DOCSLIB.ORG

In Re the DELHI LAWS ACT, 1912, the AJMER-MERWARA Versus the PART C STATES (LAWS) ACT, 1950

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
In Re the DELHI LAWS ACT, 1912, the AJMER-MERWARA Versus the PART C STATES (LAWS) ACT, 1950 In re THE DELHI LAWS ACT, 1912, THE AJMER-MERWARA Versus THE PART C STATES (LAWS) ACT, 1950 No.- Special Reference Case 1 of 1951 Dated.- May 23, 1951 KANIA, HIRALAL J , FAZAL ALI, SAIYID , SASTRI, M. PATANJALI, MAHAJAN, MEHR CHAND , DAS, SUDHI RANJAN , BOSE, VIVIAN & MUKHERJEA, B.K, JJ. JUDGMENT: SPECIAL JURISDICTION: Special Reference No. 1 of 1951. The circumstances which led to this Special Reference by the President and the questions referred appear from the full text of the reference dated 7th January, 1951, which is reproduced below :-- "WHEREAS in the year 1912 the Governor-General of India in Council acting in his legislative capacity enacted the Delhi Laws Act, 1912, section 7 of which conferred power on the Central Government by notification to extend to the Province of Delhi (that is to say, the present State of Delhi) or any part thereof, with such restrictions and modifications as it thought fit, any enactment which wag in force in any part of British India at the date of such notification; "AND WHEREAS in 1947 the Dominion Legislature enacted the Ajmer-Merwara (Extension of Laws) Act, 1947, section 2 of which conferred power on the Central Government by notification to extend to the Province of Ajmer-Merwara (that is to say, the present State of Ajmer), with such restrictions and modifications as it thought fit, any enactment which was in force in any other Province at the date of such notification; "AND WHEREAS, by virtue of the powers conferred by the said sections of the said Acts, notifications were issued by the Central Government from time to time extending a number of Acts in force in the Governors' Provinces to the Province of Delhi and the Province of Ajmer-Merwara, sometimes with, and sometimes without, restrictions and modifications, and the Acts so extended and the orders,rules, by-laws and other instruments issued under such Acts were and are regarded as valid law in force in the Province (now State) of Delhi and in the Province of Ajmer-Merwara (now State of Ajmer), as the case may be, and rights and privileges have been created, obligations and liabilities have been incurred and penalties, forfeitures and punishments have been incurred or imposed under such Acts and instruments; "AND WHEREAS Parliament with the object inter alia of making a uniform provision for extension of laws with regard to all Part C States except Coorg and the Andaman and Nicobar Islands enacted the Part C States (Laws) Act, 1950, section 2, of which confers power on the Central Government by notification to extend to any Part C State (other than Coorg and the Andaman and Nicobar Islands) or to any part of such State, with such restrictions and modifications as it thinks fit, any enactment which is in force in a Part A State at the date of the notification and also confers the power on the Central Government to make provision in any enactment so extended for the repeal or amendment of any corresponding law (other than a Central Act) which is for the time being applicable to that Part C State; "AND WHEREAS section 4 of the Part C States (Laws) Act, 1950 has repealed section 7 of the Delhi Laws Act, 1912, and the Ajmer-Merwara (Extension of Laws)Act, 1947, but the effect of the provisos to the said section is, notwithstanding the said repeals, to continue, inter alia in force the Acts extended to the Provinces of Delhi and Ajmer- Merwara or the States of Delhi and Ajmer under the provisions repealed by the said section; "AND WHEREAS notifications have been issued by the Central (Government from time to time under section 9, of the Part C States (Laws) Act, 1950, extending Acts in force in Part A States to various Part C States sometimes with, and sometimes without, restrictions and modifications; "AND WHEREAS the Federal Court of India in Jatindra Nath Gupta v. Province of Bihar(1) held by a majority that the proviso to sub-section (3) of section 1 of the Bihar Maintenance of Public Order Act, 1947, was ultra vires of the Bihar Legislature inter alia on the ground that the said proviso conferred power on the Provincial Government to modify an Act of the Provincial Legislature and thus amounted to a delegation of legislative power; "AND WHEREAS, as a result of the said decision of the Federal Court, doubts have arisen regarding the validity of Section 7 of the Delhi Laws Act, 1912, Section 2 of the Ajmer-Merwara (Extension of Laws) Act, 1947, and Section 2 of the Part C States (Laws) Act, 1950, and of the Acts