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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 … head 'Co-operative Bank'. 7. Chapter IV of the Societies Act deals with Incorporation, Duties and Privileges of Societies. Section 43 puts restrictions on the borrowings by the society and provides that a society shall receive deposits and loans

State of Kerala and Others Vs. fr.william Fernandez Etc Etc

Court : Supreme Court of India

Subject : Right to Information

Uttarakhand Tax on Entry of Goods into Local Areas Act, 2009 and further Section 2(1)(h) of the West Bengal Tax on Entry of Goods into Local Area Act, 2012 where any place outside India is specifically mentioned. … a local area for consumption, use or therein for the purpose of development of commerce and industry in the State, at trade, such rate, not … the said tax. The tax refers to in Entry 49 of Provincial List under the Government of India Act, 1935 and Entry 52 of List II under the Constitution is ‘octroi’, which have been prior thereto, was levied … goods, as may be specified by the State Government in a notification 43 published in a official gazette subject to such may be prescribed: Provided

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 … in its wider sense includes all imposts.157 In McDowell (supra), the assesse sought to claim a deduction under Section 43- B(a) of the Income Tax Act 1961 on the payment of bottling fees made to the State Government

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 … ethyl alcohol content varies between 19 to about 43 per cent. These standards are according to the … 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 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 … v. State of Orissa and Ors.1991 Supp.(1) SCC 430 (Three-Judges Bench decision). In both thesedecisions the levy

State of West Bengal and anr. Vs. Tarun Kumar Sen Gupta and anr.

Court : Kolkata

Subject : Constitution

Acts : Central Reserve Police Force Act, 1949 - Sections 1, 3 and 9; ;Government of India Act, 1935; ;Constitution of India - Articles 13, 246 and 372

Reported in : AIR1974Cal39

P.B. Mukharji, C.J.1. These are two appeals, one by the State of West Bengal and the other by the Union of India. The appeals are against the judgment and order of Mr. … A sum of Rs. 10,000/- was collected and deposited with the Block Development Officer. The appellant represented the village in its dealings with the Block … learned Judge held that the Central Reserve Police Force Act, 1949, was ultra vires the Government of India Act, 1935, and as such was not law in force within the meaning of Article 372 of the Constitution. He, … Central Reserve Police Force. Reference was made toSections 43, 49-52, 53-56, 58, 59, 62, 64-67, 77-82, 127-132, … law. The Act was passed by the Constituent Assembly by virtue of Section 8(1) of the Indian Independence Act, 1947. Under Sub-section (2) of Section

Delhi Transport Corporation Vs. D.T.C. Mazdoor Congress and Others

Court : Supreme Court of India

Subject : ConstitutionService

Acts : Bihar Government Servants Conduct Rules, 1956 - Rule 4A; Restrictirve Trade Practice Act, 1956; Bombay Service Rules - Rule 15; West Bengal Premises Rent Control (Temporarty Provisions) Act, 1950 - Sections 18(1); Provident Fund Act, 1925 - Sections 143; General Insurance Provision (Nationalisation) Act, 1972; Prevention of Corruption Act, 1988 - Sections 5(2); Industrial Employment Standing Orders Act, 1946; Union Territories Law Act, 1950; Prize Competition Act, 1955 - Sections 2; Constitution (First Amendment) Act, 1951; Corporation's Service, Discipline and Appeal Rules, 1979 - Rules 9, 36 and 37; Delhi Road Transport Authority (Conditions of Appointment ans Service) Regulations, 1952 - Regulation 9; Delhi Road Transport Act, 1950 - Sections 3, 18, 19, 45 and 53; Indian Contr

Reported in : AIR1991SC101; (1991)1CompLJ1(SC); JT1990(3)SC725; 1991LabIC91; (1991)ILLJ395SC; 1991Supp(1)SCC600; [1990]Supp1SCR142; 1991(1)SLJ56(SC); MANU/SC/0031/1991

of natural justice and also Article 14 of the Constitution.170. In West Bengal State Electricity Board and Ors. v. Desk Bandhu Ghosh and Ors. : … case (supra). A survey of the several authorities of law and the development of law from time to time would lead one to the conclusion … Property (Amendment) Act, 1938 and in Re a Special Reference Under Section 213 of the Government of India Act, 1935, [1941] FCR 12 the question arose whether the Hindu Women's Rights to Property Act, 1937 (Central Act XVIII … for consideration, and the controversy was whether it included also an order for recovery of possession made Under Section 43 of the Presidency Small Cause Court Act, 1882 and hence a person against whom an order under the

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 … State Government had no authority in that behalf. 43. In the American Constitution there is no express … referred to as the Act - enacted by the Parliament, and particularly Sections 4 and 7 thereof, were ultra vires the legislative competence of Parliament,

Jahnabi Prosad Banerjee and anr. Vs. Basudeb Paul and ors.

Court : Kolkata

Subject : Civil

Acts : Bengal Municipal Act, 1932 - Sections 39B and 43; ;Code of Civil Procedure (CPC) , 1908 - Section 115; ;Government of India Act, 1935 - Section 224(2); ;Bengal Municipal Act (Amendment) Act, 1936

Reported in : AIR1950Cal536,54CWN626

Sections 106 and 107, Government of India Act, 1915 and by Sections 223 and 224 Government of India Act, 1935. Section 43, Bengal Municipal Act, 1932 or Section 39B of the said Act are both Acts of the Provincial Legislature … was the position at the end of the eighteenth century. It is not necessary to trace the later development of the provincial Courts which is set forth in Chaps. VIII and IX of Cowell's History and Constitution

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