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Mar 30 1973

Mirchumal Samandas and ors. Vs. the Union of India and ors.

Court : Gujarat

Decided on : Mar-30-1973

Subject : Property

Acts : Displaced Persons (Compensation and Rehabilitation) Rules, 1955 - Rule 42; Displaced Persons (Compensation and Rehabilitation) Act, 1954 - Sections 14 and 36

Reported in : AIR1974Guj174

1970 SC 1298 it has been laid down, in the case of a cess payable under the Bengal Cess Act, 1880, that the mode of computation of cess is a matter for the assessing authorities except where the computation … Mr. Majmuder has raised it is necessary for us to have a look at Sections 27 and 36. Section 27 of the Act provides for finality of orders. It reads thus:'Save as otherwise expressly provided in this Act,

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Sep 29 2000

Tata Iron and Steel Co. Ltd. and anr. Vs. the State of Bihar and ors.

Court : Patna

Decided on : Sep-29-2000

Subject : Property

Acts : Bihar Cess Act, 1880 - Sections 5 and 45; Limitation Act - Sections 3 and 4 to 24; Bihar and Orissa Primary Education Act, 1919 - Sections 13; Bihar Health Cess Act, 1977 - Sections 3

writ application the order contained in Annexures 29 and 30 are under challenge. The legislative competence of the Cess Act, 1880 is not under challenge whereas legislative competence of Bihar Health Cess Act, 1977 and Bihar and Orissa Primary … vested in the State of Bihar. By Act 2 of 1961 the Land Reforms Act was amended and Section 2B was substituted whereby certain industrial undertakings including petitioner company were exempted from the operation of the Bihar … (R) and C.W.J.C. No. 2055/92 (R) respectively which were disposed of on 27-3-1996. The Division Bench of this Court affirmed legislative competence of the State

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Nov 25 1992

Kesoram Industries Ltd. (Textile Division) Vs. Coal India Ltd.

Court : Kolkata

Decided on : Nov-25-1992

Subject : Other Taxes

Acts : Constitution of India - Articles 32, 136, 141, 226, 323, 323A and 323B;; West Bengal Taxation Tribunal Act, 1987 - Sections 2, 4, 6 and 6(1), 14 and 15;; Cess Act, 1980;; West Bengal Rural Employment and Production Act, 1976 - Sections 2, 2(1), 3(2) and 4(2);; West Bengal Rural Employment and Production (Amendment) Act, 1992;; West Bengal Primary Education Act, 1973 - Section 78(2);; Indian Contract Act, 1872 - Section 70;; Cess Act, 1880 - Sections 5, 6 and 7;; Code of Criminal Procedure (CrPC) , 1973;; West Bengal Taxation Tribunal (Amendment) Act, 1992;; Madras Village Panchayat Act - Sections 115, 115(1) and (3) and 116;; Madras Revenue Recovery Act, 1984;; Madras Revenue Recovery Act, 1864;; Orissa Cess Act, 1962;; Madhya Pradesh Upkar Adhiniyam, 1981 - Section 11 and

Reported in : AIR1993Cal78

which the amount collected from cess shall be utilised for the development of mining lease areas.' BIHAR Bengal Cess Act 1880 Section 4. 'Royalty for the purpose of this Act in respect of mines and quarries means payment (which includes … the date specified by the State Government under sub-sec. (1) of S. 6. The date so specified is 27th February, 1989 and therefore if any proceeding (other than appeals) was pending before the High Court on that

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Mar 18 1926

Sheikh Intaz Alias Romar Bap and ors. Vs. Dina Nath De Sarkar and ors.

Court : Kolkata

Decided on : Mar-18-1926

Subject : Land Acquisition

Reported in : AIR1926Cal856,96Ind.Cas.72

was not a party to them. In support of his contention he relies upon Section 95 of the Cess Act (IX of 1880 B. C). Section 95 provides that 'Every return filed by or on behalf of any … has then relied on the case of, Promode Chandra Roy v. Binayakdas Acharjya 752 Ind. Cas. 201 : 27 C.W.N. 518 : A.I.R. 1923 Cal. 611. In this decision there is the following passage, 'Now so far

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Mar 31 1995

Tata Iron and Steel Co. Ltd. Vs. State of Bihar and ors.

