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Shambhu Nath Ghosh and ors. Vs. Bejoy Lakshmi Cotton Mills Ltd. and or ...

Court : Kolkata

Subject : Constitution

Acts : Constitution of India - Article 166, 166(2) and 166(3); ;West Bengal Land Development and Planning Act, 1948 - Sections 4, 4A(2), 5, 5(1), 5(2) and 6; ;West Bengal Government - Rules 19 and 20

Reported in : AIR1959Cal552

of 21-7-1956 under S. 4 and S. G respectively of the West Bengal Land Development and Planning Act and also the agreement entered into between … Governor is by or under this constitution required to act in his discretion. The matters under the Land Development Act in which the executive action has, in the present case, been taken is admittedly not business with respect … of Business made under Section 59'. It may be mentioned that Section 49 of the Government of India Act, 1935 contained the provision 'The executive authority of a Province shallbe exercised on behalf of or by the Governor, … that any land in such area is needed or is likely to be needed for any public purpose'. Section 5 provides in its first sub-section that the State Government may direct the prescribed authority that is the Land

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

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 … '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 … 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 … a society which is doing the business of banking as defined in Clause (b) of Sub-section (1) of Section 5 of the Banking Companies Act, 1949 (now it is amended as Banking Regulation Act, 1949) and includes any

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 … Section 4 of the Act lays down the principles for determination of annual productivity of the land whereas Section 5 provides for the rate of tax. Under Section 6 it is the owner of the specified land, as

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

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 … 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 … called 'The Banking Regulation Act') to consolidate and amend the law relating to certain matters concerning banking. By Section 5(b) of that Act, 'banking' was defined as meaning 'the accepting, for the purpose of lending or investment, of

The Automobile Transport (Rajasthan) Ltd. Vs. the State of Rajasthan a ...

Court : Supreme Court of India

Subject : Constitution

Acts : Constitution of India - Articles 132, 301, 302, 303, 304, 305, 307 and 392; Indian Companies Act, 1913; Rajasthan Motor Vehicles Taxation Act, 1951 - Sections 4 and 11; Rajasthan Motor Vehicles Taxation Rules - Rule 23

Reported in : AIR1962SC1406; [1963]1SCR491

Pradesh, Assam, Bihar Gujarat, Madras, Maharashtra, Orissa, Punjab, Uttar Pradesh and West Bengal intervened and were represented before us either through their respective Advocates-General or … of a developing economy. The second question was how to foster the development of areas which were under-developed without creating too many preferential or discriminative … connection is that the Constitution-makers were not writing on a clean slate. They had the Government of India Act. 1935, and they also had the administrative set up which that Act envisaged. India then consisted of various administrative … a tax at the appropriate rate specified in the Schedules to this Act within the time allowed by section 5 and, save as hereinafter specified, such tax shall be payable annually notwithstanding that the motor vehicle may from

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

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 … of the notified area or any part thereof though no development scheme has been prepared or sanctioned under Section 5.It is clear however from the facts stated in the affidavit as I have pointed out before that schemes

R. Ray Vs. V.G. Dalvi and ors.

Court : Kolkata

Subject : Civil

Acts : Calcutta City Civil Court Act, 1953 - Sections 5, 5(1), 6, 7, 9 and 9(2); ;Code of Civil Procedure (CPC) , 1908 - Section 20

Reported in : AIR1963Cal380,65CWN191,[1962(5)FLR154]

Postal Employees' Union, having its head quarters at Delhi and its West Bengal Circle Branch. The plaintiff appellant claims to be a member as also … 106 and 112 of the Government of India Act, 1915, in Section 223 of the Government of India Act, 1935 and in Article 225 of the Constitution of India. The jurisdiction of the High Court, is derived from … law for the time being administeredby the High Court in. the exercise of its ordinary original Civil jurisdiction''.3. Section 5 Sub-section (1) defines the locallimits of the territorial jurisdiction of the Court.Within those limits the officers of the … Behram v. Ardeshir, ILR 27 Bom 563 (569), 'procedure', by repetition eventually develops into 'practice', Section 20(c) of the C.P.Code lays down the rules as

Amar Singh Modi Lal Vs. State of Haryana and ors.

Court : Punjab and Haryana

Subject : Commercial

Acts : Mines and Minerals (Regulation and Development) Act, 1957 - Sections 3; ;C.P. and Berar Sales Tax Act, 1947 - Sections 6(1); Punjab Minor Minerals Concession Rules, 1964; Constitution of India - Articles 226 and 227

Reported in : AIR1972P& H356

by virtue of Entry No. 36 in List I of the Seventh Schedule of the Government of India Act, 1935, which is in the following terms:--'Regulation of mines and oil fields and mineral development to the extent to … placed on behalf of the petitioners are clearly distinguishable. State of West Bengal v. Jagadamba Prasad Singh, AIR 1969 Cal 281, was confined to a … 436, dated the 1st of June, 1958, issue under Section 3(e) of the Mines and Minerals (Regulation & Development) Act, 1957, is the important and slightly intricate question which primarily calls for determination in these two connected Civil … by the Rules and this act is unlawful and illegal under Rule 54 of the Rules. It is further averred that the demand notice for

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

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 … public purpose. Section 4A provides, for hearing of objections to the acquisition, of land by persons interested therein. Section 5 provides for the preparation and sanctioning of development schemes i.e. schemes for the development of land for any

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 … In the French Constitution of the 4th October, 1958 (Title VI) Article 52 enables the President to negotiate and ratify treaties and he is informed