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Ram Sewak Vs. State of U.P. and ors.

Court : Allahabad

Subject : PropertyConstitution

Acts : Land Acquisition Act, 1894 - Sections 4, 5A, 6, 17, 17(1) and 17(4); Constitution of India - Articles 14 and 245

Reported in : AIR1963All24

delegation - notification acquiring land not mentioning names of holders of plots is in conformity with law. - CANTONMENTS ACT[C.A. No. 41/2006]. Section 346 & Cantonment Fund (Servants Rules, 1937, Rules 13, 14 & 15: [H.L. Gokhale, Ag. … 1894 - names in notification acquiring land not necessary - composite notification. (ii) Constitution - Articles 14 and 245 of Constitution of India - equality and delegated legislation - permissible limits of delegation - notification acquiring land

Vaish College (Society) Shamli and ors. Vs. Sri Lakshmi NaraIn and ors ...

Court : Allahabad

Subject : ServiceConstitution

Acts : Specific Relief Act, 1963 - Sections 14(1); Constitution of India - Article 226; Code of Civil Procedure (CPC) , 1908 - Sections 9; Kanpur and Meerut Universities Act, 1965 - Sections 30, 31, 38 and 50(1); Agra University Act, 1926 - Sections 25C, 25C(1), 25C(2), 28(3) and 29A; Aligarh Muslim University Act, 1920 - Sections 31; Aligarh Muslim University Regulations - Regulations 3 and 10

Reported in : AIR1974All1b

his service had been terminated or he had been reduced in rank in violation of the provisions. - CANTONMENTS ACT[C.A. No. 41/2006]. Section 346 & Cantonment Fund (Servants Rules, 1937, Rules 13, 14 & 15: [H.L. Gokhale, Ag. … and 30 of Agra University Statutes, Section 31 of Aligarh Muslim University Act, 1920 and Article 226 and 245 of Constitution of India - contract of personal service cannot be specifically enforced - writ petition is maintainable

Saraf Infra Projects Ltd. and Anr. Vs. The State of West Bengal and Or ...

Court : Kolkata

Subject : Land Acquisition

its location. The right of the respondents over the concerned land are governed by two statutes, viz., the Cantonment Act, 2006 and the Works of Defence Act, 1903. Sections 628 and 629 of the Act are beyond … location. The right of the respondents over the concerned land are governed by two statutes, viz., the Cantonment Act, 2006 and the Works of Defence Act, 1903. Sections 628 and 629 of the Act are beyond the legislative … the Act. Rather they avoid the conflict with the existing law. Article 245 of the Constitution of India having authorized Parliament to make laws on … writ petition the petitioners have inter alia prayed for a declaration that Sections 628 and 629 of the Kolkata Municipal Act, 1980 (the Act, for

Jagriti Vs. the State and Others

Court : Andhra Pradesh

Subject : Constitution

Acts : Constitution of India - Articles 21, 37, 40, 47, 134A, 245 and 246; Andhra Pradesh (Andhra Area) Prohibition Act, 1937 - Sections 1(3), 2, 3 and 6; Andhra Pradesh Excise Act, 1968 - Sections 1(2), 1(2)9, 15, 17, 18, 20, 28, 33 and 67; Retail Sale Rules, 1993; Indian and Foreign Liquor Rules; Societies Registration Act; The Andhra Pradesh (Andhra Area) Abkari Act, 1886; The Andhra Pradesh (Andhra Area) General Clauses Act, 1867 - Sections 5, 12 and 15; City of Bangalore Municipal Corporation Act, 1949 - Sections 97; Bihar and Orissa Municipal Act, 1922 - Sections 4, 5, 6 and 104; Bombay Agricultural Produce Markets Act, 1939 - Sections 4, 4A, 5, 5A, 5AA, 11 and 29; The Pondicherry General Sales Tax Act; Madras General Sales Tax Act, 1959; Uttar Pradesh Sales Tax Ac

Reported in : AIR1994AP225; 1994(1)ALT376

alcoholism - objects of directive principles not realized fully - not a ground to declare provisions invalid. - CANTONMENTS ACT[C.A. No. 41/2006]. Section 346 & Cantonment Fund (Servants Rules, 1937, Rules 13, 14 & 15: [H.L. Gokhale, Ag. … as they enable the sale of liquor, are violative of Articles 21, 40 and 47 read with Article 245 of the Constitution of India.2. The Andhra Pradesh (Andhra Area) Prohibition Act, 1937 had the effect of rendering

Rainbow Children's Medicare (P) Ltd. Vs. Deputy Commercial Tax Officer ...

