Court : Punjab and Haryana
Reported in : AIR1988P& H281
..... union territory. after providing for various matters connected with reorganisation of the states. the act contained three material provisions relating to adaptation of laws. extension of laws and the application of laws. the three sections relating to these are sections 87, 88 and 89 and they read as follows:--'87. power to extend enactments to ..... impermissible delegation a of legislative power.14. learned counsel for the. petitioners, however, relying on the decision of b. shama rao v. union territory of pondicherry, air 1967 sc 1480, contended that a statutory provision authorising the executive to extend, future taws to the new territories would be unconstitutional. as may ..... . the contention of the petitioner in that case was that the principal act was void and was a still-born legislation by reason of the pondicherry legislature having abdicated its ! legislative function in favour of the madras state legislature, that such abdication resulted from the wholesale adoption of the madras .....
Tag this Judgment!Court : Chennai
Reported in : AIR1993Mad190; [1995]82CompCas302(Mad)
..... the states, the subject-matter under consideration was governed by the local was enacted by the legislatures of the state concerned and to some places by extension of laws of the other states. be that as it may, it can be safely stated that there was no ..... state of tamil nadu. with appropriate changes, this act was adopted, with effect from 15th july, 1964, in the union territory of delhi. the union territory of pondicherry has the pondicherry chit funds act, 1966, which came into force from 1st august, 1967. in kerala, the travancore chitties act of 1964, and cochin kuris regulations, 1932, are ..... chit companies, associates, federations, individual etc. and the committee also heard the representatives of the state government of tamil nadu, karnataka, kerala and the union territory of pondicherry. since the committee felt that sufficient number of subscribers were not forthcoming for tendering oral evidence, they decided to extend the time for receiving memoranda and receiving oral evidence .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1997SC2847; JT1997(1)SC40; 1996(9)SCALE613; (1997)7SCC339; [1996]Supp10SCR472
..... had challenged the vires of a regulation by which the president had, in exercise of powers under article 240, repealed the laws in force in relation to income-tax within the union territory of pondicherry and had made the income-tax act, 1961 applicable to it. explaining that parliament, and through it the president, had ..... principle of immunity from intergovernmental taxation as it stood in the united states of america and the fact of its incorporation in draft article 264; he sought the extension of the doctrine to states as well. while allaying their apprehensions, mr. alladi krishnaswami ayyar noted the fact that the australian, canadian and american constitutions had ..... union and the state legislatures. even if the submission that municipalities now possess, under part ixa of the constitution, a higher juridical status is correct, the extension of that logic to the proposition that they have plenary powers to levy taxes is not, as is clear from a perusal of relevant part of article 243x .....
Tag this Judgment!Court : Chennai
Reported in : AIR1978Mad171
..... its legislative function, which could not be supported. indeed, the argument of mr. setalvad was accepted that there could be valid delegation to adopt other state laws by extension'.5. it is exactly the situation as was mentioned in the madras case cited above that is obtainable in this instant case. therefore, it does not suffer ..... of the principal act. it was contended on behalf of the petitioner that the principal act was void and was still-born legislation by reason of the pondicherry legislature having abdicated its legislative assembly function in favour of the madras state legislature, such abdication resulted from the wholesale adoption of the madras act as ..... its legislative functions to the legislative assembly of tamil nadu. therefore, in view of the decision of the supreme court in shama rao v. union territory of pondicherry : [1967]2scr650 this act cannot be enforced against the petitioner. it is this contention which is also urged during the hearing of the writ petition.4. .....
