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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 … of market value of the land at the date of the publication of the notification under s. 4(1). Section 17 of the Act makes special provision for the speedy acquisition of waste or arable land in cases of

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 … of 1953 State of West Bengal v. Murari Mohan, decided on November 17, 1958. Their Lordships referred to Section 299(2) of the Government of India … 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

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 … P. Motor Vehicles Act. The State Government issued a notification dated May 17, 1955 whereby it was directed that the aforesaid routes along with others

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,

State of Gujarat Vs. Shantilal Mangaldas and ors.

Court : Supreme Court of India

Subject : Constitution

Acts : Constitution of India - Articles 14, 19(1), 31, 31(2), 31(2-A) and 31(5); Bombay Town Planning Act, 1955 - Sections 53, 67 and 71; Land Acquisition Act

Reported in : AIR1969SC634; (1970)72BOMLR1; (1969)GLR879(SC); (1969)1SCC509; [1969]3SCR341; MANU/SC/0063/1969

Court in P. Vajravelu Mudaliar v. The Special Deputy Collector, Madras : [1965]1SCR614 , The State of West Bengal v. Mrs. Bela Banerjee and Ors. : [1954]1SCR558 ; N. B. Jeejeebhoy v. Assistant Collector, Thana Prant, Thana … of the town: planning legislation are to provide for planned and controlled development and use of land in urban areas. Introduction of the factory system … payment of compensation by the State for compulsory acquisition of property.33. Section 299 of the Government of India Act, 1935, insofar as it is material, provided :(1) No person shall be deprived of his property save by authority … the area of plot No. 221 was reconstituted into two plots--Plot No. 176 measuring 15,403 square yards reserved for the first respondent and Plot No.

W.B. Housing Board and ors. Vs. Brijendra Prasad Gupta and ors.

Court : Supreme Court of India

Subject : Property

Acts : West Bengal Land (Requisition and Acquisition) Act, 1948 - Sections 3, 3(1), 3(2) and 4; West Bengal Land Reforms Act, 1955 - Sections 3 and 50; Constitution of India - Article 136; West Bengal Housing Board Act, 1972 - Sections 2(12A), 17, 27A and 29

Reported in : JT1997(6)SC169; 1997(4)SCALE590; (1997)6SCC207

Housing Board, State of West Bengal and others and Bengal Peerless Housing Development Company Ltd. have filed separate appeals before this Court.7. Admittedly, names of … aside the requisition and subsequent acquisition of the certain piece of land under the provisions of the West Bengal Land (Requisition and Acquisition) Act, 1948 (for short 'the Act') as amended from time to time. The impugned … correctness Of the record-of-rights. As noted above mutation was effected in September 1935. the Division Bench has observed that the Collector would have been aware … movable and immovable, enter into contract and do all things necessary for the purposes of this Act. Under Section 17 of the Housing Board Act powers and duties of Board to undertake housing schemes have been prescribed. Section

Kesavananda Bharati Sripadagalvaru and ors.Vs. State of Kerala and anr ...

Court : Supreme Court of India

Subject : Constitution

Acts : Constitution of India - Articles 1, 2, 3, 4, 4(1), 4(2), 5, 6, 8, 9, 10, 12, 13, 13(1), 13(2), 13(3), 13(3), 13(3), 13(4), 14, 15, 15(1), 15(3), 15(4), 16, 16(2), 16(3), 16(4), 16(5), 17, 18, 19, 19(1), 19(1)(f), 19(2), 19(5), 19(6), 19(6), 20, 20(2), 21, 22, 22(1), 22(2), 22(3), 22(4), 23, 24, 25, 25(1), 25(2), 26, 26, 26, 27, 28, 29, 29(1), 29(2), 30, 30(1), 30(2), 31, 31, 31, 31(1), 31(2), 31(2A), 31(2B), 31(3), 31(4), 31(5), 31(5), 31(6), 31A, 31A(1), 31A(2), 31B, 31C, 32, 32(1), 32(2), 32(4), 33, 34, 35, 35, 37, 38, 39, 39(B), 39, 39, 39(C), 40, 41, 42, 43, 44, 45, 46, 46(1), 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 56(1), 59, 60, 61, 61(1), 62, 64, 66, 68, 69, 72, 73, 73(1), 73(2), 74, 75, 75(1), 75(4), 76, 76(2), 77(2), 79, 83, 83(2), 85, 85(1), 88, 89, 100, 102(1), 103(1), 103(3)

Reported in : AIR1973SC1461; (1973)4SCC225; [1973]SuppSCR1

accepted in England, and the same rule has been observed in the construction of Indian statutes-see Administrator-General of Bengal v. Prem Nath Mallick [1895] 22 I.A. 107-118. The reason behind the rule was explained by one of … peoples, numbering now more than 550 millions, with different languages and religions and in different stages of economic development, into one nation, and no other nation is faced with such vast socio-economic problems.15. I need hardly observe … its amendment; Part IV with the validity of the Constitution (Twenty-fourth Amendment) Act; Part V with the validity of Section 2 of the Constitution (Twenty-fifth … place of the old Section 291 in the Government of India Act, 1935:291. Power of the Governor-General to amend certain provisions of the Act and … was, agreed with the Chief Justice that the 17th Amendment was valid even though the procedure laid

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 … viz. the minerals, the fixation of the rate of royalties would also be included within its meaning.” 198 Section 17, MMDR Act 199 (1994) 2 SCC691[48]. 88 PART G139 In Tata Iron & Steel Co. Ltd. v. Union

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 … of the Citizenship Act. By an order dated 17 December 2014, a two-Judge Bench of this Court … 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 … SCC70940 1996 3 SCC709[33]. 41 (1997) 2 SCC715Page 17 of 123 PART A hold that the State … of the decision in Tika Ramji to the dispute ...... 115 viii. Section 18G of IDRA and Entry 33 of List III .................................... 119 F.