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Judgment Search Results Home > Cases Phrase: the punjab preemption repeal act 1973 Court: mumbai Page 1 of about 867 results (0.175 seconds)

Feb 22 1910 (PC)

In Re: Chanda Singh

Court : Mumbai

Reported in : (1910)12BOMLR425

..... came up for hearing however, chanda singh himself appeared, accompanied by his counsel, and his counsel specifically stated that chanda singh withdrew all the grounds alleged in his petition as grounds for review, admitted that the facts were as found in the order of this court of 16th march 1908, and that he had been guilty of grave professional misconduct.again they say-we think it will be agreed on all hands that there can hardly be any ..... deep contrition, and made promises of amendment, we think that we are justified in recommending that his sentence be reduced to one of suspension for three years from the date of our order, dated 16th march, 1908, and if the learned chief judge agrees to that course rules regulating enquires into the conduct of legal practitioners-rule 3), we propose to pass an order modifying our previous one and directing that chanda singh be suspended for throe years from ..... the appellant acted as pleader in a preemption suit, first for one partab singh, and after the death of the latter for his minor son, harbans singh, who was under the guardianship of his mother, ishar kaur. ..... the appeal is against two orders of the chief court of the punjab dated 16th march, 1908, and 5th february, 1909. .....

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Aug 13 1976 (HC)

Vithalrao Udhaorao Uttarwar and ors. Vs. the State of Maharashtra

Court : Mumbai

Reported in : AIR1977Bom99

..... the full bench of the punjab and haryana high court in such a singh bajwa's case considered the definition of the term 'family' as available in section 3 (4) of the punjab land reforms act, 1973 anddid not accept the contention that ..... 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 ..... to construe article 31-b as affording protection only so far as these rights are taken away by an act in violation of the provisions of the new constitution but not when they are taken away by an act in violation of section 299 of the government of india act, which has been repealed. ..... by constitution (twenty-fourth amendment) act, 1971, clause (1) was substituted and in terms constitution now declares that 'notwithstanding anything in this constitution, parliament may in exercise of its constituent power amend by way of addition, variation or repeal any provision of this constitution in accordance with the procedure laid down in this article', the width and scope of this clause is .....

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Mar 30 2010 (HC)

Union of India (Uoi) Through the Commissioner of Customs (P) Vs. Mr. Z ...

Court : Mumbai

Reported in : 2010(112)BomLR2266,2010(176)LC257(Bombay)

..... 1, raised a preliminary objection about maintainability of the present writ petition on the ground that under section 130(3) of the customs act, 1962 if the appellate tribunal refuses to state the case on the ground that no question of law arises, the commissioner of customs may within six months from the date on which he is served with notice of such refusal, apply to the high court and the high court may if it is not satisfied with the correctness of the decision of the appellate tribunal, require the appellate tribunal to state the case and to refer it. ..... 13,30,000/approximately, sometime on 12.10.1995 in contravention of sections 111, 113, 114, 118 and other sections of the customs act, 1962 read with section 13(2) of the foreign exchange regulation act, 1973. ..... (sc) 723 the scheme of consolidation of holdings relating to village bhawanipur, tahsil garhsankar, district hoshiarpur, punjab prepared by the consolidation officer, confirmed by the settlement officer on february 11, 1964 was sought to be challenged in the year 1968 in the writ petition. ..... state of punjab and ors. .....

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Jan 21 2004 (HC)

Mohanlal Vanmalidas and Company and ors. Vs. Collector of Customs, (Pr ...

