Court : Mumbai
Reported in : 2009(1)BomCR501
..... when parliament stepped in and enacted the central amendment act, it being a later law made by parliament, 'with respect to the same matter', the west bengal amendment act stood impliedly ..... shasti has further submitted that the prevention of cruelty to animals act, 1960 is not a superseding act to any other acts pertaining to the welfare of dogs/animals, and therefore it can be believed that the provisions pertaining to the dogs in section 191ba of the mumbai municipal corporation act, section 336 of city of nagpur corporation act, 1948 and section 293 of maharashtra municipal councils, nagar panchayats and industrial townships act, 1965 are enforceable since it has legal ..... that as maharashtra private security guards act 1981 was a specialized legislation, it could prevail over contract labour (abolition & regulation) act, 1970, being general legislation.(8) in w.p. ..... vahanvati has has dealt with the prevention of cruelty to animals act 1960 which was enacted by parliament, the preamble of which states:an act to prevent the infliction of unnecessary pain or suffering on animals and for that purpose to amend the law relating to the prevention of ..... no. 7 of 1969), (for short, 'gm act'), the mumbai municipal corporation act, 1888,(for short 'mmc act') and the maharashtra municipalities act (for short, 'mm act') contain ..... no. 7 of 1969) (for short, 'gm act'), casts any mandatory obligation of mass killing of stray dogs, but they only confer discretion to the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2010(1)ALT112
..... better administration of the wakfs and matters connected thereto and the constitution of the wakf board in terms of section 14 of the wakf act, 1995 comprises of such persons as are elected from amongst the muslim members of parliament, muslim members of state legislative, muslim member of bar council of the state and muthawallies of the wakfs having annual income of rupees one lakh or more and nominated members from the muslims organization ..... there, constitutional validity of certain provisions of the west bengal special courts act, 1950 was challenged on the ground that they were discriminatory and violative of article 14 ..... in the said decision in pannalal's case (13 supra) the abolition of hereditary trusteeship was upheld as being part of the due administration which is a secular function and protected under article 25(2) and not ..... the object of the legislation, as indicated in the preamble, is to amend and consolidate the law relating to the administration and governance of hindu religious and charitable institutions and endowments in ..... the wakf act, 1995, has been made a self contained code as regards the administration of wakfs, and all the existing wakf laws in different states have been repealed, thereby introducing a uniform law for the entire country, except the state ..... the wakf act, 1954 in 1959, 1964, 1969 and 1984, but still there was criticisms as to its actual working, so a new comprehensive bill on matters pertaining to wakf was passed in the year 1995 (act no. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1968SC1395; (1969)71BOMLR141; 1969MhLJ17(SC); [1968]3SCR712
..... further item 20 specifically mentions the west bengal land development and planning act, 1948 (west bengal act xxi of 1948), as amended by west bengal act xxix of 1951. ..... the high court held that 'the maharashtra agricultural lands (ceilings on holdings) act, 1961, is a valid piece of legislation and within the competence of the state legislature to enact, except that the provisions of s. ..... the effect of our decision however would not be entitle petitioners to get any declaration that their lands which are held by an industrial undertaking are exempt from the operation of the act nor that the orders passed by the first respondent on the 28th of february 1963 are null and void and have no legal effect. ..... for example, the madras estate (abolition and conversation into ryotwari) act, 1948 (madras act xxvi of 1948) is mentioned in item 9, while the madras estates (abolition and conversion into ryotwari) amendment act, 1950 (madras act i of 1950) is mentioned in item 10. ..... 31b does not protect from challenge on the ground of violation of fundamental rights the provisions of acts amending the maharashtra agricultural lands (ceilings on holdings) acts, 1961, as originally enacted : (2) that the seventeenth amendment in spite of the decision of this court in i. c. ..... in the alternative he urges that the state legislature had no authority to legislate adversely on matters falling within item 52. ..... the preamble of the impugned act gives broadly the general purpose of the act. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1970Kant171; AIR1970Mys171
