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May 06 1897

Shew Sahay Singh Vs. Mohibul Huq

Court : Kolkata

Decided on : May-06-1897

Subject : Civil

Reported in : (1898)ILR25Cal85

Stevens, JJ.1. This was a suit to set aside a sale for arrears of road and public work cesses on the ground that no notice had been served under Section 10 of Bengal Act VII of 1880, … Road and Public cesses--Appeal to Commissioner--Act XI of 1859, Section 33--Public Demands Recovery Act (Bengal Act VII of 1880), Section 2. -

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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

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Apr 30 1886

Sadhusaran Singh and anr. Vs. Panchdeo Lal and ors.

Court : Kolkata

Decided on : Apr-30-1886

Subject : PropertyCivil

Reported in : (1887)ILR14Cal1

of certain public demands, but Section 1 says that this Act may be called (The Public Demands Recovery Act, 1880). It seems to us that by the words 'any law for the time being in force for the … and at the time provided in Section 27 of Act XI of 1859. But it; is doubtful whether Section 33 of Act XI of 1859 is applicable to the present case. That section says : 'No sale for … we are aware of by which a demand for road and public cesses is realizable in the same manner as arrears of revenue are realizable.

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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

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Jun 28 1943

Dattatraya Vasudev Khatkul Vs. Parashram Anant Moghe

Court : Mumbai

Decided on : Jun-28-1943

Subject : Tenancy

Reported in : AIR1944Bom218; (1944)46BOMLR363

khata No. 84 should be fixed at survey assessment and local fund cess only. Defendant No. 2 as the managing khot having given his consent … Nos. 1 and 2. The other parties shall bear their own costs. Khoti Settlement Act (Bom. I of 1880), Section 17, 18, 20-Occupancy tenant-Payment of rent-Entry in botkhat-Subsequent amendment of entry only with consent of managing khot-Entry ultra … Lokur, J.1. This appeal involves a question of considerable importance under the Khoti Settlement Act, 1880.2. The facts are not in dispute. The plaintiff and defendants Nos. 2 to 17 are co-sharers in the … or 18. The learned Assistant Judge has held that the entry is made under Section 17(a) read with Section 33(c), Rule II(1)(b). This rinding, however, does not fit in with the scheme of the Act.4. Section 3(5) recognises

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Jul 23 1886

Bhawani Ojha and anr. Vs. Ram Logan Ojha and anr.

Court : Kolkata

Decided on : Jul-23-1886

Subject : Civil

Reported in : (1887)ILR14Cal9

sharers in the mehal, his interests were sold for arrears of road cess; and he sues the purchaser and the other persons interested in the … lie in a Civil Court; and the ground for that contention is that, in Bengal Act VII of 1880, Section 19, it is said that a certificate may be enforced and executed by all or any of the … wrongly, an appeal to the Commissioner was made. Nor is it necessary to inquire whether the provisions of Section 33 of Act XI of 1859 have any effect in a case of this kind ; and whether therefore

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Jan 15 2004

The State of West Bengal Vs. Kesoram Industries Ltd. and ors.

Court : Supreme Court of India

Decided on : Jan-15-2004

Subject : ConstitutionOther Taxes

Acts : Constitution of India - Articles 14, 21, 32, 51, 136, 141, 245, 246, 246(1), 246(2), 246(3), 248, 248(2), 249 to 252, 253, 256, 257, 265, 276, 301, 356 and 366; Cess Act, 1980 - Sections 2, 3, 5, 5(1) 6 and 18; West Bengal Primary Education Act, 1973 - Sections 78, 78A, 78(1), 78(2) and 78(2A); West Bengal Rural Employment and Production Act, 1976 - Sections 2 and 4; Cess Act, 1880 - Sections 3, 4, 5, 6(1) and 72; West Bengal Land Reforms Act, 1955 - Sections 23B(1); West Bengal Taxation Laws (Amendment) Act, 1992 - Sections 2; Bengal General Clauses Act, 1899 - Sections 3, 4(2) and 4(2A); West Bengal Taxation Laws (Amendment) Act, 1981; West Bengal Taxation Laws (Amendment) Act, 1989; Mines and Minerals (Development and Regulation) Act, 1957 - Sections 2, 4, 4A , 9, 9(2), 9A, 13(2

Reported in : (2004)187CTR(SC)219; [2004]266ITR721(SC); JT2004(1)SC375; 2004(1)SCALE425; (2004)10SCC201; [2004] 1 SCR 564

are assessed, [or all such properties which    are liable to such assessment] according to the provisions of the    Cess Act, 1880, shall be liable to the payment, of education cess.(2) The rate of the education cess shall be determined … raiyat who is exempted from paying revenue in respect ofhis holding under Clause (a) of Sub-section (1) of Section 23B of the WestBengal Land Reforms Act, 1955 shall be liable to pay rural employment cess.(2) The rural … and Province of Madras v. BodderPaidenna & Sons - AIR 1942 FC 33)6. In the event of a dispute arising it should be determined by

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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

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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 … Production, supply and distribution of goods subject to the provisions of entry 33 of List III.Entry 28 : Markets and fairs.45. It was submitted that … 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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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 … SCC (Cri) 962 : 2000 SCC OnLine SC 936 [2025] 9 S.C.R. 33 Odisha State Financial Corporation v. Vigyan Chemical Industries and Others be a … 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

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