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Oct 16 2015

Supreme Court Advocates-On-Record Association and Anr. Vs. Union of In ...

Court : Supreme Court of India

Decided on : Oct-16-2015

Subject : MRTP

has placed a very heavy reliance on the recent order of this Court dated 30-3-2011 in Mineral Area Development Authority v. SAIL (2011) 4 SCC450 wherein considering the issue of interpretation of the constitutional provisions and validity … was comprised before the fifteenth day of August, 1947, within India as defined by the Government of India Act, 1935, or has been an advocate of any High Court in any such area, as the case may be. … (consequent upon its notification in the Gazette of India (Extraordinary) Part II, Section 1). Simultaneously therewith, the Parliament enacted the NJAC Act, which also received … our attention, to the proposed amendments of Articles 124, 217, 222 and 231, and more particularly, to the inserstion of Part XIIIA in the Constitution,

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Aug 18 1964

Phanindra Kumar Senyal and ors. Vs. State of West Bengal

Court : Kolkata

Decided on : Aug-18-1964

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 … acquired in pursuance of the Act the market value referred to in clause first of Sub-section (1) of Section 23 of the said Act shall be deemed to be the market value of the land on the dato

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Mar 05 1959

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

Court : Kolkata

Decided on : Mar-05-1959

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,

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Jan 13 1969

State of Gujarat Vs. Shantilal Mangaldas and ors.

Court : Supreme Court of India

Decided on : Jan-13-1969

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 … City Wall Improvement Town Planning Scheme were continued before him. On August 23, 1957, the Town Planning Officer informed the first respondent that Rs. 25,411

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Oct 08 2003

M.D., Army Welfare Housing Organisation Vs. Sumangal Services Pvt. Ltd ...

Court : Supreme Court of India

Decided on : Oct-08-2003

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 20, 30, 32, 33 and 41; West Bengal Municipal Act, 1932; West Bengal Municipal Act, 1993 - Sections 204, 214 and 440; T. and C. Development Planning Act, 1979; West Bengal Land Reform Act; Contract Act - Sections 23, 56, 65 and 70; Consumer Protection Act, 1986 - Sections 14; Code of Civil Procedure (CPC) - Sections 10 and 151; Arbitration and Concilation Act, 1996 - Sections 17

Reported in : AIR2004SC1344; 2003(3)ARBLR361(SC); JT2003(Suppl2)SC300; 2003(8)SCALE424; (2004)9SCC619; [2003]48SCL344(SC)

show that Sumangal had any legal liability to get the Municipal plan sanctioned.96. Section 204 of the West Bengal Municipal Act, 1993 prohibits erection of any building excepting with the previous sanction of the Board of Councillors. … about 23rd October, 1997 an application was filed by AWHO stating:'That the development of the housing project is carried out by Party No. 2 for … 1485 and South India Rly. Co. Ltd. v. S.M. Bhashyam Naidu, AIR 1935 Mad. 356.86. These decisions were considered by a Division Bench of the … Ltd. and Ors. : [1975]1SCR703 this Court held that in relation to a contract which is hit by Section 23 of the Contract Act Section 75 and Section 70 of the Contract Act shall not apply. Only in

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Mar 25 2004

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

Court : Supreme Court of India

Decided on : Mar-25-2004

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 … (2) states that whoever Carries on business of transmission in contravention of Clause (a) of Sub-section (1) of Section 23 or of Clause (a) or (b) of Sub-section (2) of Section 55 or whoever carries on business of

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May 10 1951

Raja Suryapalsingh and ors. Vs. the U.P. Govt.

Court : Allahabad

Decided on : May-10-1951

Subject : Constitution

Acts : Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950; Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1951 - Sections 4(2), 27, 113 and 114; Constitution of India - Articles 13, 14, 19(1), 25, 25(1), 26, 31, 31(2), 31(4), 245, 246 and 294; ; Land Acquisition Act, 1894 - Sections 6; Govt. of India Act - Sections 299; ; Crown Grants Act, 1895 - Sections 3; Constitutional Law; Uttar Pradesh Panchayat Raj Act, 1947 - Sections 3 and 4

Reported in : AIR1951All674

cultivator of the land & the State. Thus for example in the Report of the Land Revenue Commission, Bengal, commonly known as the Floud Report, the view of the majority is expressed in these words (Vol I … objects of the Act are the encouragement of village self-govt. & the development of co-operative farming.41. The poverty of the bulk of the agricultural population … 31(2) are not fetters on legislative competence but are conditions of legislative effectiveness. In the Govt. of India Act, 1935 (25 & 26 Geo. V Ch. 42) the power to make laws for the compulsory acquisition of land … abolition & acquisition & to made provision for other matters connected therewith,' Section 4 makes it clear that the scope of the Act extends beyond … S., 538: 93 L. Ed., 222. At p. 230 that learned Judge said :'Even where the social

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Feb 13 1974

Shyam Sundar Rathi Vs. the Addl. District Magistrate, Bankura and ors.

Court : Kolkata

Decided on : Feb-13-1974

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 … May 6, 1970. the Additional District Magistrate, Bankura by his Memo. No. 2309/E.A. served a notice upon the petitioner stating that it had come to

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Jul 16 2002

Amarnath Dwivedi Vs. State of U.P. and ors.

Court : Allahabad

Decided on : Jul-16-2002

Subject : Service

Acts : Constitution of India - Articles 12 and 226

Reported in : (2002)3UPLBEC2219

is a large Organisation. It has offices in various parts of West Bengal, Bihar and Assam, as shown by the said Rules, and possibly in … Diploma in the Personal Management and Industrial relation and Diploma in Rural Development and Post Graduate Diploma in Human Resources Management, was employed as Labour … the employer towards his workmen as, for example, terms, conditions and obligations prescribed by the Payment of Wages Act, 1935; Industrial Employment (Standing Orders) Act, 1946; Minimum Wages Act, 1948; Payment of Bonus Act, 1965; Payment of Gratuity … a clause, therefore, is opposed to public policy and being opposed to public policy, it is void under Section 23 of the Indian Contract Act. 102. It was, therefore, submitted on behalf of the Appellants that this was

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Feb 10 1970

Rustom Cavasjee Cooper Vs. Union of India (Uoi)

Court : Supreme Court of India

Decided on : Feb-10-1970

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 … habeas corpus and probably for infringement of the guarantee under Articles 17, 23 and 24, the petitioner may seek relief in respect of his own

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