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M. Veerateswaran Vs. the Deputy Collector Cum Sub-divisional Executive ...

Court : Chennai

Reported in : 2003(2)CTC449; (2003)2MLJ578

..... the act is known as the police (pondicherry amendment) act, 1966 (act 6 of 1966). ..... so far as pondicherry is concerned, there is an act passed amending the police act, 1861, in its application to the union territory. ..... article 51-a was added to the constitution by the 42nd amendment act, 1976 in accordance with the recommendations of swaran singh committee to bring our constitution in line with article 29(1) of the universal declaration of human rights and the constitutions of japan, china and the then u.s.s.r, the idea being that the individual should not overlook his duties to the community in exercise of his fundamental rights. ..... in view of the authoritative pronouncement by the supreme court in church of god (full gospel) in india's case, (supra), and the binding guidelines projected in appa rao's case by the bench of this court, it is not necessary to restate the role of the authorities under the police acts, municipal acts and pollution acts. ..... however, so far as union territory of pondicherry is concerned, to the knowledge of the petitioner, no legislation corresponding to the provisions of the madras city police act has been passed. .....

B. Shama Rao Vs. the Union Territory of Pondicherry

Court : Supreme Court of India

Reported in : AIR1967SC1480; [1967]2SCR650; [1967]20STC215(SC)

..... the title of the amendment act is the pondicherry sales tax (amendment) act 1966 and was passed "further to amend the pondicherry general sales tax act, 1965" therein called the principal act. ..... initially, when the principal act came into force in pondicherry with effect from 1st april, 1966, this amendment act passed by the madras legislature also became effective in pondicherry, because the pondicherry government notified that the principal act was to commence with effect from 1st april, 1966; but, subsequently, when the amending act was passed by the pondicherry legislature, it became clear that the pondicherry legislature itself decided that the madras act which should come into force in the territory of pondicherry should be as it stood amended by the madras general sales tax (second amendment) act no. ..... it may, however, be mentioned that, subsequent to the filing of this writ petition, the pondicherry legislature passed the pondicherry general gales tax (amendment) act, 1966 (no. ..... after the petitioner filed this writ petition the pondicherry legislature passed the pondicherry general sales tax (amendment) act, 13 of 1966. ..... put it,, differently, the contention was that the amendment act was an independent legislation , that the pondicherry assembly has dower to enact a retrospective law and has re-enacted the provisions of the principal act extending as from april 1, 1966 the madras act is amended upto that date. .....

In Re Article 370 Of The Constitution

Court : Supreme Court of India

..... goa, daman and diu were added to the first schedule as a union territory in 1962342 as was puducherry (previously known as pondicherry).343 in 1966, 338 section 2, constitution (seventh amendment) act 1956 339 state (nct of delhi) v. ..... the constitution (18th amendment) act, 1966, which contained the explanations to article 3, had not been extended to jammu & kashmir till the impugned action. ..... extension of the powers and jurisdiction of members of the police force belonging to any unit to railway area outside that unit. d. ..... extension of the powers and jurisdiction of members of the police force belonging to any unit to railway area outside that unit. d. ..... after consulting the officer commanding, srinagar forces, the governor of srinagar and the inspector general of police, we decided in the afternoon of 25th that the raiders should be given a receding battle. ..... at some of the street corners i noticed volunteers of the national conference with lathis who challenged passers-by; but the state police were conspicuous by their absence. ..... i am certain that he had never thought of the possibility of an invasion of his state by tribesmen nor of the large-scale desertions of muslims from his army and police. .....

Management of the Advance Insurance Co. Ltd. Vs. Gurudasmal, Supdt. of ...

Court : Delhi

Reported in : AIR1969Delhi330; ILR1969Delhi426

..... thereforee, the words 'for the state of delhi' or 'for the chief commissioner's province of delhi' which existed in the act prior to, the amendment of 1952 had never meant that the delhi special police establishment was a police force of the state off delhi or of the chief commissioner's province of delhi in the sense that it was under the control of the chief commissioner of the part c state of delhi or of the chief commissioner's province of delhi. ..... income tax officer, pondicherry, : [1968]68itr244(sc) relying on ram kishore sen v. ..... union of india, : [1966]1scr430 , it was assumed that the definition of the general clauses act in section 3(58) (b) including union territories into 'states' was applicable to the interpretation of the constitution. ..... promulgated by the president in exercise of the powers conferred on him by article 372-a(l) of the constitution which runs as follows:--'for the purposes of bringing the provisions of any law in force in india or in any part thereof, immediately before the commencement of the constitution (seventh amendment) act, 1956, into accord with the provisions of the constitution as amended by that act, the president may by order made before the 1st day of november, 1957, make such-adaptations and modifications of the law, whether by way of repeal or amendment, as may be necessary or expedient, and provide that the law .....

