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Apr 28 2016

Shivappa and Others Vs. The State of Karnataka, rep. by it Secretary a ...

Court : Karnataka Dharwad

Decided on : Apr-28-2016

Subject : Land Acquisition

vs- Prafulla Churan Law and others [2011(4) SCC 769]; m) Shyman Nandan Prasad and others vs- State of Bihar and others [1993(4) SCC 255]; 14. Per contra, Sri M.R. Naik, learned Advocate General for the State Government-respondent … which was conceived to ensure supply of water to the farmers for irrigation as well as drinking purpose through canal system in the region; that … to the same. However, the acquiring authority invoking the emergency provision under Section 17(1) and (4) of the Act, Section 5-A enquiry was dispensed with. It is further stated that in pursuance of notification under Section 6(1) of

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Apr 28 2016

Shivappa S/O Shankrappa Vadagalla Vs. The State of Karnataka

Court : Karnataka Dharwad

Decided on : Apr-28-2016

Subject : Land Acquisition

others -vs- Prafulla Churan Law and others [2011(4) SCC769; m) Shyman Nandan Prasad and others -vs- State of Bihar and others [1993(4) SCC255; 14. Per contra, Sri M.R. Naik, learned Advocate General for the State Government-respondent Nos. … which was conceived to ensure supply of water to the farmers for irrigation as well as drinking purpose through canal system in the region; that … to the same. However, the acquiring authority invoking the emergency provision under Section 17(1) and (4) of the Act, Section 5-A enquiry was dispensed with. It is further stated that in pursuance of notification under Section 6(1) of

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Mar 28 1962

The Collector of Monghyr and ors. Vs. Keshav Prasad Goenka and ors.

Court : Supreme Court of India

Decided on : Mar-28-1962

Subject : Civil

Acts : Bihar Private Irrigation Works Act, 1922 - Sections 3, 4, 5, 5(1), 5A, 5A(1), 5B, 7, 8, 11, 12, 32A, 32B, 46 and 47; Constitution of India - Articles 20(3), 226 and 320(3); Bihar Land Reforms Act, 1950; Bihar Private Irrigation Works (Amendment) Act, 1939

Reported in : AIR1962SC1694; 1962(0)BLJR863; [1963]1SCR98

because of the common point raised in them which relates to the proper construction of section 5A of the Bihar Private Irrigation Works Act, 1922 (Bihar and Orissa Act, 5 of 1922), which will be hereafter referred to … the probable cost of the proposed work of repair, extension or alteration.' 6. Section 5 which follows sets out the powers of the Collector and … not. 17. We shall first proceed to consider the place of section 5A in the scheme of the Act. Section 3(a) deals with the same type of cases as that dealt with by section 5A, viz., that the

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Dec 13 2002

Haradhan Dutta and ors. Vs. State of Bihar and ors.

Court : Jharkhand

Decided on : Dec-13-2002

Subject : Property

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 100; ;Bihar Land Reforms Act, 1950 - Sections 3 and 4

Reported in : 2003(51)BLJR151; [2003(1)JCR344(Jhr)]

an encumbrance which was wiped out on the vesting of the land in the State of Bihar under the Bihar Land Reforms Act.'6. Mr. N.K. Prasad, learned Sr. Counsel appearing for the plaintiffs-appellants assailed the impugned judgment and … of Rs. 3 only. The plaintiffs alleged to have taken settlement of the tank for the purpose of irrigation of the lands near the tank and for utilizing its silt as manure of his paddy land for … all interests of the proprietors and tenure-holders in favour of the State. Section 3 of the said Act empowers the State Government to declare, by

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Mar 23 1994

Patna Branch Accountant General Office Housing Cooperative Society Ltd ...

