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Documents citing Pioneer Motors Ltd., Tirunelveli And ... vs O.M.A. Majeed, Mirania Motor Service, ... on 4 April, 1956

K. Krishnamurthi vs The Govt. Of Tamil Nadu And Ors. on 18 February, 1988

4. I am afraid, the writ petition is misconceived As a matter of fact, within the Assembly, it is the Speaker who controls the proceedings. Without going into the correctness of the version in relation to the events that had happened on 28th Jan. 1988, if the fourth respondent had requested the third respondent to provide police protection, certainly it is the duty of the third respondent to comply with that request, because, primarily he is in charge of law and order. There is no question of Article 166(3) being violated. That Article merely postulates the framing of rules for the convenient transaction of the business of the Government and for the allocation of the said business among the members of the cabinet. It was that which came to be dealt with in Pioneer Motors Ltd. v. O.M.A. Majeed . That has absolutely no application to an Assembly, nor does that Article in any way control the proceedings of the Assembly.
Madras High Court Cites 6 - Cited by 0 - Full Document

Rural Litigation And Entitlement ... vs State Of Uttarakhand & Others on 3 May, 2019

73. That does not, however, mean that every letter addressed by a government official, or a noting in a file by an officer or a Minister, or for that matter even the Chief Minister, is an order made under Article 162, for all executive actions of the State Government is required, in view of Article 166 of the Constitution of India, to be expressed to be taken in the name of the Governor. The expression, "executive action" in Article 166 is comprehensive enough to include even orders which emerge after, and embody the results of a judicial or quasi-judicial disposal by the Government. The Governor is the head and symbol of the executive administration, and it is an order issued by or under his authority that constitutes an order of the Government. The legal requirements of an "order of Government" have undergone little modification from what if was before the Constitution. The constitutional changes have not eliminated the Governor from being the constitutional head and the apex of the State Government, and the requirement of his association in what could be termed a formal act of the Government. (Pioneer Motors Ltd., Tirunelveli and Ors. vs. O.M.A. Majeed and Ors.24).
Uttarakhand High Court Cites 105 - Cited by 2 - R C Khulbe - Full Document

Automobile Transport (Rajputana) Ltd. ... vs Nathuram Mirdha And Ors. on 14 October, 1958

There is an. allocation of business among the Ministers and each Minister is assigned some department in regard to which he takes the primary responsibility for the advice. The 'decision' taken by the Minister on 24-7-57 was the advice which he tendered to the Governor on behalf of the Council of Ministers and it became an order of Government when it was embodied in a formal order issued on the authority of the Governor. A similar view was taken in Pioneer Motors v. Order M. A. Majeed (S) AIR 1957 Mad 48, with which we are in respectful agreement.
Rajasthan High Court - Jaipur Cites 14 - Cited by 4 - Full Document

N. Balaraju And Ors. vs The Hyderabad Municipal Corporation ... on 12 August, 1959

49. This opinion is shared by Rajagopalan and Rajagopala Ayyengar JJ. in Messrs. Poineer Motors Ltd. v. Majeed Mirania Motor Service, . There learned Judges decided that the decision by a Minister in the exercise of revisional powers conferred by Section 64-A of the Motor Vehicles Act as it stood prior to Act 39 of 1944 but not communicated to the parties would not amount to an order of the Government and it acquired that quality only when it was embodied in a formal order issued in the form as laid down by Article 166.
Andhra HC (Pre-Telangana) Cites 50 - Cited by 5 - Full Document

Mohansingh Tanwani And Anr. vs State Of Maharashtra And Ors. on 22 March, 2001

It is authenticated by Shri Ramanand Tiwari, Principal Secretary to the Government "by an order and in the name of the Governor of Maharashtra". It is clear that the order of dissolution passed under Section 313 of the Municipalities Act and impugned in these petitions and as authenticated, as per the Business Rules and in compliance with the requirements of Article 166 of the Constitution, was not served on the Municipal Council at any time and the order served on the Municipal Council or to the petitioner President has been signed by the Minister of State for Urban Development. The order served on the Municipal Council and which has been brought into force on 29th Nov., 2000 was not an order "by an order and in the name of the Governor of Maharashtra" and thus, violated the requirement of Article 154 read with Article 166 of the Constitution. The decision of the Madras High Court in the ease of "M/s. Pioneers Motors Ltd." (supra) and the decision of the Apex Court in the case of "State of M.P."
Bombay High Court Cites 35 - Cited by 0 - Full Document

N. Ramu vs Union Of India And Others on 1 February, 1995

In the case of M/s. Pioneer Motors Ltd. Tirunelveli v. O.M.A. Majeed, Mirania Motor Service, Tirunelveli (AIR 1957 Mad 48) it is stated that under the Constitution no Minister can issue an order which would be treated as an Order of Government. What he could issue is only a direction to the Secretary and it is only when the Secretary or those who under whim carry out this duty that an order of Government results. The order of Government becomes effective only then, not on the same note or the decision of the Minister on the file. In my opinion this decision does not help the petitioner in any way, as in the instant case G.O.Ms. No. 1068 dated 16-11-1994 is issued by the Chief Secretary and G.O.Ms. No. 1069 was issued by the Chief Secretary by order of the Governor.
Madras High Court Cites 21 - Cited by 2 - S V Patil - Full Document

Wilfred J. Anr vs Moef Ors on 17 July, 2014

One of the reasons for delegating the power to legislate to the Government is that the areas for which powers are given to make delegated legislation may be so complex that it may not be possible and even may be difficult to set up all the permutations in the statute. The statute may not be so comprehensively drafted so as to provide for all and every situation, thus, to make a law efficacious, practical and effective, normally, the tool of delegated legislation is called in aid. Legislature is to make or enact laws. 'Legislative Act', as defined in The Law Lexicon, 3rd ed. 2012, is an 95 Act which prescribes what the law shall be in future cases arising under it; an act of legislative department of the Government, by which the law to be applied in future cases under particular states of fact is established in the form of statute, ordinance, or other written form. The expression 'executive action' as appearing in Article 166(1) of the Constitution is comprehensive enough and apt to include even orders which emerge after, and embody the results of a judicial or quasi-judicial disposal by Government. (Pioneer Motors Ltd. v. O.M.A Majeed, AIR 1957 Mad 48, 51).
National Green Tribunal Cites 152 - Cited by 2 - Full Document

Wilfred J. Anr vs Moef Ors on 17 July, 2014

One of the reasons for delegating the power to legislate to the Government is that the areas for which powers are given to make delegated legislation may be so complex that it may not be possible and even may be difficult to set up all the permutations in the statute. The statute may not be so comprehensively drafted so as to provide for all and every situation, thus, to make a law efficacious, practical and effective, normally, the tool of delegated legislation is called in aid. Legislature is to make or enact laws. 'Legislative Act', as defined in The Law Lexicon, 3rd ed. 2012, is an 95 Act which prescribes what the law shall be in future cases arising under it; an act of legislative department of the Government, by which the law to be applied in future cases under particular states of fact is established in the form of statute, ordinance, or other written form. The expression 'executive action' as appearing in Article 166(1) of the Constitution is comprehensive enough and apt to include even orders which emerge after, and embody the results of a judicial or quasi-judicial disposal by Government. (Pioneer Motors Ltd. v. O.M.A Majeed, AIR 1957 Mad 48, 51).
National Green Tribunal Cites 152 - Cited by 0 - Full Document
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