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Vst Distribution, Storage and Vs. State of West Bengal and ors.

Court : Sales Tax Tribunal STT West Bengal

Subject : Land Acquisition

Reported in : (2000)118STC515Tribunal

1. This application under Section 8 of the West Bengal Taxation Tribunal Act, 1987, enacted under Article 423-B of the Constitution of … by the States and the Centre at a meeting of the National Development Council held in December, 1956 that sales tax levied by the States … independent sources of taxation to the Union and the States. Following the scheme of the Government of India Act, 1935, the Constitution has made the taxing power of the Union and of the States mutually exclusive and thus … as export and import of tobacco and its products. Chapter VI, the last one, lays down miscellaneous provisions. Section 32 under Chapter VI incorporates the rule-making power. There is nothing in the whole of the Act, particularly in

Kommuru Krishnamurthy Vs. the State of Andhra Pradesh

Court : Andhra Pradesh

Subject : Constitution

Acts : Constitution of India - Article 300

Reported in : AIR1961AP283

India. Act 1915 in its section 32 has made such a provision but also the Government of India Act 1935 in its See. 176(1) which reads thus :-'(1) The Federation may sue or be sued bythe name of … as submitted to their jurisdiction, This is how, as observed by the Privy Council in Advocate General of Bengal v. Rani Surnomoyee Dossee, (1863) 9 Moo Ind App 387 at 426, the common law of England was … public policy for it also' tends' to develop with the growth and development of social and political life. Dealing with the idea behind this doctrine,

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 … 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 … oils, i.e., natural gas and petroleum. By Section 32F of 1957 Act the Mines and Minerals (Regulation

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 … M. Hidayatullah, C.J.1. These are five writ petitions under Article 32 of the Constitution 'and three appeals against the decisions of the High … 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

Supreme Court Advocates-On-Record Association and Anr. Vs. Union of In ...

Court : Supreme Court of India

Subject : MRTP

has placed a very heavy reliance on the recent order of this Court dated 30-3-2011 in Mineral Area Development Authority v. SAIL (2011) 4 SCC450 wherein considering the issue of interpretation of the constitutional provisions and validity … was comprised before the fifteenth day of August, 1947, within India as defined by the Government of India Act, 1935, or has been an advocate of any High Court in any such area, as the case may be. … (consequent upon its notification in the Gazette of India (Extraordinary) Part II, Section 1). Simultaneously therewith, the Parliament enacted the NJAC Act, which also received … | | |III. |Respondents’ Response on Merits. | 67 - 132|253 - 325 | |IV. |The Debate and the Deliberation |133 - 245 |326 -

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 … SCC OnLine SC9[26].; State of Maharashtra v. Bharat Shanti Lal Shah, (2008) 32 PART E with separate and distinct legislative subject matters. By virtue of

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 … 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 … is absolute is no more good law is view of the subsequent developments on the interpretation of Part III of the Constitution. 164 “25 […]. … may become arbitrary over time. In Motor General Traders v. State of Andhra Pradesh202, the constitutional validity of Section 32(b) of the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act 1960 which exempted all buildings built on

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 … Court by filing a writ petition under Article 32of the Constitution, laying challenge to the same cesses

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 … in need of assistance may also be made. 32. It is manifest that the States depend for … 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 … Minerals, respondent No.10 had 48.00 acres in the  reserved forest area and 32 acres in non-reserved forest area. One M. Seetharama Swamy was  granted mining