Advanced Search Results

The State of West Bengal Vs. Kesoram Industries Ltd. and ors.

Court : Supreme Court of India

Subject : ConstitutionOther Taxes

Acts : Constitution of India - Articles 14, 21, 32, 51, 136, 141, 245, 246, 246(1), 246(2), 246(3), 248, 248(2), 249 to 252, 253, 256, 257, 265, 276, 301, 356 and 366; Cess Act, 1980 - Sections 2, 3, 5, 5(1) 6 and 18; West Bengal Primary Education Act, 1973 - Sections 78, 78A, 78(1), 78(2) and 78(2A); West Bengal Rural Employment and Production Act, 1976 - Sections 2 and 4; Cess Act, 1880 - Sections 3, 4, 5, 6(1) and 72; West Bengal Land Reforms Act, 1955 - Sections 23B(1); West Bengal Taxation Laws (Amendment) Act, 1992 - Sections 2; Bengal General Clauses Act, 1899 - Sections 3, 4(2) and 4(2A); West Bengal Taxation Laws (Amendment) Act, 1981; West Bengal Taxation Laws (Amendment) Act, 1989; Mines and Minerals (Development and Regulation) Act, 1957 - Sections 2, 4, 4A , 9, 9(2), 9A, 13(2

Reported in : (2004)187CTR(SC)219; [2004]266ITR721(SC); JT2004(1)SC375; 2004(1)SCALE425; (2004)10SCC201; [2004] 1 SCR 564

relation to Minerals(providing operation for raising, winning or extracting coal) as defined inthe Mines and Minerals (Regulation and Development) Act, 1957 (Act No. 67of 1957""3.(1) The Authority may, subject to Sub-rules (2) and (3) impose a cess onmineral … excise)and a tax in List II (e.g. a tax on the sale of goods) of the Government ofIndia Act, 1935, may overlap, in fact there would be no overlapping in few,if the taxes were separate and distinct imposts; … it or trenches onit.As to the MMDR Act, 1957, the Constitution Bench In M.A. Tulloch observedby reference to Section 18 of the Act that the intention of Parliament wasto cover the entire field and thus to leave no … CASE NO.:Appeal (civil)  1532 of 1993PETITIONER:State of West BengalRESPONDENT:Kesoram Industries Ltd. and Ors.DATE OF JUDGMENT: 15/01/2004BENCH:V.N.Khare CJI & R.C.Lahoti & B.N.Agarwal

Additional District Magistrate, Jabalpur Vs. Shivakant Shukla

Court : Supreme Court of India

Subject : Constitution

Acts : Maintenance of Internal Security Act, 1971 - Sections 3, 3(1), 8, 16, 16A, 16A(9) and 18; Constitution of India - Articles 14, 19, 21, 22, 31, 31(1), 32, 133, 134, 136, 141, 226, 265, 352, 352(1) and (3), 358, 359, 359(1) and (1A) and 368; Evidence Act - Sections 123, 124 and 162; Indian Penal Code (IPC), 1860 - Sections 76, 79 and 342; Code of Criminal Procedure (CrPC) , 1973 - Sections 56, 57, 167, 419 and 419(1); Constitution of India (Thirty-eighth Amendment) Act; Presidential Order; Code of Civil Procedure (CPC) , 1908 - Sections 3 and 80 - Order XXXV, Rule 12;Constitution of India (Thirty-ninth Amendment) Act

Reported in : AIR1976SC1207; 1976CriLJ945; (1976)2SCC521; [1976]SuppSCR172; 1976(8)LC610(SC)

above observations were relied upon in the matter of Ammer Khan 6 Bengal Law Reports 292. I may also refer to the observations of Lord … in judicial thinking was influenced in a great measure by the industrial development leading to accumulation of large capital in the hands of industrialists and … also repelled the contention that the said Act was violative of Section 229 of the Government of India Act, 1935 because, in the opinion of the Court, the right secured by Section 229 was lifted into the formal … the same remedy is still available under Article 226 of the Constitution.175. Our attention has been invited to Section 18 of the maintenance of Internal Security Act as amended. According to that section, no person, including a foreigner,

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 … by this Act or not and the Board shall thereupon undertake the framing and execution of such scheme.16. Section 18 specifies the matters which a housing scheme may provide.17. On September 13, 1993 a Memorandum of Understanding was

In Re: the Delhi Laws Act, 1912, the Ajmer-merwara (Extension of Laws) ...

