise of the powers conferred ..... the extent determination. such reconstitution of benches can take place only if the chief justice specially determines accordingly'.39. again, a full bench of the madras high court in mayavaram financial corporation limited v registrar of chits , opined:'the hon'ble chief justice has the inherent power to allocate the judicial business ..... was extended to the transferred territory. under the state reorganisation act of 1956 ('s.r, act', for short) the new state of mysore was formed consisting of the territories of former states of mysore and coorg and certain territories of the state of madras and of former states of bombay and hyderabad.18. section 49 of the .....

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Sep 26 2018 (SC)

Justice k.s.puttaswamy(retd) Vs. Union of India

Court : Supreme Court of India

..... v. union of india, ministry of law & ors.106 where the court dealt with the matter in the following manner: 122. in state of madras v. v.g. row [state of madras v. v.g. row, air1952sc196:1952. cri lj966, the court has ruled that the test of reasonableness, wherever prescribed, should be ..... the rights and liberties of the citizens which the constitution of india guarantees. it is intrusive in nature. at its core, aadhaar alters the relationship between the citizen and the state. it diminishes the status of the citizens. rights freely exercised, liberties freely enjoyed, entitlements granted by the constitution and laws are ..... objective and irrefutable material 117 and, unlike photographs, were unintelligible to the untutored eye and without a comparator fingerprint. while true, this consideration cannot alter the fact that fingerprints objectively contain unique information about the individual concerned allowing his or her identification with precision in a wide range of circumstances. they .....

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Dec 20 2011 (HC)

Sehajdhari Sikh Federation Vs. Union of India and Others

Court : Punjab and Haryana

..... of such statute and the said power is not equivalent to the legislative power conferred by the constitution on parliament or a state legislature. the power to `modify' a statute permits cosmetic changes or minor alterations in a statute; b. the right to vote under section 49 or section 92 of the 1925 act was given to ..... or its delegate in the matter of enactment of subordinate or ancillary legislation; c. pj irani v. state of madras, air 1961 sc 1731 wherein the government order purportedly issued in exercise of powers conferred by section 13 of the madras buildings (lease and rent control) act, 1949 granting exemption from the provisions of the act to ..... charitable endowments act continued to apply to south kanara district which was formerly a part of the state of madras but was transferred to the state of mysore under the states re-organization act, 1956. the challenge to the application of madras act to one district only on the plea that it offended article 14 was turned down observing .....

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Jul 29 1953 (HC)

R.M. Seshadri Vs. the Province of Madras, Represented by the Chief Sec ...

Court : Chennai

Reported in : AIR1954Mad543; (1954)IMLJ206

..... master. r. m. seshadri filed c. s. no. 541 of 1949 on the original side of this court for a declaration that the order of the defendant (state of madras dated 7th august 1947 terminating his service as a member of the indian civil service was 'ultra vires' its powers, illegal and void, and directing it to restore ..... other provisions of this constitution, all the laws in force in the territory of india immediately before the commencement of this constitution shall continue in force therein until altered or repealed or amended by a competent legislature or other competent authority.2. for the purpose of bringing the provisions of any law in force in the ..... ) with some care. under article 372 of the constitution the laws in force in the territory of india immediately before the commencement of the constitution shall continue until altered or repealed by a competent legislature or authority. the words "laws in force" are not defined for the purpose of part xxi of the constitution though for the .....

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Jan 16 1969 (HC)

City Municipal Council, Bellary Vs. Union of India Owning Southern Rai ...

Court : Karnataka

Reported in : AIR1970Kant37; AIR1970Mys37; ILR1969KAR491; (1969)2MysLJ167

..... reason that no such new impost was made by the municipal council of bellary which preserved the old impost made under the madras act although the quantification of the tax imposed under its provisions was suitably altered so as to bring it into conformity with the formulas which the mysore act incorporated.31. the question, therefore, is ..... tax. the genuineness of this letter was not disputed by mr. nanjundiah appearing on behalf of the union government although he explained to us that what was stated in that letter was attributable to a mistaken impression in them and of the general manager of the southern railways administration. but, as already explained by us, ..... may continue to be levied' occurring in article 277 cannot receive the same meaning which the expression 'so long as that lax continues to be levied in that state' occurring in article 285(2) should be given. article 277 authorises the continuance ol the levy of an old tax which was lawfully imposed before the commencement .....

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Aug 29 1962 (HC)

Vallabhdas Kanji (P.) Ltd. and ors. Vs. the Sales Tax Officer, Special ...

