Judgment Search Results Home > Cases Phrase: repealing and amending act 1978 Page 1 of about 82,822 results (0.377 seconds)

Sundari Devi Shaw Vs. State of West Bengal

Court : Kolkata

Reported in : 1980CriLJ1391

..... mitra argued that when section 4 of the 1976 amendment act came into force, section 4 of the earlier amendment act of 1974 became unnecessary, and therefore parliament included the redundant sections of the 1974 amending act in the repealing and amending act, 1978. ..... the question which therefore arises for consideration is whether after the, coming into force of the repealing and amending act, 1978 the entire section 6a of the principal act stood repealed with the changes made in section 4 (6a) of the principal act by act 92 of 1976, section 4 of act 30 of 1974 became redundant. ..... the repealing and amending act, 1978, which received the assent of the president on november 26, 1978, repealed sections 2 to 12 and 14 of the amending act of 1974. ..... on november 26, 1978 the repealing and amending act, 1978 (act 38 of 1978) came into force. ..... if it was the intention of parliament to take away the collector's power of seizure of a vehicle, the relevant provisions of act 92 of 1976 would have found a place in the schedule of the repealing and amending act, 1978. ..... as such this section along with the other redundant sections of the 1974 amendment act were repealed by act 38 of 1978. ..... one of the acts included in the schedule is the essential commodities (amendment) act, 1974 and the extent of the repeal as indicated in the 4th column is sections 2 to 12 and 14.8. .....

Employees State Insurance Corporation Vs. Welford Transport (Eastern I ...

Court : Guwahati

..... the provision of section 85-b which had been inserted by the employees' state insurance (amendment) act, 1975 had become part of the 'act' and was therefore not affected by the repealing and amending act 1978 which had repealed the amendment act of 1975. ..... chetia, learned counsel appearing on its behalf has submitted that the view taken by the court below that the provision of section 85-b was hot available in view of the repealing and amending act of 1978, was not correct and further that the regional director had been delegated the powers of the director general of the corporation who was the principal officer under section 16 of the act and accordingly had the necessary competence to impose damages.4. ..... the court also held that the insertion of section 85-b by the amending act of 1975 also was not available after the repealing and amending act of 1978 whereby the employees' state insurance (amendment) act 1975 had been repealed. ..... in so far as the finding by the court below that the provision of section 85-b was not available because of the repealing and amending act of 1978, is concerned, the learned court below was clearly in error. ..... it is settled law that immediately on coming into force of an amending act, the provision amended (in the main act) becomes part of the main act so that when the repealing and amending act repeals the 'amending act' for the purpose of scavenging the 'statute book' of acts not required any more. .....

State of Orissa and ors. Vs. Titaghur Paper Mills Company Limited and ...

Court : Supreme Court of India

Reported in : AIR1985SC1293; 1986(1)ARBLR135(SC); 1985(2)SCALE410; 1985Supp(1)SCC280; [1985]3SCR26; [1985]60STC213(SC)

..... . 373/77 dated may 23, 1977, issued under the first proviso to sub-section (1) of section 5 of the said act prior to the amendment of the said sub-section by the orissa sale tax (amendment) act, 1978, which repealed and replaced the orissa sales tax (amendment) ordinance, 1977, (3) entries 2 and 17 in the schedule to notification no ..... the orissa tax (amendment) ordinance, 1977, was repealed and placed by the orissa sales tax (amendment) act, 1978 (orissa act no. ..... as the notifications dated december 29, 1977, were issued as a result of the amendments made by the orissa sales tax (amendment) ordinance, 1977, replaced by the orissa sales tax (amendment) act, 1978, while the notifications dated may 23, 1977, were issued prior to these amendments, it is necessary to consider the scheme of taxation under the orissa act both prior to and after january 1, 1978, being the date on which the relevant provisions of the said ordinance came into force.76. ..... 86-a, by this entry the rate of sales tax on timber was enhanced to ten per cent, in view of the amendment made in sub-section (1) of section 5 by the orissa sales tax (amendment) ordinance, 1977 (replaced by the orissa sales tax (amendment) act, 1978), the state government issued three notifications, (1) declaring the goods liable to purchase tax, (2) specifying the rates of purchase tax on such goods, and (3) specifying the rates of sales tax. .....

Jawaharlal Sharma Vs. State of Jharkhand and ors.

