SC2034 (18)
ACT:
Constitution of India, 1950, Art. 166-- If mandatory-List I
Entry 66--scope of--Viva Voce test for admission in
college ... invalid inasmuch as it did not comply with the
provisions of Art. 166 of the Constitution. The next
contention was that the Government
Major E. G. Barsay vs The State Of Bombay on 24 April, 1961
Equivalent citations
INFO :
R 1974 SC2192 (39,40,130)
ACT:
Constitution of India, Art. 166(2) and (3) -Authentication
according to Rules made by Governor-Whether conclusive ... Standing Order under the Rules of Business
made by Governor under Art. 166(3) -Whether proceeding under
the Act covered by the Standing Order-Therefore
Government and the rules of business framed by the Governor under Art. 166(3) would not govern the performance of this function by the State ... with explosives. The rules of business framed by the Governor under Art. 166(3) could, therefore, not be pressed into service by the State Government
Governor generally exercises all his powers and
functions. Neither Art.77(3) nor Art.166(3) provides
for any delegation of power. Both Articles ... 166(3) provide that the President under Art.77(3) and
the Government under Art.166(3) shall make rules for
the more convenient transaction
namely provisions contained in Art. 309 together with the proviso thereunder as well as the provisions contained in Art. 166 and the relevant provisions contained ... enacted by the legislature in terms of Art. 309 of the Constitution. The directory nature of Art. 166 or the Rules of Business of Government
name of the Governor, in the manner prescribed in Art. 166(2) , it cannot be contended that such an order becomes immune and that ... exercise of the powers conferred by clauses (2) and (3) of Art. 166 of the Constitution and in supersession of Gujarat Government Rules of Business
show cause notice was not in accordance with the provisions of Art. 166 of the Constitution in as much as it was not expressed ... opinion substantial compliance with the directory provisions of Art. 166 of the Constitution. It was held by this court in Dattatreya Moreshwar Pangar
Punjab Government, rr. 4, 8, 25, 28-Constitution of India
Arts.166, 311.
HEADNOTE:
The appellant was appointed a qanungo in Pepsu and latter ... expressed in the name of Rajpramukh as required by Art.
166(1) of the Constitution and was then communicated to the
appellant. Until the order
name of the
Governor, in Conformity with the provisions of Art. 166(1)
that it was the Governor who was responsible for the
notification ... different from the expression of it, and that while Art.
166(1) merely prescribes how orders are to be made, the
authentication referred