Court : Mumbai

Reported in : 2004(2)BomCR703; 2004(2)MhLj489

..... liabilities already accrued or incurred under the repealed enactment.later on, to dispense with necessity of having to insert a saving clause on each occasion, section 38(2) was inserted in the interpretation act of 1889 which provides that a repeal, unless the contrary intention appears, does not affect the previous operation of the repealed enactment or anything duly done or suffered under it and any investigation, legal proceeding or remedy may be instituted, continued or enforced in respect of any right, liability and penalty under the repealed act as if the repealing act had not been passed. ..... the learned counsel for the respondents submitted that upon repeal of gold (control) repeal act, 1990, section 6 of general clauses act, 1897 comes into play and, therefore, the repeal of the gold (control) act, 1968 shall not, inter alia, affect the investigation and the legal proceedings already commenced under the repealed act.5. ..... /48 dated 25-8-1948 issued under section 8(1) of the foreign exchange regulations act, 1947 which is deemed to have been issued under section 13(1) of the said act, 1973 and which prohibition deemed to have been issued under section 11 of the customs act, 1962;and whereas it also appears that the actions of s/shri p. l. ..... the reason for enacting section 6 of the general clauses act has been considered by the supreme court in state of punjab v. .....

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Jan 25 2008 (HC)

Ashok Organic Industries Ltd. a Company Incorporated Under the Compani ...

Court : Mumbai

Reported in : 2008(3)BomCR78; (2008)110BOMLR531; [2008]114CompCas144(Bom); (2008)3CompLJ61(Bom)

..... the supreme court concluded that the latter two provisions were impliedly repealed by virtue of the enactment of the amended section 80 of the railways act, 1890 on the basis that section 80 was a complete self contained special law as regards the subject matter as to the place of the filing of such suits and in this regard held as follows: 'the doctrine of implied repeal is based on the postulate the legislature which is presumed to know the existing state of the law did not intend to create any confusion by retaining conflicting provisions. ..... -(1) the provisions of this act and of any rules or schemes made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law except the provisions of the foreign exchange regulation act, 1973 (46 of 1973) and the urban land (ceiling and regulation) act, 1976 (33 of 1976) for the time being in force or in the memorandum or articles of association of an industrial company or in any other instrument having effect by virtue of any law other than this act. ..... on the other hand a learned single judge of the high court of punjab and haryana in pasupati spinning and weaving mills ltd. v. ..... punjab national bank : [1990]3scr649 morgan securities and credits pvt. ..... punjab national bank : [1990]3scr649 ; allahabad bank v. ..... punjab national bank] : [1990]3scr649 ; allahabad bank v. .....

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Dec 19 2007 (HC)

Ravi Shinde and ors. Vs. Medical Council of India and the Deputy Regis ...

Court : Mumbai

Reported in : 2008(2)ALLMR7; 2008(2)BomCR430; (2008)110BOMLR194; 2008(2)MhLj746

..... the course of study, its duration and the scheme of examination are regulated by the homeopathy (diploma course) dhms regulations, 1983 framed by the central council of homeopathy under section 20 of the homeopathy central council act, 1973. ..... preeti srivasthav's case (supra), the punjab & haryana high court vide its judgment dated 27/2/2003 held that the university had the jurisdiction to lay down conditions for admission to the next higher class/phase of the course for maintaining the standard of medical education in the colleges affiliated to it. ..... she has also drawn our attention to the judgments of the punjab & haryana high court, madhya pradesh high court and andhra pradesh high court wherein regulation 7 has been interpreted. ..... baba farid university of health science, faridkot, the punjab & haryana high court was considering similar question. ..... this judgment was taken into consideration by the punjab & haryana high court in jyotis cherian john and ors. v. ..... in that case, the punjab & haryana high court had an occasion to deal with a similar question. ..... the respondents filed writ petition in the punjab & haryana high court. ..... in this connection, we may refer to the judgment of the supreme court in council of homeopathic system of medicine, punjab and ors. v. .....

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Nov 09 1984 (HC)

Escorts Ltd. and Another Vs. Union of India and Others

Court : Mumbai

Reported in : [1985]57CompCas241(Bom)

..... 46 of 1973), hereinafter referred to as 'the fera', is :'an act to consolidate and amend the law regulating certain payments, dealings in foreign exchange and securities, transactions indirectly affection foreign exchange and the import and export of currency and bullion, for the conservation of the foreign exchange resources of the country and the proper utilisation thereof in the interests of the economic development of the country.'53. ..... it is averred that at the insistence of punjab to reconsider the decision reducing to register the transfer of shares in the name of the caparo group of companies, a meeting of the lawyers of the petitioner-company with the legal adverse of financial institutions was fixed on november 1, 1983, at the office of the ifci, new delhi. ..... although the 1882 act had been repealed and repealed and replaced by later acts, there was nothing in those subsequent acts which could reasonably be interpreted as taking away that elementary right. .....

