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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 … the accepted meaning attached thereto whereby 'minor minerals' already included these substances. Equally significant is the fact that Section 29 continued the existing rules i.e. including the Mineral Concession Rules, 1949 and is in the following terms:--'Existing rules

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 … fields relating to mines and minerals........................ 24 E. Underlying constitutional philosophy .................................................................. 29 i. Scheme of distribution of legislative powers and constitutional limitations 29 ii.

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 … 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

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 … Planning Committee set up under the Land Development and Planning Act.' Item 29 runs thus:'All cases relating to land acquisition by companies or industrial concerns … 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,

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 … enclaves took place also. This is known as the Indo-Pakistan Agreement. Section 290 of the Government of India Act 1935 had provided that His Majesty … 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

W.B. Housing Board and ors. Vs. Brijendra Prasad Gupta and ors.

Court : Supreme Court of India

Subject : Property

Acts : West Bengal Land (Requisition and Acquisition) Act, 1948 - Sections 3, 3(1), 3(2) and 4; West Bengal Land Reforms Act, 1955 - Sections 3 and 50; Constitution of India - Article 136; West Bengal Housing Board Act, 1972 - Sections 2(12A), 17, 27A and 29

Reported in : JT1997(6)SC169; 1997(4)SCALE590; (1997)6SCC207

Housing Board, State of West Bengal and others and Bengal Peerless Housing Development Company Ltd. have filed separate appeals before this Court.7. Admittedly, names of … aside the requisition and subsequent acquisition of the certain piece of land under the provisions of the West Bengal Land (Requisition and Acquisition) Act, 1948 (for short 'the Act') as amended from time to time. The impugned … correctness Of the record-of-rights. As noted above mutation was effected in September 1935. the Division Bench has observed that the Collector would have been aware … under Sub-section (2) of Section 4 of the Act. By a subsequent notification dated December 8,1994 made under Section 29(1) of the Housing Board Act the State Government transferred 11 acres of land which included land measuring 1.82

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 … 60 iv. Section 6A does not violate Article 29(1) of the Constitution ............. 68 v. Section 6A(3)

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 … referred to as the Act - enacted by the Parliament, and particularly Sections 4 and 7 thereof, were ultra vires the legislative competence of Parliament, … a Union of States. By virtue of Art. 294 of the Constitution, all property and assets in

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; … 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 … of 1993and 7614 of 1994 and C.A. Nos. 297, 298 and 299 of 2004 (Arising out of

S.R. Bommai and Others Etc. Etc. Vs. Union of India and Others Etc. Et ...

Court : Supreme Court of India

Subject : Constitution

Acts : Constitution of India - Articles 1, 2, 5, 9, 14, 15, 16, 19, 25, 26, 27, 28, 29, 30, 32, 40, 44, 48, 51A, 53(1), 54, 58(2), 73, 74(1), 77(3), 80, 85, 100, 131, 141 142, 143, 150, 159, 162, 164(1), 168, 174(2), 200, 201, 226, 227, 245 to 254, 256, 257, 258A, 268 to 273, 275, 277A, 278, 282, 312, 324, 329, 339, 344, 346, 347, 352 to 360, 361, 365, 368 and 371C; Government of India Act, 1935 - Sections 10(4), 45, 51(4), and 93; Commissions of Inquiry Act, 1952 - Sections 3; Companies Act, 1956 - Sections 237; Defense of India Rules, 1971 - Rule 114(2); Government of India Act, 1915 - Sections 52(3); States Reorganisation Act, 1956; Unlawful Activities (Prevention) Act, 1967; Oath's Act, 1966; The Government of India (Transaction of Business) Rules, 1961; Federation Parliament passed

Reported in : AIR1994SC1918; JT1994(2)SC215; 1994(2)SCALE37; (1994)3SCC1; [1994]2SCR644

federalism because such a power exists in indisputably federal constitutions. Deb Sadhan Roy v. The State of West Bengal : 1973CriLJ446 has established that internal violence would ordinarily interfere with the powers of the Federal Government to … the three grounds evolved till then did not rule out that 'further development on a case by case basis may not in course of time … thrown by its history. Identical provisions were contained in Sections 10[4] and 51[4] of the Government of India Act, 1935. However, in the Government of India Act, 1915, as amended by the Act of 1919 it was provided … an order was issued on behalf of the Company Law Board under Section 237(b) of the Companies Act appointing four Inspectors to investigate the affairs … of the President dissolving the National Assembly on 29.5.1988 was in accordance with the powers conferred on