Judgment Search Results Home > Cases Phrase: punjab laws act 1872 section 4 enactments repealed Court: supreme court of india Page 2 of about 1,737 results (0.149 seconds)

Kesavananda Bharati Sripadagalvaru and ors.Vs. State of Kerala and anr ...

Court : Supreme Court of India

Reported in : AIR1973SC1461; (1973)4SCC225; [1973]SuppSCR1

..... amendment". however, section 6a provides that where any central act repeals any enactment by which, the text of any central act was "amended by express omission, insertion or substitution of any matter" the repeal unless different intention appears, shall not affect the continuance of "any suck amendment made by the enactment so repealed" and in operation at the time of such ..... 1947, sections 6 and 8 of which conferred on the constituent assembly the power to enact a constitution, as well as the full powers to make laws which were not to be void or inoperative on the ground that they are repugnant to the laws of england, or to the provisions of the indian independence act or any existing or future act of parliament of the united kingdom, or to any order, rule or regulation made under any such act, and the powers of the legislature of the dominion of india shall include the power to repeal or ..... iii in general and article 13(2) in particular;(v) that for abridging or taking away fundamental rights, a constituent body will have to be convoked; and(vi) that the two impugned acts, namely, the punjab security of land tenures act, 1,953 (x of 1953) and the mysore land reforms act, 1961 (x of 1962) as amended by act xiv of 1965 are valid under the constitution not because they are included in schedule 9 of the constitution but because they are protected by article 31-a, and the ..... people". .....

Hardial Singh Vs. Balbir Kaur .

Court : Supreme Court of India

..... thus, on the one hand, as far as in punjab and haryana is concerned, in a second appeal, the court need not frame substantial questions of law in a second appeal, that is different from saying that it can exercise its jurisdiction de hors the boundaries of its powers located in section 41 of the punjab courts act, 1918. ..... this court in pankajakshi (dead) through legal representatives and others (supra) which is, in fact, a constitution bench judgment has found that as far as punjab and haryana high court is concerned, in a second appeal, the law which would be applicable would be section 41 of punjab courts act, 1918. ..... (6) this court took the view that it is section 41 of the 4 ca no.1925/2022 (@ slp (c)no.36332/2016) punjab courts act, 1918, which would continue to govern the fate of a second appeal in the punjab high court. ..... this section was couched in language similar to section 100 of the code of civil procedure as it existed before the code of civil procedure (amendment) act, 1976, which amended section 100 to make it more restrictive so that a second appeal could only be filed if there was a substantial question of law involved in the matter ..... singh mann, (2001) 4 scc262 raised a question which arose on an application of section 41 of the punjab courts act, 1918. ..... is thus evident, therefore, that mere findings of fact cannot be interfered with in exercise of second appellate jurisdiction given the three limbs of jurisdiction available under section 41 of the punjab courts act. .....

Govt. Of Nct of Delhi Vs. Union of India

Court : Supreme Court of India

..... the government of the capital; (c) the appropriation of moneys out of the consolidated fund of the capital; 77 act 1 of 1992 (referred hereinafter as the gnctd act ) 78 section 3, gnctd act 79 section 5, gnctd act 80 section 9, gnctd act 81 section 22, gnctd act 93 part i (d) the declaring of any expenditure to be expenditure charged on the consolidated fund of the capital or the increasing of the amount of any such expenditure; 82 similarly, if a bill, when enacted into law, would involve an expenditure from the consolidated fund of the capital, it requires the prior ..... task of expounding a constitution is crucially different from that of construing a statute, for a statute defines present rights and obligations and is easily enacted and as easily repealed whereas a constitution is drafted with an eye to the future and its function is to provide a continuing framework for the legitimate exercise of ..... president generally bound by the advice of the council of 64 the oxford handbook of the indian constitution (supra note 52), at page 320 65 see also amarinder singh v special committee, punjab vidhan sabha, (2010) 6 scc113 krishna kumar singh v state of bihar, (2017) 3 scc1 state of himachal ..... 2nd edition (1873), at page 118, available at https://socialsciences.mcmaster.ca/econ/ugcm/3ll3/bagehot/constitution.pdf 38 ibid, at page 34 39 edward a. freeman, the growth of the english constitution (1872) 40 ibid 41 hl deb vol 239 cc 833-4, 8 april 1878 34 part e the legality of the act in which he .....