extended to the Provinces of Delhi and Ajmer- Merwara and various Part C States under the said sections respectively, and of the orders and other instruments issued under the Acts so extended: "AND WHEREAS the validity of Section 7 of the Delhi Laws Act, 1912, and section 2 of the Ajmer-Merwara (Extension of Laws) Act, 1947, and of the Acts extended by virtue of the powers conferred by the said sections has been challenged in some cases pending at present before the Punjab High Court, the Court of the Judicial Commissioner of Ajmer, and the District Court and the Subordinate Courts in Delhi; "AND WHEREAS, in view of what is hereinbefore stated, it appears to me that the following questions of law have. arisen and are of such nature and of such public importance that it is expedient that the opinion of the Supreme Court of India should be obtained thereon; Now, THEREFORE, in exercise of the powers conferred upon me by clause (1) of article 143 of the Constitution, I, Rajendra Prasad, President of India, hereby refer the said questions to the Supreme Court of India for consideration and report thereon, namely :- "(1) Was section 7 of the Delhi Laws Act, 1912, or any of the provisions thereof and in what particular or particulars or to what extent ultra vires the Legislature which passed the said Act ? "(2) Was the Ajmer-Merwara (Extension of Laws) Act, 1947, or any of the provisions thereof and in what particular or particulars or to what extent ultra vires the Legislature which passed the said Act ? "(3) Is section 2 of the Part C States (Laws) Act, 1950, or any of the provisions thereof and in what particular or particulars or to what extent ultra vires the Parliament?" Arguments were heard on the 9th, 10th, 11th, 12th, 16th, 17th, 18th, 19th, 20th, 23rd, 24th, 25th, 26th, 27th and 30th days of April, 1951. M.C. Setalvad, Attorney-General for India, (G. N. Joshi, with him) for the President of India. C.K. Daphtary, Advocate-General of Bombay (G. N. Joshi, with him) for the State of Bombay. (R. Ganapathy lyer, for the State of Madras. M.L. Saxena,for the State of Uttar Pradesh. A.R. Somanatha lyer, Advocate-General of Mysore (R. Ganapathy lyer, with him) for the State of Mysore. P.S. Safeer, for Captain Deep Chand. N.S. Bindra, for Pt. Amarnath Bharadwaj. M.M. Gharakhan, for the Ajmer-Electric Supply Co. Ltd. N.C. Chatterjee, (G. C. Mathur, Basant Chandra Ghose, and Tilak Raj Bhasin, with him) for the Maidens Hotel. Jessaram Banasingh, for Runglal Nasirabad. Jyoti Sarup Gupta and K.B. Asthana, for the Municipal Committee, Ajmer. Din Dayal Kapur, for Shri Munshilal and two others. 1951. May 23. The following judgments were delivered. KANIA C.J.--This is a reference made by the President of India under article 143 of the Constitution asking the Court's opinion on the three questions submitted for its consideration and report. The three questions are as follows:- "(1) Was section 7 of the Delhi Laws Act, 1912, or any of the provisions thereof and in what particular or particulars or to what exent ultra vires the Legislature which passed the said Act ?" Section 7 of the Delhi Laws Act, mentioned in question, runs as follows :-- "The Provincial Government may, by notification in the official gazette, extend with such restrictions and modifications as it thinks fit to the Province of Delhi or any part thereof, any enactment which is in force in any part of British India at the date of such notification." "(2) Was the Ajmer Merwara (Extension of Laws) Act, 1947, or any of the provisions thereof and in what particular or particulars or to what extent ultra vires the Legislature which passed the said Act ?" Section 2 of the Ajmer-Merwara (Extension of Laws) Act, 1947, runs as follows:-- ''Extension of Enactments to Ajmer-Merwara.--The Central Government may, by notification in the official gazette, extend to the Province of Ajmer-Merwara with such restrictions and modifications as it thinks fit any enactment which is in force in any other Province at the date of such notification." "(3) Is section 2 of the Part C States (Laws) Act, 1950, or any of the provisions thereof and in what particular or particulars or to what extent ultra vires the Parliament ?" Section 2 of the Part C States (Laws) Act, 1950, runs as follows :-- "Power to extend enactments to certain Part C States.--The Central Government may, by notification in the Official Gazette, extend to any Part C State (other than Coorg and the Andaman and Nicobar Islands) or to any part of such State, with such restrictions and modifications as it thinks fit, any enactment which is in force in a Part A State at the date of the notification and provision may be made in any enactment so extended for the repeal or amendment.
