Advanced Search Results

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 … to the rules, if any, a specified company shall carry on the business of transmission in the State. Section 25(2) says that no person shall lay pipelines for distribution in the State unless he is a licensee. Chapter

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 … List II--Entry 21 'Fisheries'. Entry 24 'Industries . . . .'; Entry 25 'Gas and Gas works': Entry 26 'Trade and commerce'; Entry 30 'Money-lending

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; … 13, Sub-section (1) and relevant part of Sub-section (2) of Section 18, Sub-section (3) of Section 18 and Section 25 areextracted and reprodused as under:"13. Power of Central Government to make rules in respect of minerals. -(1) The … 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

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

Court : Kolkata

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 … by June 2, 1970 why he shall not be prosecuted under Rule 25 of the West Bengal Minor Mineral Rules, 1959 and/or why damage compensation … 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

Commissioner of Income-tax Vs. Andhra Pradesh Riding Club

Court : Andhra Pradesh

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2(15), 10, 10(23), 10(23A), 11, 11(1) and 148; Constitution of India - Article 141

Reported in : [1987]168ITR393(AP)

v. IRC [1935] 20 TC 1 ; CIT v. Ootacamund Gymkhana Club : [1977]110ITR392(Mad) and Cricket Association of Bengal v. CIT : [1959]37ITR277(Cal) . 10. As seen earlier, under article 2 of the articles of the club, … the equestrian games. The trust or association or club which ensures the development of sports can, therefore, legitimately be said to carry on an object … incorporated under the Companies Act, 1913, after certain vital amendments in its memorandum of association was registered under section 25 of the Companies Act. Its objects as amended were : (a) to promote commerce and trade in art

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 … 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 … be entitled to costs of this Court which we assess at Rs 250/-. D. Falshaw, J. 9 : I agree. - Sections 100-A [As inserted

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 … power is vested with the State Government under Section 15 to make rules with respect to minor minerals. Section 25 empowers the Government to recover rent, royalty, tax, fee or other sum due to the Government under the

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

Court : Supreme Court of India

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 … | | |II. |Petitioners’ Contentions, on Merits | 5 - |171 - 252 | | | |66 | | |III. |Respondents’ Response on Merits. |

In Re Section 6a Of The Citizenship Act 1955

Court : Supreme Court of India

Subject : Right to Information

is absolute is no more good law is view of the subsequent developments on the interpretation of Part III of the Constitution. 164 “25 […]. … 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 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 … 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

Samatha Vs. State of A.P. and ors.

Court : Supreme Court of India

Subject : Constitution

Acts : Constitution of India - Articles 1, 2, 3, 8, 9, 14, 15(4), 17, 21, 23, 38, 39, 46, 162, 244, 245 and 298; Andhra Pradesh Scheduled Areas Land Transfer Regulation, 1959 - Sections 3(1); Mines and Minerals (Regulation and Development) Act, 1957 - Sections 11(5); Forest (Conservation) Act, 1980 - Sections 2 and 3(2); Gunjam and Vizianagaram Act, 1839; Transfer of Property Act - Sections 105; Enviroment (Protection) Act, 1986 - Sections 2

Reported in : AIR1997SC3297; JT1997(6)SC449; 1997(4)SCALE746; (1997)8SCC191; [1997]Supp2SCR305

the present  Home Secretary, Govt. of India, Orissa, M.P, Rajasthan and West Bengal and they had given  graphic first hand account of the magnitude of … in the  Government's counter-affidavit that by operation  of Section 11 (5) of the Mine and Mineral  (Regulation and Development) Act, 1957 (for short the 'Mining Act'), as amended by State Act, on  and from August 14, 1991, no … was entrusted to the  Governors of the Provinces.  18. Pursuant to Simon Commission Report, the Government of India Act, 1935 dealt with excluded  and partially excluded areas as per Order 1936 issued under Section 91 of Government of … was executed on  April 26, 1981 and is to expire on April 25, 2001. It is claimed that the lease is not being worked  out