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Charan Singh and ors. Etc. Vs. State of U.P. and ors.

Court : Allahabad

Subject : Constitution

Acts : Constitution of India - Articles 19(1) and 21; Indian Medicine Central Council Act, 1970 - Sections 17; Uttar Pradesh Indian Medicine Act, 1939 - Sections 39; Uttar Pradesh Medical Institutions (Acquisition and Miscellaneous Provisions) Act, 1982 - Sections 10

Reported in : AIR2004All373; 2004(4)AWC3186

of Medicine and are registered under the Council of Unani Medicine West Bengal Calcutta, with their addresses at Howrah and 24 Pargana, under Section 21(2) … thereafter got the change of address to Farrukhabad (U.P.), under the Bihar Development of Ayurvedic & Unani System of Medicine Act 1951 on 5-12-2003.5. In … the matters specified in List II or List III in the Seventh Schedule to the Government of India Act, 1935, be deemed to include a registered practitioner. Section 40 was substituted by U.P. Act No. 35 of 1975 … in Ayurvedic and Unani Tibbi Systems of Medicine, and Section 36-B provides powers and duties of the Faculty. Section 39 defines the expression of 'legally qualified medical practitioner' or 'duly qualified medical practitioners', in all the Acts in

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 … contained in the directive principles of State policy, especially Articles 38 & 39 of the Constitution. For achieving the needs of a developing economy in

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

Lokanath Misra Vs. State of Orissa and anr.

Court : Orissa

Subject : Motor Vehicles

Acts : Orissa Motor Vehicles (Regulation of Stage Carriage and Public Carrier's Services) Act, 1947 - Sections 4, 5 and 6; Constitution of India - Articles 14, 19, 19(1) and 19(6); Govt. of India Act, 1935 - Sections 299(2)

Reported in : AIR1952Ori42

followed in a recent decision of the Calcutta High Court in 'The Commissioner of Excess Profits Tax, West Bengal v. Jeewanlal Ltd., Calcutta', 55 C. W. N. 237 while construing the same phrase occurring in Section 2(21), … of, or having experience in, running motor transport services & thereby ensure development of road transport on rational lines providing economy, safety & comfort to … of the Company; &(iii) The Act is invalid for contravening Sub-clause (2) of Section 299, Govt. of India Act, 1935 inasmuch as it contains no provision for compensating those persons to whom permits were granted after 1-10-1946.8. 'Point … of 1950 is the owner of two buses Nos. O. R. G. 399 & 380. He was granted a permit No. 49/1 for three years

Manoj Kumar Agarwal Vs. C B I and Ors

Court : Delhi

Subject : Land Acquisition

West Bengal and at the time of filing of the present petition, he was posted as Secretary, North Bengal Development Authority with additional charge of MD, West Bengal Highway Development Corporation.3. At the time when the petitioner was … enacted by the Governor General in Council in exercise of the powers conferred by the Government of India Act, 1935 (Entry 39 of List I, Seventh Schedule). The said Entry reads as under:"Extension of the powers and jurisdiction … quash RC No.6(A)/2009 dated 15.12.2009 entitled „CBI v. Manoj Kumar Agarwal‟ under section 109 IPC and section 13(2) read with section 13(1)(e) of the Prevention

Jindal Stainless Ltd. and Anr. Vs. State of Haryana and Ors.

Court : Supreme Court of India

Subject : Right to Information

approved by a Constitution Bench of this Court in State of West Bengal v. Kesoram Industries Ltd. (2004) 10 SCC201 The propositions stated in the … Court of Punjab and Haryana was one such petition that assailed the constitutional validity of the Haryana Local Development Act, 2000. Relying upon the decisions of this Court in Atiabari Tea Co. Ltd. v. State of Assam & … the Provincial legislature under Item 21 of List 11 of the Seventh schedule to the Government of India Act, 1935, was intra vires the Provincial legislature notwithstanding that admittedly some of its provisions cut down the absolute rights … of the Government of India Act.” (Emphasis supplied) 39. Three years later came the Constitution Bench decision … has to do, I venture to think, in construing words in a section of an Act of Parliament is not to take those words in

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 … regarded as a distinct matter and is separately set out.” (emphasis added) 39. The above position of law has been expressly affirmed by the nine-Judge

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 … 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 … 46 iv. Analysis and Conclusions concerning Article 31-C ................................ 75 D. Article 39(b).................................................................................................... 84 i. Submissions .................................................................................................. 84 a. Submissions of the appellants and intervenors

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 … will subject to Art. 254(2) be struck down. 39. The question may be approached from another angle. … referred to as the Act - enacted by the Parliament, and particularly Sections 4 and 7 thereof, were ultra vires the legislative competence of Parliament,

Samatha Vs. State of A.P. and ors.

Court : Supreme Court of India

Subject : Constitution

Acts : Constitution of India - Articles 1, 2, 3, 8, 9, 14, 15(4), 17, 21, 23, 38, 39, 46, 162, 244, 245 and 298; Andhra Pradesh Scheduled Areas Land Transfer Regulation, 1959 - Sections 3(1); Mines and Minerals (Regulation and Development) Act, 1957 - Sections 11(5); Forest (Conservation) Act, 1980 - Sections 2 and 3(2); Gunjam and Vizianagaram Act, 1839; Transfer of Property Act - Sections 105; Enviroment (Protection) Act, 1986 - Sections 2

Reported in : AIR1997SC3297; JT1997(6)SC449; 1997(4)SCALE746; (1997)8SCC191; [1997]Supp2SCR305

the present  Home Secretary, Govt. of India, Orissa, M.P, Rajasthan and West Bengal and they had given  graphic first hand account of the magnitude of … in the  Government's counter-affidavit that by operation  of Section 11 (5) of the Mine and Mineral  (Regulation and Development) Act, 1957 (for short the 'Mining Act'), as amended by State Act, on  and from August 14, 1991, no … was entrusted to the  Governors of the Provinces.  18. Pursuant to Simon Commission Report, the Government of India Act, 1935 dealt with excluded  and partially excluded areas as per Order 1936 issued under Section 91 of Government of … case. Hence they are omitted. Scope and Sweep of the Regulation 1970. 39. As has been stated, the Regulation came into force on March 4,