Court : Patna

Decided on : Mar-23-1994

Subject : Property

that the petitioner-Society was registered as a Housing C6-operative Society in the year 1972 under the provisions of the Bihar and Orissa Co-operative Society Act, . 1948. With a view of allot building sites to its members, on … the land in question which also gave some income to these respondents. Irrigation facility was available since there was-a State Tube well located on the … Acquisition Act. The said memo of agreement is Annexure-2 to the writ application. Thereafter the requisite declaration under Section 6 was notified and published in the District Gazette on 1st September, 1980, in relation to 54, 75 acres

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Aug 17 1982

Sampuran Singh Vs. State of Punjab

Court : Supreme Court of India

Decided on : Aug-17-1982

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) - Sections 417, 417(3) and 482; Constitution of India - Articles 309, 310, 311 and 311(1); Prevention of Corruption Act, 1947 - Sections 6(1); Indian Penal Code (IPC) - Sections 120-B, 161, 164, 165, 409, 420, 461 and 471; Evidence Act - Sections 74 and 80

Reported in : AIR1982SC1407; 1983(1)Crimes49(SC); [1982(45)FLR272]; (1982)IILLJ281SC; 1982(1)SCALE647; (1982)3SCC200; 1982(2)SLJ551(SC)

and the Cane Commissioners of those States. For the seasons 1966-67 and 1967-1968 a sugar mill situate on the Bihar side of the border sought to have the area reserved for itself but by order dated November 30, … work relating to desalting of 'Kasur Nallah' was taken up by the Irrigation Department. On 26-7-1973, on the basis of certain complaint, the Vigilance Department … sanction was competent to do so with in the meaning of Section 6(c) of the Prevention of Corruption Act. Section 6(c) contemplates that the sanctioning authority must be competent to remove the person from his office. Rule 8

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Apr 04 1991

M/S. Orissa Cement Ltd. and ors. Vs. State of Orissa and Others

Court : Supreme Court of India

Decided on : Apr-04-1991

Subject : Other Taxes

Acts : Orissa Cess Act, 1962 - Sections 5, 6, 7 and 10; Constitution of India - Articles 32, 136, 142, 226, 245, 265, 301 and 304; Madhya Pradesh Upkar Adhiniyam, 1982 - Sections 11; Orissa Mining Areas Development Fund Act, 1952 - Sections 3, 4, 5; Local Mines Labour Welfare Fund Act, 1947; Madras Panchayats Act, 1958 - Sections 115(1) and 116; Orissa Cess Rules, 1963 - Rule 6A; Orissa Municipal Act, 1950; Orissa Grama Panchayats Act, 1948; Orissa Panchayat Samiti and Zila Parishad Act, 1959; Orissa Grama Panchayat Act, 1964; Bihar Finance Act, 1981; Bihar Finance Act, 1982; Madhya Pradesh Upkar Adhiniyam, 1981; Madhya Pradesh Upkar (Sanshodhan) Adhiniyam, 1987; Madhya Pradesh General Clauses Act, 1957 - Sections 24-A; Madhya Pradesh General Sales Tax Act, 1958 - Sections 3; The Ma

Reported in : AIR1991SC1676; JT1991(2)SC439; 1991(1)SCALE617; 1991Supp(1)SCC430; [1991]2SCR105

made in such proportion as may be prescribed. BIHAR: We shall now turn to the relevant provisions of the Bihar Act. Bihar is governed in this respect by the provisions of the Bengal Cess Act (Act IX of … cess payable to the government for water supplied or used for the irrigation of land, royalty, lease amount or other sum payable to the government … and the cess on land held in connection with mineral rights were the tax levied under the said Act. Section 12: The proceeds of the cess on land held in connection with the mineral rights may be utilised … coming to this conclusion the Court pointed out that the rule-making powers conferred on the Central Government under Section 6(2) of the Act included the levy and collection of royalties, fees and taxes in respect of minerals, mines,

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May 18 2010

Ashok Kumar Todi Vs. Kishwar Jahan and ors.

Court : Kolkata

Decided on : May-18-2010

Subject : Criminal

Acts : Special Marriage Act, 1954 - Sections 3 and 11; ;Commissions of Inquiry Act, 1952 - Section 3; ;Delhi Special Police Establishment Act; ;Code of Criminal Procedure (CrPC) , 1861 - Section 139; ;Code of Criminal Procedure (CrPC) , 1872 - Section 112; ;Code of Criminal Procedure (CrPC) , 1973 - Sections 41(1), 154, 154(1), 154(3), 156, 156(1), 157, 169, 173, 174, 175 and 190; ;Indian Penal Code (IPC) - Section 302; ;Constitution of India - Articles 12, 14, 20(2), 21, 32, 144 and 226

