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Aswini Kumar Nath Vs. State of West Bengal and ors.

Court : Kolkata

Subject : Constitution

Acts : West Bengal Land Development and Planning Act, 1948 - Sections 4, 5, 6, 7 and 8; ; West Bengal Land Development and Planning Rules - Rules 5; ; Constitution of India - Articles 14, 19, 31, 31(2) and 246; ;Government of India Act, 1935

Reported in : AIR1952Cal679

two notifications, one bearing No. 12676 L. Dev. dated the 16th November, 1950, purported to be made under Section 4 of the West Bengal Land Development and Planning Act and another bearing No. 12678 L. Dev. also dated … to be invalid.4. It was contended by the learned Advocate for the petitioner that the West Bengal Land Development Act is ultra vires in so far as it purported to acquire lands for settlement of immigrants. According to … the Constitution. The entry which dealt with the question of aliens and immigration in the Government of India Act, 1935, was also Entry No. 17 in List (1) of the 7th schedule but that entry also relates to

Deputy Commissioner and Collector, Kamrup and ors. Vs. Durga Nath Sarm ...

Court : Supreme Court of India

Subject : Property

Acts : Assam Acquisition of Land for Flood Control and Prevention of Erosion Ordinance, 1955 - Sections 2, 4, 4(1), 5, 6(1), 6(2) and 17; Land Acquisition Act; Assam Acquisition of Land for Flood Control and Prevention of Erosion (Validation) Act, 1959; Constitution of India - Articles 14, 19(1), 19(2), 31, 31A, 31(2), 31(5), 301 and 254(2); Madras Marumakkathayam (Removal of Doubts) Act, 1955; Government of India Act, 1935; Constitution (Fourth Amendment) Act; Assam Embankment and Drainage Act, 1941; West Bengal Land Development and Planning Act, 1948; Madras Electricity Supply Undertakings (Acquisition) Act, 1954; Land Acquisition Act, 1894

Reported in : AIR1968SC394; [1968]1SCR561

We shall now examine our earlier decisions in The State of West Bengal v. Subodh Gopal Bose and others : [1954]1SCR587 and Dwarkadas Shrinivas of … passed enabling the State Government to acquire lands for works or other development measures in connection with flood control or prevention of erosion. The Ordinance … this article or has contravened the provisions of sub-section (2) of section 209 of the Government of India Act, 1935.' 21. Clauses (1) and (2) of Art. 31 were limitations on the executive and the legislative powers of … may by an order in writing, acquire any land stating the area and boundaries of the land.' 4. Section 4 provides for the service and publication of the order of acquisition. Under s. 5, on such service or

Commercial Tax Officer and ors. Vs. Vishnu Agencies (P.) Ltd.

Court : Kolkata

Subject : Sales Tax

Reported in : [1975]36STC527(Cal)

1, Messrs. Vishnu Agencies Private Ltd., is a registered dealer under the Bengal Finance (Sales Tax) Act, 1941, and a licensed stockist and dealer of … may arise from time to time. In the interest of the country's development this type of Orders has become necessary, inter alia, for regulation of … entry 54 of List II in the Seventh Schedule to the Constitution corresponding to the Government of India Act, 1935, item 48. In order to be a sale of goods it must be a sale within the meaning … of 1948), or by any officer to whom the powers of the Provincial Government may be delegated under Section 4 of the said Ordinance.5. The licensee shall issue to every customer a true cash memorandum or credit note,

Kerala State Electricity Board and ors. Vs. Varghese Thomas and ors.

Court : Kerala

Subject : Civil

Acts : Telegraph Act, 1885 - Sections 10

Reported in : AIR1961Ker237

252, which accepted this test, turned on the application of a specific statutory provision in resfriction of Ribbon Development Act, 1935, Section 9 Sub-section (4) of which provided, that compensation shall be equal to the difference in the market value, … case, it may be combined with other damage.Compensation, as defined by the Supreme Court in State of West Bengal v. Mrs. Bella Banerjee, AIR 1954 SC 170 at p, 172, though in a different contest, is the

Phanindra Kumar Senyal and ors. Vs. State of West Bengal

Court : Kolkata

Subject : Property

Acts : West Bengal Land Development and Planning Act, 1948 - Section 8; ;Government of India Act, 1935 - Section 299(2); ;Constitution of India - Article 31B

Reported in : AIR1965Cal177

declaration under the provisions of the West Bengal Land Development and Planning Act of 1948. The notification under Section 4 of the Act dated January 12, 1957 was published in the Calcutta Gazette and the declaration under Section … determined and the same was therefore ultra vires the provisions of Section 299 of the Government of India Act, 1935 and of Article 31(2) of the Constitution of India, The said provisions of West Bengal Act XXI of

