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Maganbhai Ishwarbhai Patel Etc. Vs. Union of India (Uoi) and anr.
Supreme Court of India
Jan-09-1969
Constitution
Evidence Act - Sections 113
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 … Mr. Shiv Kumar Sharma (W.P. No. 234/68), Mr. Madhu Limaye (W.P. No. 402/68), Mr. Gulabshankar Amritlal Dholakia (W.P. No. 403/68) and Mr. Node Sadi Rau
Tag this Judgment! AI Brief & AskPower Machines India Limited Vs. State of Mahdya Pradesh and Ors.
Supreme Court of India
Apr-17-2017
Arbitration
of plurality of the remedies provided under sections 40 and 48 of the Bihar and Orissa Cooperative Societies Act, 1935. Both the provisions may be attracted to a case. It was held that application of section 40 will … behalf of the appellants that in the four States only, i.e., West Bengal, Madhya Pradesh, Punjab & Haryana and Andhra Pradesh recovery is made as … of the power conferred by section 30 read with section 21(3) of the Micro, Small and Medium Enterprises Development Act, 2006 (hereinafter referred to as “the Act of 2006”). Rule 5 provides for recovery of the amount for
Tag this Judgment! AI Brief & AskCharan Singh and ors. Etc. Vs. State of U.P. and ors.
Allahabad
Jun-25-2004
Constitution
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
AIR2004All373; 2004(4)AWC3186
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 … obtained degrees of the Unani System 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) of Paschim Bangal Unani System of … 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
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State of Gujarat Vs. Shantilal Mangaldas and ors.
Supreme Court of India
Jan-13-1969
Constitution
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
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
Tag this Judgment! AI Brief & AskSm. Sujata Maitra Vs. State of West Bengal and ors.
Kolkata
Apr-10-1978
Constitution
Constitution of India - Article 227(1) and 227(5); ;Constitution of India (42nd Amendment) Act; ;West Bengal Co-operative Societies Act, 1973
AIR1978Cal374,82CWN894
Datta, J.1. This Rule is directed against the order of the West Bengal Co-operative Tribunal dated Dec. 21, 1976 reversing on appeal an award of … dated Dec. 21, 1976 reversing on appeal an award of the Co-operative Development Officer and Arbitrator-II dated June 18, 1976.2. It appears that there was … respect of the matter might not be possible under such writs.6. Section 224 of the Government of India Act, 1935 made the following provisions:'Section 224. Administrative function of the High Court-- (1) Every High Court shall have superintendence … injustice.11. We now come to the last step of our survey. By the Constitution (Forty-second Amendment) Act, 1976, Section 40, the following amendment was made to Article 227.Section 40. Amendment of Article 227:-- (a) for Clause (1), the
Tag this Judgment! AI Brief & AskState Of U.p. . Vs. M/s. Lalta Prasad Vaish And Sons
Supreme Court of India
Oct-23-2024
Land Acquisition
knowledge that alcohol is used for industrial purposes. ‘Intoxicating 58 Bombay Abkari Act 1878, Madras Abkari Act 1886, Bengal Excise Act 1909, Bihar Excise Act 1915, MP Excise Act 1915, Punjab Excise Act 1914, Chhattisgarh Excise Act … Committee was not merely to allow the Union to take over the development of an industry but also other aspects; d. Tika Ramji (supra) must … (supra) : “… Sales tax was not a subject which came into vogue after the Government of India Act 1935. It was known to the framers of that statute and they made express provision for it under Entry … Act used different phrases in Entries 31 and 40 of List II of its Seventh Schedule. These … of the decision in Tika Ramji to the dispute ...... 115 viii. Section 18G of IDRA and Entry 33 of List III .................................... 119 F.
Tag this Judgment! AI Brief & AskThe State Of Punjab Vs. Davinder Singh
Supreme Court of India
Aug-01-2024
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 … of the enquiry about ‘inadequate representation’ is a 40 Relied on Indra Sawhney (supra) [Justice Reddy, 802].. … 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
Tag this Judgment! AI Brief & AskMineral Area Development Authority Etc. Vs. M/s Steel Authority Of Ind ...
Supreme Court of India
Jul-25-2024
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 … INSC554IN THE SUPREME COURT OF INDIA CIVIL APPELLATE/ORIGINAL JURISDICTION Civil Appeal Nos. 4056-4064 of 1999 Mineral Area Development Authority & Anr. …Appellants Versus M/S Steel
Tag this Judgment! AI Brief & AskProperty Owners Association Vs. State Of Maharashtra .
Supreme Court of India
Nov-05-2024
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 … the President, has received his assent.” *No longer enforceable after Kesavananda Bharati 40. Subsequently, Article 31-C was further amended by the Constitution (Forty- second Amendment) … 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
Tag this Judgment! AI Brief & AskState of West Bengal Vs. Union of India
Supreme Court of India
Dec-21-1962
Constitution
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)
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 … the State for Union purposes is not denied. 40. The power to acquire land sought to be … referred to as the Act - enacted by the Parliament, and particularly Sections 4 and 7 thereof, were ultra vires the legislative competence of Parliament,
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