..... whether in a suit for eviction filed when the west bengal premises rent control (temporary provisions) act, 1950, was in force, the provisions of section 24 of the west bengal premises tenancy act, 1956, which repealed the former act ..... law must have universal application for all persons who are not by nature, attainment or circumstance, in the same position; the state can, by classification, determine who should be regarded as a class for purposes of legislation and in relation to a law enacted in respect of a particular subject; but such classification must be based on some real and substantial distinction bearing a just and reasonable relation to the objects sought to be ..... it is well settled that the preamble of an act is merely intended to indicate the main purpose of act and does not cover the entire ambit of the act; the preamble cannot control the meaning or scope of any section in that act; and when there is conflict between preamble and the enacting portion, ..... new obligations on employers in relation to their workmen, should be construed as retrospective or not retrospective in operation, has been well set out, if we may say so with respect, by the judicial committee of the privy council in sunshine porcelain potteries v ..... . mohitosh mukherjee, (1969) 2 scj 661 = (air 19(59 sc 1187) the supreme court has reiterated that it is a well-accepted canon of interpretation of statutes that a substantive right cannot be taken away retrospectively unless the law expressly .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1994SC169; 1993(3)SCALE371; (1994)1SCC92; [1993]Supp1SCR667
..... west bengal state legislature amended it by west bengal amendment act, f973 and prescribed a punishment of imprisonment for life for the self same offence under s,16(j) of the act ..... law made by the union and the state legislature in the concurrent field, the former prevails over the latter if the law relating to the concurrent subject made by the state legislature is repealed by union law, whether union law is prior or later in point of time, the union law will prevail and the state law shall, to the extent of such repugnancy, be void. ..... their petitions had been tagged with special leave petition in which following order was passed:leave granted limited to the question as to whether the limitation provided in proviso to section 6 of the land acquisition act introduced by the amending act of 1967 is also applicable in the facts of this case in view of u.p. avas & vikas adhiniyam.from the order granting leave extracted above it is clear that the order was confined to ..... motivated by such principles the privy council mitigated the rigour of legislation by incorporation by carving out exceptions to it which have been reiterated by this court in ..... ] 2 scr 1038, the monopolies & restrictive trade practices act, 1969 by section 55 thereof incorporated the grounds specified in section ..... (preamble and section 4) to relieve housing shortage in urban areas due to increased influx of the migrant rural population to towns and cities to take out their livelihood or for their betterment and consequent .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1969All43
..... the preamble of the thekedari abolition act states that it was an act to provide for the abolition of thekedari system in government estates with a view to ..... for the petitioners it was contended that though the leases were terminated under the thekedari abolition act, but the zamindari abolition act has not been extended to the government estates in these 35 villages, i asked the leared counsel appearing for the state ..... to hold that this historical survey plainly and unambiguously establishes that the legislature in enacting the thekadari abolition act did not intend that the non-thekadari lessees of government estates would vanish or be uprooted from ..... west bengal ..... 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 it, continue in force,'the 9th schedule at present has 64 entries ..... court held that article 31-a would apply to transfers or alterations of tenure where that was dealt with in a legislation, the general scheme of which was to promote agrarian reforms. ..... council consistently refused to refer to the proceedings of the legislature as legitimate aids to the construction of a section of an act, see administrator general of bengal .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT1992(6)SC273; 1993LabIC129; 1992Supp(3)SCC212; [1992]6SCR321
..... exhaustive review of authorities on the point, a constitution bench of this court stated:the true position, therefore, is that any act of the repository of power, whether legislative or administrative or quasi-judicial, is open to challenge if it is in conflict with the constitution or the governing act or the general principles of the law of the land or it is so arbitrary or unreasonable that no fair minded ..... and nicobar, arunachal pradesh, chandigarh, dadri and nagar haveli, goa, daman and diu, lakshadweep, madhya pradesh, manipur, mizoram, nagaland, sikkim, tripura and west bengal have never prepared a list of obcs ..... practice on the caste- based discrimination; the marked dividing line between upper caste hindus and shudras, and the practice of untouchability inspite of the constitutional declaration of abolition of untouchability under article 17 are completely eradicated and erased ..... scheme are to achieve the objectives of our constitution as contained in the preamble which is part of our constitution as declared by this court in kesvananda bharti ..... the amended om as unconstitutional, i hold that there is no legal impediment in implementing para 2 (i) of the first om dated 13th august 1990 which has not been supersede, rescinded or repealed but 'deemed to have been amended.241 ..... here that in tamil nadu, based on one of the recommendations of the first backward classes commission constituted in 1969 - known as 'sattanathan commission' - the government issued orders in go ms no .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (2006)144PLR802; 2006(11)SCALE108