Load more

Recommended publications
  • In Re the Delhi Laws Act, 1912, the
    Supreme Court of India In Re The Delhi Laws Act, 1912, The ... vs The Part C States (Laws) Act, 1950 on 23 May, 1951 Equivalent citations: 1951 AIR 332, 1951 SCR 747 Author: H J Kania Bench: Kania, Hiralal J. (Cj), Fazal Ali, Saiyid, Sastri, M. Patanjali, Mahajan, Mehr Chand, Mukherjea, B.K. & Das, S.R. & Bose, Vivian PETITIONER: In re THE DELHI LAWS ACT, 1912,THE AJMER-MERWARA (EXTENSION Vs. RESPONDENT: THE PART C STATES (LAWS) ACT, 1950. DATE OF JUDGMENT: 23/05/1951 BENCH: KANIA, HIRALAL J. (CJ) BENCH: KANIA, HIRALAL J. (CJ) FAZAL ALI, SAIYID SASTRI, M. PATANJALI MAHAJAN, MEHR CHAND DAS, SUDHI RANJAN BOSE, VIVIAN MUKHERJEA, B.K. CITATION: 1951 AIR 332 1951 SCR 747 CITATOR INFO : R 1952 SC 75 (29) RF 1952 SC 123 (9,49) D 1952 SC 252 (64,110) R 1953 SC 252 (27) R 1954 SC 465 (9) RF 1954 SC 569 (17) R 1957 SC 414 (13) RF 1957 SC 510 (9,11) R 1958 SC 468 (25) R 1958 SC 682 (11) R 1958 SC 909 (7) R 1958 SC 956 (4) R 1959 SC 512 (7) E&F 1959 SC 749 (28) E 1960 SC 833 (8) RF 1961 SC 4 (15) R 1961 SC 954 (23) RF 1961 SC1381 (4) RF 1961 SC1519 (4) RF 1962 SC 981 (5,6,12,13) F 1964 SC 381 (38) R 1965 SC 745 (17,156,178) R 1965 SC 845 (30,55) R 1965 SC1107 (22,79,80) MV 1966 SC 693 (28) D 1966 SC1788 (44,45) RF 1967 SC 212 (26) RF 1967 SC1048 (20) R 1967 SC1480 (3,4,9,19) RF 1968 SC1232 (13,15,49,50,52,75) RF 1969 SC 549 (2) RF 1971 SC 454 (6) RF 1973 SC1461 (227,450,566,1874,1890) D 1974 SC 669 (12) R 1974 SC1660 (17,28,48,55) R 1975 SC1549 (34,35) RF 1975 SC2299 (46,685) D 1976 SC 714 (38,41,45,48,51,57,58,62,64,69 RF 1979 SC1475 (18) R 1980 SC 650 (5) RF 1980 SC 882 (15) C 1982 SC 710 (51) R 1982 SC1126 (9) R 1984 SC1130 (29) R 1990 SC 560 (3,12,13,14,17,18,20,21,22,23, RF 1992 SC 522 (21) ACT: Delhi Laws Act , 1912, s.
    [Show full text]
  • Constitutional History of India 1773 - 1947 Ad Semester - V, Academic Year 2020-21
    STUDY MATERIAL FOR B.A HISTORY CONSTITUTIONAL HISTORY OF INDIA 1773 - 1947 AD SEMESTER - V, ACADEMIC YEAR 2020-21 UNIT CONTENT PAGE Nr I THE REGULATING ACT 03 II CHARTER ACT 09 III THE INDIAN COUNCILS ACT 20 IV MONTAGUE CHELMSFORD REFORMS 26 V CONSTITUTIONAL DEVELOPMENT BETWEEN 1935-1947 31 Page 1 of 43 STUDY MATERIAL FOR B.A HISTORY CONSTITUTIONAL HISTORY OF INDIA 1773 - 1947 AD SEMESTER - V, ACADEMIC YEAR 2020-21 UNIT - I THE REGULATING ACT 1773 Regulating Act, 1773 The territorial acquisitions of the East India Company produced a startling effect in England. The public in General clamored for an immediate Parliamentary intervention. Two parliamentary Committees were appointed to enquire into the affairs of Fast India Company. The servants of the Company were concentrating on their private trade. The trade of the Company was being neglected. The Company has almost forgotten about trade and was progressively thinking in terms of conquering more and more land. This needed large armies. Hence more expenditure. This greed for land very often brought the Company in armed conflict with native powers. This meant a heavy loss to the Company. Change in the texture of the Company The employees of the Company were given low salaries but they were allowed to carry on private trade. The result was that the employees concentrated on their private trade and became rich. The Company’s trade started dwindling. Pitiable condition of the People The guiding principle for the employees of the Company was to make money. The effect of this anarchical tendency was that people of India suffered the entire suffering.
