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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, … to the conclusion that the sanction of the scheme or the satisfaction as required under Section 4 and Section 6 of the Act was not by or of the Government, in accordance with law, and made the orders

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 … 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 defined, who has been made liable to pay 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 … in or owned by the Plaintiff State ?' 6. It will thus appear that the parties are … referred to as the Act - enacted by the Parliament, and particularly Sections 4 and 7 thereof, were ultra vires the legislative competence of Parliament,

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 … Act, 1949, and also to engage in one or more forms of business specified in Sub-section (1) of Section 6 of that Act. The Chairman of the named bank holding office immediately before the commencement of the Ordinance

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 … another bearing No. 12678 L. Dev. also dated the 16th November, 1950, and purporting to be made under Section 6 of the said Act were published in the Calcutta Gazette in respect of the petitioner's lands in the

Manoj Kumar Agarwal Vs. C B I and Ors

Court : Delhi

Subject : Land Acquisition

West Bengal and at the time of filing of the present petition, he was posted as Secretary, North Bengal Development Authority with additional charge of MD, West Bengal Highway Development Corporation.3. At the time when the petitioner was … enacted by the Governor General in Council in exercise of the powers conferred by the Government of India Act, 1935 (Entry 39 of List I, Seventh Schedule). The said Entry reads as under:"Extension of the powers and jurisdiction … Petitioner has sought for quashing of the present RC having been registered in violation of the provisions of section 6 and 6A of the Delhi Special Police Establishment Act (hereinafter referred to as “DSPE Act”) and also being

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

a notification and declaration under the provisions of the West Bengal Land Development and Planning Act of 1948. The notification under Section 4 of the … 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 … 4 of the Act dated January 12, 1957 was published in the Calcutta Gazette and the declaration under Section 6 dated May 22, 1958 was published in the said Gazette, on June 5, 1958. The petitioners' case is

The State of West Bengal Vs. Bon Behari Mondal

Court : Kolkata

Subject : Constitution

Acts : Government of India Act, 1935 - Section 299(2); ;West Bengal Land (Requisition and Acquisition) Act, 1948 - Section 7(1); ;Constitution of India - Article 31(5) and 31(6)

Reported in : AIR1961Cal112,64CWN722

decision was no doubt given with reference to the West Bengal Land Development and Planning Act of 1948. However, the principle laid down there applies … the Collector was right in valuing the compensation payable for certain plots of land acquired under the West Bengal Land (Requisition and Acquisition) Act (West Bengal Act II of 1948) in accordance with the provisions of the … Act. 13. At the time when the impugned provision of the Act was enacted, the Government of India Act, 1935 was the Constitution Act in force. Section 299(2) of that Act was as follows:'Neither the Federal nor a … down would take in also a case falling under Article 13(2). The 6rst contention is based upon the following passage : 'But apart from this

Manohar Lal Sharma Vs. the Principle Secretary and Others

Court : Supreme Court of India

Subject : Land Acquisition

and oil fields and for the development of the minerals under entry 36 of the Government of India Act, 1935. It received the assent of the Governor General on 08.09.1948 and came into effect from that date.13. 1948 … States of Jharkhand, Chhattisgarh, Odisha, Maharashtra, Andhra Pradesh, Madhya Pradesh and West Bengal as the subject coal blocks, for which the allocation is in issue, … in Part A under the title “Hydro Carbons/Energy Minerals” in the First Schedule appended to the 1957 Act.18. Section 6 provides for maximum area for which a prospecting licence or mining lease may be granted. Section 7 makes

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 … or publication the land vests in the State Government and may be taken possession of by the Collector. Section 6 as amended by Act No. 17 of 1959 which provides for compensation is in these terms : '6.