Court : Kerala

Reported in : AIR1963Ker202

..... was applicable to the t. c. area and the malabar area which originally formed part of the madras state and came into the kerala state, was governed by the madras general sales-tax act, 1939, (act 9 of 1939).49. after the formation of the kerala state, the kerala legislature passed the travancore-cochin general sales-tax (amendment) act, 1957, (kerala act ..... absolutely no jurisdiction over the malabar area which was then part of the madras state. kerala act 12 of 1957 repeals the act which ,was in force in the malabar area and though it is stated that act 11 of 1125 is extended to the entire state, the real effect of this legislation, is of malting a new law ..... a notification provided for in the act itself, does not in any way alter the situation. the learned advocate general relied upon the decision of the learned chief justice and mr. justice venkatararjia lyer, as he then was, reported in, kutti koya v. state of madras, air 1954 mad 621 and the full bench decision of this court reported .....

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Feb 02 1996 (SC)

Indian Aluminium Co. Etc. Etc. Vs. State of Kerala and Others

Court : Supreme Court of India

Reported in : 1996IIAD(SC)137; AIR1996SC1431; JT1996(2)SC85; 1996(1)SCALE780; (1996)7SCC637; [1996]2SCR23

..... basis of the decision rendered by the high court so that the decision could not have been given in the altered circumstances.42. in i.n. saksena v. the state of m.p. : (1976)iillj154sc , the state government amended its memorandum to compulsory retire a government servant on attaining the superannuation of 58 years. however, it ..... disregard the decision given by the courts. section 152-a(3) was declared unconstitutional.49. in state of tamil nadu and anr. v. m. rayappa counter : air1971sc231 in a writ, the madras high court had held that the state had no power to reassess the escaped turnover under the entertainment tax act, 1939. in 1966, ..... additional tax. the whole proceeds of any such charge were to form part of the revenue of the state. in c.v. rajagopalachaiar v. state of madras : air1960mad543 , in the context of the madras land revenue surcharge act, 1954 and the madras land revenue (additional surcharge) act, 1955, interpretation of the word 'surcharge' came up for consideration. .....

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May 17 1977 (HC)

Delhi Transport Corporation Vs. D.D. Gupta and anr.

Court : Delhi

Reported in : (1978)ILLJ122Del

..... reasonable and sensible application without extending them to subjects specially dealt with by earlier legislation, you are not to hold that earlier and special legislation indirectly repealed, altered, or derogated from merely by force or such general words, without any indication of a particular intention to do so. there is a well-known rule ..... i have given full reasons above.20. i may mention that this very question has been very elaborately dealt with in the judgment delivered by ismail, j, of the madras high court in southern roadways (private) ltd. v. d. venkateswarlu and anr. (1970) 37 f.j.r. 317, which has been affirmed by a division ..... maxim is, generalia specialibus non derogant, i.e., general provisions will not abrogate special provisions.it is unnecessary to continue this analysis to any greater extent. shortly stated, the rule is that if there are two statutes which are repugnant to each other which cannot consistently stand together, the later statute repeals the earlier one .....

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Mar 25 1983 (HC)

Moulvi Mohammed and ors. Vs. S. Mohaboob Begum

Court : Chennai

Reported in : AIR1984Mad7; (1983)IIMLJ357

..... cases where the parties -are muslims shall be the muslim personal- law (shariat), hence, in respect of these enumerated m alters, custom or usage to the contrary shall stand abrogated-, (ii) section 3 (1) of the shariat act states that a person who satisfies the prescribed authority -about, the three ingredients set out in cls (a) .(b) and ..... cases where no specific rule exists, the court shall act according to justice, equity and good conscience.' we find that clause (b) of section' 16 of the madras-- act iii of 1873 contemplates that any custom having the force of law and governing the parties or property concerned 'shall form the rule of decision in respect of ..... law (shariat) application act 26 of 1937, hereinafter referred to as the shariatact. learned counsel for- the respondent drew my attention to section 2, as amended by the madras shariat (amendment) act 18 of 1949 and section 3 (1) of the shariat act, and they run as follows-.'2. notwithstanding any custom or usage to the contrary .....

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Apr 26 1962 (HC)

Sebastia Pillai Vs. V.E.K. Kadher Meera Rowther and anr.

Court : Chennai

Reported in : (1962)2MLJ530

..... case in bappu iyer v. ranganayaki (1955) 2 m.l.j. 302 where a question arose as to the retrospective operation of a definition clause introduced by the madras state legislature so as to make the term ' property ' in the hindu women's right to property act, 1937, enacted by the central legislature to include agricultural land as ..... down of the decree debt. section 7 of the madras merged states act, 1949, says that it is competent for the court for the purpose of facilitating the application in any merged state of any enactment to construe such enactment brought into force by reason of the merger with such alterations not affecting the substance as may be necessary or ..... such enactment with such alterations not affecting the substance as may be necessary or proper to adapt it to the matter before? the court or other authority.4. the result of these provisions so far as the present case is concerned is that madras act iv of 1938 came into operation in the erstwhile pudukottah state as on and .....

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