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Oil India Ltd. Vs. State of Assam and ors.

Court : Guwahati

Subject : Other TaxesConstitution

Acts : Assam Taxation (on Specified Lands) (Amendment) Act, 2004; Assam Taxation (on Specified Lands) Act, 1990 - Sections 3, 4, 5 and 6; Oil Fields (Regulation and Development) Act, 1948; Government of India Act, 1935; Mines and Minerals (Regulation and Development) Act, 1948 - Sections 5, 6 and 6(2); Mines and Minerals (Regulation and Development) Act, 1957 - Sections 3, 9 and 32; Oil Industry (Development) Act, 1974; West Bengal Primary Education Act, 1973; West Bengal Rural Employment of Production (Amendment) Act, 1976; West Bengal Taxation Laws (2nd Amendment) Act, 1989; Tea Act, 1953; Cess Act, 1860; Petroleum and Natural Gas Rules, 1959 - Rules 4 and 13; Constitution of India - Articles 14, 32 and 301;

consideration of the Court is Goodricke Group Ltd. v. State of West Bengal (1995) Supp. (1) SCC 707. By the West Bengal Primary Education Act, … Legislature being subject to the power of the Union Legislature under Entry 54.The Mines and Minerals (Regulation and Development) Act, 1948 for regulations of mines and oil fields and for the development of minerals was enacted by the … to the Seventh Schedule to the Constitution and the peri materia provisions contained under the Government of India Act, 1935 and the several legislations framed in this regard from time to time as well as several leading pronouncements … for purposes ancillary thereto as well as any land held for the purposes of obtaining or extracting coal. Section 3, which is the charging section, empowers and authorises the levy of a tax in respect of specified lands

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

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 … with certain modifications impair his rights guaranteed under Articles 14, 19 and 31 of the Constitution, and are on that account invalid.2. In India there

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 … behalf of Kuldip Singh, J. and himself. Article 356 has a vital bearing on the democratic parliamentary

New Delhi Municipal Committee Vs. State of Punjab, Etc. Etc.

Court : Supreme Court of India

Subject : Municipal TaxConstitution

Acts : Constitution of India - Articles 54, 133, 142, 239, 240, 241, 242, 243, 244, 245 ot 255, 256 to 263, 285, 289(1), 357, 367 and 372; Punjab Municipal Act, 1911 - Sections 61; Delhi Municipal Corporation Act, 1957; New Delhi Municipal Council Act, 1994 - Sections 60, 62 and 119; Government of India Act, 1935 - Sections 5, 6, 94, 99, 100, 104, 154, 155(1) and 311(1); General Clauses Act, 1897 - Sections 3(58); Sea Customs Act, 1878 - Sections 20; Central Excises Act, 1944 - Sections 3; Government of India Act, 1919; Government of Part C States Act, 1951 - Sections 21, 22 and 38(22); Reorganisation Act, 1956; Union Territory by the Punjab (Reorganisation) Act, 1966; Government of Union Territories Act, 1963; State of Himachal Pradesh Act, 1970; North-Eastern Areas (Reorganisation) Ac

Reported in : AIR1997SC2847; JT1997(1)SC40; 1996(9)SCALE613; (1997)7SCC339; [1996]Supp10SCR472

& Kashmir, Kerala, Madhya Pradesh, Maharashtra, Orissa, Punjab, Rajasthan, Tripura and West Bengal. The Municipal Corporation of Delhi (hereinafter called 'the MCD') appears as an … Parliament by law to be expedient in the public interest') and to the Mines and Minerals (Regulation & Development) Act, 1956 which together empower Parliament to levy taxes on mines and minerals which would be in the nature … and the object underlying it.44. Since Article 289 is successor to Section 155 of the Government of India Act, 1935-no doubt, with certain changes-it would be helpful to refer to and examine the purport and scope of Section … of Legislative Assemblies for the Union territories mentioned in Article 239-A and the extent of their legislative power. Section 3(1) declared that 'there shall be a Legislative Assembly for each Union territory' whereas Section 18(1) provided that 'subject

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 … grant of prospecting licences and mining leases in respect of minor minerals and for purposes connected therewith. Under Section 3(e) of the Mines and Minerals (Regulation and Development) Act, 1957 'minor minerals' mean building stones, gravel, ordinary clay,

The Saraswat Co-operative Bank Limited and ors. Vs. P.G. Koranne and o ...