..... to whether the public policy could be the subject matter of delegation of essential legislative function, this court opined:there cannot be any doubt whatsoever that the court shall not invalidate a legislation on the ground of delegation of essential legislative function or on the ground of conferring unguided, uncontrolled and vague powers upon the delegate without taking into account the preamble of the act as also other provisions of the statute in the event they provide good ..... inter alia, are:(i) the administrator as a delegate could exercise his power under section 3 of the act only in terms of the legislative policy contained therein which would appear from the preamble, the statements of objects and reasons and the core provisions thereof and not de' hors the same and, thus, the impugned notification being violative of the legislative policy, is unsustainable in law; (ii) as the administrator in a representative democracy represents the will of ..... therefore, the balance of rights would be fully restored if and when urban rent control laws, as they presently exist are repealed and contracts between tenants and landlords are governed by the law of the land subject to such special provisions as may be required to regulate such ..... . the power given by section 2 of the laws act had exhausted itself when the bengal act was extended, with some alterations, to delhi by ..... 1969 ..... (1969) rcr 156 ..... (1969) rcr 156 however, we would consider the applicability of the decisions of this .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1969SC453; (1969)1SCC1; [1969]3SCR1
..... the court, therefore, held in that case that the west bengal land development and planning act, 1948, which was enacted primarily for the settlement of immigrants who had migrated into west bengal due to communal disturbances in east bengal and which by section 8 provided that the compensation to be awarded for compulsory acquisition to the owner of the land was not to exceed the market-value of the land on 31st december, 1946, was ultra vires of ..... special deputy collector, madras and another : [1965]1scr614 , (supra) has no application to the present case because those cases related to legislation not dealing with agrarian reform and the protection of article 31a of the constitution was not available to either of the statutes challenged in those cases. ..... we pass on to consider the next question raised on behalf of the petitioners, namely, whether the impugned act was beyond the legislative competence of the mysore legislature under entry 36 of list ii to the 7th schedule and entry 42 of list iii as those entries stood before the 7th amendment of the ..... our opinion, counsel on behalf of the petitioners is unable to make good his argument that the impugned act was beyond the legislative competence of the mysore legislature at the time when it was enacted. 17. ..... the preamble state that it is expedient in the public interest to provide for the abolition of personal inams and certain miscellaneous inams in the state of mysore except bellary district and for other matters connected there- .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1968AP239
..... lung the impartible estate of jeypore was abolished by reason of the advent of the orissa estates abolition act and became vested in the government of orissa on 29-12-1952. ..... fee as due thereunder would be payable.the learned chief justice after considering the definitions of 'order' and 'decree' under section 2(14) and section 2(2) of the civil procedure code observed thus :--'i think that the court-fees act, which itself contains no definition of either the word 'order' or the word decree must have meant to follow the definition contained in the code of civil procedure and i am strongly confirmed in this view by the ..... . for the present my attention is confined to the various possible view on the true interpretation of this provision consistent with the legislative intendment t have already referred to two views.i may now refer to the third one on which stress has been laid by the learned ..... pronouncement was responsible for subsequent amendment in s, 54 providing for a second appeal against the decision of the high court, formerly to the privy council and now to the supreme court and also enabling the adjudications of the land acquisition court executable as decrees ..... need for institution fee was felt in the case of civil suits for the first time in the year 1795 and it was in fact levied under the bengal regulation 38 of 1795, of course, not as a source of revenue but for.purposes of preventing vexatious litigation ..... 37685 of 1969 purporting to be filed under sections 96 and 151 c. .....
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