Court : Kolkata
Reported in : [2000(86)FLR508],(2000)ILLJ992Cal
..... reported in (1977-i-llj-262)(sc), where apex court in a similar situation upon consideration of section 115(7) of the states reorganisation act, 1956 held:'in the view of the court, the broad purpose underlying the proviso to section 115(7) of the act was, to ensure that the conditions of service of the aforesaid persons shall not be changed except with the prior approval of the central government, i.e. ..... it follows, therefore, that the protections including the constitutional protection enshrined in article 311(1) of the constitution enjoyed by persons holding civil posts under the state like the first respondents prior to the coming into force of the states reorganisation act, 1956 could not, after the appointed day i.e. ..... 1 had framed a regulation in exercise of the statutory power conferred upon them under section 45(2)(c)(1) of the road transport corporation act, 1950 known as calcutta state transport corporation employees service regulations.13. ..... before embarking on varying the conditions of service, the state governments should obtain the concurrence of the central government. ..... was questioned by the appellant by filing a writ application praying, inter, alia;'(a) declaration that the second show cause notice dated june 14/15, 1978, being annexure 'f' is ultra vires the provisions as contained in regulation 38 of the calcutta state transport corporation employees service regulation. .....
Tag this Judgment!Court : Kolkata
Reported in : (1906)ILR33Cal219
..... of the power of the peshwa and of the gaikwar was regarded as a matter of right, and what therefore they ceded to the east india company was the subject of frequent and anxious inquiry on the part of the board of directors and the government of bombay, but no satisfactory result was ever arrived at; and it would be almost hopeless at the present time to attempt to answer that question upon the basis of ..... that british indian law, as such, is operative in kathiawar; nor, on the other hand, have the kathiawar states been included in the scheduled districts act, xiv of 1874, which enumerates certain of the districts forming part of british india, but to which the general law does not necessarily apply. ..... such rights over foreign territory differ not only in origin but in kind and in degree in the cases of different states ; so that in each instance in which the nature or extent of such rights becomes the subject of consideration, inquiry has to be made into the ..... in and before the year 1863 a further reorganisation was found to be necessary, and, as might be expected, the question as to the ..... in 1847 it appears that questions arose as to whether offences committed in kathiawar by sepoys in the company's service, and by camp followers, were to be tried by court-martial as offences committed in foreign territory, and the decision of the bombay government ..... 183: 'the administration was reorganised by arranging in seven classes all the chiefs in kathiawar, and denning their powers and .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1957Cal534,61CWN630
..... the states reorganisation act, 1956, being act no ..... way it has been done, is the knowledge that so far as constitution and organisation of existing high courts are concerned, very little remains to be done, and in the case of the formation and reorganisation of the states, parliament would have all necessary powers under article 4 of the constitution. ..... the evil effects inherent in such an unusual provision in the constitution is mitigated by the fact that: (a) for the most part, the 'constitution and organisation' of the high courts have already been provided for in the body of the constitution, and (b) in the case of the formation of new states or reorganisation of existing states, there is ample power under article 4 of the constitution to clothe parliament with' the power to invest high courts with the ..... (11) it follows that the taking away of some of the general jurisdiction and powers of the high court and vesting the same in the city civil court would not necessarily mean, that the state legislature was doing anything which could be said to be an infringement of entry 78 in list i, it was doing what it had power to do under entry 3, or under entry 3 read ..... article 217 lays down the qualifications for appointment and the conditions of service of a high court judge, article 220 puts restriction on judges practising in a ..... conditions of service, but this is subject to provisions of any law made by the legislature of the state. ..... judges should be fixed and their conditions of service. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1966Cal552,70CWN82
..... contended that the power exercisable by the president, being executive in character the functions which could be entrusted to a state government or to an officer of that state under article 258(1) were executive functions and such executive functions not being law' within the meaning of section 87 of the bombay reorganisation act, the commissioner of the new state of gujrath after may 1, 1960, was incompetent to exercise the functions of union government, under the land acquisition act. ..... the appellant was served with another order dated september 7, 1960, directing him not to remain in india beyond a period of 15 days from the date of service of the said order, which was september 10, 1960, the appellant failed to comply with the order to leave india, and thereupon he was arrested on november 18, 1960, and was taken to the local police station ..... at one stage he applied for indian citizenship, but withdrew the application and communicated a firm decision on his part to leave this country, undoubtedly because he realised that he could not claim a right of residence in disregard of the statutory provisions and the provisions made in ..... 22, 1956, the appellant was served with an order directing him not to remain in india after september 25, 1956. ..... on september 22, 1956, the appellant was informed that the said proceedings before the additional chief presidency magistrate had been withdrawn, theretafter the appellant moved a petition under article 226 of the constitution and obtained .....
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