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Mar 11 2008

Ramgarh Cantonment Board and anr. Vs. State of Jharkhand and ors.

Court : Supreme Court of India

Decided on : Mar-11-2008

Subject : Other Taxes

Acts : Cantonments Act, 1924 - Sections 60 and 60(1); Bihar and Orissa Municipal Act, 1922 - Sections 3(30), 3(30A), 82, 137, 138, 150, 326 and 356; Madhya Pradesh Municipalities Act, 1961 - Sections 127 and 127(1); Madhya Pradesh Motor Vehicles Taxation Act - Sections 3(2)

Reported in : JT2008(3)SC590; 2008(4)SCALE162; (2008)11SCC223; (2008)15VST550(SC); 2008AIRSCW2223

on vehicles entering into the cantonment area.3. Appellant No. 1, Ramgarh Cantonment Board, a board constituted under the Cantonments Act, 1924 (hereinafter referred to as the Act), in exercise of the power vested in it under Section 60 of … levy entry tax, it is necessary to find whether the municipality has similar power to levy entry tax.9. Chapter IV of the Bihar and Orissa Municipal Act, 1922 (for short 1922 Act) deals with the subject of … animals. It would be appropriate to notice the relevant portion of Section 137, which deals with tax on vehicles, horses and other animals The relevant

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Aug 21 2008

Agricultural Produce Market Committee, Narela, Delhi Vs. Commissioner ...

Court : Supreme Court of India

Decided on : Aug-21-2008

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2(1), 10, 10(20), 10(26AAB) and 260A; Finance Act, 2002; Cantonments Act, 1924 - Sections 3; General Clauses Act, 1897 - Sections 3(31); Delhi Agricultural Produce Marketing (Regulation) Act, 1998 - Sections 5, 22(1), 22(2), 62 65, 88, 88(1), 88(2) and 88(3); Delhi Development Act, 1957; Payment of Bonus Act, 1965 - Sections 32; Constitution of India (Seventy-third Amendment) Act, 1992; Constitution of India (Seventy-fourth Amendment) Act, 1992; Constitution of India - Articles 243, 243P, 243 and 243ZF

Reported in : (2008)218CTR(SC)433; [2008]305ITR1(SC); JT2008(10)SC17; 2008(11)SCALE540; (2008)9SCC434; 2008AIRSCW6285; 2008(6)Supreme520; 2008(11)SCALE540

management of a Municipal or local fund; or (iv) Cantonment Board as defined in Section 3 of the Cantonments Act, 1924 (2 of 1924);12. Mr. M.L. Verma, learned senior counsel appearing on behalf of the appellants, submitted that AMC(s) … Act. (vi) such other functions of like nature as may be entrusted to the Board by the Government. CHAPTER V MARKET OF NATIONAL IMPORTANCE 26. Establishment of market of national importance and Marketing Committee thereof -(1) Notwithstanding

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Jul 23 2008

Chief Executive Officer, Cantonment Board Vs. Tenzing Gopu Lama and Et ...

Court : Guwahati

Decided on : Jul-23-2008

Subject : Criminal

respectively.4. The complaints were filed by the Cantonment Board through its Estate Officer under Section 184 of the Cantonments Act, 1924 alleging illegal constructions on the land belonging to the Cantonment Board without due permission. Since the Offences were … Since the Offences were triable under summons procedure, the learned Judicial Magistrate took cognizance of the offence under Chapter XX of Cr.P.C. and proceeded with the cases by way of explaining the substance of accusations to the

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Aug 21 2007

Dinesh Pouches Ltd. Vs. State of Rajasthan and ors.

