Judgment Search Results Home > Cases Phrase: west bengal legislative council abolition act 1969 repealed preamble 1 west bengal legislative council abolition act 1969 Page 1 of about 583 results (0.291 seconds)

District Magistrate Vs. K.C. Mammen Mapillai and ors.

Court : Chennai

Reported in : AIR1939Mad120; (1939)2MLJ135

..... clause (44):and we do further ordain and declare that all the provisions of these our letters patent are subject to the legislative powers of the governor-general in council, exercised at meetings for the purpose of making laws and regulations, and also of the governor-general in cases of emergency under the provisions of an act of the twenty-fourth and twenty-fifth years of our reign, chapter sixty-seven, and may be in all respects amended ..... section 6 of the general clauses act of 1897 provides that where the act, or any act of the governor-general in council or regulation made after the commencement of the act, repeals any enactment the repeal shall not revive anything not in force or existing at the time at which the repeal takes effect unless a different intention appears and section 7 says that in any act of the governor-general in council or regulation made after the commencement of the general clauses act, it shall be necessary for the ..... appears for the first respondent would have the court hold that the indian high courts act does not contemplate the abolition of the right to issue prerogative writs, but only confers the power of regulating the ..... it to be lawful for the crown, by letters patent under the great seal of the united kingdom, to erect and establish high courts at fort william in bengal, madras and bombay for the respective presidencies. ..... the preamble to the letters patent followed the provisions of section 9 of the act and the operative clauses were also in .....

Sk. Md. Rafique Vs. Managing Committee, Contai Rahamania High Madrasah ...

Court : Supreme Court of India

..... managing committee, contai rahamania high madrasah and others 12 (a) recognized or deemed to have been recognized under the west bengal board of secondary education act, 1963 or (b) recognized under the west bengal council of higher secondary education act, 1975, explanation ii aided with its grammatical variations, used with reference to a school, shall mean aided by the state government in the shape of financial assistance towards the basic pay of ..... vacancy; and that the management s right to choose a qualified person as the headmaster of the school is well insulated by the protective cover of article 30(1) of the constitution and it cannot be chiselled out through any legislative act or executive rule except for fixing up the qualifications and conditions of service for the post; and that any such statutory or executive fiat would be violative of the fundamental right enshrined in article 30(1) and would therefore ..... would leave no manner of doubt that if respondent no.4 is a minority institution, rule 28 of the rules for management of recognized non-government institutions (aided and unaided) 1969, cannot possibly apply as there would be a serious infraction of the right of respondent no.4 to administer the institution with teachers of its choice. ..... madrasah and others 60 of the choice made by the state about the kind of secular education which promotes national integration or the elevating objectives set out in the preamble to our constitution, and the best way of giving it. .....

Bombay Environmental Action Group, a Society Registered Under the Soci ...

Court : Mumbai

Reported in : 2005(6)BomCR574; (2005)107BOMLR337; (2006)4CompLJ117(Bom)

..... unwin, not with a view to commending the detailed provision of this bill to this council, but because i think that what he writes here will impress upon the honourable members of this council that what you are undertaking to do and what, i hope, will be carried through before long, is not merely an act of municipal legislation of the ordinary type, providing for sanitation and cleanliness, but that it goes a little ..... enacted as also the report of the west bengal pollution control board. ..... dyeing had submitted that the petition ought to be rejected on the ground of laches and the counsel relied on the following cases:i) trilokchand motichand's case- : [1969]2scr824 , wherein the hon'ble supreme court had held that a writ petition ought to be normally dismissed, if filed beyond three years period.ii) r.d. ..... thereafter in the year 1995 the parliament passed the textile undertaking nationalisation act, 1995 wherein it is mentioned in its preamble that the investment of a very large sums of money is necessary for the purpose of securing optimum utilisation of the available facilities for the manufacture, production and distribution of ..... council has held that when a section of a statute has been substituted by a new one, it may well be that upon the old section the argument on behalf of one of the parties would have had more force, but the court had to interpret the act as if presently stood and they cannot attribute to the particular section a meaning based on the reading of the repealed .....

State of Madras Represented by the Collector of Madras and ors. Vs. T. ...

