Court : Guwahati
..... force in the union territory of mizoram before the appointed date in the state of mizoram until altered, repealed or amended by a competent legislature or other competent authority. ..... of clear and explicit legislative mandate to the contrary assumption of such an embargo would be wholly conjectural and, thus, manifestly permissible in law.the related provisions of the 1971 act and the state of mizoram act, 1986, with regard to the continuance of the existing laws, cannot by any means, be demonstrative of the inapplicability of the 1963 act, the 1966 notification being the only basis there for. ..... facilitating the application of any law in relation to any of the states or union territories formed or established by the provisions of part ii by making necessary adaptations or modifications thereto by the appropriate government as may be considered necessary or expedient so that every such law with the adaptations and modifications would have perfect until altered, repealed or amended by a competent legislature or other competent authority.section 43 of the state of mizoram act, 1986, is also with the intention of continuing the existing laws in .....
Tag this Judgment!Court : Supreme Court of India
..... with the enactment of the state of arunachal pradesh act, 1986 and the state of mizoram act, 1986, two new states were born. ..... provided that on and from the commencement of the north-eastern areas (reorganisation) and other related laws (amendment) act, 2012, the common high court shall be the high court for the states of assam, arunachal pradesh, mizoram and nagaland and shall cease to have its jurisdiction, powers and authority for the states of meghalaya, manipur and tripura.24. ..... provision is kept in view and the above noted discussion relating to the establishment of the high court and the permanent bench is taken note and in that circumstance, when the subordinate court in the state of mizoram as also the subordinate court in the state of assam is subordinate to the gauhati high court, a transfer petition filed under section 24 of the cpc before this court, namely, the gauhati high court, even for transfer of a case from the ..... matrix vis- -vis the constitutional and statutory provisions, there can be no cavil that the courts and tribunals in the states of assam, nagaland, mizoram and arunachal pradesh are not only under the superintendence of the gauhati high court in terms of article 227, all district courts and courts subordinate thereto in such states are subject to the control of the gauhati high court under article 235 as well as subordinate to the same high court .....
Tag this Judgment!Court : Supreme Court of India
..... . to make the narration of facts complete, the provisions of the state of mizoram act, 1986 may be referred to for the purposes of bringing on record the fact of creation of the state of mizoram by the aforesaid act with effect from 20.02.1987 ..... . we also do not find any substance in the arguments advanced on behalf of the appellant that the notification dated 14.3.1966 would continue to be applicable to the union territory and the successor state of mizoram by virtue of section 24 of the general clauses act ..... the gauhati high court by the impugned judgment and order dated 01.08.2005 has held the limitation act, 1963 to be applicable to the state of mizoram. ..... . what, however, would require a pointed notice is that the notification dated 14.03.1966 issued by the governor of assam excluding the operation of the limitation act from the tribal areas of the state of assam ceased to be applicable to the mizo district once the areas therein no long formed a part of the tribal areas of assam and, instead, became a part of the tribal areas of the union territory of mizoram with effect from 21.1.1972 ..... . the aforesaid facts would demonstrate that the notification dated 14.03.1966 ex facie would not apply to the areas within the erstwhile mizo district of the state of assam once the said areas ceased to be so and came to comprise the union territory of mizoram with effect from 21.1.1972 by virtue of section 6 of the reorganisation act.10 .....
Tag this Judgment!Court : Delhi
..... mizoram and goa, daman and diu ceased to be union territories by virtue of the state of arunachal act, 1986, the state of mizoram act, 1986 and the goa, daman and diu (reorganisation) act ..... and indian police service personnel is common to union territories of delhi, chandigarh, andaman and nicobar islands, lakshadweep, daman and diu, dadra and nagar haveli, puducherry and states of arunachal pradesh, goa and mizoram which is administered by the central government through the ministry of home affairs; and similarly danics and danips are common services catering to the requirement of the union territories ..... senior counsel has also relied upon section 3(58) of the general clauses act under which 'state' has been defined as under:- "(58) state , - (a) as respects any period before the commencement of the constitution (seventh amendment) act, 1956, shall mean a part a state, a part b state, or a part c state; and (b) as respects any period after such commencement, shall mean a state specified in the schedule i to the constitution and shall include ..... of any minority community, scheduled castes and backward classes; (iii) matters which affect the relations of the government with any state government , the supreme court of india or the high court of delhi; (iv) proposals or matters required to be referred to the central government under the act or under chapter v; (v) matters pertaining to the lieutenant governor's secretariat and personnel establishment and other matters relating to his .....