Tag this Judgment!Court : Chennai
Reported in : (1977)2MLJ481
..... legislative function, which could not be supported. indeed, the argument of mr. setalvad was accepted that there could be valid delegation to adopt other state laws by extension.it is exactly the situation mentioned in the madras case cited above that is obtainable in this instant case. therefore, it does not suffer from the vice ..... the principal act. it was contended on behalf of the petitioner that the principal act was void and was still-born legislation by reason of the pondicherry legislature having abdicated its legislative assembly function in favour of the madras state legilature, such abdication resulted from the wholesale adoption of the madras act as ..... its legislative functions to the legislative assembly of tamil nadu. therefore, in view of the decision of the supreme court in shama rao v. union territory of pondicherry : [1967]2scr650 , this act cannot be enforced against the petitioner. it is this contention which is also urged during the hearing of the writ petition.4 .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1992SC522; JT1991(4)SC361; 1991(2)SCALE1049; [1991]Supp2SCR497
..... thereon.71. in support of his contention he also referred us to the opinion expressed by this court in re: the delhi laws act, 1912, the ajmer-merwara (extension of laws) act, 1947 and the pan c states (laws) act, 1950 [1951] scr 747. for the reasons which follow, we are unable to accept this contention. in the first ..... since it was specifically referred to it. the ordinance further has an extra-territorial operation inasmuch as it interferes with the equitable rights of tamil nadu and pondicherry to the waters of the cauvery river. to the extent that the ordinance interferes with the decision of this court and of the tribunal appointed under the ..... of statements of cases and also required the states of karnataka and kerala to submit their replies to the applications for interim reliefs made by tamil nadu and pondicherry. by september 1990, all the disputant states submitted their first round of pleadings or statements of cases. by november 1990, karnataka and kerala also submitted their .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1995SC1476; JT1995(4)SC34; 1995LabIC1818; 1995(2)SCALE842; (1995)4SCC141; [1995]3SCR561; 1995(2)SLJ235(SC)
..... send the copy of this order to chief secretary and district judge, pondicherry before 9.8.94.3. the enquiry by the district judge, pondicherry, unfortunately took some time and this court granted extension of time for submitting the report. there is only one district judge in pondicherry. he has submitted a report containing 40 pages (56 paragraphs). in ..... be borne in mind in appreciating the testimony of the victims of sexual offences. in bharwada bhoginbhai hirjibhai v. state of gujarat : 1983crilj1096 this court stated the law thus:on principle the evidence of a victim of sexual assault stands on par with evidence of an injured witness. just as a witness who has sustained an ..... learned district judge is to the effect that the evidence (statements) of the appellant are not corroborated by other material. it is rather surprising that the law laid down by this court in a series of decisions from 1952 as to whether there is any need to insist upon corroboration to the testimony of prosecutrix .....
Tag this Judgment!Court : Chennai
Reported in : AIR1984Mad271
..... laid down that in so far as christians in the state of pondicherry are, concerned, they are governed by the hindu customary law and as the hindu succession act does not apply to christians in that state, the law of succession applicable would be the customary hindu law prevalent in pondicherry prior to the extension of the hindu succession act. this decision lays down the inapplicability ..... succession by the, enactment of the hindu succession act, 1956, extended to the pondicherry territory in 1962. unfortunately, even this extension of the provisions of the hindu succession act, 1956 to the territory of pondicherry was of no avail with reference to the christians governed by the customary hindu law, as in this case. with reference to such persons, the applicability of the customary .....
Tag this Judgment!Court : Chennai
Reported in : (1993)2MLJ50
..... the constitution of the selection committee including therein the chief justice or a judge of the high court deputed by him, chief secretary to government, pondicherry administration, secretary, law department, pondicherry, and the head of the judicial department, pondicherry.15. rule 11 of the rules prescribes the qualifications for direct recruits to the junior scale specifying, (i) citizenship of india; and (ii) practice as ..... of india and hence, the same is administered by the president of india acting through the lieutenant governor of pondicherry. section 9 of the pondicherry (administration) act, 1962, provides for the extension of the jurisdiction of the madras high court to the union territory of pondicherry as and from 6.11.1962. by virtue of section 10 of that act, the high court of .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1996IVAD(SC)504; JT1996(4)SC45; 1996(3)SCALE306; (1996)3SCC741; [1996]Supp1SCR1
..... parliament has the power to legislate with retrospective effect and also to pass a validation act. this being so, and the powers of the legislature of pondicherry being co-extensive with the powers of a state assembly, by virtue of section 18 of (the) government of union territories act, 1963, there is no reason ..... article 239a and section 18 of (the) government of union territories act, 1963 together, it is clear that the pondicherry assembly had the power to make laws for the whole or part of pondicherry with respect to any of the matters enumerated in the state list or the concurrent list. levy of sales tax would ..... for this court to hold that the pondicherry legislature could not enact a law with retrospective effect. in other words, by virtue of section 18 of (the) government of union territories act, 1963, the parliament vested with the pondicherry .....
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