Advanced Search Results

Association of Natural Gas and ors. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Subject : Constitution

Acts : Constitution of India - Articles 143, 143(1), 226 and 246; ;Gujarat Gas (Regulation of Transmission, Supply and Distribution) Act, 2001 - Sections 2, 8, 9, 23(1), 25, 25(2), 34(1), 34(2), 55(1) and 55(2); Petroleum Act, 1934; Oil Fields (Regulation and Development) Act, 1948; Oil Industry (Development) Act, 1974; Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962; Oil Industry (Development) Act, 1974; Petroleum and Natural Gas Rules, 1959; Industries (Development and Regulation) Act, 1951; Government of India Act, 1935 - Sections 100; ;Mines Act, 1952; Mines and Minerals (Development) Act, 1957; Industries (Development and Regulation) Act, 1957; Bengal Money Lenders Act, 1940; Oriental Gas Company Act, 1960; Liquid Fuel Emergency Act, 1984 - Sec

Reported in : 2004(6)ALD99(SC); (2004)2GLR1413; JT2004(3)SC529; (2004)4SCC489; [2004] 3 SCR 534

submitted that in Calcutta Gas Company (Proprietary) Ltd. v. State of West Bengal and Ors. , the scope and ambit of Entry 25 of List … Petroleum Act, 1934. The Union of India, inter alia, enacted various legislations, namely, The Oil Fields (Regulation and Development) Act, 1948; Oil Industry (Development) Act, 1974; The Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) … of excise, and Entry 18 of List II, taxes on the sale of goods, of Government of India Act, 1935, Sir Maurice Gwyer, C.J., in In re: The Central Provinces and Berar Act No. XIV of 1938 1939 … thereto. The term "Gas" has been defined in the Gujarat Act under Section 2(h) as follows:- "Gas" means a matter in gaseous state which predominantly … Act deals with offences and penalties and Section 34(1) and (2) states that whoever Carries on business

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 … only. In this view of the matter our reliance on Maps B32, 34, 35, 36 and 37 became ineffective. The disputed area was about 3,500 … 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

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 … (C) Nos. 262,515, 641 and 642 of 1997, 347 and 360 of 1999, 50 and 553 of

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 … are passed by the Legislature of the State. 34. The normal corporate existence of States entitles them … referred to as the Act - enacted by the Parliament, and particularly Sections 4 and 7 thereof, were ultra vires the legislative competence of Parliament,

Jayant Verma . Vs. Union of India

Court : Supreme Court of India

Subject : Land Acquisition

ultimately found that, on a proper reading of the entries concerned, there would be no clash between the Bengal Money Lenders Act, 1940, which was referable to the 17 State List, and the Federal entries dealing with … like to read an extract from the People's Plan 59 for Economic Development of India, which runs as follows:“The other problem that will have to … for both parties, it is necessary to first set out the relevant provisions of the Government of India Act, 1935 and the Constitution. “Government of India Act, 1935 List I- Federal Legislative List 38. Banking, that is to … a nature enumerated or described in this sub-section; 34 (n) doing all such other things as are … Article 32 of the Constitution of India, assails the constitutional validity of Section 21A of the Banking Regulation Act, 1949. The aforesaid section was introduced

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

v. R.V. Bidap : (1973)IILLJ418SC and in the case of Fagu Shaw etc. v. The State of West Bengal : 1974CriLJ486 .Now the accepted view of Courts is that reports or Constituent Assembly debate can legitimately be … 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 … following point of difference to third Judge for opinion:'Whether by virtue of Section 18G of the Industrial (Development and Regulation) Act, 1951, the State Legislature … India and not under Entry Nos. 33 and 34 of List III of the Seventh Schedule of

Ram Dhani Singh Vs. Collector Sonbhadra and Others

Court : Allahabad

Subject : Property

Acts : Shaktinagar, Special Area Development Authority (Cess on Mineral Rights) Rules, 1997 - Rules 3 and 3(1), (2) and (3); Uttar Pradesh Special Area Development Authorities Act, 1986 - Sections 2, 3, 4, 5, 6, 7, 7(3), 17 to 50, 51, 52 and 64 to 71; Mines and Minerals (Regulation and Development) Act, 1957 - Sections 2, 8, 9 and 15; Uttar Pradesh Minor Minerals (Concession) Rules, 1963 - Rule 15; Uttar Pradesh Nagar Mahapalika Adhiniyam, 1959; Uttar Pradesh Urban Planning and Development Act, 1973; Madras Panchayats Act - Sections 115; Orissa Cess Act, 1962 - Sections 5(2); Coal Mines Nationalisation Act, 1973; Government of India Act, 1935; Cess and Other Taxes on Minerals (Validation) Act, 1992

Reported in : 2000(2)AWC1761; (2000)2UPLBEC1270

: [1961]2SCR537 , Goodricke Group Ltd. and others v. State of West Bengal and others, 1995 Supp. (1) SCC 707. He also placed reliance on … if included in the master plan or the zonal development plan under the Uttar Pradesh Urban Planning and Development Act, 1973, or any other master plan or development plan under any other Uttar Pradesh Act, shall, with effect … with reference to Entry 49, List II (or the entry corresponding to it in the Government of India Act. 1935) which have upheld levy upon land and building measured on the basis of their yield or income. Only … 'amenity', 'building', 'development', 'regulation', 'rule', 'special development area' have been defined under Section z of the aforesaid Act. Section 3 of the Act permits the … cases. All the provisions under Sections 32 to 34 relate to the manner of betterment charge and

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

Udai Ram Sharma and ors. Etc. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Subject : Property

Acts : Land Acquisition Act, 1894 - Sections 3, 4, 4(1), 5-A, 6 and 6(1), 23 and 48(1); Constitution of India - Articles 14, 31(2), 32, 245 to 250, 252 and 253; Land Acquisition (Amendment) Act, 1967 - Sections 2 and 3; Land Acquisition (Amendment) Ordinance, 1967 - Sections 5; Defence of India Act - Sections 16; Indian High Courts Act - Sections 4 and 9

Reported in : [1968]3SCR41

the ratio of a number of decisions of this Court starting from that of The State of West Bengal v. Mrs. Bela Banerjee(1) to a recent judgment in Union of India v.Kamalabai Harjivandas Parekh and others(2) would … Government at the public expense for a public purpose, namely, the planned development of Delhi. As already noted, there were several notifications under s. 6 … view that the Act was contrary to the provisions of s. 292 of the Gov- ernment of India Act, 1935 because it amounted to an attempt to legislate retrospectively. Section 2 of the Act of 1938 provided that … of these cases dated November 13, 1959 covered an area of Ac. 34,070-00 marked as blocks Nos. A to T and X in a map