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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 … from the purview of 36 Jindal Stainless Steel (supra) [120]., [237.5]., [639]. 37 Godfrey Phillips India Ltd. v. State of UP, (2005) 2 SCC515[46]. 36

The State Of Punjab Vs. Davinder Singh

Court : Supreme Court of India

Subject : Right to Information

Backward Hindus, Brahmins, Harijans, Anglo-Indians, Christians and Muslims.56 In State of Madras v. 52 See State of West Bengal v. Anwar Ali Sarkar, 1952 AIR7553 Chiranjit Lal Chowdhury v. Union of India, 1950 SCC833[38,39]. 54 Chiranjit Lal … of Articles 16, 46 and 335. Laying the groundwork for the jurisprudential development in NM Thomas (supra), the learned Judge observed that the phrase “any … in Indra Sawhney (supra) 36 (2020) 8 SCC1[50]. 37 (2020) 8 SCC1[52, 56]. 17 PART B d. … to the Government of India (Scheduled Castes) Order 1936 notified under the 88 PART D Government of India Act 1935.181 It is important to identify the criteria for inclusion of groups or castes in the Scheduled Castes Order … of the Scheduled Castes and Backward Classes and for matters incidental thereto. Section 2(f) defines “Scheduled Castes” as Scheduled Castes notified by the President under

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 … Road, 21 July 2024, https://www.hindustantimes.com/cities/mumbai-news/1-dead-four-hurt-as-portion-of-nearly- 100-year-old-building-collapses-in-grant-road-101721503683871.html; Indian Express, Dongri building collapse: In 37 years, 894 people died in accidents involving MHADA, 17 July 2019, https://indianexpress.com/article/cities/mumbai/dongri-building-collapse-in-37-years-894-people-died-in- … 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

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

institutions engaged in, the Attorney-General invited 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 Sections 36 & 37 of the … 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

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 … the maxim Pacta Sunt Servanda. Indeed the Hague Convention of 1907 (Article 37) contained the rule :Recourse to arbitration implies an engagement to submit loyally … 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

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 … otherwise would be open to the Dominion Parliament.' 37. It is pertinent also to note that under … referred to as the Act - enacted by the Parliament, and particularly Sections 4 and 7 thereof, were ultra vires the legislative competence of Parliament,

Manohar Lal Sharma Vs. the Principle Secretary and Others

Court : Supreme Court of India

Subject : Land Acquisition

and oil fields and for the development of the minerals under entry 36 of the Government of India Act, 1935. It received the assent of the Governor General on 08.09.1948 and came into effect from that date.13. 1948 … the Court issued notice to the States of Jharkhand, Chhattisgarh, Odisha, Maharashtra, Andhra Pradesh, Madhya Pradesh and West Bengal as the subject coal blocks, for which the allocation is in issue, were located in these States. The … (Development and Regulation) Act, 1957 (for short, ‘1957 Act’). (b) Breach of Section 3(3)(a)(iii) of the Coal Mines (Nationalisation) Act, 1973 (for short, ‘CMN Act’). … Coal Mines (Nationalization) Amendment Bill, 1992 seeks to achieve the aforesaid objectives.” 37. Section 3 of the CMN Act was amended and thereby in clause

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 … by the State Government in this behalf.'Section 36 permits levying charge on the consumption or sale of electricity. Section 37 says that any money certified by the Authority as due berecoverable as arrears of land revenue and no