Court : Supreme Court of India

Subject : Constitution

Acts : Code of Criminal Procedure (CrPC) , 1898 - Sections 445

Reported in : [1951]2SCR747; AIR 1951 SC 332

Every such notification shall specify the boundaries of the territories to which it applies.' 16. The Lieutenant-Governor of Bengal issued a notification in exercise of the power conferred on him by section 9 and extended the provisions … the question in respect of the three main stages in the constitutional development of India. The first covers the legislative powers of the Indian Legislature … legislative powers between the center and the Provinces. That was brought about only by the Government of India Act, 1935. Section 94 of that Act enumerates the Chief Commissioner's Provinces. They include the Provinces of Delhi and Ajmer-Merwara. Under … the control of the East India Company. The Indian Councils Act of 1861, section 22, gave power to the Governor-General in Council, with additional nominated

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 … referred to as the Act - enacted by the Parliament, and particularly Sections 4 and 7 thereof, were ultra vires the legislative competence of Parliament, … not appropriate to use the Land Acquisition Act, 1894, for the acquisition of mineral rights, particularly because

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

Court : Supreme Court of India

Subject : Land Acquisition

relating to mineral development” occurring in Entry 50 of List II has to be construed in light of Section 18 of the MMDR Act which deals with mineral development. Section 18 does not impose any express limitation on … 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

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 … foreigner; shall register himself in accordance with the rules made by the Central Government in this behalf under section 18 with such authority (hereafter in this sub-section referred to as the registering authority) as may be specified in … 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 … is absolute is no more good law is view of the subsequent developments on the interpretation of Part III of the Constitution. 164 “25 […].

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. … Ramji to the dispute ...... 115 viii. Section 18G of IDRA and Entry 33 of List III

S.P. Gupta Vs. President of India and ors. Overruled

Court : Supreme Court of India

Subject : Constitution

Acts : Constitution of India - Articles 19(1), 32, 74, 74(1), 74(2), 124, , 136, 139A, 163, 216, 217, 217(1), 217(2), 218, 221(1), 222, 224, 224(1) 226, 233(1), 234 and 368; Indian Penal Code (IPC), 1860 - Sections 166; Code of Criminal Procedure (CrPC) , 1973 - Sections 133, 162 and 162(1); Code of Civil Procedure (CPC) , 1908 - Sections 91 and 92 - Order 17, Rule 2 - Order 31, Rule 19A; Evidence Act - Sections 114, 123, 124, 132, 162 and 162(1); Government of India Act, 1935 - Sections 220; Judges (Inquiry) Act, 1968

Reported in : AIR1982SC149; 1981Supp(1)SCC87; [1982]2SCR365

Court is the only judge.This broadening of the rule of locus standi has been largely responsible for the development of public law, because it is only the availability of judicial remedy for enforcement which invests law with … Court appointed by His Majesty, The Government of India Act, 1915 was replaced by the Government of India Act, 1935 and Section 220 of that Act provided that every High Court shall consist of a Chief Justice and … High Court of Bombay and they have challenged a circular letter dated 18th March, 1981, addressed by Shri Shiv Shankar, the Law Minister of the

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 … which according to them should not have been less than Rs. 1,60,000/-. The petitioiners prayed for reference under Section 18 of the, Land Acquisition Act, 1894 in which they charged that as the plots of land in question