Advanced Search Results

Rustom Cavasjee Cooper Vs. Union of India (Uoi)

Court : Supreme Court of India

Subject : Banking

Acts : Banking Companies (Acquisition and Transfer of Undertaking) Act, 1969 - Sections 4, 5 and 15(2); Banking Companies (Acquisition and Transfer of Undertaking) Ordinance, 1969; Banking Regulation Act, 1949 - Sections 5, 6(1), 22 and 27; Constitution of India - Articles 14, 19, 19(1), 31 and 31(2)

Reported in : AIR1970SC564; [1970]40CompCas325(SC); (1970)1SCC248; [1970]3SCR530; 1970 INSC 18; MANU/SC/0011/1970

institutions engaged in, the Attorney-General invited our attention to Clause 21 of the Charter of the Bank of Bengal (Act VI of 1839): Section 27 of Act 4 of 1862; to Sections 36 & 37 of the … of certain banking companies in order to serve better the needs of development of the economy in conformity with national policy and objectives and for … v. The Province of Bihar [1949] F.C.R. 693, which interpreted the analogous provisions of the Government of India Act, 1935, conferring upon the Governor-General in the first two cases, and upon the Governor of a Province in the … replaced the Ordinance with certain modifications impair his rights guaranteed under Articles 14, 19 and 31 of the Constitution, and are on that account invalid.2.

Indian Sugars and Refineries Ltd. Vs. State of Mysore and anr.

Court : Karnataka

Subject : Constitution

Acts : Madras Sugar Factories Control Act, 1949 - Sections 6, 7, 8, 9, 10, 11, 12, 13, 14, 14(1), 14(4), 16, 17, 17(2) and 17(8); Madras Sugar Factories Control (Mysore Amendment) Act, 1954 - Sections 14; Constitution of India - Articles 14, 143 and 245; Madras Sugar Factories Control Rules - Rule 11 and 11(3); Code of Civil Procedure (CPC), 1908; Essential Goods (Declaration and Regulation of Tax on Sale or Purchase) Act, 1952 - Sections 1; Government of India Act, 1935; Essential Commodities Act, 1955 - Sections 1; Industries Development and Regulation Act, 1951 - Sections 1; Standards of Weight Act, 1939; Mysore Adaptation of Laws Order, 1953; Cotton Cess Act; Indian Lac Cess Act; Central Excise Act; Bihar Sugar Factories Control Act, 1937 - Sections 29(2) and 29(3); Bihar Sugar Factories Con

Reported in : AIR1958Kant64; AIR1958Mys64; ILR1957KAR359; (1958)36MysLJ34

cannot be levied.The learned Advocate referred to Commissioner of Agricultural Income-tax West Bengal v.Tarak Nath, 53 Cal WN 725 (E), Whiteley v. Burns 1908-1 KB … the Essential Commodities Act whereby sugarcane became a controlled commodity and Industries Development and Regulation Act, LXV of 1951 (By this Act sugar became a … is the India Sugars and Refineries, Ltd., Hospet. In this petition the petitioner is challenging the validity of Section 14 of the Madras Sugar Factories Control (Mysore Amendment) Act and the rules framed thereunder. The facts leading up … legislature to levy tax under this Act we have to examine the provisions of the Government of India Act, 1935.One of the items mentioned in the provincial Legislative List in Schedule VII of the Government of India Act

Paschim Banga Malbahi Cycle Mazdoor Union and ors. Vs. Commissioner of ...

Court : Kolkata

Subject : Constitution

Acts : West Bengal Calcutta and Suburban Police (Amendment) Act, 1948 - Sections 2 and 3; ;Government of India Act, 1935 - Section 299; ;Calcutta Suburban Police Act, 1866 - Sections 38A and 61A; ;Constitution of India - Articles 14, 15, 19, 19(1), 31, 31(2), 31(2A), 245, 366(10) and 374(2); ;Calcutta Municipal Act, 1959 - Section 610

