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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

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 … 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 … the Assam Taxation (on Specified Lands) (Amendment) Act, 2004 and such land having been made exigible to

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 … one or more of the forms of business specified in Clauses (a) to (o) of Sub-section (1). By Sub-section (2) of s. 6 banking companies were prohibited from engaging 'in any form of business other than those referred

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

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 … 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 … remained dormant till the Constitution was amended in 1955 and Clause (2A) was inserted in Article 31 by Section 2 of the Constitution (Fourth Amendment) Act 1955, applying the eclipse theory as propounded by the Supreme Court in

Aswini Kumar Nath Vs. State of West Bengal and ors.

Court : Kolkata

Subject : Constitution

Acts : West Bengal Land Development and Planning Act, 1948 - Sections 4, 5, 6, 7 and 8; ; West Bengal Land Development and Planning Rules - Rules 5; ; Constitution of India - Articles 14, 19, 31, 31(2) and 246; ;Government of India Act, 1935

Reported in : AIR1952Cal679

to be invalid.4. It was contended by the learned Advocate for the petitioner that the West Bengal Land Development Act is ultra vires in so far as it purported to acquire lands for settlement of immigrants. According to … L. Dev. dated the 16th November, 1950, purported to be made under Section 4 of the West Bengal Land Development and Planning Act and another … the Constitution. The entry which dealt with the question of aliens and immigration in the Government of India Act, 1935, was also Entry No. 17 in List (1) of the 7th schedule but that entry also relates to … ORDERBose, J.1. This is an application under Article 226 of the Constitution for an appropriate Writ directing the opposite parties to

Nagpur District Central Co-operative Bank Ltd. and anr. Vs. Divisional ...

Court : Mumbai

Subject : Trusts and Societies

Acts : Constitution of India - Article 246; Maharashtra Co-operative Societies Act, 1960 - Sections 2(6), 2(7), 2(10), 43, 43(2), 44, 45, 78, 165(1) and 165(2); Reserve Bank of India Act, 1934; Banking Regulation Act, 1949; Banking Laws (Application to Co-operative Societies) Act, 1965; Code of Civil Procedure (CPC), 1908 - Order 22; Banking Companies Act, 1949 - Sections 5(1); Maharashtra Co-operative Societies Rules, 1961 - Rules 38, 39, 40, 41, 42, 43, 44, 45, 46 and 47; Government of India Act, 1935; Banking Regulation (Amendment) Act, 1965; Banking Laws (Amendment) Act, 1968; Mines and Minerals (Regulation and Development) Act, 1957; Bengal Moneylenders Act - Sections 30 and 36

Reported in : AIR1971Bom365

'money-lending' was a State subject under Entry No. 27 of List II. Bengal Legislature enacted the Bengal Moneylenders Act and the question was whether the … the State of Orissa while the Central Act No. 53 of 1948 namely. Mines and Minerals (Regulation and Development) Act, 1957 was in existence. The following observations from paragraph 5 would be useful. 'It does not need much … a pre-Constitution Act and was enacted under the Legislative powers given to it under the Government of India Act, 1935. This Act has further been amended and it is now known as the Banking Regulation Act, 1949. The … and to invest the deposits in other spheres. 2. The petitioner Society has framed its bye-laws according … place. This notice is purported to be issued under his powers under Section 78(i) of the Maharashtra Co-operative Societies Act, 1960. Subsequently on the 9th

Syed Fateyab Ali Meerza Vs. Union of India and Others

Court : Kolkata

Subject : Property

Acts : Moorshedabad Act, 1891 - Sections 3, 3(1), 5, 5(3) and 6;; Constitution of India - Articles 14, 31, 31C, 226, 291, 300A, 362, 372 and 372(1);; West Bengal Murshidabad Estate (Trust) Act, 1963 - Sections 2(1), (5), (7), (9) and (10), 5(1) and (3), 6 and 10;; West Bengal Murshidabad Estate (Management of Properties) and Miscellaneous Provisions Act, 1980 - Sections 3, 6, 8, 9, 10, 12, 13 and 15;; Moorshedabad Estate Administration Act, 1933 - Section 5;; Government of India Act, 1935 - Sections 177 and 296;; Indian Independence (Rights, Properties and Liabilities) Order, 1947 - Article 8;; Murshidabad Estate Administration (Amendment) Act, 1959;; West Bengal Land (Requisition and Acquisition) Act, 1948;; Unauthorised Occupants Act (Public Premises) Act, 1971;; Maharashtra Housing a

