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Sita Soren Vs. Union Of India

Court : Supreme Court of India

Subject : Right to Information

(1974) 2 SCC402 Page 25 of 135 PART D32 A Bench of seven judges of this Court in Bengal Immunity Company Limited v. State of Bihar and Ors.,20 delineated the powers of this Court to reconsider its … of this Court to reconsider its decisions is necessary for the organic development of law and the advancement of justice. If this Court is denuded … reintroduced.58. The provisions of the 1919 Act were substantially retained in Section 28(1) of the Government of India Act 1935. Section 28(1) read thus: “(1) Subject to the provisions of this Act and the rules and standing orders regulating … 2019 Sita Soren …Appellant Versus Union of India …Respondent Page 1 of 135 JUDGMENT Dr Dhananjaya Y Chandrachud, CJI Table of Contents A. Reference 4

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

to acquire the said land's under 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 Act dated January 12, 1957 was … 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 … initio and not a 'law in force' within the meaning of Article 13(1) of the Constitution of India on January 26, 1950. Also it could

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 … licence or lease apart from licence/case fee. Rule 13 contemplates payment of dead rent at the rate … 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

Maganbhai Ishwarbhai Patel Etc. Vs. Union of India (Uoi) and anr.

Court : Supreme Court of India

Subject : Constitution

Acts : Evidence Act - Sections 113

Reported in : AIR1969SC783; (1970)3SCC400; [1969]3SCR254

these cases in the order in which they were decided. In Midnapore Zamindary Co. Ltd. v. Province of Bengal and Ors. [1949] F.C.R. 309 this question was not directly in issue. There were observations which are pertinent … of the law had the full approval of Viscount Finlay in Duff Development Co. v. Kalintan Government [1924] A.C. 797 where consultation between Court and … part of India its cession would have altered the content of Entry 13 of the First Schedule to the Constitution and an amendment was held … that the Rann was not a 'tribal area' as defined in Section 311 of the Government of India Act, 1935.Each party states that the boundary claimed by it is the traditional, well-established and well-recognised boundary.11. Pakistan thus claimed

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 … Act provides for imposition of fine for contravention of an order under Section 3 of the said Act. Section 13 contains certain savings under the said Act and Section 14 provides for protection to the officers and the

State of Orissa Vs. Satyabadi Panda and ors.

Court : Orissa

Subject : Constitution

Acts : Constitution of India - Articles 13(1), 31(2) and 366(10); Constitution of India (Amendment) Act, 1955; Orissa (Development of Industries, Irrigation, Agriculture, Capital Construction, Resettlement of Displaced Persons) Land Acquisition Act, 1948 - Sections 7 and 7(1); Government of India Act, 1935 - Sections 299 and 299(2)

Reported in : AIR1961Ori196

Division Bench were influenced mainly by the principles laid down by the Supreme Court in State of West Bengal v. Mrs. Bela Banerjee, AIR 1954 SC 170. 4. On the 27th April 1955, the Parliament passed the … validity of its provisions should, therefore, be judged with reference to the provisions of the Government of India Act, 1935 (as adapted) which was then in force. Assuming that the Act wasvalid under the provisions of the Government … embodied in Part III. Clause (1) of Article 13 saves only those Pre- Constitution laws which are … pre-Constitution laws this decision contains the seed of the doctrine of eclipse developed by my Lord the Chief Justice in (S) AIR 1955 S. C. … of lands for the Hirakud Dam Project and some other specified projects. Section 7 of the Act dealt with the method of determining the compensation

National Mineral Development Corporation Limited, rep. by its Regional ...

Court : Karnataka

Subject : Land Acquisition

is to provide for the development and regulation of mines and minerals under the control of the Union. Section 13 empowers the Central Government to make rules for regulating the grant of various types of reconnaissance permits, prospecting … MMDR Act. Per contra, learned Advocate General referred to State of West Bengal vs. Kesoram Industries Limited [(2004) 10 SCC 201], to contend that the … to prevail.- Nothing in this Act shall be deemed to affect the operation of the Minerals (Regulation and Development) Act, 1957 (Central Act 67 of 1957) and the rules, made thereunder, and the provisions of this Act shall … of India was on the provincial Legislatures vide Entry 48 of List II to the Government of India Act, 1935. After the commencement of the Constitution of India, the power to impose sale tax is relatable to Entry

National Mineral Development Corporation Ltd Vs. State of Karnataka by ...

Court : Karnataka

Subject : Education

is to provide for the development and regulation of mines and minerals under the control of the Union. Section 13 empowers the Central Government to make rules for regulating the grant of various types of reconnaissance permits, prospecting … to prevail.- Nothing in this Act shall be deemed to affect the operation of the Minerals (Regulation and Development) Act, 1957 (Central Act 67 of 1957) and the rules, made thereunder, and the provisions of this Act shall … -:1. :- R IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE03D DAY OF DECEMBER, 2015 PRESENT THE HON'BLE MR.SUBHRO KAMAL

Jindal Stainless Ltd. and Anr. Vs. State of Haryana and Ors.

Court : Supreme Court of India

Subject : Right to Information

approved by a Constitution Bench of this Court in State of West Bengal v. Kesoram Industries Ltd. (2004) 10 SCC201 The propositions stated in the … Court of Punjab and Haryana was one such petition that assailed the constitutional validity of the Haryana Local Development Act, 2000. Relying upon the decisions of this Court in Atiabari Tea Co. Ltd. v. State of Assam & … the Provincial legislature under Item 21 of List 11 of the Seventh schedule to the Government of India Act, 1935, was intra vires the Provincial legislature notwithstanding that admittedly some of its provisions cut down the absolute rights … has to do, I venture to think, in construing words in a section of an Act of Parliament is not to take those words in … No.11603- 11611/2009, SLP(C) No.11646/2009, SLP(C) No.12948/2009, SLP(C) No.13270- 13274/2009, SLP(C) No.13483/2009, SLP(C) No.13496/2009, SLP(C) No.13517/2009, SLP(C) No.13611-13612/2009,

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 … | |66 | | |III. |Respondents’ Response on Merits. | 67 - 132|253 - 325 | |IV. |The Debate and the Deliberation |133 - 245