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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

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 … legislative powers and constitutional limitations 29 ii. Interpretation of legislative entries ................................................................... 35 iii. Fiscal Federalism ................................................................................................ 41 iv. Natural resources and the public trust

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; … Act received the assent of thePresident of India on 19.3.1986 and was published in U.P. Gazette of thatday. Section 35 of the Act provides as under :"35. Cess on mineral rights.-(1) Subject to any limitations imposed by Parliament … 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

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

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 … relate to the manner of betterment charge and its payment, Additional Stamp duty on certain transfers of property. Section 35, thereafter, provides Cess on mineral rights, which for ready reference is quoted below :'35. Cess on mineral rights.--(1)

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 … property owned by the State for governmental purpose. 35. The Parliamentary power of legislation to acquire property … referred to as the Act - enacted by the Parliament, and particularly Sections 4 and 7 thereof, were ultra vires the legislative competence of Parliament,

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 … 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 … about 10,000 pages of minutes and Verbatim Records were made and about 350 maps were exhibited.7. At an early stage in the hearing Pakistan raised

Muthuraman Elementary School Committee and anr. Vs. Noble Raj J. and a ...

Court : Chennai

Subject : Civil

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 60 - Order 21, Rule 46

Reported in : AIR1975Mad19

Side under Cl. 13 Letters Patent to transfer a particular suit in a Subordinate Judge's Court in West Bengal to the High Court to be tried in its extraordinary original civil jurisdiction. The application was granted by … Letters Patent presumably had this distinction before them. But, by a subsequent development of the case-law, 'judgment' came to be synonymous with a 'decree' but … question was whether an appeal lay to the Federal Court under S. 205(1) of the Government of India Act, 1935, in the particular case. The provision ran:"An appeal shall lie to the Federal Court from any judgment, decree, … think the decision may be a judgment for the purposes of the section though it does not affect the merits of the suit or proceeding … Manohar Damodar v. Baliram Ganpat, AIR 1952 Nag 357 (FB). He has also referred to the history

L.C.T.L.P.L. Palaniappa Chettiar and ors. Vs. M.R. Krishnamurthy Chett ...

Court : Chennai

Subject : Civil

Acts : Arbitration Act - Sections 39(1); Limitation Act - Sections 3 and 5; Madras Court-fees and Suits Valuation Act, 1955; Code of Civil Procedure (CPC), 1908 - Sections 115, 149 and 300 - Order XII, Rule 9 - Order 23, Rules 1 and 2 - Order XLI, Rules 1 and 5; Government of India Act, 1935 - Sections 205(1)

Reported in : AIR1968Mad1

Side under Cl. 13 Letters Patent to transfer a particular suit in a Subordinate Judge's Court in West Bengal to the High Court to be tried in its extraordinary original civil jurisdiction. The application was granted by … Letters Patent presumably had this distinction before them. But, by a subsequent development of the case-law, 'judgment' came to be synonymous with a 'decree' but … question was whether an appeal lay to the Federal Court under S. 205(1) of the Government of India Act, 1935, in the particular case. The provision ran:"An appeal shall lie to the Federal Court from any judgment, decree, … think the decision may be a judgment for the purposes of the section though it does not affect the merits of the suit or proceeding … Manohar Damodar v. Baliram Ganpat, AIR 1952 Nag 357 (FB). He has also referred to the history

Oberoi Constructions Private Limited a Company Registered Under the Co ...

Court : Mumbai

Subject : Environment

Acts : Aircrafts Act; Bombay Municipal Corporation Act 1888 - Sections 354A; Bombay Town Planning Act, 1954 - Sections 3(1), 4(1), 9 and 10(1); Cantonment Act, 1910; Code of Civil Procedure (CPC) - Order 5; Constitution (42nd Amendment) Act, 1976 - Sections 57; Constitution of India - Articles 14, 21, 48A, 51A, 141, 226, 227, 245, 246, 246(1), 300A and 372(1); Development Control Regulations, 1991;Evidence Act - Sections 114; Forest Act, 1865 - Sections 34A and 38; Forest Act, 1878; Forest Conservation Act, 1980; Government of India Act 1935; Greater Bombay Laws and the Bombay High Court (Declaration of Limits) Act, 1945; Indian Forest Act, 1927 - Sections 1, 2, 2A, 3 to 26, 34., 34A, 35, 35(1), 35(3), 35(4), 36, 36A, 36B, 36C, 37 and 38; Land Acquisition Act, 1894 - Sections 11A; Limitat

Reported in : 2008(3)ALLMR546; 2008(3)BomCR408; (2008)110BOMLR951

policy to maintain ecological balance and hygienic environment. In State of West Bengal v. Sujeet Kumar Rana : AIR2004SC1851 Article 51A(g) was read together with … It is their case that the user was in conformity with the Development Plan of 1967 and revised Development Plan of 1991 which have been … resources could be exposed to exploitation. Then began the Pre-constitutional era after framing of the Government of India Act 1935. It placed the subject of forest in the Provincial list. That paved the way for the State Governments … are more particularly described in the individual petitions. The action proceeds on the basis that once notice under Section 35(3) of the Indian Forest Act, 1927, hereinafter referred to as '1927 Act', is issued, any land in respect