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Corporation of Calcutta Vs. Director of Rationing and Distribution

Court : Kolkata

Subject : Criminal

Acts : Calcutta Municipal Act, 1923 - Section 386 and 386(1); ;Bengal General Clauses Act, 1899 - Section 3(32); ;Constitution of India - Article 300; ;Government of India Act, 1935; ;Abolition of Privy Council Jurisdiction Act, 1949 - Section 8; ;Code of Civil Procedure (CPC) , 1908

Reported in : AIR1955Cal282,1955CriLJ792

1923, exempts ships belonging to the Government or His Majesty, except where specially provided. Under Section 8, Bengal Cess Act, Act 9/1880 the Government was not liable to the cesses without the consent of the Governor General in … to the Municipal Committee such sums as may be determined by an officer specially appointed for this purpose.Section 135(1), Railways Act, 1890, lays down, that a railway administration shall not be liable to pay any tax to

Western Coalfields Ltd. Through the Chief General Manager Vs. the Stat ...

Court : Mumbai

Subject : Company

Acts : Companies Act, 1956 - Sections 617; Coal Mines (Nationalization) Act, 1973 - Sections 2, 3, 3(1), 4, 4(2), 5, 5(1), 5(2), 6, 10(1), 11, 11(1), 11(2), 64, 64(4), 68 and 69; Coal Bearing Areas (Acquisition and Development) Act, 1957 - Sections 2, 3(1), 9, 9(1), 10, 10 (1), 10(2), 11, 11(1) and 11(2); Land Acquisition Act; Mines and Minerals (Regulation and Development) Act, 1957 - Sections 2, 5(1), 7(2), 13 and 18; Mines and Minerals (Regulation and Development) Rules; Mines and Minerals (Regulation and Development) Act, 1948; International Airports Authority Act, 1971 - Sections 12, 12 (1), 12(3), 21 to 24 , 31, 33 and 34; Madhya Pradesh Municipalities Act, 1961 - Sections 123, 124 and 127A(2); Madhya Pradesh Municipal Corporation Act. 1956 - Sections 136; Madhya Pradesh Panchayats

Reported in : 2009(4)BomCR414; 2009(111)BomLR502

legislature.(C) In State of West Bengal v. Kesoram Industries Ltd. (supra) facts show that the constitutionality of the Cess Act, 1880, West Bengal Primary Education Act, 1973, West Bengal Rural Development and Production Act, 1976 as amended by the … on determining the general character of the tax.(F) Majority view in paragraph 135 elaborates the cardinal principles in a nutshell as under:135. The relevant principles … and it is Central Government Undertaking in public sector as also the Government Company within the meaning of Section 617 of Companies Act. It is having coal mines in western part of the nation including State of

Manmatha Nath Mitter and ors. Vs. Anath Bandhu Pal Self and as Executo ...

Court : Kolkata

Subject : Land Acquisition

Reported in : 50Ind.Cas.222

be levied upon such value. But having regard to the fact that under Section 20 of the Road Cess Act the landlord is precluded from suing for or recovering any rent not included in there turn no importance … of tenancy--Transfer-ability--Burden of proof--Bengal Tenancy Act (VIII B.C. of 1885), Sections 1(5), 50--Bengal Drainage Act (VI B.C. of 1880), Section 42(a)--Rent, whether includes drainage charges--Decree for rent including drainage charges, whether rent decree--Presumption under Section 50, Bengal Tenancy … of 94 Bighas 6 Cottas 8 Chitaks at a rent of Rs. 135-7-1, whereas in the defendant's conveyance dated the 9th March 1900, though the

The Province of Bombay Vs. the Municipal Corporation of Ahmedabad

Court : Mumbai

Subject : Municipal Tax

Acts : Code of Civil Procedure (CPC), 1908 - Sections 11 - Order 2, Rule 2 - Order 6, Rule 2 - Order 14, Rule 1(2) - Order 21, Rule 2; Bombay Land Revenue Code - Sections 45, 128, 131, 216 and 217; Bombay Land Revenue Rules - Rules 13, 14 and 53; Bombay District Municipal Act, 1901 - Sections 50; Bombay Municipal Boroughs Act, 1925 - Sections 63; Limitation Act, 1877; Limitation Act, 1871 - Schedule - Article 131; Bhagdari Act; Specific Relief Act - Sections 9; Khoti Settlement Act, 1880 - Sections 9; Local Government Act, 1919 - Sections 33 and 153(3); Land Tax Assessment Act, 1910 - Sections 38(7); Chota Nagpur Encumbered Estates Act, 1876 - Sections 2, 3(4) and 12A; Bombay Tenancy Act - Sections 5; Code of Civil Procedure (CPC), 1882 - Sections 13; Estates Land Act - Sections 3(4); Poor Relief