Court : Rajasthan

Decided on : Aug-21-2007

Subject : Sales Tax/VAT

Reported in : (2008)16VST387(Raj)

which came into existence after the commencement of the Constitution constituting municipalities or other institutions of self-governance like cantonments, notified area or panchayats had provided for levy and collection of octroi, that is to say, tax on … under the Haryana Municipal Act, 1973, or a Town Board or a Cantonment Board established under the Cantonment Act, 1924, or a zila parishad established under the Haryana Panchayati Raj Act, 1994, or any other local authority constituted … the petitioner has challenged the levy being ultra vires Article 301 under Chapter XIII of the Constitution of India. It is submitted by learned Counsel … a panchayat established under the Rajasthan Panchayati Raj Act, 1994 (Act No. 13 of 1994), or(ii) a municipality established under the Rajasthan Municipalities Act, 1959

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Nov 28 2005

J. Pratap Reddy Vs. Union of India (Uoi) and ors.

Court : Delhi

Decided on : Nov-28-2005

Subject : Civil

Acts : Cantonments Act, 1924 - Sections 10, 13, 13(3), 14, 14(1), 14(2), 14(4) and 14(5); Merchant Shipping Act, 1854 - Sections 374; Uttar Pradesh Muslims Waqfs Act, 1936 - Sections 5(2); Kerala Agriculturists Debt Relief Act, 1970 - Sections 4(1); Income Tax Act, 1922 - Sections 46(7); Railway Servants (Discipline and Appeal) Rules, 1968 - Rule 14(1)

Reported in : 127(2006)DLT526; 2006(86)DRJ251

retrospectively extending the term of the Cantonment Board, Secunderabad under the first proviso to Section 14(4) of the Cantonments Act, 1924 (hereinafter referred to as 'the Act') after the expiry of the period for which the board was constituted. … there are exceptional situations where we may have to depart from the literal rule of interpretation. Thus, in Chapter 11 entitled 'Exceptional Construction' in 'Maxwell on the Interpretation of Statutes', Twelfth Edition, it is stated:-'Where the language … mode of constitution of a Cantonment Board has been prescribed in Section 13 of the Act. The statutory term of the last Cantonment Board of

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Jan 07 2014

Union of India and ors. Vs. Vasavi Co-op. Housing Society Ltd. and ors

Court : Supreme Court of India

Decided on : Jan-07-2014

Subject : Land Acquisition

in the context of the history of the Secunderabad Cantonment. Reference was made to the provisions of Cantonment Act, 1924 and it was pointed out that the Secunderabad and Aurangabad Cantonment Land Administration Rules, 1930 do not apply … the partition deed or settlement deed. The A.P. Survey and Settlement Mannual, Chapter XIII deals with pot kharab land, which is generally a non-cultivable land … and 51 guntas, out of Survey No.1, 60 and 61 of Kakaguda village comprising G.L.R. Survey No.445 of Cantonment belongs to the first Defendant, which is locally managed and possessed by Defendant No.3 being local representative of … deed dated 11.12.1939 (Ex.A2). In the subsequent re-settlement of village (Setwar of 1353 FASLI), the land in Survey No.53 was re-numbered as Survey No.60, 61

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May 23 1975

State of U.P. Vs. Smt. Ram Sri and anr.

Court : Allahabad

Decided on : May-23-1975

Subject : PropertyCivil

Acts : Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1951 - Sections 4, 6, 9, 117(1), 117(2) and 117(6); Code of Civil Procedure (CPC) , 1908 - Sections 96 - Order 26, Rule 10(2); Evidence Act, 1872 - Sections 3 and 35; Limitation Act, 1908 - Schedule - Articles 47, 112 and 149; Code of Criminal Procedure (CrPC) - Sections 145; Uttar Pradesh Zamindari Abolition and Land Reforms (Amendment) Act, 1961 - Sections 9

Reported in : AIR1976All121

Mahapalika Adhiniyam, 1959, the United Provinces Municipalities Act, 1916, the United Provinces Town Areas Act. 1914, or the Cantonments Act, 1924, as the case may be had vested in the State under this Act shall vest in the Gaon … with the settlement of private wells, trees in abadi and buildings with the existing owners or occupiers thereof. Chapter VII concerns with the Gaon Sabha. A Gaon Sabha is a body corporate having been created under Section … the defendant, whereas plot No. 102 was converted into abadi prior to 1319 Fasli, and the shops and the houses standing on the land belonged

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May 10 1951

Raja Suryapalsingh and ors. Vs. the U.P. Govt.