Mahaveer Prasad Prasan Kumar JaIn Vs. the Tahsildar, Pondicherry and a ...

Court : Chennai

Reported in : AIR1978Mad171

..... 'again at page 105 it is observed as follows:'in the present case, it is clear that the pondicherry legislature not only adopted the madras act as it stood at the date when it passed the principal act but also enacted that if the madras legislature were to amend its act prior to the date when the pondicherry government would issue its notification it would be the amended act which would apply. ..... the writ petition is to prohibit the respondents, the territory of pondicherry represented by the collector of pondicherry, from enforcing the provisions of the pondicherry pawn brokers act, 1966 as against the petitioner.2. ..... the only question that is urged in the affidavit in support of the writ petition is that the pondicherry pawn brokers act, 1966 hereinafter called the act, is a still-born legislation. ..... the petitioner has been carrying on the business of pawn broking at villiyanur road, nellitope, pondicherry after obtaining a licence under the pondicherry pawn brokers act, 1966 (act 11 of 1966). ..... section 2(1) of the said act reads as follows:--'the madras pawn brokers act 1943 (madras act 23 of 1943) (hereinafter referred to as the said act) as in force in the state of madras immediately before the commencement of the act shall extend to and come into force in the union territory of pondicherry subject to the following notification and adaptations namely'.the act was notified in the gazette of pondicherry on 15-10-1966. .....

Ramesh Birch and ors. Vs. Union of India and ors.

Court : Punjab and Haryana

Reported in : AIR1988P& H281

..... in exercise of the powers under section 1(2), the pondicherry government issued a notification dated march 1, 1966, bringing into force the madras act as extended by the act to pondicherry with effect from april 1, 1966, but in the meantime, the madras legislature had amended the madras act and consequently it was the madras act, as amended up to april l, 1966 which was brought into force under the said notification. ..... both the east punjab urban rent restriction act (punjab act 2 of 1985) and the indian stamp (punjab amendment) act, 1981, were enacted much after november 1, 1966. ..... have given only a few samples of such extensions under the delegated power in order to show that it had been the uniform legislative practice to extend the provisions of the amending act whenever the original enactment already extended is amended by the parent legislative authority.27. ..... for one thing, even on the basis of the reasoning of the learned judges, since the rower to legislate about the rates of stamp duty is vested in the state legislature in list ii of the seventh schedule and the amendment, by punjab act 27 of 1981, which is impugned in this case, related to only the rates of stamp duty payable on conveyance, an the ratio of the judgment in chander bhan's case (air 1965 punj 279)(supra) itself, the extension of punjab act 27 of 1981, to the union territory of chandigarh is not ..... of 1966) have extended to the union territory of chandigarh the east punjab urban rent restriction (amendment) act. .....

Mahaveer Prasad Prasan Kumar Jain, Represented by Its Proprietor, Maha ...

Court : Chennai

Reported in : (1977)2MLJ481

..... at least in regard to that particular matter.again at page 105 it is observed as follows:in the present case it is clear that the pondicherry legislature not only adopted the madras act as it stood at the date when it passed the principal act but also enacted that if the madras legislature were to amend its act prior to the date when the pondicherry government would issue its notification it would be the amended act which would apply. ..... the writ petition is to prohibit the respondents, the territory of pondicherry represented by the collector of pondicherry, from enforcing the provisions of the pondicherry pawn brokers act, 1966 as against the petitioner.2. ..... the only contention that is urged in the affidavit in support of the writ petition is that the pondicherry pawn brokers act, 1966, hereinafter called as the act, is a still-born legislation. ..... the petitioner has been carrying on the business of pawn-broking at villiyanur road, nellitope, pondicherry, after obtaining a licence under the pondicherry pawn brokers act (xi of 1966). ..... section 2(1) of the said act read as follows:the madras pawn brokers act (xxiii of 1943) (hereinafter referred as the said act) as is in force in the state of madras immediately before the commencement of the act shall, extend to and come into force in the union territory of pondicherry subject to the following notifications and adaptations namely.the act was notified in the gazette of pondicherry on 15th october, 1966. .....

