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Sooraram Pratap Reddy and ors. Vs. District Collector, Ranga Reddy Dis ...

Court : Supreme Court of India

Subject : Property

Acts : Land Acquisition Act, 1894 - Sections 1, 3, 4 to 17, 17(1), 17(2), 17(4), 18 to 28A, 29 to 30, 31 to 34, 35 to 37, 38 to 44B, 45 to 55; Andhra Pradesh Urban Area Development Act, 1975; Zoning Regulations; Environment (Protection) Act, 1986; Water (Prevention and Control of Pollution) Act, 1974; Land Acquisition (Amendment) Act, 1923; Companies Act, 1956 - Sections 3; Land Acquisition (Amendment) Act, 1984; Societies Registration Act, 1860; Bihar Land Reforms Act, 1950; Bombay Land Requisition Act, 1948; Infrastructure Development Act; Andhra Pradesh Infrastructure Development Enabling Act, 2001; Indian Companies Act, 1913; Land Acquisition (Amendment) Act, 1962 - Sections 40(1); Industries Development and Regulation Act, 1951; Delhi Development Act, 1957; Constitution of Ind

Reported in : 2008(6)ALD19(SC); 2008(4)AWC3875(SC); JT2008(9)SC622; RLW2008(4)SC2794; 2008(12)SCALE367; (2008)9SCC552; 2008(6)Supreme402; (2007) 1 SCC64125

Bench of this Court considered vires of the Bombay Land Requisition Act, 1948 (Act 23 of 1948). Interpreting provisions of the Constitution and Schedule VII … and the Authorities were directed to proceed to hear objections of the owners/interested persons by following procedure under Section 5A of the Act. According to the appellants, the High Court was wholly wrong in dismissing the writ petition … the appellants, with mala fide intention and oblique motive to transfer valuable land of small farmers to a foreign company and few selected persons with vested interest.4. A notification under Section 4 of the Act was published … filed by the appellants being aggrieved and dissatisfied with the judgment and order passed by the High Court of Andhra Pradesh in various Letters Patent

A.R. Antulay Vs. Ramdas Sriniwas Nayak and anr.

Court : Supreme Court of India

Subject : Criminal

Acts : Criminal Law (Amendment) Act, 1952 - Sections 6, 6(1), 8, 8(1), 8(3) and 9; Code of Criminal Procedure (CrPC) , 1973 - Sections 24, 190, 193, 200, 202, 202(2), 225, 238 to 250, 252 to 258 and 321; Prevention of Corruption Act, 1947 - Sections 5A

Reported in : AIR1984SC718; (1984)86BOMLR228; 1984CriLJ647; 1984(1)Crimes547(SC); 1984(1)SCALE239; (1984)2SCC500; [1984]2SCR914; AIR 1984 SC 7187

Health Officer. The first order passed by the Chairman on February 6, 1948, delegated to the Vice-Chairman all his powers, duties and functions in respect … consequently rejected the first contention. In reaching this conclusion the learned Judges held that a prior investigation under Section 5A of the Prevention of Corruption Act, 1947 ('1947 Act' for short) by a police officer of the designated … but can be entertained and proceeded with according to law. Locus standi of the complainant is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of … rejection of his application by the learned special Judge as per his order dated October 20, 1982.2. The various stages through which Special Case No.

Standing Conference of Public Enterprises vs.govt. Of n.c.t. Of Delhi ...

Court : Delhi

Subject : Right to Information

by the Central Government or in relation to an industrial dispute concerning a Dock Labour Board established under section 5A of the Dock Workers (Regulation of Employment) Act, 1948 (9 of 1948), or the Industrial Finance Corporation of … of Article 239AA in the Constitution, it went on to hold that “the concept of State Government is foreign to the administration of Union Territories and Article 239 provides that the Union Territory is to be administered … moved this Court, by means of the present writ petition, challenging the order dated 16th February 1996, as well as the award, dated 2nd December