Court : Chennai

Reported in : AIR1970Mad27; (1969)2MLJ443

..... has been held that section 3 of the crown grants act has no overriding effect on section 3 of the west bengal estates acquisition act and that a competent legislature can legislate so as to vary the effect of a crown grant and that section 3 of the crown grants act cannot limit the statutory competence of a state legislature to legislate on a subject assigned to it by the constitution. ..... has been held in that decision that the rule of construction that the king is not bound by a statute unless he is expressly named or brought in by necessary implication, which was accepted by the privy council in interpreting statutes vis-a-vis the crown is inconsistent with and incongruous in the present set up and that in the context of modern notions of the functions of a welfare state, there is no sufficient reason to ..... the privy council referred to the first part of the preamble that it was intended to settle doubts which had arisen as to the effect of the transfer of property act and stated that the general words of section 3 could not be read in their apparent generality and must be read with reference to the general context and could not be construed to extend ..... zamindari abolition act and similar legislation.11. ..... neither expressly nor by necessary implication does the government grants act either stand repealed or has fallen into obsolescence.we hold that it is open to the state to put forward successfully the contention that the express stipulation found in the terms of the grant, such as .....

Secretary, Ministry of Information and Broadcasting, Govt. of India an ...

Court : Supreme Court of India

Reported in : AIR1995SC1236; JT1995(2)SC110; 1995(1)SCALE539; (1995)2SCC161; [1995]1SCR1036

..... (decision 59/60 (1960) giurisprudenza constitutional 759) the constitutional court of italy upheld rai's monopoly with reference to article 43 of the constitution which enables legislation to reserve (or expropriate subject to compensation) for the state, businesses which are concerned with vital public service or are natural monopolies and which are ..... consideration of such payments as it thinks fit, to any person to establish, maintain or work a telegraph within any part of india :provided further that the central government may, by rules made under this act and published in the official gazette, permit, subject to such restrictions and conditions as it thinks fit, the establishment, maintenance and working -(a) of wireless telegraphs on ships within india territorial waters and on aircraft ..... bengal (cab) is also non-profit making organisation which controls officially organised game of cricket in the state of west bengal ..... it is said that this act ultimately imposed as many restraints on broadcasters' freedom as there were in force earlier.france :para 11 of the declaration of the rights of man adopted by the national assembly in 1789 - affirmed in the preamble to the constitution of the fifth republic (1958) and treated as binding on all branches of ..... violent and sexually explicit programmes through the establishment of broadcasting standard council and the strengthening of the impartiality rules. ..... broadcasting and ultimately in 1987 the fairness doctrine was repealed by fcc. ..... 1969 .....

Shri Shiv Kirpal Singh Vs. Shri V.V. Giri

Court : Supreme Court of India

Reported in : AIR1970SC2097; (1970)2SCC567; [1971]2SCR197

..... . no member of the legislative assembly of west bengal or andhra pradesh came to give evidence to the effect that the respondent or his supporters had raised a scare that sri sanjeeva reddy, if successful in the presidential election, would enforce president's rule in those states.356 ..... 'corrupt practice' in relation to an election by the members of a provincial legislative assembly to fill seats in provincial legislative council, means one of the practices specified in parts i and ii of the first schedule to this order, 'undue influence' was defined in clause 2 of the first schedule to mean 'any direct or indirect interference or attempt to interfere on the part of a candidate or ..... . corrupt practice in relation to an election by the members of a provincial legislature to fill seats in provincial legislative council, meant one of the practices specified in parts i and ii of the first schedule to the order, and in relation to any other election, meant one of the practices specified in parts i, ii and iii of that schedule ..... .(4) the official announcement of the selection of sri sanjeeva reddy as congress candidate for the office of the president of india was made on 13th july 1969 and on the same day the respondent who was then acting as the president of india called a press conference at rashtrapati bhavan whereat he announced his candidature for the office of the president .....

Kaamareddy Suryanarayana and anr. Vs. the District Co-operative Office ...

Court : Andhra Pradesh

Reported in : AIR1976AP340

..... which became law may be read now:'at the conference of chief ministers and ministers of the states in charge of co-operation held at madras on 12th june, 1968, certain recommendations were made for amending the co-operative societies act in force in the states so as to make provision for the following, among other matters, namely for curbing the growth of vested interest in co-operative societies, imposing restriction on holding membership in the committees of co-operative societies consecutively ..... proviso to the section it is mentioned that any society existing at the commencement of the new act which has been registered or deemed to have been registered under the relevant repealed act shall be deemed to have been registered under the new act and the bye-laws of such society shall so far as they are not inconsistent with the provisions or the new act or the rules made thereunder continue to be in force until altered or rescinded in accordance with ..... state of west bengal air 1962 cal 901 the calcutta high court has held that art ..... maxwell on 'the interpretation of statutes' (twelfth (1969) edition) at page 86 is of the view that the object or policy of the legislation often affords the answer to problems arising from ambiguities which it contains.59 ..... the judicial committee of the privy council referred to extraneous matter in british coal corporation v. r ..... the council of ministers with the chief minister at the head shall have to aid and advise the governor in the exercise of his .....