Court : Jharkhand

Reported in : AIR2006Jhar135; [2006(3)JCR525(Jhr)]

..... notification under 'industrial township' is required to be issued, in such case after taking into consideration the objections, as may be received, and, if so required, after making such amendment in the draft, final notification under sub-section (2) to article 243q read with section 2(3)(b) of the bihar municipal corporation act, 1978 is to be issued;(v) once it is decided and public notification is issued, specifying the area to be an 'industrial township', in such case there shall be no municipality in the said area ..... to municipality in force in a state, is inconsistent with the provision of part - ixa of the constitution, such inconsistent provision shall also continue to remain in force till it is amended or repealed and/or otherwise up to 1st june, 1994. ..... any provision of any law relating to municipalities in force in a state immediately before the commencement of the constitution (seventy-fourth amendment) act, 1992, inconsistent with the provisions of the said part, shall continue to be in force until amended or repealed by a competent legislature or other competent authority or until the expiration of one year from such commencement, whichever is earlier, which ..... which is inconsistent with the provisions of this part, shall continue to be in force until amended or repealed by a competent legislature or other competent authority or until the expiration of one year from such commencement, whichever is earlier:provided that all she municipalities existing immediately .....

State of U.P. and ors. Vs. Garib Dass and ors.

Court : Supreme Court of India

Reported in : 1996IXAD(SC)136; JT1996(10)SC565; 1996(8)SCALE488; (1997)1SCC171; [1996]Supp8SCR916

..... 11 of 1978) which stood repealed by this amending act but notwithstanding the repeal anything done or any action taken under the provisions of the principal act as amended by the said ordinance shall be deemed to have been done or taken under the corresponding provisions of the principal act as amended by the amending act as if the latter were enforced at all material times. ..... clause 5 of the amending act provides that notwithstanding any judgment, decree or order of any court to the contrary anything done or purporting to have been done and any action taken or purporting to have been taken under the provisions of the principal act before the commencement of this section shall be valid and be deemed always to have been valid as if the provisions of the principal act as amended by this act were in force at all material times. ..... this amending act received the assent of the president on 19.1.1972 and was published in the u.p. ..... excise (amendment) act, 1972 with effect from 22.11.1972 and read as under:37-a. ..... sub-section (3) made it clear that the power of the state government under sub-section (1) to prohibit the import, export or transport of any intoxicant and its power under sub-section (2) to prohibit the possession of any intoxicant may be exercised in pursuance of the policy of gradual extension of prohibition in the state, and different areas may from time to time be selected in that behalf after taking into account certain factors indicated in that sub-section.5. .....

State of Gujarat and ors. Vs. Raman Lal Keshav Lal and ors.

Court : Supreme Court of India

Reported in : AIR1981SC53; 1980LabIC1167; 1983(1)SCALE66a; (1980)4SCC653; [1981]1SCR144; 1980(12)LC817(SC)

..... after the above writ petitions were filed, the ordinance was (repealed and replaced by the gujarat panchayats (third amendment) act, 1978 (gujarat act no. ..... section 206 of the panchayats act before the amending act was passed empowered the state government by a general or special order to allocate to the panchayat service (i) such number of officers and servants out of the staff allotted or transferred to a panchayat under sections 157, 158 and 325 as it may deem fit, (ii) all officers and servants of the municipalities dissolved under section 307, (iii) all officers and servants in the service of district local boards and district school boards immediately before their ..... dissolution under the panchayats act and ..... by section 325 of the panchayats act, the bombay village panchayats act, 1958 was repealed and all officers and servants in the employ of the old village panchayats immediately before the said date became the officers and servants of the new gram panchayats established under the panchayats act.8. .....

Mathuradas Mohanlal Kedia and ors. Vs. S.D. Munshaw and ors.

Court : Supreme Court of India

Reported in : AIR1981SC53; 1980LIC1167; 1980(3)SLR407; 1980(4)SCC653; 1981(1)SCR144; 1980UJ817; 1981SCC(L&S)34; 1980LabIC1167

..... after the above writ petitions were filed, the ordinance was repealed and replaced by the gujarat panchayats (third amendment) act, 1978 (gujarat act 28 of 1978) (hereinafter referred to as 'the amending act'). ..... section 206 of the panchayats act before the amending act was passed empowered the state government by a general or special order to allocate to the panchayat service (i) such number of officers and servants out of the staff allotted or transferred to a panchayat under sections 157, 158 and 325 as it may deem fit, (ii) all officers and servants of the municipalities dissolved under section 307, (iii) all officers and servants in the service of district local boards and district school boards immediately before their ..... dissolution under the panchayats act and .....