Govt. Of Nct of Delhi Vs. Union of India

Court : Supreme Court of India

..... given. during the aforementioned period, the police force was governed by the police act, 1861, section 40 of the punjab laws act, 1872 as in force in delhi and the bombay police act, 1951 as in force in ..... the extent of the repugnancy, be void: provided that if any such law made by the legislative assembly has been reserved for the consideration of the president and has received his assent, such law shall prevail in the national capital territory: provided further that nothing in this sub-clause shall prevent parliament from enacting at any time any law with respect to the same matter including a law adding to, amending, varying or repealing the law so made by the legislative assembly ..... nctd. notwithstanding, second proviso thereto recognises the supremacy of the parliament by giving it power to enact law with respect to same subject matter as the law made by the delhi legislative assembly and it includes power to make law adding to, amending, varying or even repealing the law made by the legislative assembly.57) as mentioned earlier, insofar as this power of parliament to make laws in respect of nctd is concerned, there is no .....

State of Punjab (Now Haryana) and ors. Vs. Amar Singh and anr.

Court : Supreme Court of India

Reported in : AIR1974SC994; (1974)2SCC70; [1974]3SCR152

..... section 5-b enacts that "a landowner who has not exercised his right of reservation under this act, may select his permissible area and intimate the selection to the prescribed authority within the period specified ..... the right of the landowner to eject tenants from the reserved or permissible areas was recognized in the act though under section 9-a(introduced by punjab act ii of 1955) the tenants liable to ejectment on this score had to be accommodated in surplus areas, a minimum period of ten years' tenancy was fixed under section 7 in respect of tenants who were in occupation of land outside the reserved areas and the right of the tenants who had been ejected after the 15th august, ..... to be borne in mind is that while self-contained and comprehensive provisions in section 17 and 18 for effective achievement of object (v) were made from the very inception of the act, object (iii) did not assume shape and contant till punjab act xi of 1955 was enacted. ..... core principle or ratio that is revealed in these cases is that in cases ,where a statute, embodies a public policy and consequentially prescribes the presence of some conditions for grant of reliefs,parties can not by-pass the law by the exercise of a consent decree or order, and mere judicial imprimaturs may not validate such decree or order where the ,court or tribunal is not seen to have applied its mind to the existence ,of those conditions ..... the acts of 1950 and 1951, were repealed and replaced by act 10 of 1953 with which we .....

Amar Nath Dogra Vs. Union of India (Uoi)

Court : Supreme Court of India

Reported in : AIR1963SC424; [1963]1SCR657

..... after receipt of this notice the collector of excise directed the suspension of the appellant's licence under section 36 of the punjab excise act, 1914 and thereafter proceeded under section 39 of that act to take over the management of the vend-shops which theretofore were under the management of the ..... as we were clearly of the opinion that the appeal must fail principally on the point that the suit was not maintainable because of the non-compliance of the terms of section 80 of the civil procedure code, we did not hear learned counsel about the merits of the appellant's complaint regarding breach of contract on the part of the state and the relief of which the appellant would be ..... it is, no doubt, true that a notice under section 80 is not a pleading and need not be a copy of the plaint and that no particular or technical form is prescribed for such a notice, still having regard to the object for which section 80 has been enacted we consider that the details which it contains should be sufficient to inform the party on whom it is served of the nature and basis of the claim and the relief sought, and in so stating the position we are ..... otherwise, treating the contract determined he will be forced to take the matter to law courts in which event the himachal government will be liable in addition to the damages; to costs and expenses that may accrue for the stated steps.' ..... notice mentioned in paragraph 20 of the plaint was not valid; it was defective and not according to law. .....

Municipal Committee, Amritsar and ors. Vs. the State of Punjab and anr ...

Court : Supreme Court of India

Reported in : AIR1970SC2182; (1969)2SCC823; [1970]2SCR375

..... -where a local authority has passed a resolution under section 3 or the state government has taken over management of aided schools of a local authority under section 5, the punjab municipal act, 1911, and the punjab district boards act, 1883, shall be deemed to have been amended in the manner specified in the schedule appended to this act with effect from the 1st october, 1957.section 52(1) of the punjab municipal act relates to the setting apart of the municipal funds ..... learned attorney general has also pointed out that the state legislature did not have the competence, under any of the entries in list ii of the seventh schedule, to enact legislation of the nature embodied in clause (g) which was inserted in section 52 relating to compulsory contribution by the committee to the state government. ..... schools after that date should be credit ed to the government in the treasury under the head 'without enacting any legislation the state took over all the schools run by the local bodies on october 1, 1957 ..... the state government can withdraw the grant-in-aid from any local authority in respect of aided schools if such authority does not pass a resolution in terms of section 3 within a period of three months from the date of enactment of the act (vide section 4). ..... was the creation of the government itself which had proceeded to take over management and control of the aided schools along with the properties pertaining to them without any authority of law prior to the enactment of the act. .....