Rambhai Lakhabai Bhakt Vs. State of Gujarat and Others

Court : Supreme Court of India

Subject : Property

Reported in : AIR1995SC1549; (1996)1GLR175; JT1995(5)SC192; (1995)2MLJ76(SC); 1995(3)SCALE172; (1995)3SCC752; [1995]3SCR272

it is not a fit case for interference. It is seen that admittedly a notice was issued under Section 5A to the petitioner on July 18, 1991 calling upon the petitioner to submit his written objections, if any, … and the Commissioner in terms of the: provisions 'of the Act and the question of ultra vires is foreign to the scope of its jurisdiction. If an assessee raises such a question, the Tribunal can only reject … ORDER1. After hearing learned Counsel for the petitioner at length, we find that … appellant-company was carrying on the business of building contractors. During the years 1948-49 to, 1952-53, the appellant was assessed to sales-tax on the basis that

Balaji Paper Boards (P) Ltd. and Vs. Collector of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Subject : Excise

Reported in : (1998)(62)ECC631

The Supreme Court observed that Rule 24 as amended in the year 1948, though was not ultra vires Section 5A(8) of the Income Tax Act 1922, was repugnant to the provisions of Section 33(4) of the said Act, … a permission could also be ex post facto. The expression used in the relevant Section 29(1) of the Foreign Exchange Regulation Act 1973, was "general or special permission of the Reserve Bank of India". The expression was … was adjudicated by the Collector of Central Excise, Bombay, who under his Order-in-Original No. 33 of 1984 dated 7.1.1985 after analysing the submissions of the

Jana Jagruthi Samithi Vs. Union of India (Uoi)

Court : Karnataka

Subject : Constitution

Acts : Constitution of India - Article 226; Forest (Conservation) Act, 1990; Indian Electricity (Supply) Act, 1948 - Sections 29; Land Acquisition Act, 1894

Reported in : ILR1991KAR2939; 1991(2)KarLJ524

this case.8. Originally under Section 29 of the Indian Electricity (Supply) Act, 1948, the proposal to locate the Project in question was published, and number … acquiring lands by invocation of urgency clause viz. Section 17(4) of the Act dispensing with statutory enquiry under Section 5A of the Act. Therefore, we do not propose to deal with it again here.Annexure-XIII to the Statement of … Finance, Sri S.B. Chavan on behalf of the Government of India and by Sri K.F. Katushev, Minister of Foreign Economic Relations, Government of USSR, which is produced at Annexure III.It is further submitted that the very fact … ORDERMohan, C.J.1. In all these Writ Petitions which are filed as Public Interest

income-tax Officer Vs. Poyilakkada Fisheries (P.) Ltd.

Court : Income Tax Appellate Tribunal ITAT Cochin

Subject : Direct Taxation

Reported in : (1985)14ITD224(Coch.)

the period of thirty-three years next following the 1st day of April, 1948, or such further period as the Central Government may, by notification in … market and subjects them to different processes, etc., leading finally to a commodity which is mostly exported to foreign countries. One account of the activity carried on by the assessee is as under : The catch of … on that day. The assessee's claim for the assessment year 1975-76 was rejected by the ITO. The assessment order for that year was passed on 9-6-1977 after the demand notice was issued. On the basis of method … of the Commissioner (Appeals) on this point.8. The assessee claimed deduction under Section 80J of the Income-tax Act, 1961 ('the Act') on the capital employed … identity. (p. 1228) This case dealt with Section 5A(1)(a) of the Kerala General Sales Tax Act, 1963

Babu Barkya Thakur Vs. the State of Bombay and ors.

Court : Supreme Court of India

Subject : Constitution

Acts : Constitution of India - Articles 14, 19(1), 31(2), 31(5) and 32; Land Acquisition Act, 1894 - Sections 3, 4, 5A, 6 to 37, 39, 40 and 41; Indian Companies Act, 1913; Societies Registration Act, 1860; Co-operative Societies Act; Land Acquisition (Amendment) Act, 1923 - Sections 5A; Bombay Land Acquisition Act, 1948

Reported in : AIR1960SC1203; [1961]1SCR128

question was whether the Bombay Land Acquisition Act (Bombay Act XXXIII of 1948) was invalid inasmuch as the purpose for the requisition was not in … Companies, the preliminary notification under s. 4 has reference only to public purpose and not to a Company.10. Section 5A, which was inserted by the amending Act of 1923 and makes provision for hearing of objections by any … Export Promotion Act, 958, which was enacted for the purpose of exporting sugar with a view to earning foreign exchange. The impugned Act imposed the following restrictions on the owners of factories producing sugar by the vacuum … the State of Bombay, now known as the State of Maharashtra.2. In order to appreciate the controversy raised in this case, it is necessary to

Joydeep Mukherjee and ors. Etc. Etc. Vs. State of West Bengal and ors. ...

