Court : Chennai
Reported in : AIR1968Mad298
..... the president of the above court of appeal, who is also the head of the judicial administration in the state, as well as the district and sessions judge, for administering indian law should be one well conversant with the indian system of jurisprudence, because of the speedy extension of several indian enactments to the pondicherry state; for example, the criminal law and procedure now administered are now entirely indian, and progressively more and more branches of the civil law are also being extended.the learned government pleader for pondicherry represents that the ..... 1 of the constitution itself was amended by the viith amendment act of 1956 and that as the article now stands, there is a clear discernible division between (i) territories of the states (ii) union territories specfied in the ist schedule and (iii) such other territories as may be acquired. ..... act xlix of 1962 came into effect on 5th december 1962 and by the fourteenth amendment act of the constitution. ..... 240(2) can only repeal or amend any act of parliament, or any existing law, which, under art. .....
Tag this Judgment!Court : Chennai
Reported in : (1967)2MLJ85
..... very broadly stated, the grounds of attack are that a proces-verbal, which was concluded between the french and the indian delegations on 15th march, 1963, and which has to be regarded as integral with the treaty of cession, has guaranteed certain rights to the citizens of pondicherry in respect of the judicial organisation and the qualifications of the judiciary, which have been infringed by the abrupt change made evident by these appointments.2. ..... section 4 of this act refers to the continuance of existing laws and their adaptation, and, under section 4(2):for the purpose of facilitating the application of any such law in relation to the administration of pondicherry and for the purpose of bringing the provisions of any such law into accord with the provisions of the constitution,the central government may make adaptations and modifications, by repeal or amendment, of laws in force, within three years from the appointed day. ..... one can concede that the president of the above court of appeal, who is also the head of the judicial administration in the state, as well as the district and sessions judge for administering indian law should be one well conversant with the indian system of jurisprudence, because of the speedy extension of several indian enactments to the pondicherry state; for example, the criminal law and procedure now administered are now entirely indian, and progressively more and more branches of the civil law are also being extended. .....
Tag this Judgment!Court : Chennai
Reported in : (2003)3MLJ590
..... 'rule 105(4) reads:-'the provisions of section 5 of the indian limitation act, 1908, shall apply to applications under sub-rule (1)'this court made the following amendment to order xxi rule 105(4) of code of civil procedure code, 1908 dated 1.11.1972:-'in the code of civil procedure, 1908, in order xxi, - (i) delete sub-rule (4) of rule 105;(ii) insert the following proviso to sub-rule (3) of rule 105:- 'provided that an application may be admitted after the said period of thirty days if the applicant satisfies the court that he had ..... in view of the overriding effect of the provisions contained in the amending act and in section 5 of the new limitation act, it has to be concluded that there is inconsistency between the similar provisions and, therefore, to the extent of the omission, the old act stands repealed, with the result that section 5 of the limitation act cannot be now invoked with regard to the petition filed for setting aside the ex parte orders made under order 21, rule 105 c.p.c. ..... to the code of civil procedure, 1908, under order xxi rules 104 to 106 had been inserted by madras (pondicherry) amendment (p. ..... therefore, the amendment inserted by madras(pondicherry) amendment, extracted above with reference to rule 105(3) and 105(4) which in fact was deleted by the amendment of this court as stated above have not been incorporated in the c.p.c. .....
Tag this Judgment!Court : Chennai
Reported in : AIR2004Mad272; 2003(4)CTC225
..... 'rule 105(4) reads:'the provisions of section 5 of the indian limitation act, 1908, shall apply to applications under sub-rule (1)'this court made the following amendment to order 21, rule 105(4) of code of civil procedure code, 1908 dated 1.11.1972:'in the code of civil procedure, 1908, in order 21, - (i) delete sub-rule (4) of rule 105; (ii) insert the following proviso to sub-rule (3) of rule 105: 'provided that an application may be admitted after the said period of thirty days if the applicant satisfies the court that he had sufficient cause ..... in view of the overriding effect of the provisions contained in the amending act and in section 5 of the new limitation act, it has to be concluded that there is inconsistency between the similar provisions and, therefore, to the extent of the omission, the old act stands repealed, with the result that section 5 of the limitation act cannot be now invoked with regard to the petition filed for setting aside the ex parte orders made under order 21, rule 105, c.p.c. ..... to the code of civil procedure, 1908, under order 21, rules 104 to 106 had been inserted by madras (pondicherry) amendment (p.dis.no. ..... therefore, the amendment inserted by madras(pondicherry) amendment, extracted above with reference to rule 105(3) and 105(4) which in fact was deleted by the amendment of this court as stated above have not been incorporated in the c.p.c. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1961SC1752; 1983LC2169D(SC); [1962]2SCR410
..... the customs authorities at pondicherry took the view that as the consignment imported by the petitioners did not reach the port of pondicherry before november 1, 1954, when the union government took over the territory, the importation was without authorization of the indian law and therefore in contravention of the import and export control act and the orders issued therein, the sea customs act, the tariff act and the provisions of other relevant enactments. ..... among the indian enactments so applied to pondicherry were the foreign exchange regulation act, 1947, the import and export (control) act, 1947, the sea custom act, 1878, and the tariff act, 1934. 5. ..... all laws in force in the french establishments or any part thereof immediately before the commencement of this order and not repealed by paragraph 6 of the french establishments (application of laws) order, 1954, shall continue to be in force until repealed or amended by a competent authority.' 8. ..... 3 of the schedule as in force before the commencement of this order are hereby applied to, and shall be in force in french establishments subject to (a) amendments, (b) modifications, if any, specified in column 4 of the schedule and (c) the subsequent provisions of the order. ..... 3315 shall continue to be in force until repealed or amended by competent authority. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1980Bom280; 1989(24)LC677(Bombay)
..... of india made the french establishments (application of laws) order (1954) under the foreign jurisdiction act (1947) applying the indian laws to pondicherry. ..... it was urged by him that no power was given by section 3 of the imports and exports (control) act, 1947 to the central government as the delegate of the parliament to issue an order in the nature of amending order with retrospective effect and the amending order cannot have retrospective effect. ..... before merger pondicherry was a free port without any restrictions on imports, except on a few items, and the importers could acquire foreign exchange either at the official rate in respect of some transactions or at the open market rate in respect of others, paragraph 6 of the order on the basis of which orders of confiscation were issued had a saving clause. ..... rana that in the export statistics prepared by the basic chemicals, pharmaceuticals and soaps export promotion council, an official body comprising of the representatives of the government and the trade, in respect of the years 1969-70 to 1971-72, silver nitrate b. p. ..... rana that even in the index to the import trade control policy for the year april 1968-march 1969, which is known as import control tariff, silver nitrate b. p. ..... was separately treated as a drug not for the purpose of export control but for the purpose of import trade control and in the import tariff and that too for the period april 1968 to march 1969. mr. .....
