Court : Chennai
Reported in : (2008)2MLJ348
..... more, section 4(2) of the pondicherry (administration) act, 1962 speaks thus '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, within three years from the appointed day, by order, make such adaptations and modifications, whether by way of repeal or amendment, as may be necessary or expedient and thereupon every such law shall have effect subject to the adaptations ..... the indian law by way of enforcing the mortgage in an action of this kind is to disregard the nature and amplitude of the saving provisions of the pondicherry (extension of laws) act, 1968, i have little hesitation in rejecting this contention of the appellant and in holding that even though the plaintiff might have had the alternative relief of enforcing the mortgage as if were a decree without resorting to an action in a civil court, undoubtedly she shared with the other indian citizens the right to file a suit on the mortgage deed in a civil court, obtain a ..... wherein it is observed as follows:(b) pondicherry (extension of laws) act (1969) section 4 - mortgage executed before notaire executable under the french law without recourse to suit - indian enactments extended to pondicherry by the pondicherry (extension of laws) act 1968 section 4(1), (2) - subsequent suit on the mortgage in indian court - .....
Tag this Judgment!Court : Gujarat
Reported in : [1982]51STC88(Guj)
..... the pondicherry legislature passed the pondicherry sales tax (amendment) act, 1966, whereby it was, inter alia, provided that the madras general sales tax rules, 1959, and any other rules made or issued under the said act and similarly in force in so far as their application is required fort he purpose of effectively applying the provisions of the said act shall also extend to and be in force in the union territory of pondicherry until such time as the rules are framed under the pondicherry act. ..... this part of the ruling of the court clearly indicates that the pondicherry legislation was held to be void since it not only applied the madras act or the rules as were in force but also the act as may be amended in future, and to that extent there was a complete non-application of mind. ..... section 5(2) of the amending act provided for the validation of any rule, notification or any action or thing made, issued, taken or done before the commencement of the act in respect of cotton, woollen or rayon fabrics and the levy and collection of duties on the said articles and also prohibiting the filing of suit or proceeding for the refund of duties so levied and collected and also prohibiting the enforcement of any decree or order made by the court directing refund of such duties. 18. ..... union territory of pondicherry [1967] 20 stc 215 (sc). ..... sharma rao's case [1967] 20 stc 215 (sc) clearly supports our view. ..... sharma rao's decision [1967] 20 stc 215 (sc). 24. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : [1968]3SCR41
..... , decree or order of any court to the contrary,- (a) no acquisition of land made or purporting to have been made under the principal act before the commencement of the land acquisition (amendment and validation) ordinance, 1967, and no action taken or thing done (including any order made, agreement entered into, or notification published) in connection with such acquisition shall be deemed to be invalid or ever to have become invalid merely on the ground- (i) that one or more collectors have performed the functions of collector under the principal act in respect of the land covered by the ..... " section 5 of the amending act repealed the land acquisition, (amendment and validation) ordinance, 1967 and further pro- vided that notwithstanding such repeal, anything done or any action taken under the principal act as amended by the said ordinance shall be deemed to have been done or taken under the principal act as amended by,_this act as it this act had come into force on the 20th january, 1967. ..... section 4 of the amending act being within the legislative competence of parliament, the provisions thereof are binding on all courts of law notwithstanding judgments, orders or decrees to the contrary rendered or made in the past. ..... it is not necessary to set out the provisions of the ordinance as it has been substituted by land acquisition (amendment and validation) act, 13 of 1967 (hereafter referred to as the amendment act) passed on april 12, 1967. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1974SC1660; [1974]94ITR204(SC); (1974)4SCC98; [1974]2SCR879; [1974]33STC219(SC)
..... not only adopted the madras act as it stood at the date when it passed the principal act, but in effect also enacted that if the madras legislature were to amend its act prior to the notification of its extension to pondicherry, it would be the amended act that would apply; that the legislature at that stage could 'not anticipate that the madras act would not be amended nor could it predicate what amendments would be carried out or whether they would be of a sweeping character or whether they would be suitable in pondicherry and that, the result was that the pondicherry legislature accepted the amended act ..... . the union territory of pondicherry : [1967]2scr650 and that contained in section 8(2)(b) of the central sales tax act ..... v. pondicherry : [1967]2scr650 in support of this submission ..... v. state of punjab : [1967]3scr557 , the question was whether section 5 of the east punjab general sales tax act, 1948, which empowered the state government to fix sales tax at such rates as it thought fit was ..... . state of punjab : [1967]3scr557 confers a power and imposes a duty on the legislature to make laws ..... v. norman eggert kropp [1967] ac ..... v. kroop [1967] 1 .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1994AP225; 1994(1)ALT376
..... union territory of pondicherry, : [1967]2scr650 a constitution bench of the supreme court decided by a majority of 3 against 2, held (para 10):'the pondicherry general sales tax act which extended the madras general sales tax act (1 of 1959) as it stood immediately before the date on which the pondicherry act would be brought into force in the territory of pondicherry by a notification issued by the government as provided in section 1(2) was void and still born, because the pondicherrylegislature in enacting the act in that manner had totally abdicated its legislative functions in the matter of sales tax legislation and surrendered it in favour of madras ..... the, court held that the scheme of the act provided sufficient guidelines, and with the entrustment of the power to add to, amend or cancel any of the items of agricultural produce which was a matter of detail to be worked out in the context of the policy specifically indicated in the statute, did not amount to delegation of essential legislative functions. ..... it was also submitted that section 29 enabling the state government to add to, amend or cancel any of the items of agricultural produce specified in the schedule to the act was essentially a legislative power, and conferment of the power on the state government without mentioning any specific guidelines amounted to excessive delegation of legislative powers. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [2002]126STC132(AP)
