Court : Supreme Court of India
Reported in : 1996IVAD(SC)504; JT1996(4)SC45; 1996(3)SCALE306; (1996)3SCC741; [1996]Supp1SCR1
..... as a result of which france ceded to india the sovereignty of its territories namely; pondicherry, karikal, mahe and yaman. the aforesaid four territories constituted the pondicherry union territory.5. on 16.8.1962, the pondicherry administration ordinance, 1962 was passed which was replaced by the pondicherry administration act, 1962. by section 4 of this act, all laws in force immediately before the appointed day in the former french establishments were ..... in accordance with the provisions contained in or made under the municipal decree and notwithstanding the provisions of section 7 of the pondicherry (administration) act, 1962 (central act 49 of 1962), or of any provision of any act passed by the legislature of the union territory of pondicherry, the municipal decree shall have, and shall be deemed to have had on and from the 16th day of august .....
Tag this Judgment!Court : Chennai
Reported in : AIR1970Mad424; (1970)2MLJ307
..... exercise of this court's jurisdiction under article 226 of the constitution. section 9 of the pondicherry administration act, which extended the jurisdiction of this court to pondicherry, came into force on 6th november 1962. it seems to us, therefore, that the constitution itself would have no operation to pondicherry state before its de jure merger. article 1(3) of the constitution defined what the territory ..... 's jurisdiction was extended only by section 9 of the pondicherry administration act, 1982, we are of the view that it could not be applied retrospectively, that is to say, in such a manner as to reach administrative or quasi-judicial orders which were passed before and had become final prior to 6th november 1962. state of uttar pradesh v. mohammad nooh, air 1958 sc .....
Tag this Judgment!Court : Chennai
Reported in : (2008)2MLJ348
..... ) refers to ''appointed day' meaning the 16th day of august, 1962, being the date of entry into force of the treaty of cession.'37. section ..... settlement of chandernagor, mahe and yanam.35. in the pondicherry code volume-i (published by the law department, government of pondicherry) the schedule (see section 1(3) para 1) page 350 refers the year 1952, no. 53 as the notaries act, 1952.36. the pondicherry (administration) act, 1962 (act 49 of 1962) dated 05.12.1962, to provide for the administration of pondicherry and for matters connected therewith, definition section 2 (b .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2005SC1038; 2005(5)ALLMR(SC)803; (2005)3CALLT71(SC); 2005(2)CTC708; 2005(2)ESC173; [2004(102)FLR642]; JT2005(2)SC137; (2005)3MLJ1(SC); (2005)3SCC1; 2005(2)SLJ347(SC); 20
..... constitution, mean the president; and shall include,(i) .... .... ....(ii) .... .... ....(iii) in relation to the administration of a union territory, the administrator thereof acting within the scope of the authority given to him under article 239 of the constitution.section 3 of the pondicherry (administration) act, 1962 :3. officers and functionaries in relation to pondicherry. without prejudice to the powers of the central government to appoint from time to ..... time such officers and authorities as may be necessary for the administration of pondicherry, all courts, tribunals, authorities and officers, whether in india or in the former .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT2009(8)SC339; (2009)7SCC561; 2009(8)LC3627(SC)
..... not justified in pressing into service those provisions. an attempt was made to demonstrate that in terms of section 5 of the pondicherry (administration) act, 1962 all properties and assets in the state of pondicherry vest with the union and, therefore, the government of pondicherry has no right to deal with the same in any manner.24. it is relevant to notice that the union territory ..... from french republic to the republic of india can have no bearing on the powers of government of pondicherry to dispose of land in accordance with the provisions of the constitution. further, it is to be noticed that the entire pondicherry administration act, 1962 was a transitional act for transfer of power from the french republic to the republic of india, which is evident from the .....
Tag this Judgment!Court : Chennai
Reported in : [1974]97ITR193(Mad)
..... became applicable only from the date on which they were extended to pondicherry either under section 8 of the pondicherry administration act, 1962 (act 49 of 1962), or under article 240 of the constitution of india. since the estate duty act was extended to pondicherry by the taxation laws (extension to union territories) regulation no, 3 ..... notice at this stage the provisions of central act 49 of 1962 and central regulation 3 of 1963. the pondicherry administration act, 1962 (act 49 of 1962), came into force on august 16, 1962. section 4(1) of this act provided that all laws in force immediately before august 16, 1962, in the former french establishments or any ..... this generality of the provision in section 5, that excludes certain properties situate outside india. the provisions of the pondicherry administration act, 1962, provided for the continuance of the laws in force in pondicherry until amended or repealed by a competent legislature. sections 3(1) and 3(3) of regulation 3 of 1963 .....
Tag this Judgment!Court : Chennai
Reported in : AIR1968Mad298
..... 1963 and the second termed the pondicherry judicial officers (qualifications) rules 1963, promulgated by the president of india on 5-10-1963, and that the appointments were ..... the government of pondicherry as well as the union of india, (respondents 1 and 2) that these appointments were made in the wake of two notifications, the first promulgated by the central government by virtue of the powers conferred on it under s. 4(2) of the pondicherry (administration) act 1962 dated 12-10- ..... replaced by the notification of central government earlier referred to under sec. 4(2) of the pondicherry (administration) act 49 of 1962; it is this decorate which originally provided for the classification of courts in french colonial territories including pondicherry' and the qualifications of the judiciary. there is another decorate, dated 12-6-1947, .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1962SC797; [1962]Supp1SCR981
..... government of france. by an agreement between the government of india and france, the administration of pondicherry was transferred to the government of india as from november 1, 1954. the government of india had been exercising power in pondicherry since, under the foreign jurisdiction act, 1947. the chief commissioner of pondicherry is an officer of the government of india appointed under the powers derived as ..... exercised any executive, legislative or judicial authority since the said agreement. the jurisdiction of the government of india over pondicherry extends to making all arrangements for its civil administration. the administration of the territory is being carried on under the foreign jurisdiction act, 1947, and in accordance with the french establishments (administration) order, 1954, and other orders made under sections 3 and 4 of that .....
Tag this Judgment!Court : Chennai
Reported in : (1978)1MLJ28
..... on 28th december, 1962, pondicherry was included as a union territory. on 1st july, 1963 act xx of 1963 was brought into force in pondicherry.15. by pondicherry (laws) regulation which was promulgated in exercise of the ..... , shall have the same force and effect as an act of parliament which applies to that territory.this article may be referred to for the sake of completion.14. on 16th august, 1962 the de jure transfer of the union territory of pondicherry took place. by central act xlix of 1962, pondicherry (administration) act, 1962 making provision for the administration of pondicherry was passed. by virtue of the 14th amendment passed .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1967SC1480; [1967]2SCR650; [1967]20STC215(SC)
..... possession, but was transferred to the suzeranity of the government of india. the de jure transfer became effective on 16th august, 1962, when the administration of the territory vested in the government of india. on 5th december, 1962, parliament enacted the pondicherry administration act (no. 42 of 1962) constituting it as a separate centrally-administered unit. on 10th may, 1963, a legislative assembly was set up for ..... and bhargava j. was delivered by bhargava, j. shelat, j. on august 16, 1962 the administration of pondi- cherry became vested in the government of india by virtue of de jure transfer. the pondicherry administration act, 42 of 1962 constituted that territory as a separate centrally administered unit and under the union' territories act, 20 of 1963 a legislative assembly wag set up for that area. the .....
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