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Amar Singh Modi Lal Vs. State of Haryana and ors.

Court : Punjab and Haryana

Subject : Commercial

Acts : Mines and Minerals (Regulation and Development) Act, 1957 - Sections 3; ;C.P. and Berar Sales Tax Act, 1947 - Sections 6(1); Punjab Minor Minerals Concession Rules, 1964; Constitution of India - Articles 226 and 227

Reported in : AIR1972P& H356

by virtue of Entry No. 36 in List I of the Seventh Schedule of the Government of India Act, 1935, which is in the following terms:--'Regulation of mines and oil fields and mineral development to the extent to … placed on behalf of the petitioners are clearly distinguishable. State of West Bengal v. Jagadamba Prasad Singh, AIR 1969 Cal 281, was confined to a … 436, dated the 1st of June, 1958, issue under Section 3(e) of the Mines and Minerals (Regulation & Development) Act, 1957, is the important and slightly intricate question which primarily calls for determination in these two connected Civil

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 … expedient in public interest was included in Item 36 of List I. Such regulation of mines and … 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

Nagpur District Central Co-operative Bank Ltd. and anr. Vs. Divisional ...

Court : Mumbai

Subject : Trusts and Societies

Acts : Constitution of India - Article 246; Maharashtra Co-operative Societies Act, 1960 - Sections 2(6), 2(7), 2(10), 43, 43(2), 44, 45, 78, 165(1) and 165(2); Reserve Bank of India Act, 1934; Banking Regulation Act, 1949; Banking Laws (Application to Co-operative Societies) Act, 1965; Code of Civil Procedure (CPC), 1908 - Order 22; Banking Companies Act, 1949 - Sections 5(1); Maharashtra Co-operative Societies Rules, 1961 - Rules 38, 39, 40, 41, 42, 43, 44, 45, 46 and 47; Government of India Act, 1935; Banking Regulation (Amendment) Act, 1965; Banking Laws (Amendment) Act, 1968; Mines and Minerals (Regulation and Development) Act, 1957; Bengal Moneylenders Act - Sections 30 and 36

Reported in : AIR1971Bom365

Bengal Moneylenders Act was challenged as it would constitute a serious interference with the conduct of banking business. Section 36 provided for the reopening of decrees on pronotes. It was urged there that the promissory notes were excluded … the State of Orissa while the Central Act No. 53 of 1948 namely. Mines and Minerals (Regulation and Development) Act, 1957 was in existence. The following observations from paragraph 5 would be useful. 'It does not need much … a pre-Constitution Act and was enacted under the Legislative powers given to it under the Government of India Act, 1935. This Act has further been amended and it is now known as the Banking Regulation Act, 1949. The

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

Court : Supreme Court of India

Subject : Land Acquisition

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 … 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 … 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

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 … to carry on diverse business activities beside banking. Similarly the Banks subsidiary to the State Bank were by Section 36 of Act 38 of 1959 to act as agents of the State Bank, and also to carry on

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, … officers or authorities thereof : Art. 258(2). Art. 365 authorises the President to hold that a situation

In Re: the Delhi Laws Act, 1912, the Ajmer-merwara (Extension of Laws) ...

Court : Supreme Court of India

Subject : Constitution

Acts : Code of Criminal Procedure (CrPC) , 1898 - Sections 445

Reported in : [1951]2SCR747; AIR 1951 SC 332

Every such notification shall specify the boundaries of the territories to which it applies.' 16. The Lieutenant-Governor of Bengal issued a notification in exercise of the power conferred on him by section 9 and extended the provisions … the question in respect of the three main stages in the constitutional development of India. The first covers the legislative powers of the Indian Legislature … legislative powers between the center and the Provinces. That was brought about only by the Government of India Act, 1935. Section 94 of that Act enumerates the Chief Commissioner's Provinces. They include the Provinces of Delhi and Ajmer-Merwara. Under … I shall very briefly notice the position according to the U.S.A. Constitution. 36. In Crawford on Statutory Construction, it is stated as follows : 'So

Property Owners Association Vs. State Of Maharashtra .

Court : Supreme Court of India

Subject : Land Acquisition

reference.34. Further, several intervenors before this Court, including the State of West Bengal are parties to a pending batch of appeals before this Court relating … Page 8 of 193 PART A8 Accordingly, the state legislature of Maharashtra enacted the Maharashtra Housing and Area Development Act 1976,4 which received the assent of the President on 25 April 1977. The long title stipulates that it … legislature including a State Legislature, to amend the Constitution in important respects. 36 Ibid [417].-[429]. (Sikri CJ); [599].-[605]. (Shelat and Grover JJ); [726].-[735]. (Hedge and … it had not secured the assent of the Governor General under Section 107 of the Government of India Act, 1935.59 After the High Court declared the amendment as void, a question arose before this Court as to whether

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 … 262,515, 641 and 642 of 1997, 347 and 360 of 1999, 50 and 553 of 2000, 207,

State of Maharashtra Vs. Kusum Charudutt Bharma Upadhye

Court : Mumbai

Subject : Civil

Reported in : (1981)83BOMLR75; 1981MhLJ93

Jebb v. Lefevre Clarke's Addl. Cases 56, 58, s.c., and by Lord Kingsdown in The Advocate General of Bengal v. Ranee Surnomoye Dossee 9 Moore's I.A. 426.21. In the same year in which the said Letters Patent … the Letters Patent. On the repeal of the Government of India Act, 1915, by the Government of India Act, 1935, by reason of the provisions of Sub-section (1) of Section 38 of the Interpretation Act, 1889, which corresponds … and, finding that the prerogative writs, which the Courts in England had developed and used whenever urgent necessity demanded immediate and decisive interposition, were peculiarly … shall be a High Court, the term which is denned in Article 366(14), Article 215 declares that such High Court shall be a Court of