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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

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 … 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 … 5(b) of that Act, the impugned Act did not encroach upon any entry in the State List. By Section 15(2)((e) of the impugned Act the named banks are expressly reserved the right to carry on business other than

Vst Distribution, Storage and Vs. State of West Bengal and ors.

Court : Sales Tax Tribunal STT West Bengal

Subject : Land Acquisition

Reported in : (2000)118STC515Tribunal

1. This application under Section 8 of the West Bengal Taxation Tribunal Act, 1987, enacted under Article 423-B of the Constitution of … by the States and the Centre at a meeting of the National Development Council held in December, 1956 that sales tax levied by the States … independent sources of taxation to the Union and the States. Following the scheme of the Government of India Act, 1935, the Constitution has made the taxing power of the Union and of the States mutually exclusive and thus … based on, inter alia, alleged want of legislative competence and contravention of Article 401 of the Constitution and Section 15 of the Central Sales Tax Act, 1956 and inconsistency with the Additional Duties of Excise Act, 1957.2. For

Wing Commander (Retired) H.M. Sethi Vs. Ministry of Human Resources an ...

Court : Delhi

Subject : Constitution

Acts : Constitution of India - Article 226; Drugs and Cosmetics Rules, 1945 - Rule 2

Reported in : 1999IAD(Delhi)213; 77(1999)DLT37; ILR1998Delhi908

recognised by the Department of Health and Family Welfare, Government of West Bengal. It also claims to be accepted by the Indian Medical Council and … letter respondent No. 10 was permitted only to conduct research, promotion and development in the system of Electropathy. 5. In the reply affidavit of Gurcharan … in any area which was comprised before that date within India as defined in the Government of India Act, 1935, shall also be recognised medical qualifications for the purposes of the Act. Under Section 16, the medical qualifications … in Part-I of the Third Schedule shall also be recognised medical qualifications for the purposes of the Act. Section 15 which is relevant runs as under :- '(1) Subject to the other provisions contained in the Act, the

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

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

Court : Supreme Court of India

Subject : Land Acquisition

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 … 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

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

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 … 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 … in a writ petition filed by Mr. Maganbhai Ishwarbhai Patel (C.A. No. 1528/68). The Gujarat High Court, 18 March, 1968, dismissed the petition summarily and

Shambhu Nath Ghosh and ors. Vs. Bejoy Lakshmi Cotton Mills Ltd. and or ...

Court : Kolkata

Subject : Constitution

Acts : Constitution of India - Article 166, 166(2) and 166(3); ;West Bengal Land Development and Planning Act, 1948 - Sections 4, 4A(2), 5, 5(1), 5(2) and 6; ;West Bengal Government - Rules 19 and 20

Reported in : AIR1959Cal552

of 21-7-1956 under S. 4 and S. G respectively of the West Bengal Land Development and Planning Act and also the agreement entered into between … Governor is by or under this constitution required to act in his discretion. The matters under the Land Development Act in which the executive action has, in the present case, been taken is admittedly not business with respect … of Business made under Section 59'. It may be mentioned that Section 49 of the Government of India Act, 1935 contained the provision 'The executive authority of a Province shallbe exercised on behalf of or by the Governor, … has to be made in this connection of the provisions in Article 154 of the Constitution that the executive power of the State shall be

Karnaphuli Jute Mills Ltd. Vs. Union of India (Uoi)

Court : Kolkata

Subject : PropertyCivil

Acts : Indian Independence (Right, Properties and Liabilities) Order, 1947 - Articles 9 and 10(1); ;Defence of India Act, 1939 - Sections 17 and 19; ;Code of Civil Procedure (CPC) , 1908 - Section 9; ;Defence of India Rules; ;Requisition of Land (Contiuance of Powers) Act, 1947 - Section 6; ;Arbitration Act, 1940 - Section 1; ;Displaced Persons Institution of Suits Act, 1948 - Section 4; ;Limitation Act, 1908 - Articles 48 and 120

Reported in : AIR1956Cal71

consideration before my learned brother Bose J. in 'Hindusthan Housing and Land Development Trust Ltd. v. State of West Bengal reported in 59 Cal WN … of a lease dated 22-2-1947 in respect of property demised to the Governor of the undivided Provinces of Bengal, being the first, second and third floors of premises No. 73, Dhurromtolla Street in the town of Calcutta, … phrase 'loans -- guarantees and other financial obligations' occurred in Section 178 in Part 7, Government of India Act, 1935, and there cannot be any doubt that those expressions used in that section did not refer to all … in respect of such damages arose wholly within territories which, as from 15-8-1947 are the territories of the Dominion of Pakistan and consequently there can

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 … Land Acquisition Act and in between was the third, to Capitalise at 15 years' purchase.The learned counsel for the Board took the stand, that all