Court : Patna

Decided on : Mar-31-1995

Subject : Civil

were analysed in detail by Ranganathan, J while examining the Constitutional validity of Orissa Cess Act, 1962, Bengal Cess Act, 1880 and M.P. Kardhan Adhiniyam, 1982. The levy of cess in the aforesaid legislations was similar to the levy … also. Bihar Act was sought to be sustained by relying on Article 277 of the Constitution in view of the fact that cess was being … group of writ applications under Articles 226 and 227 of the Constitution of India necessitate a consideration:(1) Whether Section 89(1) of the Bihar Coal Mining Area Development Authority Act, 1986 (Bihar Act 9 of 1986) (hereinafter to

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Mar 12 1992

Dehri Rohtas Light Railway Company Limited Vs. District Board, Bhojpur ...

Court : Supreme Court of India

Decided on : Mar-12-1992

Subject : Other Taxes

Acts : Bengal Cess Act 9 of 1880 - Sections 5, 6

Reported in : (1992)2SCC598

to how the cess is to be assessed under Section 6 read with Section 5 of the Bengal Cess Act 1880. Based on this judgment reported in 1979 Bihar Bar Council Journal 428, the appellant filed C.W.J.C. No. 1266 … cess as per the agreement dated August 7, 1953 for the period from 1953-54 to 1966-67. 3. On October 27, 1967, the Collector made a demand of Rs 9,86,809.33 paise from the appellant intimating therein that State was

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Sep 10 1890

Saraswati Dasi Vs. Monindra Nath Mookerji

Court : Kolkata

Decided on : Sep-10-1890

Subject : Civil

Reported in : (1891)ILR18Cal125

sale of a taluk of hers, which was sold on the 29th November 1886 for arrears of road cess, amounting to Rs. 2-14, and which taluk was purchased by the defendant. She alleges that she received no … of the Collector, as required by Section 10, Bengal Act VII of 1880; that the proclamation of sale was not duly made; that the estate … the sale was confirmed before the expiry of 60 days from the date of sale, as required by Section 27, Act XI of 1859. The defendant traverses all these allegations, but the Subordinate Judge has found them to

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Mar 12 1992

M/S. Dehri Rohtas Light Railway Company Limited Vs. District Board, Bh ...

Court : Supreme Court of India

Decided on : Mar-12-1992

Subject : Other Taxes

Acts : Constitution of India - Articles 226 and 265

Reported in : AIR1993SC802; JT1992(3)SC573; 1992(1)SCALE637; (1992)2SCC598b; [1992]2SCR155; 1992(2)LC26(SC)

to how the Cess is to be assessed under Section 6 read with Section 5 of the Bengal Cess Act 1880. Based on this judgment reported in 1979 B B C J 428, the appellant filed C.W.J.C. No. 1266 … company paid the cess as per the agreement dated 7.8.1953 for the period from 1953-54 to 1966-1967.3. On 27.10.1967, the Collector made a demand of Rs. 9.86,809.33 paise from the appellant intimating therein that State was not

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Aug 05 2025

Odisha State Financial Corporation versus Vigyan Chemical Industries a ...

Court : Supreme Court of India

Decided on : Aug-05-2025

Subject : MRTP

Reported in : [2025]9S.C.R.1

1990 SC 85] as also Kannadasan [(1996) 5 SCC 670]. Effect of the expression “immovable property” in the Cess Act, 1880 was also not brought to its notice and had the same been done, there would not have been … of any privity of contract, the liability of the appellant is limited strictly to the extent contemplated under Section 29 of the S.F.C. Act, 1951 - The appellant therefore, cannot be saddled with the entire liability arising … the pendency of the suit, the appellant opened a bank guarantee on 27.11.1998 for a sum of Rs.6,36,243/- with Union Bank of India, Cuttack, undertaking

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Jan 05 2009

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

Court : Mumbai

Decided on : Jan-05-2009

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 … & placers and 4 Hectares in respect of other mineral deposits.(D) Rule 27 deals with conditions of mining lease. Rule 27(1)(d) requires lessee to pay … 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

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