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Nagpur District Central Co-operative Bank Ltd. and anr. Vs. Divisional ...

Court : Mumbai

Subject : Trusts and Societies

Acts : Constitution of India - Article 246; Maharashtra Co-operative Societies Act, 1960 - Sections 2(6), 2(7), 2(10), 43, 43(2), 44, 45, 78, 165(1) and 165(2); Reserve Bank of India Act, 1934; Banking Regulation Act, 1949; Banking Laws (Application to Co-operative Societies) Act, 1965; Code of Civil Procedure (CPC), 1908 - Order 22; Banking Companies Act, 1949 - Sections 5(1); Maharashtra Co-operative Societies Rules, 1961 - Rules 38, 39, 40, 41, 42, 43, 44, 45, 46 and 47; Government of India Act, 1935; Banking Regulation (Amendment) Act, 1965; Banking Laws (Amendment) Act, 1968; Mines and Minerals (Regulation and Development) Act, 1957; Bengal Moneylenders Act - Sections 30 and 36

Reported in : AIR1971Bom365

'money-lending' was a State subject under Entry No. 27 of List II. Bengal Legislature enacted the Bengal Moneylenders Act and the question was whether the … the State of Orissa while the Central Act No. 53 of 1948 namely. Mines and Minerals (Regulation and Development) Act, 1957 was in existence. The following observations from paragraph 5 would be useful. 'It does not need much … a pre-Constitution Act and was enacted under the Legislative powers given to it under the Government of India Act, 1935. This Act has further been amended and it is now known as the Banking Regulation Act, 1949. The … of Section 165 of the Societies Act. Rule 10 gives the classification and sub-classification of the societies … place. This notice is purported to be issued under his powers under Section 78(i) of the Maharashtra Co-operative Societies Act, 1960. Subsequently on the 9th

Shyam Sundar Rathi Vs. the Addl. District Magistrate, Bankura and ors.

Court : Kolkata

Subject : Property

Acts : Constitution of India - Articles 226, 245 and 254; ;West Bengal Land Reforms Act, 1956 - Section 4(1), 4(2), 4(2A) and 4(2B); ;Mines and Minerals (Regulation and Development) Act, 1957 - Section 2; ;West Bengal Minor Minerals Rules, 1959 - Rule 25

Reported in : AIR1975Cal58

Reforms Act, ac-cording to the petitioner, are repugnant to Section 15 of the Mines and Minerals (Regulation and Development) Act, 1957 and of the West Bengal Minor Minerals Rules, 1959 made by the State Government in exercise of … expression 'land' in Item No. 21 of List II of the Schedule VII of the Government of India Act, 1935 must receive the widest construction, unless for some reason it was cut down either by the terms of … the Bihar Legislature to amend the Bihar Land Reforms Act by adding Second proviso to Sub-section (2) of Section 10 of the Bihar Land Reforms Act are equally applicable to the instant case. Different parts of Section 4(2-A)(b)

K.Guruprasad Rao Vs. State of Karnataka and ors.

Court : Supreme Court of India

Subject : Land Acquisition

India, the legal regime dates back to 18th century. The Governments of Bengal, Hyderabad, Madras and Mysore enacted the Bengal Regulation XIX of 1810, the … or cultural significance. Potential dangers for both cultural and natural sites include development projects, armed conflicts, insufficient management systems or changes in the legal protective … considered that the value of those associations should not be paid for.” 14. Under the Government of India Act, 1935 the subject ".Ancient and historical monuments; archaeological monuments; archaeological sites and remains". was included in Entry 15 of … the public shall have access to it free of charge. By the 4th proviso of clause 11 (not section 10) it is laid down that in assessing the value of the monument for the purpose of compulsory acquisition

Amar Singh Modi Lal Vs. State of Haryana and ors.

Court : Punjab and Haryana

Subject : Commercial

Acts : Mines and Minerals (Regulation and Development) Act, 1957 - Sections 3; ;C.P. and Berar Sales Tax Act, 1947 - Sections 6(1); Punjab Minor Minerals Concession Rules, 1964; Constitution of India - Articles 226 and 227

Reported in : AIR1972P& H356

by virtue of Entry No. 36 in List I of the Seventh Schedule of the Government of India Act, 1935, which is in the following terms:--'Regulation of mines and oil fields and mineral development to the extent to … notification pertaining to varied matters for the purpose of the regulation and development of the mines and minerals. Section 10 provided as follows:--'10. Rules to be laid before the Legislature. All rules made under any of the provisions … placed on behalf of the petitioners are clearly distinguishable. State of West Bengal v. Jagadamba Prasad Singh, AIR 1969 Cal 281, was confined to a … 436, dated the 1st of June, 1958, issue under Section 3(e) of the Mines and Minerals (Regulation & Development) Act, 1957, is the important and slightly intricate question which primarily calls for determination in these two connected Civil

Commercial Tax Officer and ors. Vs. Vishnu Agencies (P.) Ltd.

Court : Kolkata

Subject : Sales Tax

Reported in : [1975]36STC527(Cal)

1, Messrs. Vishnu Agencies Private Ltd., is a registered dealer under the Bengal Finance (Sales Tax) Act, 1941, and a licensed stockist and dealer of … may arise from time to time. In the interest of the country's development this type of Orders has become necessary, inter alia, for regulation of … entry 54 of List II in the Seventh Schedule to the Constitution corresponding to the Government of India Act, 1935, item 48. In order to be a sale of goods it must be a sale within the meaning … 9 provides that any person making any false statement or information will become punishable under the said Act. Section 10 provides for the procedure for cognizance of offences under the said Act. Section 12 of the said Act

Lokanath Misra Vs. State of Orissa and anr.