Reported in : AIR2011SC1254

India and Ors. reported in : (1996) 11 SCC 582; 4. Minu Kumari and Anr. v. State of Bihar and Ors. reported in (2006) 4 SCC 667; 5. Common Cause, A Registered Society v. Union of India … 171; 13. A.R. Antulay v. R.S. Nayak and Anr. reportedin : (1988) 2 SCC 602; 14. Secretary, Minor Irrigation & Rural Engineering Services, U.P. and Ors. v. Sahngoo Ram Arya and Anr. reported in : (2002) 5 … men of the respondent Nos. 3, 4, 5, 6, 7, 8 and 9 at the instance of … conscionable justice be done; c) A Declaration do issue declaring that the acts and/or actions as complained in the petition against Respondent Nos. 4 to … Kumar, DC, DD I; Sri Sukanti Chakraborty, Assistant Commissioner of Police (Anti-Rowdy Section) Lal Bazaar and Krishnendu Das, Sub-Inspector, Anti-Rowdy Section be forthwith be handed

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Apr 12 1990

The K.C.P. Ltd. Vs. Government of Andhra Pradesh and Others

Court : Andhra Pradesh

Decided on : Apr-12-1990

Subject : ConstitutionOther Taxes

Acts : Andhra Pradesh (Mineral Rights) Tax Act, 1975- Sections 1(4), 2, 2(1), 3, 3(2), 4, 5, 6, 7, 10 to 12, 13, 13(1) and (2), 14, 15, 16, 17, 17-A, 18, 18(2), 18-A and 19 to 33; Mines and Minerals (Regulation & Development) Act, 1957 - Sections 9 and 9(2) and (3); Consitution of India - Schedule 7 - Articles 245 and 246; Andhra Pradesh Revenue Recovery Act, 1864 - Sections 8; Andhra Pradesh (Telangana Area) Mining Settlement Act, 1956; Mines and Minerals (Regulation and Development) Amendment Act, 1972; Orissa Mining Areas Development Fund Act, 1952; Bihar Minor Mineral Concession Rules, 1964; Bihar Land Reforms Act, 1950; Bihar Land Reforms (Amendment) Act, 1965; Madras District Boards Act, 1920 - Sections 78, 79, 79(1) and 112; Tamil Nadu Panchayats Act, 1958 - Sect

Reported in : AIR1990AP314

v. State of Bihar, : [1970]2SCR100 which related to levy of dead rent, royalty and surface rent under the Bihar Minor Mineral Concession Rules (1964), Hidayatullah, C.J. considered the validity of the levy of royalty and dead rent … the lease-amount, royalty or other sum payable to Government for the lands, together with any water-rate payable for irrigation and that the levy of the 'land cess' is to be made accordingly. As the appellant was a … said notice.' Section 5 deals with appeals, S. 6 with revisions and S. 7 says that the … the Andhra Pradesh Legislature in passing the Andhra Pradesh (Mineral Rights) Tax Act, 1975 (hereinafter called the State Act) is in question in this batch … 'at such rate not exceeding ten times' royalty payable by him under Section 9 of the Mines and Minerals (Regulation and Development) Act, 1957, as

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Aug 14 1970

V.N. Narayanan Nair and ors. Vs. State of Kerala and ors.

Court : Kerala

Decided on : Aug-14-1970

Subject : Constitution

Acts : Tenancy Laws; Kerala Land Reforms Act, 1964 - Sections 1, 12, 29A, 29B, 30, 30A, 32, 42, 50A(2), 72, 72A, 72F to 72J, 73, 75, 77 to 85, 85(1), 88 and 125; Kerala Land Reforms (Amendment) Act, 1966; Kerala Land Reforms (Amendment) Act, 1967; Kerala Land Reforms (Amendment) Act, 1969; Constitution of India - Articles 13, 14, 19, 19(1), 21, 26, 30A, 31, 31B, 31A(1), 31A(2), 31(1), 31(2) and 245; ;Code of Civil Procedure (CPC) , 1908

Reported in : AIR1971Ker98

is the extreme form the argument has taken -- and, contrary to what was decided in State of Bihar v. Kameshwar Singh, AIR 1952 SC 252 not even the circumstance that the land was only being converted … as, for example, the provisions of thrashing floors or the construction of irrigation or drainage channels, or the housing of agricultural labourers. That being so. … replacement being a repeal (accompanied by a re-enactment) attracting Section 4 of the (Kerala) Interpretation and Genera! Clauses Act (Section 6 of the Central Act). This, however, is not a question [hat falls for decision and we are not

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