Tag this Judgment!Court : Supreme Court of India
..... state of mizoram act 1986; state of arunachal pradesh act 1986 341 laccadive, minicoy and amindivi islands (alteration of name) act 1973 342 constitution (twelfth amendment) act 1962 343 constitution (fourteenth amendment) act 1962 335 part e chandigarh was also made a union territory.344 a couple of decades later, the state of goa was formed with the enactment of the goa, daman and diu reorganisation ..... the state of manipur, article 371-d for the state of andhra pradesh and later telangana (following the reorganization act 2014), article 371-f for the state of sikkim, article 371-g for the state of mizoram, article 371-h for the state of arunachal pradesh, article 371-i for the state of goa and article 371-j for the state ..... omissions, additions, adaptations and modification as the governor- general may by order specify be applicable to the dominion of india ; and whereas the government of india act, 1935, as so adapted by the governor-general, provides that an indian state may accede to the dominion of india by an instrument of accession executed by the ruler thereof : now therefore i shriman inder mahinder rajrajeswar maharajadhiraj shri ..... (22) by a constitutional amendment was as much a part of the political process which had commenced with the integration of the erstwhile princely states into the union of india and the ultimate act of abrogation was a part of that political process designed to bring about substantive equality by doing away with the privileges which were extended .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1997SC2847; JT1997(1)SC40; 1996(9)SCALE613; (1997)7SCC339; [1996]Supp10SCR472
..... mizoram and goa, daman & diu ceased to be union territories by virtue of the state of arunachal act 1986, the state of mizoram act, 1986 and the goa, daman & diu (reorganisation) act ..... its interpretation should be restricted to laws made by parliament in respect of the entries in list i; the union had no power to impose taxes on entries relating to property as they fall under list ii; the act being a state legislation could not be treated as a central legislation for the purpose of attracting article 289(1); the test to determine whether a tax forms part of 'union taxation' is to check if the proceeds thereof form part ..... case and having been re-affirmed by a constitution bench which was hearing a litigation inter parts in the apsrtc case, they constitute good law; (ii) the definition of 'state' provided in section 3(58) of the general clauses act, which declares that the word 'state' would include 'union territory', is inapplicable to article 246(4); (iii) the term 'union taxation' used in article 289(1) will ordinarily mean 'all taxes leviable by ..... any federal law (2) nothing in clause (1) otherwise provides, any shall, until parliament by law property so vested which was otherwise provides, prevent immediately before the any authority within a state commencement of part iii of from levying any tax on any this act liable, or treated as property of the union to liable, to any such tax, shall, so which such property was long as that tax continues, immediately before the continue to .....
Tag this Judgment!Court : Delhi
..... scheduled castes and scheduled tribes list (modification) order, 1956, the bombay reorganization act, 1960, the punjab reorganisation act, 1966, the state of himachal pradesh act, 1970, the north eastern areas (reorganisation act, 1971 and the scheduled castes and schedules tribes order(amendment) act, 1976, the state of mizoram act, 1986, the state of arunachal pradesh act, 1986 and the goa, daman & diu (reorganization) act, 1987) the constitution (jammu and kashmir) scheduled castes order, 1955@) the ..... constitution (andaman and nocobar islands) scheduled tribes order, 1959 as amended by the scheduled castes and scheduled tribes order (amendment) act, 1976 @ the constitution (dadar and nagar haveli) ..... (st) order (amendment) act, 1991@ the constitution(st) order (second amendment) act, 1991@ the constitution(scheduled castes) order (amendment) act, 1991 the constitution (scheduled castes) order (amendment) act, 2002 @ the constitution scheduled castes and scheduled tribes orders (amendment) act, 2002@ the constitution(scheduled castes) order (second amendment) act, 2002@ %2.application in the case of schedule castes/scheduled tribes persons who have migrated from one state/union territory administration to .....
