Laws In Force - Law Dictionary Search Results
Law in force and existing law
Law in force and existing law, there is hardly any material difference between 'an existing law' and 'a law in force'. Quite apart from Article 366(10) of the Constitution, the expression 'Indian law' has itself been defined in s. 3(29) of the General Clauses Act as meaning any Act, Ordinance, regulation, rule, order, or bye-law which before the commencement of the Constitution had the force of law in any province of India or part thereof. The words 'law in force' as used in Article 372 are wide enough to include not merely a legislative enactment but also any regulation or order which has the force of law, Edward Mills v. State of Ajmer, AIR 1955 SC 25 (31): (1955) 1 SCR 735. [Constitution of India, Articles 372 & 366(10)]...
Law in force
Law in force, a law cannot be said to be in force unless it is brought into operation by legislative enactment, or by the exercise of authority by a delegate empowered to bring it into operation. The theory of a statute being in operation in a constitutional sense though it is not in fact in operation has, no validity, State of Orissa v. Chandra Shekhar Singh Bhoi, (1969) 2 SCC 334: AIR 1970 SC 398 (401). [Constitution of India, Art. 13]--the words 'law in force' as used in article 372 of the Constitution are wide enough to include not merely a legislative enactment but also any regulation or order which has the force of law. Edward Mills Co. Ltd. V State of Ajmer, AIR 1955 SC 25 (31): (1955) 1 SCR 735. [Constitution of India, Art. 372]Sales tax could not be charged on pure silken fabrics by the said State Government on Oct. 31, 1966 merely by virtue of the notification dated Aug. 24, 1966. It was, therefore, not a law in force when the composite State was re-organised. S. 88 of the Pu...
Laws in force
Laws in force, Article 313 refers to laws in force which means statutory laws, Union of India v. Majji Jangammayya AIR 1977 SC 757 (767): (1977) 2 SCR 28: (1977) 1 SCC 606. [Constition of India, Art. 313]--the definition of the phrase 'laws in force' is an inclusive definition and is intended to include laws passed or made by a Legislature or other competent authority before the commencement of the Constitution irrespective of the fact that the law or any part thereof was not in operation in particular areas or at all, Sant Ram v. Labh Singh, (1964) 7 SCR 756: AIR 1965 SC 314 (316)....
Laws in force in the territory of India
Laws in force in the territory of India, the words 'laws in force in the territory of India' in Article 35(b) of Constitution also occur in Article 372, which continue in force existing laws which existed not only in the Provinces of British India but in all Indian States. In the context of these articles, what has to be seen is not whether the State of Hyderabad was part of the territory of India before the commencement of the Constitution but whether its territory is included in India, Director of Industries & Commerce v. V. Venkata Reddy, AIR 1973 SC 827: (1973) 2 SCR 562: (1973) 1 SCC 99. [Constitution of India, Art. 372 & 35 (6)]...
All Laws in force
All Laws in force, means existing Laws, Kunga Nima Lepiha v. State of Sikkim, AIR 2006 Sikkim 1.--the expression 'all laws in force' means all existing laws, State of Sikkim v. Surendra Prasad Sharma, (1994) 5 SCC 282 (299): AIR 1994 SC 2352. [Constitution of India, Art. 371-F (12) & (l)]...
Existing law and law in force
Existing law and law in force, there is material difference between 'an existing law' and a 'law in force'. Apart from Article 366(10) of the Constitution, the expression 'Indian law' has itself been defined in s. 3(29) of the General Clauses Act, as meaning any Act, ordinance, regulation, rule, order, or bye-law which before the commencement of the Constitution had the force of law in any province of India or part thereof. The words 'law in force' as used in Article 372 are wide enough to include not merely a legislative enactment but also any regulation or order which has the force of law, Edward Mills Co. Ltd. v. State of Ajmer, AIR 1955 SC 25: (1955) 1 SCR 735. [Constitution of India, Arts. 366(10) and 372]...
derogation
derogation [Latin derogatio partial abrogation of a law, from derogare to detract from the force of (a law)] : a taking away or detraction from something (as the force of a law) [the executive was without power to act in of international law "Jules Lobel"] ...
Rules of Court
Rules of Court, orders regulating the practice of the Courts; or orders made between parties to an action or suit.(1) General rules regulating the practice of the Courts, both of Common Law and Equity, have from time to time been made by the Courts in pursuance of the powers of various Acts of Parliament. See as to the Common Law Courts, which promulgated consecutive Rules without any division into Orders, Day's Common Law Procedure Acts; and as to the Court of Chancery, which promulgated Orders subdivided into Rules, Morgan's Chancery Acts and Orders. The scheme of the Chancery Procedure Acts was that the Orders made thereunder should come into force as soon as made, subject to the power of Parliament to annul them afterwards (see, e.g., Chancery Procedure Act, 1858, s. 12), while that of the Common Law Procedure Acts, was that Rules made thereunder should not come into force until they had lain before Parliament for three months (see 13 & 14 Vict. c. 16, and Common Law Procedure Act,...
Any other law for the time being in force
Any other law for the time being in force, would mean a law other than the provisions of the Motor Vehicles Act, Deepal G. Soni v. United India Insurance Co., (2004) 5 SCC 385 (406). (Motor Vehicles Act, 1988, s. 140)...
Corporation owned or controlled by the State
Corporation owned or controlled by the State, the expression 'Corporation owned or controlled by the State' means any body corporate established by or under a Central, Provincial or State Act, and includes a Government company as defined in s. 617 of the Companies Act, 1956, a society registered under the Societies Registration Act, 1860, or under any corresponding law for the time being in force in a State, being a society established or admini-stered by Government and a co-operative society within the meaning of any law relating to co-operative societies for the time being in force in any State, being a co-operative society in which not less than fifty-one per centum of the paid-up share capital is held by the Central Government, or by any State Government or Governments, or partly by the Central Government and partly by one or more State Governments. [Land Acquisition Act, 1894 (1 of 1894), s. 3 (cc)]...
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