Court : Orissa

Subject : Motor Vehicles

Acts : Orissa Motor Vehicles (Regulation of Stage Carriage and Public Carrier's Services) Act, 1947 - Sections 4, 5 and 6; Constitution of India - Articles 14, 19, 19(1) and 19(6); Govt. of India Act, 1935 - Sections 299(2)

Reported in : AIR1952Ori42

followed in a recent decision of the Calcutta High Court in 'The Commissioner of Excess Profits Tax, West Bengal v. Jeewanlal Ltd., Calcutta', 55 C. W. N. 237 while construing the same phrase occurring in Section 2(21), … of, or having experience in, running motor transport services & thereby ensure development of road transport on rational lines providing economy, safety & comfort to … of the Company; &(iii) The Act is invalid for contravening Sub-clause (2) of Section 299, Govt. of India Act, 1935 inasmuch as it contains no provision for compensating those persons to whom permits were granted after 1-10-1946.8. 'Point

Kerala State Electricity Board and ors. Vs. Varghese Thomas and ors.

Court : Kerala

Subject : Civil

Acts : Telegraph Act, 1885 - Sections 10

Reported in : AIR1961Ker237

252, which accepted this test, turned on the application of a specific statutory provision in resfriction of Ribbon Development Act, 1935, Section 9 Sub-section (4) of which provided, that compensation shall be equal to the difference in the market value, … other damage.Compensation, as defined by the Supreme Court in State of West Bengal v. Mrs. Bella Banerjee, AIR 1954 SC 170 at p, 172, though … Bench, and others which are posted before us, have arisen out of orders passed by District Judges under Section 10 of the Indian Telegraph Act, 1885, settling the compensation payable under Section 10 proviso (d) of that Act,

Rajkishen Prem Chandra JaIn Vs. Commissioner of Income-tax

Court : Punjab and Haryana

Subject : Direct Taxation

Acts : Income-tax Act, 1922 - Sections 10(1); ;Land Acquisition Act, 1894 - Sections 31

Reported in : AIR1959P& H63; [1959]35ITR590(P& H)

Inspector of Taxes v. Lord Penrhyn 1937 3 All ER 468; compensation awarded under the Restriction of Ribbon Development Act, 1935: Jhonson Inspector of Taxes v. W. S. Try Ltd. 1946 27 Tax Cas 167; compensation paid by agreement … profit. Our attention has been invited to Calcutta Electric Supply Co. Ltd. v. Commr. of Incomer' tax. West Bengal, Calcutta : [1951]19ITR406(Cal) . In this case the Government requisitioned an electricity generating plant belonging to the assessee … A.N. Bhandari, C.J. 1. This is a reference under Section 66(1) of the Indian Income-tax Act. 2. A plot of land belonging … plant. The taxing authorities treated the excess as assessee's pro-fit under Section 10(2)(vii) of the Indian Income-tax Act 1922, which provides that profits and gains

Oil India Ltd. Vs. State of Assam and ors.

Court : Guwahati

Subject : Other TaxesConstitution

Acts : Assam Taxation (on Specified Lands) (Amendment) Act, 2004; Assam Taxation (on Specified Lands) Act, 1990 - Sections 3, 4, 5 and 6; Oil Fields (Regulation and Development) Act, 1948; Government of India Act, 1935; Mines and Minerals (Regulation and Development) Act, 1948 - Sections 5, 6 and 6(2); Mines and Minerals (Regulation and Development) Act, 1957 - Sections 3, 9 and 32; Oil Industry (Development) Act, 1974; West Bengal Primary Education Act, 1973; West Bengal Rural Employment of Production (Amendment) Act, 1976; West Bengal Taxation Laws (2nd Amendment) Act, 1989; Tea Act, 1953; Cess Act, 1860; Petroleum and Natural Gas Rules, 1959 - Rules 4 and 13; Constitution of India - Articles 14, 32 and 301;

consideration of the Court is Goodricke Group Ltd. v. State of West Bengal (1995) Supp. (1) SCC 707. By the West Bengal Primary Education Act, … Legislature being subject to the power of the Union Legislature under Entry 54.The Mines and Minerals (Regulation and Development) Act, 1948 for regulations of mines and oil fields and for the development of minerals was enacted by the … to the Seventh Schedule to the Constitution and the peri materia provisions contained under the Government of India Act, 1935 and the several legislations framed in this regard from time to time as well as several leading pronouncements … as any land held for the purposes of obtaining or extracting coal. Section 3, which is the charging section, empowers and authorises the levy of

State of West Bengal Vs. Union of India

Court : Supreme Court of India

Subject : Constitution

Acts : Coal Bearing Areas (Acquisition and Development) Act, 1957; Constitution of India - Articles 13, 31, 73, 162, 245, 246, 248, 249, 254, 294 and 298; Code of Civil Procedure (CPC), 1908 - Order 39, Rule 2 and 2(3)

Reported in : AIR1963SC1241; [1964]1SCR371

Sinha, C.J.1. This is a suit by the State of West Bengal against the Union of India for a declaration that Parliament is not … in or over land, which are vested in a State, and that the Coal Bearing Areas (Acquisition and Development) Act (XX of 1957) - which hereinafter will be referred to as the Act - enacted by the Parliament, … Art. 294(1) cannot be diverted to Union purposes by compulsion of Parliamentary legislation. (3) The Government of India Act, 1935 provided special machinery for acquisition of property of the State by negotiations, and not by compulsion in exercise … may direct that s. 8 shall not come into operation, and, therefore, no proceedings thereunder would be entertainable. Section 10 lays down the consequences of the notification of declaration of acquisition under s. 9. On such a declaration