Court : Mumbai

Subject : Trusts and SocietiesConstitution

Acts : Maharashtra Co-operative Societies Act, 1961 - Sections 14 and 73BB; Constitution of India - Articles 14, 19(1), 245 and 246; Banking Regulation Act, 1949 - Sections 34A; Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 - Sections 3(13); Maharashtra Co-operative Societies Act, 1980

Reported in : AIR1983Bom317; (1983)85BOMLR134

for the time being, form part of British India. The Lieutenant-Governor of Bengal, by notification published in the Calcutta Gazette, fixed the date on which … Official Gazette, from time to time, District Central Co-operative Banks; Primary Land Development Banks; District Co-operative Sale and Purchase Organisations; Taluka Cooperative Sale and Purchase … Moneylenders Act fell within Entry 27 in List II of the Seventh Schedule to the Government of India Act, 1935, which was 'money-lending', in respect of which the provincial legislature was competent to legislate, or whether it fell … in certain cases and to prohibit the advertisement for certain purposes of remedies alleged to possess magic qualities. Section 3 of that Act prohibited every person from taking any part in the publication of any advertisement referring to

West Bengal Settlement Kanungoe Co-operative Credit Society Ltd. Vs. M ...

Court : Kolkata

Subject : Constitution

Acts : Constitution of India - Articles 19(1), 19(5) and 31(2); ; West Bengal Land Development and Planning Act, 1948 - Section 8

Reported in : AIR1952Cal554,55CWN778

The suits arose out of acquisitions of property made by the West Bengal Government under the West Bengal Land Development and Planning Act, 1948. It … was addressed to the Court that the Ordinance was 'ultra vires' any provision of the Government of India Act,. 1935 and, as I have said, the order was made before the Constitution was passed.20. It does not appear … v. K.S. ADVANI', (1950) SCR 621. In that case the Supreme Court had to construe the words of Section 3 of the Bombay Land Requisition Ordinance (V (5) of 1947) which provided that if in the opinion of

Jitendra Nath Mukherjee Vs. Commissioners of Baduria Municipality and ...

Court : Kolkata

Subject : Civil

Acts : Court-fees Act, 1870 - Sections 7 and 8C; ;Bengal Municipal Act, 1932 - Section 103; ;Code of Criminal Procedure (CrPC) , 1898 - Section 144; ;Mulla's Transfer of Property Act; ;Transfer of Property Act, 1882 - Sections 53A and 105

Reported in : AIR1967Cal423

behind such law; the principle of public interest. Take Section 175, Sub-section (3), of the Government of India Act, 1935. No consequences are laid down there for its non-compliance. Still its provision was considered as mandatory on the … that too without the common seal, infracting thereby the mandatory provisions of Section 103, Subsection (2), of the Bengal Municipal Act, 15 of 1932, by virtue of which the minimum requirement, amongst others, is twofold. One, every … too.28. I now reach the third point listed in paragraph 13 ante. Developing this point, Mr. Chittatosh Mookerjee argues:Even assuming that Section 103 of the

Ajay Dubey, and ors. Vs. the State of Madhya Pradesh, and ors.

Court : Madhya Pradesh Jabalpur

Subject : Commercial

Acts : Madhya Pradesh Minor Minerals Rules, 1996 - Rules 49, 2(22) 49(1), 45, 46 ; Environmental (Protection) Act, 1986 ; Mines and Minerals (Development and Regulation) Act, 1957 - Sections 13, 15(1A), 18 ;

the expression "enactment" as under:-"(19) "enactment" shall include a Regulation (as hereinafter defined) and any Regulation of the Bengal, Madras or Bombay Code, and shall also include any provision contained in any Act or in any such … and Minerals (Development and Regulation) Act, 1957 (hereinafter referred to as 'MMDR Act' ) and Mineral Conservation and Development Rules, 1988 (hereinafter referred to as '1988 Rules' ) is ultra vires besides being discriminatory as it is … mine for special consideration and, thus, the same being in violation of Sections 13, 15(1A) and 18 of the Mines and Minerals (Development and Regulation) … the Government of India Act, 1915, or the Government of India Act, 1935."Thus, if Rule 49 of the 1996 Rules which has been framed by … The petitioner was further informed that out of 315 mines, 108 mines are being run without obtaining