    [Show full text]
  • Constitution of India
    Constitution of India -Compiled ([email protected]) Institute of Objective Studies 162, Jogabai Main Road, Jamia Nagar, New Delhi - 110025 Constitution of India The Constitution of India (Hindi: भारतीय Ȳͪ ȡ ) is the supreme law of India. It lays down the framework defining fundamental political principles, establishes the structure, procedures, powers, and duties of government institutions, and sets out fundamental rights, directive principles, and the duties of citizens. It is the longest written constitution of any sovereign country in the world, containing 450 articles in 24 parts, 12 schedules and 96 amendments, for a total of 117,369 words in the English language version. Besides the English version, there is an official Hindi translation. The Constitution was enacted by the Constituent Assembly on 26 November 1949, and came into effect on 26 January 1950. The date 26 January was chosen to commemorate the Purna Swaraj declaration of independence of 1930. With its adoption, the Union of India officially became the modern and contemporary Republic of India and it replaced the Government of India Act 1935 as the country's fundamental governing document. The Constitution declares India to be a sovereign, socialist, secular, democratic republic, assuring its citizens of justice, equality, and liberty, and endeavours to promote fraternity among them. The words "socialist" and "secular" were added to the definition in 1976 by constitutional amendment. India celebrates the adoption of the constitution on 26 January each year as Republic Day. Background The majority of the Indian subcontinent was under British colonial rule from 1858 to 1947. This period saw the gradual rise of the Indian independence movement to gain independence from foreign rule.
    [Show full text]
  • Making of the Constitution of India : a Critical Analysis
    January - 2015 Odisha Review Making of the Constitution of India : A Critical Analysis Dr. Abhijit Sahoo Dr. Tusarkanta Pattanaik A country is governed by a set of policies through making, the field of Constitutional and political a framework of laws, rules and regulations. history can only be a richer and more informative Constitution of a democratic country is a resource to understand the complex postcolonial fundamental legal document which lays down the developments in India. basic structure of the government, and other public Making of the Constitution: bodies, their powers, functions; rights and duties of its people and their interrelations. It also Constitution is a living document, an contains the principles to be followed by the state instrument which makes the government system in the governance of the country. work. A Constitution is the highest law of the land, The writing of the Indian which defines and limits the Constitution has often been powers of government and its celebrated for its momentousness, various branches, vis-à-vis each as it came at the end of a long other, and the people, and period of anti-colonial struggle. provides a strong foundation for However, very little has been a state based on the rule of law. written on the making of the The design of a Constitution and Constitution. Often, the event of its process of development can drafting the Constitution is written- play an important role in peaceful off as part of a logical end to the political transitions and post- British Empire in India or as part conflict peace building.
    [Show full text]
  • SUPREME COURT of INDIA Page 1 of 37 PETITIONER: PRABODH VERMA and OTHERS, ETC
    http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 37 PETITIONER: PRABODH VERMA AND OTHERS, ETC. Vs. RESPONDENT: STATE OF UTTAR PRADESH AND OTHERS. ETC. DATE OF JUDGMENT27/07/1984 BENCH: MADON, D.P. BENCH: MADON, D.P. TULZAPURKAR, V.D. ERADI, V. BALAKRISHNA (J) CITATION: 1985 AIR 167 1985 SCR (1) 216 1984 SCC (4) 251 1984 SCALE (2)87 CITATOR INFO : RF 1986 SC1272 (83) ACT: Constitution of India-Arts 32 and 226-Writ of certiorari-Nature of Writ of certiorari cannot be issued for declaring an Act or Ordinance as unconstitutional and void- Can only be issued to direct inferior courts, tribunals or authorities to transmit to court the record of proceedings pending therein for scrutiny and, if necessary, for quashing the same. Advocates Act, 1961-Professional conduct-Duty of an advocate to client and to court-What it Uttar Pradesh High Schools and Intermediate Colleges (Reserve Pool Teachers) Ordinance, 1978 (U.P. Ordinance No. 10 of 1978) and Uttar Pradesh High Schools and Intermediate Colleges (Reserve Pool Teachers) (Second) Ordinance, 1978 (U.P. Ordinance No. 22 of 1978)-Validity of-Whether violative of Arts. 14 and 16(1) of the Constitution-Held valid. Interpretation-Provisions of an Ordinance-Whether can be referred as "section" end "sub-section". Procedure-Write Petition under Art. 226 of the Constitution-Persons likely to be affected by the judgment- Necessary parties-Whether High Court should dismiss writ petition for non-joinder of necessary parties. Practice-Court not to dismiss writ petition on a mere technicality-But must not condone every kind of laxity-Court must insist on proper relief being asked for.