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 … the levy of a tax in respect of specified lands calculated on the annual productivity of such land. Section 4 of the Act lays down the principles for determination of annual productivity of the land whereas Section 5

Union of India Vs. Mohinder Kaur

Court : Delhi

Subject : Property

Acts : Constitution of India - Article 31(5); Resettlement of Displaced Persons (Land Acquisition) Act, 1948 - Sections 7

Reported in : ILR1969Delhi1154

1955. In Bela Banerjee's case section 8 of the West Bengal Land Development and Planning Act, 1948, was attacked. This section made the declaration of … which decided Mongol Sen's case relied upon the Supreme Court decisions in the case of State of West Bengal v. Mrs. Bela Banerjee (2); P. Vajravelu Mudaliar v. Special Duty Collector, Madras, and another (3) and N. … come to the conclusion that the two provisos were repugnant to section 299(2) of the Government of India Act, 1935, and were void. Being void, they were nto 'existing law' within the meaning of clause (5) of Article … Finance Limited on July 23, 1947, inconsideration for a sum of Rs. 40,730 In its turn, the Delhi Land and Finance Limited assigned the leasehold

Sadhu Varahala Babu and ors. Vs. Government of A.P., Co-operation Depa ...

Court : Andhra Pradesh

Subject : Constitution

Acts : Andhra Pradesh Cooperative Societies Act, 1964 - Sections 116AA, 116C and 116C(1); Crown Proceedings Act, 1947; Regulating Act, 1773; Indian High Courts Act, 1861 - Sections 9; Government of India Act, 1915 - Sections 106; Government of India Act, 1935 - Sections 223; Indian Independence Act 1947; Specific Relief Act, 1877 - Sections 45; General Clauses Act, 1897; Andhra Pradesh Shops and Establishments Act - Sections 47; Uttar Pradesh Co-operative Societies Act, 1965; Uttar Pradesh Co-operative Land Development Bank Act, 1964; Tamil Nadu Co-operative Societies Act, 1961; Constitution of India - Articles 12, 14, 21, 32, 226 and 367(1); Andhra Pradesh Co-operative Societies Rules - Rule 72(3)

Reported in : 2005(5)ALT126

its place to consist of a like number of Judges as the Supreme Court at Fort William in Bengal. The provisions of Clause 4 and Clause 21 of the Calcutta Charter 1774 were also reproduced in Clause … of these writ petitions, I wish to refer to the origin and development of writs in England and India during the pre and post constitutional … 106 of the Government of India Act, 1915. The same principle was maintained under the Government of India Act, 1935.28. The powers and jurisdiction of the High Courts were given under Section 223 of Govt. of India Act,

State of Bombay Vs. Narothamdas Jethabai and anr.

Court : Supreme Court of India

Subject : Constitution

Acts : Code of Civil Procedure (CPC), 1908 - Sections 9

Reported in : AIR1951SC69; (1951)53BOMLR402; [1951]2SCR51

question raised in that case was as to the validity of the Bengal Money-lenders' Act, 1940, which limited the amount recoverable by a money-lender on … Legislature is competent to legislate upon under List II of the 7th Schedule to the Government of India Act, 1935, but also in regard to matters in respect of which only the Central or Federal Legislature can legislate … XL of 1948), is ultra vires the Legislature of the State of Bombay; (2) Whether in any event Section 4 of the above Act is ultra vires the State Legislature; and (3) Whether the Bombay High Court has … a law is passed relating to a state of affairs not yet developed, or to things future and impossible to fully know.' The proper distinction

Raleigh Investment Co., Ltd. Vs. Governor-general in Council.

Court : Kolkata

Subject : Direct Taxation

Reported in : [1943]11ITR393(Cal)

the suit and has appeared through Sir Asoka Roy, the Advocate-General of Bengal, not acting as the Advocate General of Bengal, but as Counsel representing … Co., Ltd.; (6) General Advertising Agency (India) Ltd.; (7) Indian Leaf Tobacco Development Co., Ltd.; (8) Peninsular Tobacco Co., Ltd.; (9) Printers (India) Ltd.; (10) … matter, that it involves a substantial question of law as to the interpretation of the Government of India Act, 1935, or any order in council made thereunder, he shall report to that effect to the Chief Justice, who … is as follows :-'You are further requested to let me know that in view of Explanation (3) to Section 4(1) of the Act, the dividends shown in Section D of the return being income accruing or arising in