Sale of goods, in Entry 48 of List II Sch. VII of the Government of India Act, 1935, 'sale of goods' has the same meaning which it has in the Indian Sale of Goods Act, 1930, that in a building contract there is no sale of materials as such, and that it is therefore ultra vires the powers of the Provincial Legislature to impose tax on the supply of materials, Pandit Banarsi Das Bhanot v. State of M.P., AIR 1958 SC 909 (912): (1959) SCR 427.It is now settled law that the words 'sale of goods' have to be construed not in the popular sense but in their legal sense and should be given the same meaning which they carry in the Sale of Goods Act, 1930. The expression 'sale of goods' is a nomen juris, its essential ingredient being an agreement to sell movables for a price and property passing therein pursuant to that agreement, T.V. Sundaram Iyengar & Sons v. State of Madras, AIR 1974 SC 2309: (1975) 3 SCC 424: (1975) 2 SCR 372.On the true interpretation of the expression 'sale of goods' there...
Federal Government. When two or more sovereign or independent states mutually agree not to exercise certain powers incident to their several sovereignties, but to delegate the exercise of those powers to some person or body chosen by them jointly, there is said to be a federal union of those states, and the person or body to whom the exercise of such powers is delegated is called the Federal Government. The Swiss Confederation, and the United States of North America, are instances of Federal Governments.A (English) Federal Council of Australasia Act (48 & 49 Vict. c. 60), passed in 1885 (see AUSTRALASIA), is now superseded by the federating (English) Commonwealth of Australia Constitution Act (63 & 64 Vict. c. 12) (see AUSTRALIA), which has repealed it.An effective federation of the British North American Colonies was provided in 1867 by (English) the British North America Act, 1867 (30 & 31 Vict. c. 3) (see BRITISH AMERICA), and in 1909 of the Colonies of Cape of Good Hope, Natal, Tra...
Vacation of seats, in India, a member of Lok Sabha or Rajya Sabha ceases to be a member of that House and his seat remains vacant under various circum-stances, Parliamentary Practice, Erskine May, 22nd Edn., 1997, p. 31....
Education. Mr. Forster's Elementary Education Act, 1870 (English) (33 & 34 Vict. c. 75), is the starting point in the history of the provision by legislation of a general system of education. Before this date education had been dealt with either as a series of individual problems in respect of which provisions were made for the education of special classes of persons, or by executive, as opposed to legislative methods, as, for example, by a system of grants in aid. This Act was followed by a series of Acts, known collectively as the Education Acts, 1870 to 1919, which together established a system of free and compulsory elementary education of a non-denominational character. The initial Act established 'school boards' with powers of building and maintaining elementary schools and of regulating the attendance of school children between the ages of 5 and 13. The El. Ed. Act, 1876, declared 'the duty of the parent of every child to cause such child to receive efficient elementary educatio...
Reasonable opportunity, the broad test of 'reason-able opportunity' is, whether in the given case, the show cause notice issued to the delinquent servant contained or was accompanied by so much information as was necessary to enable him to clear himself of the guilt, if possible, even at that stage, or, in the alternative, to show that the penalty proposed was much too, harsh and disproportion-ate to the nature of the charge established against him, Uttar Pradesh Government v. Sabir Hussain, AIR 1975 SC 2045 (2048): (1975) 4 SCC 703: (1975) Supp SCR 354. [Government of India Act, 1935, s. 240(3)]The reasonable opportunity envisaged by Article 311(2) of the Constitution of India, 1950, includes: (a) an opportunity to deny his guilt and establish his innocence, which he can only do if he is told what the charges leveled against him are and the allegations on which such charges are based; (b) an opportunity to defend himself by cross-examining the witnesses produced against him and by exa...
Federal purpose, by the definitions given in the General Clauses Act no different concept of the words 'purposes of the Central Government' was intended from what was intended by the use of the words 'Federal purposes' in s. 138(1)(b) of the Government of India Act, 1935, Abdulla Bhai M. Bhagat v. Income Tax Officer, AIR 1961 SC 1389 (1391): (1962) 1 SCR 512. (France Act, 1942, s. 138)...
Federal Court, means the Federal Court constituted under the Government of India Act, 1935. [Constitution of India, Art. 366(13)]...
Removal from service, the word 'removed', which appears in Article 311(2) does not find mention in s. 240(3) of the Government of India Act, 1935. But this does not mean that s. 240(3) did not cover a case of 'removal'. It is by now well settled that from the constitutional stand point 'removal' and 'dismissal' stand on the same footing except as to future employment, Uttar Pradesh Government v. Sabir Hussain, AIR 1975 SC 2045: (1975) 4 SCC 703: (1975) Supp SCR 354....
Merged territories, shall mean the territories which by virtue of an order made under s. 290A of the Government of India Act, 1935, were immediately before the commencement of the Constitution being administered as if they formed part of a Governor's Province or as if they were a Chief Commissioner's Province. [General Clauses Act, 1897 (10 of 1897), s. 3(33)]...
Pleasure of Crown, the rule that a civil servant holds office at the pleasure of the Crown has its original in the Latin phrase 'durante bene placito' ('during pleasure') meaning that the tenure of office of a civil servant, except where it is otherwise provided by statute, can be terminated at any time without cause assigned, State of Bihar v. Abdul Majid, AIR 1954 SC 245 (250). [Government of India Act, 1935, s. 240 (1)]...