    [Show full text]
  • Historical Background of Indian Constitution
    The British came to India in the 17th century initially for trading only. Eventually, after slowly There are various layers in the background of the Indian Constitution gaining more power, they attained the rights to collect revenue and govern themselves. - Regulating Act 1773, Pitt’s India Act 1784, Charter Act of 1813, In order to do this, they enacted various laws, rules and regulations. - Charter Act of 1833, Charter Act of 1853, Government of India Act 1858, In 1858, after the Revolt of 1857, the rule of the East India Company was brought to an end. - Indian Councils Act 1861, India Councils Act 1892, The British Crown surpassed direct control of India after the dissolution of the East India - Indian Councils Act 1909, Government of India Act 1919, Company and begins the British Raj. - Government of India Act 1935, Indian Independence Act 1947 The British crown had always assumed the sovereignty over India. Government of India Act in 1858 was the first statute passed by parliament which is marked as the beginning of the evolution of the Indian Constitution. Background of Indian constitution Introduction Historical Background of Indian Constitution Regulating Act 1773 The first step was taken by the British Parliament to control and regulate the affairs of the East India Company in India. With this, the Presidency of Bengal was superior to those of Bombay and Madras. Also, its governor was then designated as the Governor-General of all the three provinces. Warren Hastings was authorized as the Governor-General through the act. An Executive Council of the Governor-General was created with 4 members.
    [Show full text]
  • LB 402 Administrative Law 2021
    LL.B. IV TERM LB – 402: Administrative Law Cases Selected and Edited by Alka Chawla Sarbjit Kaur Anu Anjay Kumar Moatoshi Ao Shaktikumar Agrawal Shilpi FACULTY OF LAW UNIVERSITY OF DELHI, DELHI- 110007 January, 2021 (For private use only in the course of instruction) LL.B. IV Term Paper : LB - 402 - Administrative Law Prescribed Books: 1. M.P. Jain and S.N. Jain’s Principles of Administrative Law Revised by Amita Dhanda (7th ed., 2017) 2. I.P. Massey, Administrative Law (7h ed., 2008) 3. S.P. Sathe, Administrative Law (7h ed., 2004) 4. H.W.R. Wade and C.F. Forsyth, Administrative Law (8th ed., 2000); 5. S.N. Jain, Administrative Tribunals in India (1977). Additional Readings: 1. Justice Bhagwati Prosad Banerjee and Bhasker Banerjee, Judicial Control of Administraitve Action (3rd ed.,2016) 2.. Harry Woolf, Jeffery Jowell and Andew Le Sueur, De Smith’s Judicial Review (6th ed., 2007) 3.. Report of the Committee on Ministers’ Powers (Donoughmore Committee), (Cmd. 4060) (1932) Topic 1 – Nature and Scope of Administrative Law (5 Classes) 1.1 Definition and Scope of Administrative Law 1.2 Rule of Law – Dicey’s Rule of Law 1.3 Theory of Separation of Powers H.M. Seervai “The Supreme Court of India and the Shadow of Dicey” in The Position of the Judiciary under the Constitutional of India, 83-96 (1970) 01 Cases 1. Rai Sahib Ram Jawaya Kapur v. State of Punjab, AIR 1955 SC 549. 08 2. Asif Hameed v. State of J. & K., AIR 1989 SC 1899. 17 3. State of M.P.