Tag this Judgment!Court : Chennai
Reported in : [1976]103ITR282(Mad)
..... court held that in the application of the indian income-tax act to the merged states an initial difficulty arose in the matter of determining the depreciation allowance and the writtendown value, that the said difficulty having been removed by the taxation laws (merged states) (removal of difficulties) order, 1949, there survived no difficulty in giving effect to the provisions of the indian income-tax act, or the rules or orders extended by section 3 of act 67 of 1949 to the merged states and that the amendment order, 1962, seeks to alter the connotation of the expression 'depreciation actually allowed', while no difficulty ..... pondicherry became a union territory with effect from the 16th august, 1962, by the addition of the ninth item to part ii of the first schedule to the constitution by the constitution (fourteenth amendment) act, 1962. ..... applying the provisions of the regulation to a union territory, realised that the application of the said regulation is in fact wholly divorced from the reality resulting in hostile discrimination against other assessees in the rest of india, that it cannot be said that no difficulty was experienced in the application of the regulation, and that the impugned order is intended to place the assessees in pondicherry on a position similar to the assessees elsewhere in india in similar circumstances and in a position of equality and equal treatment which is part of the basic purpose and scheme of the indian income-tax act. 10. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1970Mad152
..... by a subsequent amendment called the pondicherry alcoholic liquors (consumption duty) amendment act, 1966, (act no. ..... after the merger of the former french territory of pondicherry in the indian union, the above consumtion duty was collected in advance from importers under a scheme called 'import duty paid permits'. ..... what is relied on by the respondent for the purpose of bringing the consignments within the scope of the higher duty, is that the date of the entry of the consignments into the territory of pondicherry will decide the rate of duty payable, and not the date when the import duty was paid in advance before the import duty, paid permit was granted. ..... ' in view o the statement of the learned government pleader that at the relevant period alcoholic liquor was manufactured in pondicherry also and there was consumption duty on such liquor, there is no doubt that what the amendment provided for was a countervailing duty falling within entry 51 of list ii of the seventh schedule of the constitution and therefore, within the competence of the state legislature. 4. ..... it was urged by the learned counsel appearing for the petitioner, thiru kesava iyengar, that the levy of this duty itself as a consumption duty is ultra vires, after the indian constitution was extended to pondicherry territory with effect from the date of the de jure transfer of the territory to the indian union, in 1962. .....
Tag this Judgment!Court : Karnataka
..... (l) in fact, the indian christian marriage act, 1872 was made applicable to the territory of pondicherry, but the same did not apply to renouncants of union territory of pondicherry and hence, by amendment a proviso was added to section 1 of the indian christian marriage act, 1872 to the effect that the said act would not apply to renouncants of union territory of pondicherry. ..... 34 added to hindu minority and guardianship act, 1956, and section 2(2a) has been added to the hindu marriages act, 1955 by way of state amendments, which have been made under the provisions of regulation 7 of 1963 and section 2 of the schedule thereto, which would clearly indicate that the parliament enabled the state legislature to make the amendment to the respective personal laws, whether applicable to the hindus or mohammedans, by which, there is a categorical exclusion of the personal laws as applicable in the rest of india to the union territories of pondicherry comprising, inter alia, of karaikal ..... (c) in the interregnum, the indian parliament passed pondicherry (administration) act, 1962. ..... under section 4(1) of the pondicherry (administration) act, 1962, all laws in force immediately before the appointed date in the former french establishments were directed to continue to be in force, until 22 amended or repealed by a competent legislature. .....
Tag this Judgment!Court : Karnataka
..... (l) in fact, the indian christian marriage act, 1872 was made applicable to the territory of pondicherry, but the same did not apply to renouncants of union territory of pondicherry and hence, by amendment a proviso was added to section 1 of the indian christian marriage act, 1872 to the effect that the said act would not apply to renouncants of union territory of pondicherry. ..... 34 added to hindu minority and guardianship act, 1956, and section 2(2a) has been added to the hindu marriages act, 1955 by way of state amendments, which have been made under the provisions of regulation 7 of 1963 and section 2 of the schedule thereto, which would clearly indicate that the parliament enabled the state legislature to make the amendment to the respective personal laws, whether applicable to the hindus or mohammedans, by which, there is a categorical exclusion of the personal laws as applicable in the rest of india to the union territories of pondicherry comprising, inter alia, of karaikal ..... (c) in the interregnum, the indian parliament passed pondicherry (administration) act, 1962. ..... under section 4(1) of the pondicherry (administration) act, 1962, all laws in force immediately before the appointed date in the former french establishments were directed to continue to be in force, until 22 amended or repealed by a competent legislature. .....
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