Court : Andhra Pradesh

Subject : Sales Tax

Acts : Constitution of India - Articles 14, 245, 246 and 246(3); Andhra Pradesh Tax on Luxuries in Hotels and Lodging Houses Act, 1987 - Sections 2, 3, and 5; Andhra Pradesh Tax on Luxuries in Hotels and Lodging Houses (Amendment) Act, 1996

Reported in : 2002(2)ALT372; [2002]126STC418(AP)

misused - cannot either be struck down on ground of arbitrariness unless some other constitutional infirmity found. - CANTONMENTS ACT[C.A. No. 41/2006]. Section 346 & Cantonment Fund (Servants Rules, 1937, Rules 13, 14 & 15: [H.L. Gokhale, Ag. … the distribution, as between the Union and the States, of the legislative power which is conferred by Article 245. It is true that since the legislative powers of the Legislatures of the Union and the States being

R. Srikant Vs. Govt. of A.P. and ors.

Court : Andhra Pradesh

Subject : Property

Acts : Stamp Act, 1899 - Sections 47A and 47A(2) ; Andhra Pradesh Stamp (Amendment) Act, 1998; Constitution of India - Articles 1 and 245

Reported in : AIR2002AP109; 2002(1)ALT210

amount was burdensome but not violative of Article 14 - held, amendment of stamp duty was constitutional. - CANTONMENTS ACT[C.A. No. 41/2006]. Section 346 & Cantonment Fund (Servants Rules, 1937, Rules 13, 14 & 15: [H.L. Gokhale, Ag. … 47A and 47A (2) of Stamp Act, 1899, Andhra Pradesh Stamp (Amendment) Act, 1998 and Articles 1 and 245 of Constitution of India - Section 47A (2) amended - provided for pre-deposit of difference of stamp duty

K.H. Panjani Vs. State of Uttar Pradesh and anr.

Court : Allahabad

Subject : Labour and IndustrialConstitution

Acts : Factories Act, 1948 - Sections 2 and 85; Constitution of India - Article 245

Reported in : AIR1959All24

which is not technically a Factory yet engaged in manufacturing process - delegation of power not unconstitutional. - CANTONMENTS ACT[C.A. No. 41/2006]. Section 346 & Cantonment Fund (Servants Rules, 1937, Rules 13, 14 & 15: [H.L. Gokhale, Ag. … to manufacturing process. (ii) Constitution - delegation of power - Section 85 of Factories Act, 1948 and Article 245 of Constitution of India - purpose of Factories Act - regulation of labour - Section 85 - State

Mohammad Ibrahim Vs. State of U.P. and ors.

Court : Allahabad

Subject : Constitution

Acts : Constitution of India - Articles 14, 245, 301 and 305; Indian Tolls Act, 1851 - Sections 2

Reported in : AIR1967All24

issue separate notification for each road and each bridge - State Government empowered to issue single notification. - CANTONMENTS ACT[C.A. No. 41/2006]. Section 346 & Cantonment Fund (Servants Rules, 1937, Rules 13, 14 & 15: [H.L. Gokhale, Ag. … costs of these petitions. (i) Constitution - constitutional validity - Section 2 of Tolls Act, 1851 and Article 245 of Constitution of India - power of deciding rates of tax left to State Government - State Government

Oudh Sugar Mills Ltd., Hargaon Vs. State of U.P. and anr.

Court : Allahabad

Subject : PropertyConstitution

Acts : Constitution of India - Articles 14, 49, 245 and 246; Uttar Pradesh Large Land Holdings Tax Act, 1957 - Sections 3(1), 5, 5(2), 7, 11 and 12; Tenancy Law; Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1951 - Sections 251 and 267

Reported in : AIR1960All136

taxation progressive in nature - progressive rate has valid justification - held, Act not discriminatory in nature. - CANTONMENTS ACT[C.A. No. 41/2006]. Section 346 & Cantonment Fund (Servants Rules, 1937, Rules 13, 14 & 15: [H.L. Gokhale, Ag. … dismiss all these writ petitions and the Special Appealwith costs. (i) Constitution - validity of Act - Articles 245 and 246 and Schedule VII List II Entry 49 of Constitution of India and Proviso to Section 3

Smt. Shama Bai and anr. Vs. State of Uttar Pradesh, Lucknow and ors.

Court : Allahabad

Subject : Constitution

Acts : Constitution of India - Articles 14, 19, 19(1), 22, 23, 35, 226 and 245; Suppression of Immoral Traffic in Women and Girls Act, 1956 - Sections 3 to 10, 12, 18 and 20

Reported in : AIR1959All57

under Article 23 - prohibition under Article 23 prevails - held, Act not ultra vires and unconstitutional. - CANTONMENTS ACT[C.A. No. 41/2006]. Section 346 & Cantonment Fund (Servants Rules, 1937, Rules 13, 14 & 15: [H.L. Gokhale, Ag. … The petition is accordingly rejected. Constitution - validity of Act - Articles 19 (1) (g), 23, 25 and 245 of Constitution of India and Suppression of Immoral Traffic in Women and Girls Act, 1958 - petitioner a