    [Show full text]
  • Iasbaba's Prelims 60 Day Plan – Day 7 2017
    IASbaba’s Prelims 60 Day Plan – Day 7 2017 Q.1) Which of the following statements with respect to the teachings of Kabir is incorrect? a) Compilations of Kabir’s compositions is called Bijak. b) He condemned caste and religious distinctions. c) He believed in unity and formlessness of god. d) He suggested asceticism to find true knowledge and salvation. Q.1) Solution (d) Kabir was born to a Brahmin widow, and was brought up by a Muslim weaver. He preached using Dohas (couplets) and sakhi (Poems), which were very popular among the common people. He believed in pantheism i.e. God is everywhere. He pleaded for Hindu-Muslim unity and peaceful co-existence. He emphasized unity and Formlessness of god (Nirguna). He believed that asceticism and book knowledge are not necessary for true knowledge and salvation. Q.2) Consider the following pairs. Name of the Sikh Guru Contribution to Sikh religion 1. Guru Angad : Compiled Adi Granth. 2. Guru Arjun : Gurumukhi Script. 3. Guru Amardas : Started Langar. Which of the above pairs is/are correctly matched? a) 1 only b) 2 only c) 3 only d) All of the above Q.2) Solution (c) Guru Nanak was the founder of Sikhism. He was followed by nine Sikh gurus. Guru Angad started the Gurumukhi Script. Guru Amardas the third Guru began the institution of Langar (common kitchen). Guru Ramdas the fourth guru was given Land for Harmandir by Akbar. Guru Arjun Compiled the Adi Granth and completed the construction of Har-mandir. Guru Gobind Singh the tenth guru started the Khalsa (organized military sect).
    [Show full text]
  • Indian Polity Group 2 Free Test Series No: 03
    TNPSC AURA www.tnpscaura.com FREE GROUP 2 TEST NO: 03 INDIAN POLITY GROUP 2 FREE TEST SERIES NO: 03 UNIT-V: INDIAN POLITY (i) Constitution of India - Preamble to the Constitution - Salient features of the Constitution - Union, State and Union Territory. (ii) Citizenship, Fundamental rights, Fundamental duties, Directive Principles of State Policy. 1. Who among the following was the chairperson of the Provincial Constitution Committee of the Constituent Assembly? A. Jawaharlal Nehru B. Sardar Vallabhbhai Patel C. Dr. B.R. Ambedkar D. J.B. Kripalani Ans: B The constituent assembly appointed a number of committees to deal with different tasks of constitution. Sardar Vallabhbhai Patel was the chairperson of the Provincial Constitution Committee. 2. Which among the following amendments of Constitution of India had accorded precedence to Directive Principles over Fundamental Rights? A. 25th B. 42nd C. 59th D. 44th Ans: B 42nd Amendment gave primacy to the Directive Principles, by stating that “no law implementing any of the Directive Principles could be declared unconstitutional on the grounds that it violated any of the Fundamental Rights”. 3. Which among the following provisions of Indian Constitution have been taken from the Weimar Constitution of Germany? A. Emergency & its effects on Fundamental Rights B. The concurrent list C. Constitutional Amendments D. Preamble Ans: A Provisions regarding suspension of Fundamental Rights during the emergency have been borrowed from Weimar Constitution of Germany. 1 TNPSC AURA www.tnpscaura.com FREE GROUP 2 TEST NO: 03 4. Which among the following acts provided for a High Commissioner who resided in London, representing India in Great Britain? A.
    [Show full text]
  • The Constitution of India a Contextual Analysis
    The Constitution of India A Contextual Analysis Arun K Thiruvengadam OXFORD AND PORTLAND, OREGON 2017 Hart Publishing An imprint of Bloomsbury Publishing Plc Hart Publishing Ltd Bloomsbury Publishing Plc Kemp House 50 Bedford Square Chawley Park London Cumnor Hill WC1B 3DP Oxford OX2 9PH UK UK www.hartpub.co.uk www.bloomsbury.com Published in North America (US and Canada) by Hart Publishing c/o International Specialized Book Services 920 NE 58th Avenue, Suite 300 Portland , OR 97213-3786 USA www.isbs.com HART PUBLISHING, the Hart/Stag logo, BLOOMSBURY and the Diana logo are trademarks of Bloomsbury Publishing Plc First published 2017 © Arun K Thiruvengadam 2017 Arun K Thiruvengadam has asserted his right under the Copyright, Designs and Patents Act 1988 to be identifi ed as Author of this work. All rights reserved. No part of this publication may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording, or any information storage or retrieval system, without prior permission in writing from the publishers. While every care has been taken to ensure the accuracy of this work, no responsibility for loss or damage occasioned to any person acting or refraining from action as a result of any statement in it can be accepted by the authors, editors or publishers. All UK Government legislation and other public sector information used in the work is Crown Copyright © . All House of Lords and House of Commons information used in the work is Parliamentary Copyright © . This information is reused under the terms of the Open Government Licence v3.0 ( http://www.nationalarchives.gov.uk/doc/open-government-licence/version/3 ) except where otherwise stated.