Reported in : AIR1991Cal205

the said Estate.5. The petitioner further states that by virtue of Chapter III of the Government of India Act, 1935 the properties of the Murshidabad Estate vested in the then Government of Bengal. Under Article 8 of the … of compensation. There the Supreme Court reversed the decision purely on the point that the Maharashtra Housing and Development Act, 1977 was protected from challenge under Article 14 by virtue of Article 31C of the Constitution. Mr. Das … into the Moorshedabad Act, 1891 confirming the Indenture dated 12th March, 1891. Section 5 of the said Act specifically stated that all properties mentioned in … Ali Meerza Fetehyab Ali Meerza Kazem Ali(Third Nawab) (Born (Petitioner) Meeza1000 d. 20.11.69) (Born 1911)The petitioner's great grandfather Faridoon Jah Syed Mansoor Ali Khan was

Association of Natural Gas and ors. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Subject : Constitution

Acts : Constitution of India - Articles 143, 143(1), 226 and 246; ;Gujarat Gas (Regulation of Transmission, Supply and Distribution) Act, 2001 - Sections 2, 8, 9, 23(1), 25, 25(2), 34(1), 34(2), 55(1) and 55(2); Petroleum Act, 1934; Oil Fields (Regulation and Development) Act, 1948; Oil Industry (Development) Act, 1974; Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962; Oil Industry (Development) Act, 1974; Petroleum and Natural Gas Rules, 1959; Industries (Development and Regulation) Act, 1951; Government of India Act, 1935 - Sections 100; ;Mines Act, 1952; Mines and Minerals (Development) Act, 1957; Industries (Development and Regulation) Act, 1957; Bengal Money Lenders Act, 1940; Oriental Gas Company Act, 1960; Liquid Fuel Emergency Act, 1984 - Sec

Reported in : 2004(6)ALD99(SC); (2004)2GLR1413; JT2004(3)SC529; (2004)4SCC489; [2004] 3 SCR 534

submitted that in Calcutta Gas Company (Proprietary) Ltd. v. State of West Bengal and Ors. , the scope and ambit of Entry 25 of List … Petroleum Act, 1934. The Union of India, inter alia, enacted various legislations, namely, The Oil Fields (Regulation and Development) Act, 1948; Oil Industry (Development) Act, 1974; The Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) … of excise, and Entry 18 of List II, taxes on the sale of goods, of Government of India Act, 1935, Sir Maurice Gwyer, C.J., in In re: The Central Provinces and Berar Act No. XIV of 1938 1939 … thereto. The term "Gas" has been defined in the Gujarat Act under Section 2(h) as follows:- "Gas" means a matter in gaseous state which predominantly

Amar Singh Modi Lal Vs. State of Haryana and ors.

Court : Punjab and Haryana

Subject : Commercial

Acts : Mines and Minerals (Regulation and Development) Act, 1957 - Sections 3; ;C.P. and Berar Sales Tax Act, 1947 - Sections 6(1); Punjab Minor Minerals Concession Rules, 1964; Constitution of India - Articles 226 and 227

Reported in : AIR1972P& H356

by virtue of Entry No. 36 in List I of the Seventh Schedule of the Government of India Act, 1935, which is in the following terms:--'Regulation of mines and oil fields and mineral development to the extent to … placed on behalf of the petitioners are clearly distinguishable. State of West Bengal v. Jagadamba Prasad Singh, AIR 1969 Cal 281, was confined to a … 436, dated the 1st of June, 1958, issue under Section 3(e) of the Mines and Minerals (Regulation & Development) Act, 1957, is the important and slightly intricate question which primarily calls for determination in these two connected Civil … for determination in these two connected Civil Writ Petitions Nos. 1840 and 2004 of 1970. Identical questions of law and fact arise in these petitions

Dalmia Cement (Bharat) Ltd. Vs. State of Tamil Nadu and anr.

Court : Supreme Court of India

Subject : Land Acquisition

came to be initially introduced by Lord Cornwalis in the province of Bengal. In the year 1799, the East India Company ordered that the zamindari … royalty and dead rent prescribed in the second and third Schedules to the Mines and Minerals (Regulation and Development) Act, 1957 in respect of mining leases over patta lands as in the case of Government lands. Accordingly, I … the State to carry on mining activity in exercise of its executive authority under the Government of India Act, 1935 requires examination, on an appropriate pleading. An inquiry into such matters is not really called for in the … which the Zamindar granted the tenancy. Such a possibility is recognised under Section 16 of the Mines and Minerals (Development and Regulation) Act, 1957 which … J.1. By a common judgment dated 4th March, 2002, the High Court of Madras dismissed a batch