..... the madras high court after considering the terms of the notification held that the exemption granted under the pondicherry general sales tax act, 1967 was conditional, i.e. ..... southern distributors [1996] 102 stc 509, the madras high court considered the notification issued under section 19 of the pondicherry general sales tax act, 1967. ..... (2a) notwithstanding anything contained in sub-section (1a) of section 6 or sub-section (1) or clause (b) of sub-section (2) of this section, the tax payable under this act by a dealer on his turnover in so far as the turnover or any part thereof relates to the sale of any goods, the sale or, as the case may be, the purchase of which is, under the sales tax law of the appropriate state, exempt from tax generally or subject to tax generally at a rate which is lower than four per cent (whether called a tax or fee or by any other name ..... 37/70/ finance (st) dated august 21, 1970 the exemption was granted in respect of the tax payable under the local act on the sales of pesticides meant for agricultural purpose in the whole of the union territory of pondicherry. ..... , for agricultural use in the union territory of pondicherry and therefore no exemption could be allowed under the central act.24. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1971Ker98
..... . by section 45-a rent paid or deposited after the 19th may, 1967 (the date on which the kerala stay of eviction proceedings ordinance 4 of 1967 came into force) and before the commencement of the amending act towards rent accrued due before the 1st day of may 1966 is, notwithstanding any contract or judgment, decree or order of any court or land tribunal, to be adjusted to the rent accrued due after the 1st may, 1966, and judgments, decrees or orders of courts or land tribunals are to be reopened and modified accordingly ..... . it says that notwithstanding anything contained in any contract, judgment, decree or order of any court or tribunal, if a tenant pays towards arrears of rent accrued due before the 1st day of may, 1968 and outstanding at the commencement of the amending act, the amounts specified in the table appended, the arrears snail be deemed to be wiped off ..... it has been amended three times, first by act 12 of 1966, then by act 9 of 1967, and now by act 55 of 1969, the amendments made by the last mentioned act (which we shall call the amending act) being far-reaching. ..... . the provisions of act i of 1964 were amended by act 12 of 1966 and act 9 of 1967 .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2004KAR4786; 2004(7)KarLJ438
..... again in the case of k.a srikanta (supra), the division bench of this court has held as follows;'in this appeal, shri mohandas hegde, learned counsel for the appellant, contended that the first ground on which the tribunal rejected the petitioner's application, was no longer valid in view of the amendment of clause (34) of section 2 of the act by the karnataka land reforms (amendment) act, 1978, enlarging the definition of tenant to include a person who cultivates personally any land on lease under a lease created contrary to the provisions of section 5 and before the commencement of the amendment act (1.3.1974) ..... as follows;' 'tenant' means an agriculturist (who cultivates personally the land he holds on lease] from a landlord and includes,- i) a person who is deemed to be a tenant under section 4; ii) a person who was protected from eviction from any land by the karnataka tenants (temporary protection from eviction) act, 1961; iia) a person who cultivates personally any land on lease under a lease created contrary to the provisions of section 5 and before the date of commencement of the amendment act; iii) a person who is a permanent tenant; and ..... it is held in the said decision as follows;'sub-section (7) of the amendment act has, as seen, validated all tenancies of lands created contrary to the provisions of section of the act between 2.10.1965 and 1.3. ..... after obtaining a decree, she brought the disputed property for auction sale in execution ..... 105/1967 for recovery of the said .....
Tag this Judgment!Court : Chennai
Reported in : AIR1975Mad345
..... section 3(1) of the pondicherry (extension of laws) act, 1968, which received the assent of the president on 24-5-1968 and was published on that date, says that the acts specified in part i of the schedule as they are generally in force in the territories to which they extend and the acts specified in part ii of the schedules as they were in force on the 1st day of august, 1966, in the state or union territory mentioned there against shall extend to pondicherry, subject to the modifications, if any, specified in the schedule. ..... the constitution was amended by the constitution (seventh amendment) act, 1956, which introduced article 372a in the constitution permitting adaptations and modifications of all laws which may be necessary pr expedient for the purpose of bringing the provisions of the law into accord with the constitution as amended by the seventh amendment act. ..... the petitioner's case is that as he was permitted to continue in possession of the demised property with some additions, which he claims to have made to the same even after the expiry of the lease on 1-10-1967, the lease stands renewed for a further period of five years under article 1738 of the code civil of pondicherry and that he is entitled to be in possession until 1972. ..... this appeal is against the judgment and decree dated18-3-1970 of the additional district judge. ..... and section 45-a deals with execution of decrees etc. ..... 167 of 1970 has been filed against that decree. ..... 167 of 1970 in this court against that decree. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1977Bom99
..... but this question about the constitutional validity of the amending act does not really fall for consideration because learned counsel for the appellant did not contest the position that after the enactment of the 17th amendment to the constitution, and the inclusion of west bengal act i of 1954 among those specified in schedule ix, the absence of a provision for compensation for the acquisition of the appellant's rights would not render the west bengal act or the acquisition thereunder unconstitutional,'the observation of the supreme court in ram kissen ..... observed that the basic structure case : air1973sc1461 overruled golak nath's case : [1967]2scr762 (supra), it accepted the constitution (twenty-fourth amendment) act, 1971 as validly made and it further ruled that what was implicit in article 368 from the very beginning had been made explicit by the amendment to article 368 itself by the parliament. ..... the generality of the provisions contained in article 31-a, none of the acts and regulations, specified in the ninth schedule nor any of the provisions thereof shall be deemed to be void, or ever to have become void, on the ground that such_ act, regulation or provision is inconsistent with, or takes away or abridges any of the rights conferred by, any provisions of this part, and notwithstanding any judgment, decree or order of any court or tribunal to the contrary, each of the said acts and regulations shall, subject to the power of any competent legislature to repeal or amend .....
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