    [Show full text]
  • LLB Paper Code: 102 Subject: History – II (Legal History) Semester: Second
    LLB Paper Code: 102 Subject: History – II (Legal History) Semester: Second Unit I: Early Developments (1600- 1836) a. Charters of the East India Company: 1600, 1661, 1726 and 1753 b. Settlements: Surat, Madras, Bombay and Calcutta c. Courts: Mayor’s Court of 1726 and Supreme Court of 1774 d. Statutes: Regulating Act, 1773; Pitts India Act, 1784; The Act of Settlement 1781 e. Conflict: Raja Nanad Kumar, Kamaluddin, Patna Case, and Cossijurah f. Warren Hastings: Judicial Plans of 1772, 1774 and 1780 g. Lord Cornwallis: Judicial Plans of 1787, 1790 and 1793 h. Lord William Bentinck (With special focus on Appraisal of Criminal law) Unit II: Evolution of Law and Legal Institutions a. Development of Personal Laws b. Development of Law in Presidency Towns c. Development of Civil law in Mufassil: Special Emphasis on Justice, Equity and Good Conscience d. Codification of Laws: Charter of 1833, The First Law Commission, the Charter of 1853, The Second Law Commission e. Establishment of High Courts, 1861 f. Privy Council and Federal Court: Appeals and working of Privy Council, Appraisal of Privy Council, Features of Federal Court g. Evaluation: Special Reference to Racial Discrimination, Merit and Demerits Unit III: Legal Profession and Education a. Early Developments though Major’s Court, Supreme Court, Company’s Adalat, High Court, Legal Practitioners Act of 1879, The Chamier and Indian Bar Committer of 1951 b. The Advocates Act of 1961: Provisions and Disciplinary powers c. Law Reporting: Theory of Precedents, Features of Law reporting from 1773 to 1950 d. Legal Education: History and Basic Aims of Legal Education Unit IV: Constitutional History a.
    [Show full text]
  • General Clauses Act, 1897Is a Consolidatingact Itconsolidated the General Clauses Act, 1868 and the General Clauses Act, 1887
    L CLAUSES ACT, 1 Page Inrroduction 1 Sections P I' 1. Short title 2. Repeal GENERAL DE IONS 3. Definitions 4. Application offoregoing definitions to previous enactments . 4A. Application of certain definitions to Indian Laws . GENERAL RULES OF CONS 5. Coming into operation of enactments 5A. Coming into operation of Govenior-General's Act . 6. Effect to repeal 6A. Repeal of Act making textual amendment in Act or Regulation . 7. Revival oF~epealedenactments 8. Construction of references to repealed enactments . 9. Commencement and termination of time 10. Computation of time 11. Measurement of distances 12. Duty to be takenpro Lafain enactments 13. Gender and number l3A. References to the Sovereign 14. Powers canrerred to beexercisable from time to time. 15. Power to appoint to include power to appoint a-ofj5cw . 16. Power to appoint to include power to suspend or dismiss . 17. Substitution of functionaries 18. Successors 19. OEcial chiefs andsubordinates PROVISIONS AS TO O ERS RULES, ETC., E UNDER 20. Construction of notifications, etc., issued under enactmenu . 21. Power to issue, to include power to add to, amend, vary or rescind notifications, orders, rules or bye-laws 22. Making or rules or bye-laws and issuing oE orders between passing and commencement of enactment Sections Page 23. Provisionsapplicable to maklngof rules or bye-laws after previous publication 24. Continuation of orders, etc., issued under enactments repealed and re-enacted SCELLANEOUS 25. Recovery of fines 26. Provision as to offences punishable under two or more enactments . 27. Meaningof serviceby post 25. Citation of enactments 29. Saving for previous enactments, rules and bye-laws .
    [Show full text]