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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 … 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 … Mookerjee, J.1. The petitioner claims that by a registered Kobala. dated August 27, 1967, he purchased 9.28 acres of land appertaining to Plot No. 61

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

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

Court : Supreme Court of India

Subject : Land Acquisition

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 … 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 … 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

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 … III because the Union 26 (1990) 1 SCC109[74]. 27 (1971) 2 SCC23628 (1990) 1 SCC109[75]. 29 On … of the decision in Tika Ramji to the dispute ...... 115 viii. Section 18G of IDRA and Entry 33 of List III .................................... 119 F.

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 … of whom not more than 28 must beofficials .... 33Elected members, .... 27andThe Governor-General .... 1--.... 69--9. The executive government was thus supreme and was

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 … shown in the return as on the last Friday of June, 1969, furnished to the Reserve Bank under Section 27 of the Banking Regulation Act, 1949, were not less than rupees fifty crores'. In the Schedule to the

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 … 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 … is absolute is no more good law is view of the subsequent developments on the interpretation of Part III of the Constitution. 164 “25 […]. … 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 … INDIA CIVIL ORIGINAL JURISDICTION Writ Petition (C) No 274 of 2009 IN RE : SECTION6 OF THE

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 … List, but no such courts have been constituted. 27. Sovereignty in executive matters of the Union is … referred to as the Act - enacted by the Parliament, and particularly Sections 4 and 7 thereof, were ultra vires the legislative competence of Parliament,

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 … lease for Andhra Phosphates (P) Ltd was granted to an extent of 271.544 hectares in  Y.Seetharampram, Veduruvada Reserved Forest on March 23, 1957 for 20

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 … is that they knew nothing about this before March 1959. On March 27, 1962 a notice under Section 12(2) of the Land Acquisition Act 1894