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Jul 16 2009 (HC)

Mr. Chimanlal Shah Vs. Mrs. Farhana Abdul Jabar Sayyad

Court : Mumbai

Reported in : 2009(6)MhLj598

..... it is permissible to refer to the previous state of the law or to judicial decisions interpreting the repealed acts for the purpose of construction of the corresponding provisions in the consolidation act. ..... on licence on expiry: (1) notwithstanding anything contained in this act, a licnesee in possession or occupation of premises given to him on licence for residence shall deliver possession of such premises to the landlord on expiry of the period of licence; and on the failure of the licensee to so deliver the possession of the licensed premises, a landlord shall be entitled to recover possession of such premises from a licensee, on the expiry of the period of licence, making an application to the competent authority, and, the competent authority, on being satisfied that the period of licence has expired, shall pass an order ..... but when the repeal is followed by fresh legislation on the same subject we would undoubtedly have to look to the provisions of the new act, but only for the purpose of determining whether they indicate a different intention.the line of enquiry would be, not whether the new act expressly keeps alive old rights and liabilities but whether it manifests an intention to destroy them. ..... divekar, it is stated that: 1stwhen the licensees prior to february 1973 were made deemed tenants, subject to the provisions of act of 1947 by introducing section 15a by mah. ..... 84 (state of punjab v. ..... 84 (state of punjab v. .....

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Sep 17 2010 (HC)

Mr. Aatif Nasir MullA. Aged 28 Years, and ors. Vs. the Central Pota Re ...

Court : Mumbai

..... notably, there is no express provision in the repeal act as to what would be the consequence if the review committee failed to review any case, of which cognizance has already been taken by the competent court in relation to the offence under the principal act, within one year from coming into force of the repeal act inspite of the obligation to do so in terms of section 2(3) of the repeal act. ..... this distinction cannot be the basis to assume that the effect of the provisions of the repeal act made it obligatory for the review committee to reconsider the case of each of the petitioners afresh irrespective of the fact that their case was already reviewed by the committee constituted under section 60 of the principal act before coming into force of the repeal act. ..... as he then was) put it in keshvananda bharati's case, [(1973) 4 scc 225, 969 (para 2017)]"while interpreting words in a solemn document like the constitution, one must look at them not in a school-masterly fashion, not with the cold eye of a lexicographer, but with the realization that they occur in 'a single complex instrument in which one part may throw light on the other' so that the construction must hold a balance between all its parts." " 31. ..... counsel for the petitioners had placed reliance on the decision of the apex court in the case of state of punjab v/s. .....

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Jun 21 2007 (HC)

Satish Nambiar Vs. Union of India (Uoi), Through Ministry of Home Affa ...

Court : Mumbai

Reported in : AIR2008Bom158; 2007(5)ALLMR259; 2007(5)BomCR247

..... once it is found that the power exercisable under sections 3 and 4 of the [punjab gram panchayat] act (1952) respectively is legislative in character, the question that arises is whether the state government, while exercising that power, the rule of natural justice is required to be observed. ..... , within five years after registration under sub-section (1) of section 7a, has been sentenced to imprisonment for a term of not less than two years; or(e) it is necessary so to do in the interest of the sovereignty and integrity of india, the security of india, friendly relations of india with any foreign country, or in the interests of the general public.besides the power of the government under the above provisions, a citizen of india, who has been granted any of the benefits shall cease to be a citizen of india if he is deprived of that citizenship by an order ..... he was employed as a driver with an american diplomat from 1973 to 1976, and in the year 1982, he was transferred to american consulate general at mumbai. .....

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