Tag this Judgment!Court : Guwahati
..... procedure, (iii) administration of civil and criminal justice involving decisions according to mizo customary law, (iv) ownership and transfer of land, shall apply to the state of mizoram unless the legislative assembly of the state of mizoram by a resolution so decides : provided that nothing in this clause shall apply to any central act in force in the union territory of mizoram immediately before the commencement of the constitution (fifty-third amendment) act, 1986; (b) the legislative assembly of the state of mizoram shall consist of not less than forty members.' 11. ..... hence, on a conjoint reading of the various provisions of the constitution of india, i find that there is no requirement of law that in order to apply a central act to the state of mizoram, any specific notification in the matter is required to be issued by the president of india unless the matter is covered under article 371-g of the constitution. ..... the petitioner is a mizo residing in the state of mizoram and in the present application, the challenge to the applicability of the act is on the following counts :- (1) in order to apply the provisions of any central act to the state of mizoram, there must be a notification to that effect by the president of india and in the absence of such notification, the said central act is not applicable to the local inhabitants of mizoram. .....
Tag this Judgment!Court : National Consumer Disputes Redressal Commission NCDRC
..... has been filed under section 21 (b) of the consumer protection act, 1986 against the order dated 03.10.2013 passed by the mizoram state consumer disputes redressal commission, aizawl (the state commission) in state consumer (misc.) no. ..... also apposite to observe that while deciding an application filed in such cases for condonation of delay, the court has to keep in mind that the special period of limitation has been prescribed under the consumer protection act, 1986 for filing appeals and revisions in consumer matters and the object of expeditious adjudication of the consumer disputes will get defeated if this court was to entertain highly belated petitions filed against the orders of the ..... circumstances, the petitioner being the litigation could not have been allowed to suffer on account of the error on part of its counsel and the state commission should have condoned the delay, more so because the delay was of merely five days which cannot in any circumstances be termed as inordinate ..... 2011 (3) scale 654 has observed; also, it is to be noted that the revisional powers of the national commission are derived from section 21 (b) of the act, under which the said power can be exercised only if there is some prima facie jurisdictional error appearing in the impugned order, and only then, may the same ..... the petitioner also argued that according to him there was a delay of five days whereas the state commission has noted the delay by 15 days, but he could not sustain same without any .....
Tag this Judgment!Court : National Consumer Disputes Redressal Commission NCDRC
..... has been filed under section 21 (b) of the consumer protection act, 1986 against the order dated 03.10.2013 passed by the mizoram state consumer disputes redressal commission, aizawl (the state commission) in state consumer (misc.) no. ..... also apposite to observe that while deciding an application filed in such cases for condonation of delay, the court has to keep in mind that the special period of limitation has been prescribed under the consumer protection act, 1986 for filing appeals and revisions in consumer matters and the object of expeditious adjudication of the consumer disputes will get defeated if this court was to entertain highly belated petitions filed against the orders of the ..... circumstances, the petitioner being the litigation could not have been allowed to suffer on account of the error on part of its counsel and the state commission should have condoned the delay, more so because the delay was of merely five days which cannot in any circumstances be termed as inordinate ..... 2011 (3) scale 654 has observed; also, it is to be noted that the revisional powers of the national commission are derived from section 21 (b) of the act, under which the said power can be exercised only if there is some prima facie jurisdictional error appearing in the impugned order, and only then, may the same ..... the petitioner also argued that according to him there was a delay of five days whereas the state commission has noted the delay by 15 days, but he could not sustain same without any .....
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