Thallam Bala Subrahmanyam and ors. Vs. the State of Andhra Pradesh and ...

Court : Andhra Pradesh

Reported in : [1973]31STC498(AP)

..... during the pendency of the petition before the supreme court the pondicherry general sales tax (amendment) act, 1966, was passed retrospectively applying the madras act, as amended, to pondicherry from 1st april, 1966. ..... but when it not only adopts such an act but also provides that the act applicable to its territory shall be the act amended in future by the other legislature, there is nothing for it to predicate what the amended act would be. ..... in view of the amending act 28 of 1969, the decision in state of mysore v. ..... , who spoke for the majority held that there was a total surrender in the matter of sales tax legislation by the pondicherry assembly in favour of the madras legislature and, therefore, the pondicherry general sales tax act, 1965, was void and still-born. ..... the notification applied the madras act as amended to pondicherry. ..... accordingly, a notification was issued bringing the madras act into force in pondicherry from 1st april, 1966. ..... 1480, the petitioner challenged the validity of section 2(1) of the pondicherry general sales tax act, 1965. ..... the said provisions had authorised the state government to apply the madras general sales tax act, 1959, to pondicherry by a notification. ..... before the notification was issued, the madras act had been amended. .....

Brij Sunder Kapoor Vs. I Additional District Judge and ors.

Court : Supreme Court of India

Reported in : AIR1989SC572; JT1988(4)SC529; 1988(2)SCALE1418; (1989)1SCC561; [1988]Supp3SCR558

..... , that where there is abdication or effacement the legislature concerned in truth and in fact acts contrary to the instrument which constituted it and the statute in question would be void and still-born.in the present case it is clear that the pondicherry legislature not only adopted the madras act as it stood at the date when it passed the principal act but also enacted that if the madras legislature were to amend its act prior to the date when the pondicherry government would issue its notification it would be the amended act which would apply. ..... after the petition was filed, the pondicherry legislature passed an amendment act whereby section 1(2) of the principal act was amended to read that the principal act shall come into force on the 1st april, 1966 and also contained a validating provision in respect of all proceedings taken in between. ..... it so happened that, between 30th of june 1965 when the pondicherry act was published and the 1st april 1966, which was the notified date for its commencement, the madras legislature had substantially amended the madras act. ..... it was the madras act, as amended up to 1st april 1966, which was brought into force in pondicherry. .....

Maharashtra Rajya Mathadi Transport and Central Kamgar Union Vs. State ...

Court : Supreme Court of India

Reported in : AIR1995SC1575; [1995(71)FLR485]; JT1995(4)SC558; (1996)ILLJ862SC; 1995(3)SCALE176; 1995Supp(3)SCC28; [1995]3SCR920

..... therefore, a 'hundekari', whether he is called an agent, a manager or by any name prevailing in the scheduled employment, he can be regarded as a 'contractor' within the meaning of section 2(2) of the act when he engages such mathadi workers for the principal employer's establishment and not as employer within the meaning of section 2(3) of the act unless he engages the mathadi workers for the scheduled establishment either being a person who has the ultimate control of the affairs of the establishment or a person to whom the affairs of the establishment are entrusted by their owners.18. ..... but, when a 'hundekari' engages mathadi workers (unprotected workers) for executing the work of an establishment over which he has no ultimate control or the affairs of which are not entrusted to him he would be a contractor within the meaning of section 2(2) of the act and not an employer who either engages unprotected workers by or through a contractor in the scheduled employment or who has ultimate control over the affairs of the establishment or to whom the affairs of the establishment are entrusted within the meaning of section 2(3) of the act.17. ..... as seen from the decision of the state government, it is the provisions in section 2(3) of the act and clause 14 of the scheme which have made it to reach the conclusion that hundekaris are entitled to be registered as the employers for the purpose of the act and the scheme. .....