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The State of West Bengal Vs. Bon Behari Mondal

Court : Kolkata

Subject : Constitution

Acts : Government of India Act, 1935 - Section 299(2); ;West Bengal Land (Requisition and Acquisition) Act, 1948 - Section 7(1); ;Constitution of India - Article 31(5) and 31(6)

Reported in : AIR1961Cal112,64CWN722

decision was no doubt given with reference to the West Bengal Land Development and Planning Act of 1948. However, the principle laid down there applies … vires;2. West Bengal Act II of 1948 came into operation on March 11, 1948. Section 7(1) of. the Act, as it originally stood, is hereinbelow … the Collector was right in valuing the compensation payable for certain plots of land acquired under the West Bengal Land (Requisition and Acquisition) Act (West Bengal Act II of 1948) in accordance with the provisions of the … Act. 13. At the time when the impugned provision of the Act was enacted, the Government of India Act, 1935 was the Constitution Act in force. Section 299(2) of that Act was as follows:'Neither the Federal nor a

State of West Bengal and anr. Vs. Tarun Kumar Sen Gupta and anr.

Court : Kolkata

Subject : Constitution

Acts : Central Reserve Police Force Act, 1949 - Sections 1, 3 and 9; ;Government of India Act, 1935; ;Constitution of India - Articles 13, 246 and 372

Reported in : AIR1974Cal39

Mukharji, C.J.1. These are two appeals, one by the State of West Bengal and the other by the Union of India. The appeals are against … A sum of Rs. 10,000/- was collected and deposited with the Block Development Officer. The appellant represented the village in its dealings with the Block … learned Judge held that the Central Reserve Police Force Act, 1949, was ultra vires the Government of India Act, 1935, and as such was not law in force within the meaning of Article 372 of the Constitution. He, … heinous offences which again are special offences for which the members of the Force only may be liable. Section 11 prescribes minor punishments. Section 16 which is also important for the purpose of this appeal, deals with powers

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 … described in Part VII of the Articles of Association (Regulations 100 to 115). One nominee of the State Govt. & another nominee of the B.N.

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, … case, it may be combined with 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 in a different contest, is the … not understand the passages in 10 Halsbury's Laws of England 161 and 11 Halsbury's Laws of England 267, on which some reliance was placed, to

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 … could obviously refer only to the Union Government. 11. The preamble, therefore, does not support the argument … referred to as the Act - enacted by the Parliament, and particularly Sections 4 and 7 thereof, were ultra vires the legislative competence of Parliament,

Phanindra Kumar Senyal and ors. Vs. State of West Bengal

Court : Kolkata

Subject : Property

Acts : West Bengal Land Development and Planning Act, 1948 - Section 8; ;Government of India Act, 1935 - Section 299(2); ;Constitution of India - Article 31B

Reported in : AIR1965Cal177

a notification and declaration under the provisions of the West Bengal Land Development and Planning Act of 1948. The notification under Section 4 of the … determined and the same was therefore ultra vires the provisions of Section 299 of the Government of India Act, 1935 and of Article 31(2) of the Constitution of India, The said provisions of West Bengal Act XXI of … came into force on August 20, 1953. The Act amended the Land Acquisition Act in two important respects. Section 11 of the Act directed the Collector to ascertain the value of the land on the date of the

Mineral Area Development Authority Etc. Vs. M/s Steel Authority Of Ind ...

Court : Supreme Court of India

Subject : Land Acquisition

Entry 49 of List II. Later in time, in State of West Bengal v. Kesoram Industries Ltd.3 1 “MMDR Act” 2 (1990) 1 SCC12[34]. 3 … purely restricted Provincial field and becomes a subject of control at the Centre.”]. 27 PART D (Regulation and Development) Act 1948 in pursuance of the subject contained in Entry 36 of the Federal Legislative List.26. Entry 44 of … of Commons on the Government of India Act 1919 (3rd December 1919) 15 “GOI Act 1935” 16 GOI Act 1935, Section 100. (It read: Subject matter of Federal and Provincial Laws: (1) Notwithstanding anything in the two next succeeding … with reference to the lease in question.”]. 84 Section 10B, MMDR Act 85 Section 10BA, MMDR Act 86 Section 11, MMDR Act 47 PART F which the auction shall be conducted.60. The regulatory regime under the MMDR Act

State Of U.p. . Vs. M/s. Lalta Prasad Vaish And Sons

Court : Supreme Court of India

Subject : Land Acquisition

knowledge that alcohol is used for industrial purposes. ‘Intoxicating 58 Bombay Abkari Act 1878, Madras Abkari Act 1886, Bengal Excise Act 1909, Bihar Excise Act 1915, MP Excise Act 1915, Punjab Excise Act 1914, Chhattisgarh Excise Act … Committee was not merely to allow the Union to take over the development of an industry but also other aspects; d. Tika Ramji (supra) must … (supra) : “… Sales tax was not a subject which came into vogue after the Government of India Act 1935. It was known to the framers of that statute and they made express provision for it under Entry … of the decision in Tika Ramji to the dispute ...... 115 viii. Section 18G of IDRA and Entry 33 of List III .................................... 119 F. … decision in Tika Ramji to the dispute ...... 115 viii. Section 18G of IDRA and Entry 33

Supreme Court Advocates-On-Record Association and Anr. Vs. Union of In ...

Court : Supreme Court of India

Subject : MRTP

has placed a very heavy reliance on the recent order of this Court dated 30-3-2011 in Mineral Area Development Authority v. SAIL (2011) 4 SCC450 wherein considering the issue of interpretation of the constitutional provisions and validity … was comprised before the fifteenth day of August, 1947, within India as defined by the Government of India Act, 1935, or has been an advocate of any High Court in any such area, as the case may be. … (consequent upon its notification in the Gazette of India (Extraordinary) Part II, Section 1). Simultaneously therewith, the Parliament enacted the NJAC Act, which also received … by the respondents, for the review | 20 - 53| 61 - 115| | |of the Second and Third Judges cases. | | | |IV.

Caltex (India) Ltd. Vs. the Director, West Bengal Fire Services and or ...

Court : Kolkata

Subject : Constitution

Acts : Constitution of India - Articles 246, 254 and 254(1); ;West Bengal Fire Services Act, 1950; ;Petroleum Act, 1934; ;Government of India Act, 1935 - Section 107(1)

Reported in : AIR1960Cal219

points taken in the said application were left open. On 23-12-1958 the respondent No. 1, the Director, West Bengal Fire Services, wrote a letter to the petitioner company, requesting it to apply for licenses under the West … 53 in List I (Union List) is as follows:'53. The regulation and development of oil fields and mineral oil resources; petroleum and petroleum products; other … Next, the learned Chief Justice proceeds to examine the applicability of section 107(1) of the Government of India Act, 1935. The learned Chief Justice says as follows:'If Article 254 of the Constitution be out of the way, we … 4, Rules have been prescribed, known as the 'Petroleum Rules, 1937', Rule 115 prescribes the form in which a license may be granted for the