Court : Allahabad

Decided on : May-10-1951

Subject : Constitution

Acts : Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950; Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1951 - Sections 4(2), 27, 113 and 114; Constitution of India - Articles 13, 14, 19(1), 25, 25(1), 26, 31, 31(2), 31(4), 245, 246 and 294; ; Land Acquisition Act, 1894 - Sections 6; Govt. of India Act - Sections 299; ; Crown Grants Act, 1895 - Sections 3; Constitutional Law; Uttar Pradesh Panchayat Raj Act, 1947 - Sections 3 and 4

Reported in : AIR1951All674

to membership of a particular body; see, for example, the Indian Bar Councils Act, 1926, Section 4, the Cantonment Act, 1924, Sections 13(8), 18(4) & 13(5), the United Provinces District Boards Act, 1922, Section 4(2) & the … membership of a particular body; see, for example, the Indian Bar Councils Act, 1926, Section 4, the Cantonment Act, 1924, Sections 13(8), 18(4) & 13(5), the United Provinces District Boards Act, 1922, Section 4(2) & the United Provinces … acquiring property is a subject dealt with under Article 31 in the Chapter of Fundamental Rights. We are clearly of opinion that in such circumstances

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Oct 12 1978

P.S. Gill and ors. Vs. Union of India and ors.

Court : Delhi

Decided on : Oct-12-1978

Subject : Property

Acts : Land Acquisition Act, 1894 - Sections 4; Delhi Development Act, 1957; Indian Works of defense Act, 1903; Cantonment Act, 1924; Constitution of India - Article 226

Reported in : 16(1979)DLT266; ILR1979Delhi601; 1979RLR497

been included within the limits of the Cantt. by a notification dated 2-5-1942 under Section 4(3) of the Cantonments Act. 1924 (hereinafter referred to as 'the 1924 Act'). On 4th December. 1962, notifications were issued by the Government of … in a cantonment as a municipality has in the State wherein the Cantonment is situated. (Section 60 and Chapter V). The Board is in charge of a Cantonment Fund to which are credited all sums received by … the Delhi Cantonment' is then repeated, again and again, in paras 8. 13, 22 and 29(d). It is not quite clear what the respondent means

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Mar 10 1995

Municipal Corporation for City of Pune and Another Vs. Bharat Forge Co ...

Court : Supreme Court of India

Decided on : Mar-10-1995

Subject : Other Taxes

Acts : Cantonments Act, 1880 - Sections 21, 22; Cantonments Act, 1924 - Sections 45(1), 60 to 63 and 81(2) and 255; General Clauses Act - Sections 21; Constitution of India - Articles 21, 226 and 265; Bombay Municipal Act, 1872; Bombay District Municipal Act, 1873; Cantonments Act, 1910; Bombay Provincial Municipal Corporations Act, 1949 - Sections 32(4); Limitation Act, 1623; Sex Disqualification Act, 1919; Statute Law (Repeals) Act, 1906; Central Sales Tax Act, 1956 - Sections 8(2); Cantonment (Extention of Rent Control Laws) Act, 1957 - Sections 3

Reported in : AIR1996SC2856; JT1995(3)SC312; 1995(2)SCALE245; (1995)3SCC434a; [1995]2SCR716; (1995)2UPLBEC740; (1995) 3 SCC 434

Notification relating to assessment, collection and recovery of octroi duties.8. After the aforesaid Notifications had been issued, the Cantonments Act, 1924 was enacted. Chapter V of this Act is on the subject of 'Taxation'; and Sections 60 to 63 … a xerox copy of relevant notings of which has been made available to us by him. At page 13 of this collection we find mention of the fact that rates of octroi duties to be imposed and

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