Reported in : AIR1961Cal125,65CWN213

38A of the Calcutta Suburban Police Act were introduced by the Calcutta and Suburban Police (Amendment) Act (West Bengal Act 35 of 1948) which received the assent of the Governor on 11-11-1948 and published in the Calcutta … itself, suffice to affirm the reasonableness of the particular restriction (vide Mineral Development Ltd. v. State of Bihar, : [1960]2SCR609 ), particularly when such 'restriction' … property other than land was given to the State Legislature under Section 299 of the Government of India Act 1935 which was in force at the time when the amendment was made. Mr. Moitra who argued the case … are ultra vires the Constitution being in violation of Articles 19(1)(g), 13, 14 and 31 of the Constitution.(2) That the authorities concerned did not give

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

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. … 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 … trial in camera if the ends of justice clearly and necessarily require the adoption of such a course. Section 14 of the Official Secrets Act, 1923 in terms recognises the existence of such inherent powers in its opening … 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

Deputy Commissioner and Collector, Kamrup and ors. Vs. Durga Nath Sarm ...

Court : Supreme Court of India

Subject : Property

Acts : Assam Acquisition of Land for Flood Control and Prevention of Erosion Ordinance, 1955 - Sections 2, 4, 4(1), 5, 6(1), 6(2) and 17; Land Acquisition Act; Assam Acquisition of Land for Flood Control and Prevention of Erosion (Validation) Act, 1959; Constitution of India - Articles 14, 19(1), 19(2), 31, 31A, 31(2), 31(5), 301 and 254(2); Madras Marumakkathayam (Removal of Doubts) Act, 1955; Government of India Act, 1935; Constitution (Fourth Amendment) Act; Assam Embankment and Drainage Act, 1941; West Bengal Land Development and Planning Act, 1948; Madras Electricity Supply Undertakings (Acquisition) Act, 1954; Land Acquisition Act, 1894

Reported in : AIR1968SC394; [1968]1SCR561

We shall now examine our earlier decisions in The State of West Bengal v. Subodh Gopal Bose and others : [1954]1SCR587 and Dwarkadas Shrinivas of … passed enabling the State Government to acquire lands for works or other development measures in connection with flood control or prevention of erosion. The Ordinance … this article or has contravened the provisions of sub-section (2) of section 209 of the Government of India Act, 1935.' 21. Clauses (1) and (2) of Art. 31 were limitations on the executive and the legislative powers of … the jurisdiction of the Courts to question the legality of actions taken or orders made under the Act. Section 14 empowers the State Government to make rules. Section 16 repeals Ordinance No. 2 of 1955. Ordinance No. 2

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 … to a Bench of Five Judges as per the provisions of Article 145(3) of the Constitution of India for the reason that substantial questions 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 … compensation in that section that no compensation has been provided for in respect of minerals lying unworked underground. Section 14 to 17 lay down the method of determining compensation and other cognate matters relating to payment of compensation.

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 … Contents A. Background .............................................................................................................. 9 B. Issues ...................................................................................................................... 13 C. Submissions ........................................................................................................... 14 i. Submissions of the petitioners ......................................................................... 14 ii. Submissions of the respondents

In Re Section 6a Of The Citizenship Act 1955

Court : Supreme Court of India

Subject : Right to Information

whose parents or any of whose grandparents were born in India as defined in the Government of India Act 1935 or in Burma, Ceylon or Malaya and who is domiciled in the territory of India as defined by … ii. Section 6A is not violative of Article 14 of the Constitution ................ 34 a. The legal … of persons who, in their ordinary avocations, had to pass between East Pakistan and either Assam or West Bengal.40 Thus, the geographical placement of Bangladesh (East Pakistan) prevented the Indian Government from replicating the permit system that … is absolute is no more good law is view of the subsequent developments on the interpretation of Part III of the Constitution. 164 “25 […]. … ORIGINAL JURISDICTION Writ Petition (C) No 274 of 2009 IN RE : SECTION6 OF THE CITIZENSHIP ACT1955With Writ Petition (Civil) No.916 of 2014 With Writ

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 … Seventh Schedule to the Constitution includes denatured spirit 14 Vend fee means the fee that is paid … of the decision in Tika Ramji to the dispute ...... 115 viii. Section 18G of IDRA and Entry 33 of List III .................................... 119 F.