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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; … Fields Limited (1995)Suppl.2 SCC 686 decided on April 21, 1995.On 30.3.1996 a writ petition under Article 32 … 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 … revenue in respect ofhis holding under Clause (a) of Sub-section (1) of Section 23B of the WestBengal Land Reforms Act, 1955 shall be liable to

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,

Jahnabi Prosad Banerjee and anr. Vs. Basudeb Paul and ors.

Court : Kolkata

Subject : Civil

Acts : Bengal Municipal Act, 1932 - Sections 39B and 43; ;Code of Civil Procedure (CPC) , 1908 - Section 115; ;Government of India Act, 1935 - Section 224(2); ;Bengal Municipal Act (Amendment) Act, 1936

Reported in : AIR1950Cal536,54CWN626

Sections 106 and 107, Government of India Act, 1915 and by Sections 223 and 224 Government of India Act, 1935. Section 43, Bengal Municipal Act, 1932 or Section 39B of the said Act are both Acts of the Provincial … was the position at the end of the eighteenth century. It is not necessary to trace the later development of the provincial Courts which is set forth in Chaps. VIII and IX of Cowell's History and Constitution … to reviews of judgment, and by the constituted Courts of appellate jurisdiction.' 21. On 6th August 1861, the High Courts Act (24 and 25 Vict.,

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

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 … disposal or in the alternative the questions of law formulated in paragraph 21 or the petition should not be determined by this Court and the

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 … May, 1968 on certificate are by Mr. Shiv Kumar Sharma (C.A. No. 2118/68) and Major Ranjit Singh (C.A. 1900/68) and the appeal from the decision

Sm. Sujata Maitra Vs. State of West Bengal and ors.

Court : Kolkata

Subject : Constitution

Acts : Constitution of India - Article 227(1) and 227(5); ;Constitution of India (42nd Amendment) Act; ;West Bengal Co-operative Societies Act, 1973

Reported in : AIR1978Cal374,82CWN894

ORDERSalil Kumar Datta, J.1. This Rule is directed against the order of the West Bengal Co-operative Tribunal dated Dec. 21, 1976 reversing on appeal an award of the Co-operative Development Officer and Arbitrator-II … respect of the matter might not be possible under such writs.6. Section 224 of the Government of India Act, 1935 made the following provisions:'Section 224. Administrative function of the High Court-- (1) Every High Court shall have superintendence

Union of India Through Post Master General in Karnataka Police Thimmai ...

Court : National Consumer Disputes Redressal Commission NCDRC

Subject : Land Acquisition

to refer to another judgement of Honble Supreme Court, M/s. Advance Scientific Equipment Ltd. and Anr. Vs. West Bengal Pharma and Photochemical Development Corporation Ltd. (Appeal (Civil) Nos.17068 - 17069/2010, decided on 9 July 2010) wherein it … Attorney General of Trinidad and Tobago v. Gordon Grant and Co. Ltd 1935 AC 532 and Secy. of State v. Mask and Co. (1939-40) 67 … (for short as State Commission), petitioner has filed this present revision petition under Section 21(b) of Consumer Protection Act, 1986 (for short as Act). 2. Alongwith this revision petition, an application seeking condonation of delay of 4

Rajkishen Prem Chandra JaIn Vs. Commissioner of Income-tax

Court : Punjab and Haryana

Subject : Direct Taxation

Acts : Income-tax Act, 1922 - Sections 10(1); ;Land Acquisition Act, 1894 - Sections 31

Reported in : AIR1959P& H63; [1959]35ITR590(P& H)

Inspector of Taxes v. Lord Penrhyn 1937 3 All ER 468; compensation awarded under the Restriction of Ribbon Development Act, 1935: Jhonson Inspector of Taxes v. W. S. Try Ltd. 1946 27 Tax Cas 167; compensation paid by agreement … profit. Our attention has been invited to Calcutta Electric Supply Co. Ltd. v. Commr. of Incomer' tax. West Bengal, Calcutta : [1951]19ITR406(Cal) . In this case the Government requisitioned an electricity generating plant belonging to the assessee … remunerative contract: Kelsall Parsons and Co. v. Commissioner of Inland Revenue 1938 21 Tax Cas 608. In Commissioner of Inland Revenue v. Newcastle Breweries Ltd … A.N. Bhandari, C.J. 1. This is a reference under Section 66(1) of the Indian Income-tax Act. 2. A plot of land belonging

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 … the State. Ownership of land does not give the owner the right 21 PART C to the sub-soil minerals. Therefore, a tax on mineral bearing