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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 … cotton, whether ginned or unginned and cotton seed; and(e) raw jute. Entry 42--'Acquisition and requisition of property.33. The argument raised by Mr. Setalvad, intervening on

State of Karnataka Vs. Union of India (Uoi) and anr.

Court : Supreme Court of India

Subject : Constitution

Acts : Constitution of India - Articles 75(2), 75(3), 105, 131, 131A, 154, 164(2), 194, 194(3), 226, 245 to 255, 256, 257, 329 and 368; Commission of Inquiry Act, 1952 - Sections 1(2), 3, 3(1) and 3(4); Indian Penal Code (IPC) - Sections 176 and 177; Code of Civil Procedure (CPC) , 1908; Government of India Act, 1935 - Sections 204; Representation of People Act

Reported in : AIR1978SC68; (1977)4SCC608; [1978]2SCR1

remain unrestricted.' The Court was considering an Act passed by the Parliament, the Coal Bearing Areas (Acquisition and Development) Act, 1957, enabling the Union of India to acquire certain coal bearing areas in the State of West Bengal. … There is some departure in this regard from the correspondprovision of Section 204 of the Government of India Act, 1935, which is not necessary to be pin-pointed here. In specific terms it has not been stated in the … Government is illegal and ultra vires. Under Article 131A (introduced by the 42nd Amendment), the question of vires of Section 3 of the Act may

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

'money-lending' was a State subject under Entry No. 27 of List II. Bengal Legislature enacted the Bengal Moneylenders Act and the question was whether the … 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 … Acquisition or requisition of land falls under Entry 42 of the Concurrent List. In order to achieve … place. This notice is purported to be issued under his powers under Section 78(i) of the Maharashtra Co-operative Societies Act, 1960. Subsequently on the 9th

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, … 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 … properties, in exercise of the powers conferred by Section 51 of the Indian Electricity Act, 1910, or by Section 42 of the Electricity (Supply) Act, 1948.The Kerala State Electricity Board, to be referred to as the Board, which

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 … 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 … SLP(C) No.336/2015, SLP(C) No.352/2015, SLP(C) No.376/2015, SLP(C) No.411- 421/2015, SLP(C) No.380/2015, SLP(C) No.437/2015, SLP(C) No.445/2015, SLP(C) No.457/2015,

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 … List I and List III. 18. By Entry 42 in List III of the Seventh Schedule to … referred to as the Act - enacted by the Parliament, and particularly Sections 4 and 7 thereof, were ultra vires the legislative competence of Parliament,

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 … Other than 7, 12, 32, 63 Not including 1, 51, 54, 66 42 A L S P P L Subrahmanyan Chettiar v. Muthuswami Goundan, (1940)

In Re Section 6a Of The Citizenship Act 1955

Court : Supreme Court of India

Subject : Right to Information

whose parents or any of whose grandparents were born in India as defined in the Government of India Act 1935 or in Burma, Ceylon or Malaya and who is domiciled in the territory of India as defined by … should be replaced by a system of passports.” 42 See paper Rights: The emergence of Documentary Identities … of persons who, in their ordinary avocations, had to pass between East Pakistan and either Assam or West Bengal.40 Thus, the geographical placement of Bangladesh (East Pakistan) prevented the Indian Government from replicating the permit system that … is absolute is no more good law is view of the subsequent developments on the interpretation of Part III of the Constitution. 164 “25 […]. … ORIGINAL JURISDICTION Writ Petition (C) No 274 of 2009 IN RE : SECTION6 OF THE CITIZENSHIP ACT1955With Writ Petition (Civil) No.916 of 2014 With Writ

State Of U.p. . Vs. M/s. Lalta Prasad Vaish And Sons

Court : Supreme Court of India

Subject : 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 … The distinction between potable and non-potable alcohol ................. 42 D. Issues ....................................................................................................... 45 E. Analysis ....................................................................................................... 45 … of the decision in Tika Ramji to the dispute ...... 115 viii. Section 18G of IDRA and Entry 33 of List III .................................... 119 F.

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 … and remedying inter-se inequality among the Scheduled Castes; 42 Chinnaiah (supra) [Justice Hegde, 22]. relying on NM … 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