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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

Paschim Banga Malbahi Cycle Mazdoor Union and ors. Vs. Commissioner of ...

Court : Kolkata

Subject : Constitution

Acts : West Bengal Calcutta and Suburban Police (Amendment) Act, 1948 - Sections 2 and 3; ;Government of India Act, 1935 - Section 299; ;Calcutta Suburban Police Act, 1866 - Sections 38A and 61A; ;Constitution of India - Articles 14, 15, 19, 19(1), 31, 31(2), 31(2A), 245, 366(10) and 374(2); ;Calcutta Municipal Act, 1959 - Section 610

Reported in : AIR1961Cal125,65CWN213

38A of the Calcutta Suburban Police Act were introduced by the Calcutta and Suburban Police (Amendment) Act (West Bengal Act 35 of 1948) which received the assent of the Governor on 11-11-1948 and published in the Calcutta … itself, suffice to affirm the reasonableness of the particular restriction (vide Mineral Development Ltd. v. State of Bihar, : [1960]2SCR609 ), particularly when such 'restriction' … property other than land was given to the State Legislature under Section 299 of the Government of India Act 1935 which was in force at the time when the amendment was made. Mr. Moitra who argued the case … vires the Constitution being in violation of Articles 19(1)(g), 13, 14 and 31 of the Constitution.(2) That the authorities concerned did not give any opportunity

Aswini Kumar Nath Vs. State of West Bengal and ors.

Court : Kolkata

Subject : Constitution

Acts : West Bengal Land Development and Planning Act, 1948 - Sections 4, 5, 6, 7 and 8; ; West Bengal Land Development and Planning Rules - Rules 5; ; Constitution of India - Articles 14, 19, 31, 31(2) and 246; ;Government of India Act, 1935

Reported in : AIR1952Cal679

to be invalid.4. It was contended by the learned Advocate for the petitioner that the West Bengal Land Development Act is ultra vires in so far as it purported to acquire lands for settlement of immigrants. According to … L. Dev. dated the 16th November, 1950, purported to be made under Section 4 of the West Bengal Land Development and Planning Act and another … the Constitution. The entry which dealt with the question of aliens and immigration in the Government of India Act, 1935, was also Entry No. 17 in List (1) of the 7th schedule but that entry also relates to … the 14th May 1951 and published in the Calcutta Gazette of the 31st May 1951.This subsequent declaration dated 14th May is stated to be in

Union of India Vs. Mohinder Kaur

Court : Delhi

Subject : Property

Acts : Constitution of India - Article 31(5); Resettlement of Displaced Persons (Land Acquisition) Act, 1948 - Sections 7

Reported in : ILR1969Delhi1154

1955. In Bela Banerjee's case section 8 of the West Bengal Land Development and Planning Act, 1948, was attacked. This section made the declaration of … which decided Mongol Sen's case relied upon the Supreme Court decisions in the case of State of West Bengal v. Mrs. Bela Banerjee (2); P. Vajravelu Mudaliar v. Special Duty Collector, Madras, and another (3) and N. … come to the conclusion that the two provisos were repugnant to section 299(2) of the Government of India Act, 1935, and were void. Being void, they were nto 'existing law' within the meaning of clause (5) of Article … decided by Mr. K. S. Sidhu, who gave his award on December 31, 1960. He determined the compensation under the second proviso to clause (e)

Deputy Commissioner and Collector, Kamrup and ors. Vs. Durga Nath Sarm ...

Court : Supreme Court of India

Subject : Property

Acts : Assam Acquisition of Land for Flood Control and Prevention of Erosion Ordinance, 1955 - Sections 2, 4, 4(1), 5, 6(1), 6(2) and 17; Land Acquisition Act; Assam Acquisition of Land for Flood Control and Prevention of Erosion (Validation) Act, 1959; Constitution of India - Articles 14, 19(1), 19(2), 31, 31A, 31(2), 31(5), 301 and 254(2); Madras Marumakkathayam (Removal of Doubts) Act, 1955; Government of India Act, 1935; Constitution (Fourth Amendment) Act; Assam Embankment and Drainage Act, 1941; West Bengal Land Development and Planning Act, 1948; Madras Electricity Supply Undertakings (Acquisition) Act, 1954; Land Acquisition Act, 1894

Reported in : AIR1968SC394; [1968]1SCR561

this article or has contravened the provisions of sub-section (2) of section 209 of the Government of India Act, 1935.' 21. Clauses (1) and (2) of Art. 31 were limitations on the executive and the legislative powers of … property without payments of compensation. 18. We shall now examine our earlier decisions in The State of West Bengal v. Subodh Gopal Bose and others : [1954]1SCR587 and Dwarkadas Shrinivas of Bombay v. The Sholapur Spinning and … passed enabling the State Government to acquire lands for works or other development measures in connection with flood control or prevention of erosion. The Ordinance

State of Kerala and Others Vs. fr.william Fernandez Etc Etc

Court : Supreme Court of India

Subject : Right to Information

Uttarakhand Tax on Entry of Goods into Local Areas Act, 2009 and further Section 2(1)(h) of the West Bengal Tax on Entry of Goods into Local Area Act, 2012 where any place outside India is specifically mentioned. … a local area for consumption, use or therein for the purpose of development of commerce and industry in the State, at trade, such rate, not … the said tax. The tax refers to in Entry 49 of Provincial List under the Government of India Act, 1935 and Entry 52 of List II under the Constitution is ‘octroi’, which have been prior thereto, was levied … List II can have no application in respect of goods, imported from 31 outside India which continues to be imported goods in the course of

State of Orissa Vs. Satyabadi Panda and ors.

Court : Orissa

Subject : Constitution

Acts : Constitution of India - Articles 13(1), 31(2) and 366(10); Constitution of India (Amendment) Act, 1955; Orissa (Development of Industries, Irrigation, Agriculture, Capital Construction, Resettlement of Displaced Persons) Land Acquisition Act, 1948 - Sections 7 and 7(1); Government of India Act, 1935 - Sections 299 and 299(2)

Reported in : AIR1961Ori196

Division Bench were influenced mainly by the principles laid down by the Supreme Court in State of West Bengal v. Mrs. Bela Banerjee, AIR 1954 SC 170. 4. On the 27th April 1955, the Parliament passed the … validity of its provisions should, therefore, be judged with reference to the provisions of the Government of India Act, 1935 (as adapted) which was then in force. Assuming that the Act wasvalid under the provisions of the Government … pre-Constitution laws this decision contains the seed of the doctrine of eclipse developed by my Lord the Chief Justice in (S) AIR 1955 S. C. … of lands for the Hirakud Dam Project and some other specified projects. Section 7 of the Act dealt with the method of determining the compensation … this proviso to be unconstitutional as offending Article 31(2) of the Constitution as it stood then. That

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, … Individuals and Corporations have the guarantee under Art. 31(2) of the Constitution that acquisition of their property

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 … law is in accord with the principles of equality and non-discrimination. Any 31 Constituent Assembly Debates, Vol. 11 (25 November 1949). [Dr. B R Ambedkar

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 … modification of Article 5(b) of the Draft Constitution. 31 “West Pakistan Ordinance” 32 Pakistan also enacted a … 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