Court : Kolkata

Subject : Property

Acts : Land Acquisition Act, 1894 - Sections 2(2), 3, 3A, 4, 4(1), 4(2), 5A, 6, 6A, 6(1), 6(2), 6(3), 7, 8, 9, 9(1), 9(2), 9(3), 11, 11A, 11(1), 11(2), 11(4), 12, 12(2), 16, 17, 17(4), 18, 18(1), 18(31), 23, 23(1), 24, 24A, 26, 28A, 28(1), 31, 31(1), 31(4), 37, 38, 38A, 39, 40, 40(1), 41, 41B, 42, 45, 45(1), 45(2), 45(3) and 52A; ;Companies Act, 1956 - Section 617; ;West Bengal Land Reforms Act, 1955 - Sections 2(2), 4, 15(2), 17 and 21D; ;Right to Information Act (RTI); ;Societies Registration Act, 1960; ;KIAD Act - Section 28(1) and 28(2); ;Land Acquisition (Amendment) Act, 1984; ;Validation Act; ;Land Acquisition (Amendment) Act, 1962; ;Companies Act, 1882; ;Co-operative Societies Act, 1912; ;Orissa Estates Abolition Act, 1952; ;Rent Restriction Act; ;Town and Country Planning Act, 1947 - Sect

Reported in : 2008(2)CHN546

Section 11(1) of the said Act is illegal. It was further alleged that the notification inviting objections under Section 5A of the said Act was wholly illusory and a fraud was committed in respect of the hearing of … Under Section 6 of the aforesaid Act.All land owners and interested parties as well as any nationalized or foreign bank's representative, Central Government, State Government, Government Undertaking, Department or representative of any other private sectors, are to … (Companies) Rules, 1963 (hereinafter referred to as 'the said Rules') and in order to avoid the said procedure it has been stated that the acquisition … with gross unreasonableness. [See Associated Provincial Picutre Houses Ltd. v. Wednesbury Corporation 1948(1) KB 223]. In the words of Lord Machghten in Westminster Corporation v.

Andhra Sales Tax Practitioners and Consultants Association Vs. Anantha ...

Court : Andhra Pradesh

Subject : Sales Tax

Acts : Andhra Pradesh General Sales Tax Rules, 1957 - Rule 17, 17(5-A), 27, 63, 63(3) and 63-A; Andhra Pradesh General Sales Tax Act, 1957 - Sections 35, 39, 39(1) and (2); Central Sales Tax Act, 1956 - Sections 9(2), 13(1) and (3); Central Board of Revenue Act, 1924; Central Sales Tax Rule - Rule 11; Chartered Accountants Act, 1949; Income Tax Act, 1961 - Sections 44-AB, 44-AC, 288 and 288(2); Constitution of India - Article 19(1) and (6); Uttar Pradesh Sales Tax Rules, 1948 - Rule 12-A; Uttar Pradesh Sales Tax Act, 1948 - Sections 24(2); Motor Vehicles Act

Reported in : 2002(1)ALD370; 2002(2)ALT250

High Court held that Rule 12-A of the UP Sales Tax Rules, 1948 framed by the UP State Government in exercise of the power conferred … of invalidity. Mala fide exercise of power only means that the statutory power is exercised for the purposes foreign to those, for which it is in law intended. We may draw sustenance in support of the above … 63 of the APGST Rules, 1957, the procedure for registration of a Sales Tax Practitioner is specified. In order to be a qualified Sales Tax Practitioner, a person should possess a degree in commerce or law of … in the affidavit filed in support of Writ Petition No.20211 of 2001.(i) Section 35 of APGST Act provides that any person who is entitled to