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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 … 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 … Acquisition) Act (West Bengal Act II of 1948) in accordance with the provisions of the second proviso to Section 7(1) of the said Act and whether the Court below was wrong in treating the aforesaid provisions as ultra

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 … and it appears therefrom that these notications were purported to have been made under Section 6 read with Section 7 of the Act. They are not notifications under Section 6 simpliciter. They purported to be combined notifications under

State of Orissa Vs. Satyabadi Panda and ors.

Court : Orissa

Subject : Constitution

Acts : Constitution of India - Articles 13(1), 31(2) and 366(10); Constitution of India (Amendment) Act, 1955; Orissa (Development of Industries, Irrigation, Agriculture, Capital Construction, Resettlement of Displaced Persons) Land Acquisition Act, 1948 - Sections 7 and 7(1); Government of India Act, 1935 - Sections 299 and 299(2)

Reported in : AIR1961Ori196

the principles laid down by the Supreme Court in State of West Bengal v. Mrs. Bela Banerjee, AIR 1954 SC 170. 4. On the 27th … validity of its provisions should, therefore, be judged with reference to the provisions of the Government of India Act, 1935 (as adapted) which was then in force. Assuming that the Act wasvalid under the provisions of the Government … which provided for the speedy acquisition of lands for the Hirakud Dam Project and some other specified projects. Section 7 of the Act dealt with the method of determining the compensation payable to the owners of lands so … pre-Constitution laws this decision contains the seed of the doctrine of eclipse developed by my Lord the Chief Justice in (S) AIR 1955 S. C.

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 … and all rights held by the taluqdar in such property were to be deemed to have been extinguished. Section 7 provided for payment of compensation in respect of the property so vested and rights so extinguished. It also

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, … Act.18. Section 6 provides for maximum area for which a prospecting licence or mining lease may be granted. Section 7 makes provisions for the periods for which prospecting licence may be granted or renewed and Section 8 provides

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 … 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 … notice to the petitioner-Society through its Chairman on 7-7-1970 detailing the several acts of omission and commission

Commercial Tax Officer and ors. Vs. Vishnu Agencies (P.) Ltd.

Court : Kolkata

Subject : Sales Tax

Reported in : [1975]36STC527(Cal)

1, Messrs. Vishnu Agencies Private Ltd., is a registered dealer under the Bengal Finance (Sales Tax) Act, 1941, and a licensed stockist and dealer of … may arise from time to time. In the interest of the country's development this type of Orders has become necessary, inter alia, for regulation of … entry 54 of List II in the Seventh Schedule to the Constitution corresponding to the Government of India Act, 1935, item 48. In order to be a sale of goods it must be a sale within the meaning … which can be imposed on a person contravening any order made under Section 3 of the said Act. Section 7 provides similar penalties to the person aiding and abetting the contravention of any order under Section 3 of

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 … Tile Co. (1882)20 Ch D 552 and in Hext v. Gill, (1872) 7 Ch 699.'The settled judicial view noticed above is tersely laid down in

Rajkishen Prem Chandra JaIn Vs. Commissioner of Income-tax

Court : Punjab and Haryana

Subject : Direct Taxation

Acts : Income-tax Act, 1922 - Sections 10(1); ;Land Acquisition Act, 1894 - Sections 31

Reported in : AIR1959P& H63; [1959]35ITR590(P& H)

Inspector of Taxes v. Lord Penrhyn 1937 3 All ER 468; compensation awarded under the Restriction of Ribbon Development Act, 1935: Jhonson Inspector of Taxes v. W. S. Try Ltd. 1946 27 Tax Cas 167; compensation paid by agreement … profit. Our attention has been invited to Calcutta Electric Supply Co. Ltd. v. Commr. of Incomer' tax. West Bengal, Calcutta : [1951]19ITR406(Cal) . In this case the Government requisitioned an electricity generating plant belonging to the assessee … to us by the Tribunal and does not need to be answered. 7. For these reasons I am of the opinion that the question which … A.N. Bhandari, C.J. 1. This is a reference under Section 66(1) of the Indian Income-tax Act. 2. A plot of land belonging

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 … Anr. v. State of Haryana and Ors., (2006) 7 SCC241which resolved the conflict noticed in the reference … 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