Ranbir Yadav Vs. State of Bihar

Court : Supreme Court of India

Reported in : AIR1995SC1219; 1995(43)BLJR1053; 1995CriLJ2665; 1995(2)Crimes161(SC); JT1995(3)SC228; 1995(2)SCALE331; (1995)4SCC392; [1995]2SCR826; 1995(2)LC212(SC)

..... , later on by the criminal procedure code (amendment) act, 1978 the section was amended to vest the power and discretion exercisable thereunder by a magistrate to a judge ..... arose as to whether (i) the high court could transfer a case triable according to criminal law amendment act, 1952 ('1952 act' for short) by a special court constituted thereunder to another court, which was not a special court and (ii) the earlier order of the supreme court transferring the case pending before the special court to the high court was valid and proper. ..... it does not propose to re-examine them in the trial, it is enough to dispose of this application with a direction that in case the defence applied to cross-examine them, the court may order for their cross-examination and in case the court feels that any further evidence is essential for a just decision of the case, it may call them to the courtthe question whether the evidence recorded by the predecessor incharge of the court of the ..... charges against them, but also to record the evidence of the four witnesses already examined afresh if the prosecution intended to use the same against them for, save in exceptional cases as provided in section 299 and other sections of the code, all evidence has to be taken in the presence of the accused, or when personal presence is dispensed with, in the presence of his lawyer in view of section 273 of the code ..... when the code of 1898 was repealed and replaced by the code section 350 was renumbered as 326 without any .....

Abu Khan and ors. Vs. Union of India (Uoi) and anr.

Court : Supreme Court of India

Reported in : AIR1983SC1301; 1983(2)SCALE885; (1984)1SCC88

..... undoubtedly, it was struck down as being violative of article 31(2) which itself has been repealed by constitution (forty-fourth amendment) act, 1978. ..... however, once section 20-b was struck down way back in 1968 as being violative of article 31(2) but it was not re-enacted after the repeal and deletion of article 31(2) and therefore, no order could have been made by the central government in 1964 under an unconstitutional provision when it purported to make the impugned order. ..... the high court rendered its decision on january 31, 1969 holding that the government of india was not bound to hear abu khan and his co-claimants before making an order under section 20-b, and found no other adequate reason to interfere with the order made by the central government. ..... accordingly this appeal is allowed and the judgment of the high court dated january 31, 1969 is quashed and set aside as also the order of the central government made under section 20-b of the displaced persons (compensation and rehabilitation) act, 1954 is quashed and set aside. ..... appellant abu khan also pointed out that he had already deposited the assessed price of the evacuee interest in both the houses and thereby has become the full owner of the house in possession of maljimal. ..... 11/5/168 should be given to refugee allottee who is residing therein and the other house may be given to abu khan and other non-evacuee claimants provided they were prepared to purchase the evacuee interest therein. .....

UjjaIn Mill Mazdoor Sangh Vs. State of M.P.

Court : Madhya Pradesh

Reported in : (1980)IILLJ287MP; 1979MPLJ764

..... by these petitions under article 226 of the constitution, the petitioners challenge these notices on the ground that the amendments introduced in sections 13 and 14 of the state act by the ordinance and amending act were invalid and void under article 254(2) of the constitution.2. ..... the ordinance was repealed and replaced by the amending act no. ..... as the amendments made by the ordinance and the amending act are only in the state act and in the field where the central act has no application, it cannot be said that at the time when the ordinance was promulgated or the amending act was passed there was any repugnancy between the ordinance or the amending act and section 36 or any other provision of the central act. ..... a notice was issued to the petitioners on 2nd january, 1978 under section 16(ii-a) of the state act as amended, to show cause why their recognition as representative unions may not be cancelled on the ground that on the date of coming into force of the aforesaid ordinance or at any time during the period of three months thereafter the ..... 22 and 41 of 1978, shri gulab gupta, learned counsel for the petitioners, submitted that the notices were issued on a misconstruction of section 16 as amended by the ordinance and the amending act. ..... 9, 10, 11, 12, 18, 22, 27, 28, 41 and 54 all of 1978. ..... 8 of 1977 which came into force on 4th april, 1978. ..... 14 of 1977), hereinafter called the ordinance, which came into force on 1st january, 1978. .....