Jagjit Bus Service (Regd.), Amritsar Through Its Managing Partner Shri ...

Court : Supreme Court of India

Reported in : AIR1987SC2272; JT1987(3)SC185; 1987(2)SCALE143; (1987)4SCC131; [1987]3SCR661; 1987(2)LC464(SC)

..... be that as it may, the main grievance of the appellant has been that the state transport commissioner, punjab, who is exercising the powers of the regional transport authori- ties has failed to discharge his duty under the act which requires him to consider and grant stage carriage permits on applications made under section 46 read with section 57(2) of the act where there is need to do so to appli- cants who are eligible to be granted such permits and to grant renewal of such ..... whose duties are being discharged by the state transport commissioner, punjab, to take immediate steps to invite applications suo motu under section 57(2) of the act for issuing regular stage carriage permits to deserving applicants, to grant stage carriage permits to deserving applications who make applications for the stage carriage permits in accordance with law and to dispose of the appli- cations for renewal, if any, made under section 58 of the act by the holders of stage carriage permits. ..... we accordingly direct the regional transport authorities in the state of punjab to take immediate steps to invite applications suo moat under section 57(2) of the act for issuing regular permits to deserving applicants to ply stage carriages in respect of the routes where there is a permanent need, to dispose of the applications made by persons who wish to ply stage carriages on the said routes in accordance with law and to dispose of the applications that may be pending before the regional transport authorities .....

Neki S/O Bakhatawar Vs. SatnaraIn and Others

Court : Supreme Court of India

Reported in : AIR1997SC1334; 1997(3)CTC617; JT1996(11)SC620; 1997(1)SCALE143; (1997)9SCC149; [1996]Supp10SCR863

..... it is his further contention that under section 9(a) of the act read with section 70 of the punjab tenancy act, 1887, on an application filed by the tenant for determination of the compensation for improvement for the lands effected by him unless it is decided and value of improvements determined and paid, he is not liable to ejectment and, therefore, even ..... the respondent, claiming to be general power of attorney (gpa) of the landlord, filled an application under section 9 of the punjab security of land tenures act, 1953 (for short, the 'act'). ..... this appeal by special leave arises from the order of the division bench of the punjab & haryana high court, made on august 7, 1984 in cwp no. ..... the high court has committed manifest error of law in not interfering with the finding thus recorded by the primary authority and the revisional authority. ..... thus, it would be seen that the appellant was acting bona fide to sustain his right to tenancy by paying the rents regularly to the agent of the landlord.7. ..... the finding contra is not sound in law. ..... mohan, learned counsel for the appellant, contents that the view taken by the authorities is not correct in law. .....

Ranbir Singh and ors. Vs. Kartar Singh and ors.

Court : Supreme Court of India

Reported in : AIR2003SC1858; [2003(2)JCR205(SC)]; 2003(2)SCALE424; (2003)3SCC518; [2003]2SCR291

..... facts of the case were that the plaintiff sued the landlords of a certain tenancy claiming that as an adopted son under hindu law he was a male lineal descendant of the last occupancy tenant and was entitled to succeed to the tenancy in view of the provisions of section 59, punjab tenancy act. ..... dealing with the principle on which suits of the description mentioned in punjab act are governed, as regards limitation, on similar facts with which were are concerned in the present case, in para 5 of the judgment, while explaining the meaning of ancestral property, it is held that the property not ..... court in the second appeal in the impugned judgment has recorded, thus:-'the preliminary objection of limitation that suit of surtu was barred under punjab limitation (custom) act, 1920, (hereinafter called as the 'act'), is also decided against the appellants- defendants. ..... 1924 lah 53 should be held as not laying down a correct rule of law, and it should be held that property of a maternal grandfather in the hands of a daughter or of a grandson is not ancestral qua his descendants and therefore act i of 1920 has no application to suits brought by such persons to challenge alienations by ..... bhupender gupta has limited his challenge to the findings of both the courts below on the point of law that the suit of surtu was time barred under punjab limitation (custom) act, 1920.'4. ..... court dismissed the suit on finding that it was governed by punjab act, the property alienated being ancestral of kalu. .....