Reported in : AIR1954Bom1; (1953)55BOMLR670; ILR1953Bom1081

of rent for four years--1327 to 1330 B.S. --at Rs. 16 per year together with R-s. 2 for cess and interest on arrears of rent at 75 per cent, under a kabuliyat, in all amounting to Rs. … of redemption to the mortgagees on 9-10-1882; but the sale was void as contravening Section 9, Khoti Settlement Act, 1880, as it then stood. The mortgagees remained in possession of the lands till 1915, when the mortgagors recovered … hereafter are cases of -- 'Ahmed Bhauddin v. Babu AIR 1930 Bom 135 (C);'Keshav v. Gangadhar AIR 1931 Bom 570 (D); --'Savitri v. Holebassappa AIR

The Eastern Mortgage and Agency Co., Ltd. and ors. Vs. Moulvi Mohammad ...

Court : Kolkata

Subject : Education

Reported in : 90Ind.Cas.851

the fraudulent misrepresentation consisting of a representation that 'the properties were free of encumbrances, and that rents and cess due to superior landlords for the properties sold up to the date of the deed of sale were … Jur. (N.S.) 34 : 7 L.T. 372 : 11 W.R. 48 : 135 R.R. 504 observed that where a Receiver or Manager is appointed by … the mind that he may be entitled to recover under the provisions of Section 69 of the Contract Act.4. The plaint, however, does not proceed upon such simple lines. The main plank is that there was fraudulent

Sagar Art Service, New Delhi Vs. Municipal Corporation, Gwalior and an ...

Court : Madhya Pradesh

Subject : Municipal Tax

Acts : Madhya Pradesh Municipal Corporation Act, 1956 - Sections 5(56A), 8, 80(5), 82, 132(2)(1); Electricity Act, 1910 - Sections 2 and 3; Electricity Rules, 1956 - Rule 91; Specific Relief Act, 1963 - Sections 3, 6, 10, 3; Code of Civil Procedure (CPC) , 1908 - Order 39, Rule 1 and 2

Reported in : AIR1988MP46; 1988MPLJ392

which counsel has relied. Section 5(56-A) of the 1956 Act defines the term 'tax' -- 'includes any toll, cess, fee or other impost levied or leviable under this Act'. Power of municipal corporation to acquire and bold … the consideration of the Apex Court in Budhan Singh's case (1969) 2 SCC 481 : (AIR 1970 SC 1880) in the context of the provisions of U. P. Zamindari Abolition and Land Reforms Act. In that case, … imposed under Section 132 or which is charged and levied under Section 135.'11. Reliance is also placed by Shri Dubey on the bye-laws of the

Gadadhur Mullick Vs. the Official Trustee of Bengal

Court : Mumbai

Subject : PropertyFamily

Reported in : (1940)42BOMLR621

appeal be accepted and are stated in their ' Case ' as follows:-It appears from mutation papers and cess returns exhibited in the case that after the death of Rishikesh Dwarkanath Bhanjoo continued to act as sole … that after the death of Rishikesh Dwarkanath Bhanjoo continued to act as sole surviving executor till the year 1880, when he applied for mutation of names in favour of Pura-sundari, and in 1881 or 1882 made over … the suit is barred by limitation and this defence must prevail unless Section 10 of the Indian Limitation) Act, 1908, applies to the case.Section 10. … Hindu law prohibits such a provision. Lord Justice Knight Bruce said (p. 135):-Whatever may have formerly been considered the state of that law as to

Chandi Pershad Vs. Abdur Rahman

Court : Kolkata

Subject : Criminal

Reported in : (1895)ILR22Cal131

is always made clear by express words to that effect. Instances of this may be found in the Cess Act (Bengal Act IX of 1880), Section 94; in the Estates Partition Act (Bengal Act VIII of 1876), Section … horses, etc , specified in the statement. On receiving this statement and the money the Commissioners must under Section 135 give the applicant the license which he has asked and paid for; they have no power to refuse