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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

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 … 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 … within the expression 'banking'. The Acts enacted after the Banking Regulation Act, 1949, also support that inference. under Section 33 of the State Bank of India Act, 1955, the State Bank is entitled to carry on diverse business

Pushraj Puranmull and anr. Vs. N. Roy and ors.

Court : Kolkata

Subject : Constitution

Acts : West Bengal Relief Undertakings (Special Provisions) Act, 1972 - Sections 3, 4, 8, 8(1) and 8(2); ;Constitution of India - Article 246

Reported in : AIR1978Cal215,82CWN350

Sankar Prasad Mitra, C.J.1. In this application under Article 226 of the Constitution the validity of the West Bengal Relief Undertakings (Special Provisions) Act, 1972 has been challenged. The petitioner asks for a declaration that the Act … connection. Item No. 23 in List III is 'social security and social insurance: employment and unemployment'. Item No. 33 is 'trade and commerce in, and … the divided jurisdictions under lists I, II and III of the seventh schedule to the Government of India Act, 1935, it was not possible to make a clean cut between the powers of the various legislatures. According to … first Notification the State Government in the exercise of power conferred by Section 3 of the Act declared Messrs. Nafar Chandra Jute Mills Ltd. to

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 … 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 … inter-State rivers (Entry 56), to the new Entry 33 in the Concurrent List to which it is … referred to as the Act - enacted by the Parliament, and particularly Sections 4 and 7 thereof, were ultra vires the legislative competence of Parliament,

Mineral Area Development Authority Etc. Vs. M/s Steel Authority Of Ind ...

Court : Supreme Court of India

Subject : Land Acquisition

30 Offshore Holdings (P) Ltd. v. Bangalore Development Authority, (2011) 3 SCC139[99]. 33 PART E and substance appears to fall exclusively under one list and … 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

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 … v. BodderPaidenna & Sons - AIR 1942 FC 33)6. In the event of a dispute arising it

Tata Sky Limited, Mumbai and Others Vs. the State of Tamil Nadu Throug ...

Court : Chennai

Subject : Service Tax

particular reference to the decision reported in (2005) 3 SCC 711: [2005] 140 STC 154 (State of West Bengal Vs. Purvi Communication (P) Ltd.), the petitioners further contend that the above decision by the Apex Court was … pay a percentage on gross collection and based on theatre location. 26. Development of technology made its entry in the field of providing entertainment in … of India. However, it must be pointed out herein that the provisions of the Tamil Nadu Entertainments Tax Act, 1935, in Section 4-I are not in pari materia with the other States' legislation. Considering the fact that the … and on the field of taxation, the State pointed out to Entries 33 and 62 of List II of VII Schedule to the Constitution 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 … 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, … (see the report of this case in Emperor v Sibnath Banerji and 33-36 (of FCR): (at pp. 93-94 and 89-90 of AIR)). It will appear

State of Gujarat Vs. Shantilal Mangaldas and ors.

Court : Supreme Court of India

Subject : Constitution

Acts : Constitution of India - Articles 14, 19(1), 31, 31(2), 31(2-A) and 31(5); Bombay Town Planning Act, 1955 - Sections 53, 67 and 71; Land Acquisition Act

Reported in : AIR1969SC634; (1970)72BOMLR1; (1969)GLR879(SC); (1969)1SCC509; [1969]3SCR341; MANU/SC/0063/1969

Court in P. Vajravelu Mudaliar v. The Special Deputy Collector, Madras : [1965]1SCR614 , The State of West Bengal v. Mrs. Bela Banerjee and Ors. : [1954]1SCR558 ; N. B. Jeejeebhoy v. Assistant Collector, Thana Prant, Thana … of the town: planning legislation are to provide for planned and controlled development and use of land in urban areas. Introduction of the factory system … payment of compensation by the State for compulsory acquisition of property.33. Section 299 of the Government of India Act, 1935, insofar as it is material, provided :(1) No person shall be deprived of his property save by authority

M/S. Shriram Industrial Enterprises Ltd. Vs. the Union of India and Ot ...

Court : Allahabad

Subject : Constitution

Acts : Constitution of India - Articles 2 to 4, 19(1), 133, 133(1), 226, 245 to 254, 246, 246(1), (2) and (3), 301, 366(12), 369; Uttar Pradesh Act, 1964 - Sections 24-A and 24-B; Uttar Pradesh Sheera Niyantran Adhiniyam, 1964 - Sections 7,8 and 10; Industries (Development and Regulation) Act, 1951 - Sections 18G and 184; Parliamentary Act; Allahabad High Court Rules, 1952 - Rules 2 and 3; Civil Procedure (Amendment) Code, 1908 - Sections 2(2) and (9), 28, 33 and 96; Code of Civil Procedure (CPC), 1882 - Sections 575; Molasses Control Order, 1961; Ethyl Alcohol (Price Control) Order, 1971; Uttar Pradesh Molasses Act, 1947; United provinces Molasses (Control) Act, 1947; Government of India Act, 1935; India (Central Government and Legislature) Act, 1946 - Sections 2 and

Reported in : AIR1996All135

in the case of Fagu Shaw etc. v. The State of West Bengal : 1974CriLJ486 .Now the accepted view of Courts is that reports or … the question referred to us it would be appropriate to notice legislative development in resepct of production, use and control of molasses in the State … on the subject trade commerce and production, supply and distribution of the product. Under the Government of India Act 1935, trade and commerce and production, supply and distribution of goods was within the competence of the State. On … all or any of the matters in controversy in the suit and may be either preliminary or final. Section 33 of the Code provides that the Court, after the case has been heard, shall pronounce judgment, and on