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State Vs. Harish Chandra

Court : Kolkata

Subject : Criminal

Acts : Bengal Highways Act, 1925 - Section 5

Reported in : AIR1952Cal576,56CWN163

Midnapur against a sentence of daily fine imposed upon one Harish Chandra Mahanty under section 5 of the Bengal Highways Act, 1925, for violation of Rule 31(2) o that Act. The substantive offence committed is obstruction on or near a

West Bengal Small Industries Development Corp. Ltd. and ors. Vs. M/S. ...

Court : Kolkata

Subject : Land Acquisition

the State Government, but does not include a government road or a highway within the meaning of the Bengal Highways Act, 1925 or any other law for the time being In force on the subject: Explanation- In this clause “Government … lease, the lease deeds were terminated by notice issued on 9th November, 2013 by the appellant herein under Section 3(1) of the West Bengal Government Premises (Tenancy Regulation) Act, 1976, on the ground of forfeiture of the … the case of Piara Singh & ORS.-versus the State reported in AIR1960Punjab 538, he submitted that statutes are not mere exercises in literary composition, but

Nagendra Nath Choudhury Vs. the State

Court : Kolkata

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1898 - Section 233 and 439; ;Bengal Highways Act, 1925; ;West Bengal Highways (Amendment) Act, 1953 - Section 2

Reported in : AIR1955Cal555,1955CriLJ1356

ORDERDebabrata Mookerjee, J.1. The petitioner is being proceeded against for alleged infringements of the provisions of the Bengal Highways Act 3 of 1925 as amended by the West Bengal Act 17 of 1953 before a Magistrate at Balurghat. … with corrugated iron roof. Mr. Roy contends that having regard to the definition of Government road appearing in Section 2, Bengal Highways Act 3 of 1925, it is quite clear that only lands and embankments vested in … the complaint that the Magistrate was not competent to take cognizance, Section 529, Clause (e), Criminal P. C., appears to me to be a complete

Municipal Committee Vs. Shahabuddin

Court : Madhya Pradesh

Subject : Criminal

Reported in : 1952CriLJ568

i.e., the act of removing the obstruction, in any way a judicial act,7. After this decision, in the Bengal Municipal Act of 1884 Section 205 laid down that any order made by the Magistrate under Sections 202, … Saha v. Narayanganj Municipality AIR (7) 1920 Cal 734 (2) and Nabadweep Municipality v. Puranchand Mukherjee AIR (12) 1925 Cal 934.8. This view was followed by Dhavale, J., in Chairman Bihar Municipality v. Ramnandi Kuar AIR (28) … any public highway shall be liable to a fine not exceeding Rs. 50/-; and the Magistrate shall have power to remove any such obstruction or

Vikas Sales Corporation and Another, Etc. Etc. Vs. Commissioner of Com ... Overruled

Court : Supreme Court of India

Subject : Sales Tax

Acts : Tamil Nadu Sales Tax Act, 1959 - Sections 2; Central Sales Tax Act, 1956; Karnataka Sales Tax Act, 1957 - Sections 2 and 5(1); Tamil Nadu General Sales Tax Act, 1959 - Sections 2(J); Sale of Goods Act, 1930 - Sections 2; General Clauses Act, 1897; Bengal Finance (Sales Tax) Act, 1941; Constitution of India - Articles 19(1), 31 and 366(29A); Kerala General Sales Tax Act, 1963 - Sections 2; Imports and Exports (Control) Act, 1947 - Sections 3;

Reported in : AIR1996SC2082; 1997(57)ECC1; JT1996(5)SC482; 1996(4)SCALE622; (1996)4SCC433; [1996]Supp2SCR204; [1996]102STC106(SC)

are 'goods' within the meaning of and as defined in the Tamil Nadu General Sales Tax Act and Bengal Finance (Sales Tax) Act, 1941. The contention of the State was that they were goods and, therefore, attract … in personality, by many ways, but most usually by gift, bequest, or sale. Under the Law of Property Act, 1925, Section 205, 'property' includes any thing in action and any interest in real or personal property. There must be … that whenever an Import Licence is transferred, it attracts tax under Section 5(1) of the Karnataka Sales Tax Act, 1957 as unclassified goods at the

Surendra Nath Saha and ors. Vs. Harendra Kumar Saha and ors.

Court : Kolkata

Subject : Civil

Reported in : AIR1935Cal413,157Ind.Cas.224

for non-substitution of their legal representatives would ensue. Wall Mahamad v. Barkhurdar, 1925 Lah 124, Rup Chand v. Bunyad Ali (1922) 5 Lah 432 notes … parties desired him to go further down. In the Record of Rights prepared under Ch. 10, of the Bengal Act and finally published about 20 years before the suit Dags Nos. 303 and 321 have been recorded … 1835 the High-way Act was passed. Thereafter roads could not be dedicated so as to be deemed public highways, repairable by the inhabitants at large, except in accordance with statutory requirements, which had not been complied with … a suit with the sanction of the Advocate-General under the provisions of Section 92, Civil P.C. In such a case Lord Dunedin has held in

Firm Pyarelal Satpal and ors. Vs. Santlal and ors.

