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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

amounted to a fraud on the Constitution. 3. The petitioners' main grievance, is that the provisions contained in Section 8 (i) of the West Bengal Land Development ana Planning Act, 1948 in so far as they provide that … 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

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 … a declaration that the Banking Companies (Acquisition and Transfer of Undertakings) Ordinance 8 of 1969 promulgated on July 19, 1969, and the Banking Companies (Acquisition

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 … Code 2020. 193 Section 4, MMDR Act 194 Section 5, MMDR Act 195 Section 7, MMDR Act 196 Section 8, MMDR Act 197 Section 9, MMDR Act 87 PART G prospecting or mining operations in respect of lands

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 … amended by the West Bengal Act VIII of 1954, which came into operation on March 30, 1954. By Section 8 of the amending Act, Section 7 of the original Act was amended inthe following manner:(a) In Sub-section (1) … 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

The Calcutta Gas Company (Proprietary) Ltd. Vs. the State of West Beng ...

Court : Supreme Court of India

Subject : Media and CommunicationCompany

Acts : Constitution of India - Articles 14, 19, 31, 31A(1), 32, 226, 246, 246(1), 249, 250, 252 and 254; Oriental Gas Company Act, 1960; Industries (Development and Regulation) Act, 1951; Government of India Act, 1935

Reported in : AIR1962SC1044; [1962]Supp3SCR1; MANU/SC/0063/1962

arrangement, was in charge of its general management for a period of 20 years for remuneration. The West Bengal Legislature passed the impugned Act and it received the assent of the President on October 1, 1960. On … Act was passed, as its long title shows, to provide for the development and regulation of certain industries. Under s. 2 of the Central Act … of excise, and entry 18 of List II, taxes on the sale of goods, of Government of India Act, 1935, Gwyer, C.J., in In re The Central Provinces and Berar Act No. XIV of 1938 (1939) F.C.R. 18, … to take over the management of the undertaking. 8. Coming to the impugned Act, its provisions are … and to receive the aforesaid amounts toward its remuneration for its services. Section 4 of the impugned Act reads : 'With effect from the appointed

Union of India Vs. Mohinder Kaur

Court : Delhi

Subject : Property

Acts : Constitution of India - Article 31(5); Resettlement of Displaced Persons (Land Acquisition) Act, 1948 - Sections 7

Reported in : ILR1969Delhi1154

to the Constitution on. April 27, 1955, by the Constitution (Fourth Amendment) Act, 1955. In Bela Banerjee's case section 8 of the West Bengal Land Development and Planning Act, 1948, was attacked. This section made the declaration of … come to the conclusion that the two provisos were repugnant to section 299(2) of the Government of India Act, 1935, and were void. Being void, they were nto 'existing law' within the meaning of clause (5) of Article

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 … contention therefore also appears to be without any substance.7. It was further contended by Mr. Ganguly that as Section 8, proviso (b) of the Act has been held to be ultra vires by the learned Chief Justice in

Association of Natural Gas and ors. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Subject : Constitution

Acts : Constitution of India - Articles 143, 143(1), 226 and 246; ;Gujarat Gas (Regulation of Transmission, Supply and Distribution) Act, 2001 - Sections 2, 8, 9, 23(1), 25, 25(2), 34(1), 34(2), 55(1) and 55(2); Petroleum Act, 1934; Oil Fields (Regulation and Development) Act, 1948; Oil Industry (Development) Act, 1974; Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962; Oil Industry (Development) Act, 1974; Petroleum and Natural Gas Rules, 1959; Industries (Development and Regulation) Act, 1951; Government of India Act, 1935 - Sections 100; ;Mines Act, 1952; Mines and Minerals (Development) Act, 1957; Industries (Development and Regulation) Act, 1957; Bengal Money Lenders Act, 1940; Oriental Gas Company Act, 1960; Liquid Fuel Emergency Act, 1984 - Sec

Reported in : 2004(6)ALD99(SC); (2004)2GLR1413; JT2004(3)SC529; (2004)4SCC489; [2004] 3 SCR 534

submitted that in Calcutta Gas Company (Proprietary) Ltd. v. State of West Bengal and Ors. , the scope and ambit of Entry 25 of List … Petroleum Act, 1934. The Union of India, inter alia, enacted various legislations, namely, The Oil Fields (Regulation and Development) Act, 1948; Oil Industry (Development) Act, 1974; The Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) … of excise, and Entry 18 of List II, taxes on the sale of goods, of Government of India Act, 1935, Sir Maurice Gwyer, C.J., in In re: The Central Provinces and Berar Act No. XIV of 1938 1939 … State Government. The qualifications and the mode in which vacancies are to be filled up are prescribed under Section 8 and 9 of the Act. The functions and powers of authority are mentioned in Chapter IV, which include,

Murli Tahilram Vs. T. Asoomal and Co.

Court : Kolkata

Subject : Civil

Acts : Bengal Public Demands Recovery Act, 1913 - Section 8; ;Code of Civil Procedure (CPC) , 1908 - Sections 60 and 73(3); ;Constitution of India - Articles 19, 19(1) and 372

Reported in : AIR1955Cal423,59CWN701

for Law's rewards. It is an application by the State of West Bengal claiming priority over a private creditor in respect of certain funds in … this claim for priority has played a very important part in the development of Jurisprudence. The Government was a privileged creditor under the Roman Law … that notwithstanding the repeal by the Constitution of the Indian Independence Act, 1947, and the Government of India Act, 1935, but subject to the other provisions of the Constitution, all the law in force in the territory of … in the prescribed manner, a notice in the prescribed form and a copy of the certificate. Then follows Section 8 of the Act providing the effect of the service of the notice of certificate. It says that 'from

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 … that the Eastern Terminus of the same boundary is a point situated 825.8 metres below pillar 920 on the Jodhpur boundary as depicted in Pakistan