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Nagpur District Central Co-operative Bank Ltd. and anr. Vs. Divisional ...

Court : Mumbai

Subject : Trusts and Societies

Acts : Constitution of India - Article 246; Maharashtra Co-operative Societies Act, 1960 - Sections 2(6), 2(7), 2(10), 43, 43(2), 44, 45, 78, 165(1) and 165(2); Reserve Bank of India Act, 1934; Banking Regulation Act, 1949; Banking Laws (Application to Co-operative Societies) Act, 1965; Code of Civil Procedure (CPC), 1908 - Order 22; Banking Companies Act, 1949 - Sections 5(1); Maharashtra Co-operative Societies Rules, 1961 - Rules 38, 39, 40, 41, 42, 43, 44, 45, 46 and 47; Government of India Act, 1935; Banking Regulation (Amendment) Act, 1965; Banking Laws (Amendment) Act, 1968; Mines and Minerals (Regulation and Development) Act, 1957; Bengal Moneylenders Act - Sections 30 and 36

Reported in : AIR1971Bom365

'money-lending' was a State subject under Entry No. 27 of List II. Bengal Legislature enacted the Bengal Moneylenders Act and the question was whether the … the State of Orissa while the Central Act No. 53 of 1948 namely. Mines and Minerals (Regulation and Development) Act, 1957 was in existence. The following observations from paragraph 5 would be useful. 'It does not need much … a pre-Constitution Act and was enacted under the Legislative powers given to it under the Government of India Act, 1935. This Act has further been amended and it is now known as the Banking Regulation Act, 1949. The … provisions of the Moneylenders Act to the promissory notes also it would affect the banks as application of Section 30 and Section 36 will greatly reduce the amount which a bank can recover in execution of decrees obtained

Gulbanu Razack Vs. Assistant Commissioner of Income-tax (investigation ...

Court : Andhra Pradesh

Subject : Direct Taxation

Acts : Income-tax Act, 1961 - Sections 80C, 80L, 132, 132(1), 132(4), 132(4A), 132(5), 132(7), 132(11), 132(12), 132B, 132B(3), 132B(4), 244A, 297 and 297(2); Interest Act, 1978 - Sections 4; ;Indian Contract Act, 1872- Sections 73

Reported in : [1990]186ITR226(AP)

abovesaid decision of the House of Lords was followed by the Privy Council in the well-known case of Bengal Nagpur Railway Co. Ltd. v. Ruttanji Ramji . There, the privy council, after holding that the main part … [1984] 2 All ER 773 . The law was so enunciated under section 30(c) of the Supreme Court Act, 1935 (SA) (the Australian Statute). There, sub-clause 4(e) of section 30(c) is on lines similar to section 4(1) of … the history of the legislation in England and India and certain recent developments in Australia and Canada. 18. The Interest Act, 1839, applicable in India

Vyavasaya Seva Sahakara Sangha Niyamitha and Others Vs. State of Karna ...

Court : Karnataka

Subject : Company

Acts : Karnataka Co-operative Societies Act, 1959; Reserve Bank of India Act, 1934 - Sections 54; Banking Regulation Act, 1949 - Sections 21; Constitution of India

Reported in : [1993]76CompCas278(Kar); ILR1990KAR2080

the question arose as to whether sections 30 and 36 of the Bengal Money Lenders Act were invalid because the said provisions affected the subject … may maintain expert staff to study various aspects of rural credit and development and in particular it may tender expert guidance and assistance to the … the Constitution is equivalent to entry No. 38 of List I, Schedule VII to the Government of India Act, 1935. The Federal Court had occasion to examine the scope of this entry in Bank of Commerce Ltd. v. … Provincial Legislature. Repelling the said contention, the Federal Court held thus (at page 8) : 'The validity of section 30 and 36 of the Act was also impugned on the ground that even these provisions affect the subject

The State of West Bengal Vs. Bon Behari Mondal

Court : Kolkata

Subject : Constitution

Acts : Government of India Act, 1935 - Section 299(2); ;West Bengal Land (Requisition and Acquisition) Act, 1948 - Section 7(1); ;Constitution of India - Article 31(5) and 31(6)

Reported in : AIR1961Cal112,64CWN722

decision was no doubt given with reference to the West Bengal Land Development and Planning Act of 1948. However, the principle laid down there applies … West Bengal Act VIII of 1954, which came into operation on March 30, 1954. By Section 8 of the amending Act, Section 7 of the … the Collector was right in valuing the compensation payable for certain plots of land acquired under the West Bengal Land (Requisition and Acquisition) Act (West Bengal Act II of 1948) in accordance with the provisions of the … Act. 13. At the time when the impugned provision of the Act was enacted, the Government of India Act, 1935 was the Constitution Act in force. Section 299(2) of that Act was as follows:'Neither the Federal nor a

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 … Pakistan. The difference led to open hostilities in April 1965. On June 30, 1965 the two Governments reached an agreement which read :Constitution of the … 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

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 … correctness of the High Court’s decision was assailed before this Court. On 30 March 2011, a Bench of three Judges noticed the divergence between India

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 … contentious of discussions in the Constituent Assembly.15 On 30 May 1947, Mr BN Rau, the 14 Articles … 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

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 … between tax and fee (see (1990) 1 SCC109[69-73]. 30 (1990) 1 SCC109[83]. 31 (1990) 1 SCC109[85]. Page … of the decision in Tika Ramji to the dispute ...... 115 viii. Section 18G of IDRA and Entry 33 of List III .................................... 119 F.

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, … greater weightage in favour of the Union. Article 300 invests the Government of India and the States

The State Of Punjab Vs. Davinder Singh

Court : Supreme Court of India

Subject : Right to Information

Backward Hindus, Brahmins, Harijans, Anglo-Indians, Christians and Muslims.56 In State of Madras v. 52 See State of West Bengal v. Anwar Ali Sarkar, 1952 AIR7553 Chiranjit Lal Chowdhury v. Union of India, 1950 SCC833[38,39]. 54 Chiranjit Lal … of Articles 16, 46 and 335. Laying the groundwork for the jurisprudential development in NM Thomas (supra), the learned Judge observed that the phrase “any … to the Government of India (Scheduled Castes) Order 1936 notified under the 88 PART D Government of India Act 1935.181 It is important to identify the criteria for inclusion of groups or castes in the Scheduled Castes Order … of the Scheduled Castes and Backward Classes and for matters incidental thereto. Section 2(f) defines “Scheduled Castes” as Scheduled Castes notified by the President under … 135 and 169].. 15 Chinnaiah (supra) [Justice Hegde, 30-31].. 13 PART A c. The Scheduled Castes constitute