Court : Rajasthan

Subject : PropertyCivil

Acts : Bikaner Municipal Act, 1923 - Sections 51, 113, 114 and 129; ;Rajasthan Municipalities Act, 1959 - Sections 92(2), 161 and 163; Code of Civil Procedure (CPC) , 1908 - Sections 91(2); Indian Penal Code (IPC), 1860 - Sections 268; General Clauses Act - Sections 3(44); Limitation Act, 1908 - Sections 23

Reported in : 1971(4)WLN543

the road at any place he chooses. The same view was taken in District Board of Manbhum v. Bengal Nagpur Rly Co.. AIR 1945 Pat 200 and Talak-chand Dhanji v. Dhoraji Municipality, AIR 1955 Sau 63.26. In … right angles to it towards its western end is the Dharam-shala Road. Both these are public roads or highways. Santlal has a Nohra and Ladu Ram has shops abutting on the Kotwali Road and Khemchand has shops … the Privy Council in Sd. Manzur Hassan v. Sd. Md. Zaman, AIR 1925 PC 36 = 52 Ind App 61, to which we shall advert … appeals. These 9 second appeals arose out of 5 suits Nos. 75 of 57, 94 and 157 … stalls and their original width of 50 feet has been substantially reduced.The actual position of the roads, the properties of the plaintiffs and the stalls … 1923) was in force. Reliance is placed on Sections 51 (f), 113 and 114 of this Act

Chambara Soy Vs. State of Orissa and ors.

Court : Orissa

Subject : CivilConstitution

Reported in : 2009ACJ1837; 2007(II)OLR728

agencies.Equally useful would be reference to two other cases, Mathew, J. in S.K. Kader v. State of West Bengal : [1973]1SCR488 approved the ratio of the decision referred to above and indicate at p.1649 of AIR:The question … relevant law, since in our view, as already expressed by us in the order dated 11.10.2006, blockage of Highways, railway lines, etc., which are the lifeline of commerce and economy of the State, cannot be tolerated. This … approved by the Privy Council in Manzur Hassan v. Muhammed Zaman AIR 1925 P.C. 36, it has been held that the right to pass in … with the following prayers:(i) to direct the O. Ps. to take immediate action to lift the illegal blockage over National Highway No. 200 at Kalinga … Case No. 63 dated 27.4.2006 was registered under Sections 341, 342, 384, 506, 304, 34, IPC. In … 27.4.2006 was registered under Sections 341, 342, 384, 506, 304, 34, IPC. In paragraph-9 of the said

Patel Gordhandas Hargovindas Vs. Municipal Commissioner, Ahmedabad

Court : Supreme Court of India

Subject : Property

Acts : Government of India Act, 1935; Bombay Municipal Boroughs Act, 1925 - Sections 73 and 75; Bombay Municipal Boroughs Rules - Rules 243 and 350-A; Arbitration Act

Reported in : AIR1963SC1742; (1964)66BOMLR68; (1963)GLR973(SC); [1964]2SCR608

Act did not use the word'rate', though it has used the words 'rateable value' in s.154. 25. The Bengal District Municipalities Act (No. III of 1884) provides by s.85 for a rate on the annual value of … which a tenant might reasonably be expected to pay. 11. Finally, in 1925, came the Rating and Valuation Act, 1925, which wasmeant to simplify and amend the law with respect to the making and collectionof rates by consolidation … it wasurged that r. 350-A read with r. 243 was ultra vires Sections 73 and 75 inasmuch asit permitted the fixation of rate at a … buildings rated thereunder,it was ultra vires the Provincial Legislature because of item 55, List I, ofthe Seventh Schedule to the Government of India Act, 1935.

In Re: B.N. Ramakrishna Naidu and anr.

Court : Chennai

Subject : CriminalConstitution

Acts : Madras City Police Act, 1888 - Sections 65; Constitution of India - Articles 14, 20 and 20(3); Evidence Act - Sections 114 and 118; Code of Criminal Procedure (CrPC) , 1898 - Sections 107, 342 and 342(2); Prevention of Corruption Act - Sections 7

Reported in : AIR1955Mad100; 1955CriLJ452

in the following decisions of the Supreme Court of India, viz., -- 'Kedar Nath v. State of West Bengal', : 1953CriLJ1621 (U); -- 'Lach-mandas v. State of Bombay', : 1952CriLJ1167 (V);--'Kathi Raning v. State of Sourashtra', : … sustaining the exception from a statute regulating motor vehicles using the public highways of such vehicles as are used by their owner in transporting his … Cr. P. C., it is specifically provided that no oath shall be administered to the accused person. Similarly, Section 5 of the Indian Oaths Act, 1873, which provides for the compulsory administration of oaths or affirmation to witnesses,