Kommisetty Nammalwar and Co. Rep. by Its Proprietor Kommisetty Nammalw ...

Court : Andhra Pradesh

Reported in : 2009(4)ALT431:AIR2009NOC2482(A.P)(F.B).

..... and in those writ petitions, this high court held that notification of areas involving a change in the jurisdiction of existing committee was illegal as it contravened the provisions of section 36 of the act which required notification of the areas already notified under the repealed acts and that inclusion of new areas in, or exclusion of any area from, such notified areas should have been notified separately under section 3(4). ..... that while rendering services in the market area for the purpose of facilitating the transactions of purchase and sale with a view to achieve the objects of the marketing legislation it is not necessary to confer the whole of the benefit on the licensees but some special benefits must be conferred on them which have a direct, close and ..... gujarat, west bengal, ..... the legislature cannot be tested by taking aid of the preamble of the act particularly when the language of section 2(1)(a) is inclusive, unambiguous, ..... rule 2(xxiii) of the andhra pradesh (agricultural produce and livestock) markets rules, 1969 (the rules, for brevity) defines trader means, 'a person ordinarily engaged in the business of buying and selling of notified agricultural produce, livestock or products of livestock as a principal or as a duly authorized ..... marketing regulation act as prohibiting the abolition of a market once established and bar the transfer of the market to another place would, as we said, be to defeat the very object of the act. ..... buckingham county council (1960) 3 all er 503 .....

State of Gujarat Vs. Shantilal Mangaldas and ors.

Court : Supreme Court of India

Reported in : AIR1969SC634; (1970)72BOMLR1; (1969)GLR879(SC); (1969)1SCC509; [1969]3SCR341

..... : [1967]2scr949 : [1967]2scr949 an owner of land whose property was requisitioned under the west bengal land (requisition and acquisition) act, 1948, questioned the validity of the act by a writ petition filed in the high court of calcutta on the plea that it offended ..... if compensation fixed by the legislature-and by the use of the expression 'compensation' we mean what the legislature justly regards as proper and fair recompense for compulsory expropriation of property and not something which by abuse of legislative power though called compensation is not a recompense at all or is something illusory-is not justiciable, on the plea that it is not a just equivalent of the property compulsorily acquired, is it open to the courts ..... madhya pradesh : [1952]1scr1020 but before these petitions could be disposed of, the constitution (first amendment) act, 1951, was enacted with a view to eliminate all litigation challenging the validity of legislation for the abolition of proprietary and intermediary interests in agricultural lands on the ground of contravention of the fundamental rights contained ..... by section 90(2) making of any scheme commenced under the repealed act was to be continued and the provisions of the) new act were to have effect in relation to the publication, declaration of intention, draft scheme, final scheme, sanction, variation, restriction, proceedings, suspension and recovery ..... town planning act 1 of 1915 was repealed by section 90 of the bombay town planning act 27 of .....

Brooke Bond India Ltd. Vs. Union of India and ors.

Court : Andhra Pradesh

Reported in : 1984(3)ECC107; 1984(15)ELT32(AP)

..... while dealing with the meaning and scope of the expression 'food stuff' as defined in clause 3 of the spices (forward contracts prohibition) order, 1944 read with section 2(a) of the essential supplies (temporary powers) act, 1946, which reads thus : 'much learned judicial thought has been expended upon this problem - what is and what not food and what is and what is not a food stuff : and the ..... of his own growing or grown by others; and includes a person curing such product by the labour of his relatives, dependants, or any person in his employ; (v) 'duty' means the duty payable under section 3 of the act; (vi) 'grower' means a person growing unmanufactured products whether by his own labour, or by that of his relatives, dependants or other persons in his employ, or by tenants; (ix) 'unmanufactured products' means excisable goods which are ..... supreme court said : 'though the definition may be more or less the same in two different statutes, still the objects to be achieved not only as set out in the preamble but also as gatherable from the antecedent history of the legislation may be widely ..... examine the language of that statute and to ascertain its proper meaning uninfluenced by any consideration derived from the previous state of the law or of the english law upon which it may be in [state of west bengal v. b. ..... : 'any and every process, treatment or adaptation will not amount to or result in a manufacture within the meaning of section 2(16) of the gujarat sales tax act, 1969 .....