Judgment Search Results Home > Cases Phrase: bengal general clauses act 1899 Court: supreme court of india Page 15 of about 7,271 results (0.211 seconds)

The State Of Punjab Vs. Davinder Singh

Court : Supreme Court of India

..... section 21 of the general clauses act 1897 states that the power to issue notifications includes the power to add to, amend, vary or rescind the notification.176 by article 341(1) read with article 367 and section 21 of the general clauses act 1897, the president would have the power to add to, amend, vary ..... notwithstanding anything in the last preceding paragraph- (a) no indian christian shall be deemed to be a member of a scheduled caste; (b) in bengal no person who professes buddhism or a tribal religion shall be deemed to be a member of any scheduled caste; 23 and if any question should arise as to whether any particular person does or does not profess buddhism or a ..... the report further states that in bengal, bihar and orissa and the united provinces, although there were large numbers belonging to untouchable castes, in general they do not seem to suffer so universally or so severely ..... expression indian christian has the same meaning as it has for the purposes of part i of the first schedule to the government of india act, 1935, and the expression prescribed means prescribed by rules made by the governor of bengal, exercising his individual judgment.5. ..... the effect of a legal fiction must not be limited to treating facts that do not exist as real 157 bengal immunity company ltd v. ..... 26 part iii bengal scheduled castes throughout the province : - agariya hari mal bagdi ho mallah bahelia jalia kaibartta malpahariya baiti jhalo malo, or mech malo bauri kadar mehtor bediya kan muchi .....

A.K. Gopalan Vs. the State of Madras

Court : Supreme Court of India

Reported in : AIR1950SC27; 1950CriLJ1383; (1950)IIMLJ42(SC); [1950]1SCR88

..... placed by the learned attorney-general on clause (7) of article 22 and adopted by the framers of act iv of 1950 ..... , a person may be detained for a period longer than three months under any law providing for preventive detention without obtaining the opinion of an advisory board in accordance with the provisions of sub-clause (a) of clause (4) : (b) the maximum period for which any person may in any class or classes of cases be detained under any law providing for preventive detention; and (c) the procedure to be followed ..... a person may be detained for a period longer than three months under any law providing for preventive detention without obtaining the opinion of an advisory board in accordance with the provisions of sub-clause (a) of clause (4); (b) the maximum period for which any person may in any class or classes of cases be detained under any law providing for preventive detention; and (c) the procedure to be followed by ..... v. the chief secretary of west bengal : 54cwn394 that the words 'throughout the territory of india' occurring in that sub-clause only indicate that our constitution does not guarantee to its citizens the right of free movement ..... a series of provincial acts and ordinances relating to maintenance of order [see section 2 of the bihar maintenance of public order act, 1949, section 16 of the west bengal security act, 1948, section 4 of the east punjab public safety act, 1949, section 2 of the madras maintenance of public order act, 1947, ..... general of bengal .....

Aswini Kumar Ghosh and anr. Vs. Arabinda Bose and anr.

Court : Supreme Court of India

Reported in : AIR1952SC369; [1953]4SCR1

..... court.' section 14(2) runs thus : 'where rules have been made by any high court within the meaning of clause (24) of section 3 of the general clauses act, 1897, or in the case of a high court for which a bar council has been constituted under this act, by such bar council under section 15, regulating the conditions subject to which advocates of other high courts may be permitted to practise in the high court, such advocates shall not be entitled to practise therein otherwise than subject ..... as of right to practise - (a) subject to the provisions of sub-section (4) of section 9, in the high court of which he is an advocate,' and section 9(4) provides :- 'nothing in this section or in any other provision of this act shall be deemed to limit or in any way affect the powers of the high courts of judicature at fort william in bengal and at bombay to prescribe the qualifications to be possessed by persons applying to practise in those high courts respectively in the exercise of their original jurisdiction or the powers of those high courts ..... section. sub-section (3) runs thus : '(3) of the elected members of the bar councils to be constituted for the high courts of judicature at fort william in bengal and at bombay such proportion as the high court may direct in each case shall be persons who have for such minimum period as the high court may determine, been entitled to practise in the high court .....

Atiabari Tea Co., Ltd. Vs. the State of Assam and ors.

Court : Supreme Court of India

Reported in : AIR1961SC232; [1961]1SCR809

..... bill can be introduced without the previous sanction of the president, and this requirement has obviously been inserted in order that regional economic pressures which may inspire legislation under the said clause should be duly examined in the light of the interest of national economy; such legislation must also be in the public interest which feature is common with the provision contained in ..... in deciding the said would one of the tested which was applied by lord porter was : "does the act not remotely or incidentally (as to which they will say something later) but directly restrict the inter state business of banking", and he concluded that "two general propositions may be accepted, (1) that regulation of trade, commerce and intercourse among the states is compatible with its absolute freedom, ..... besides the tea carried by rail, a large quantity of tea is carried by road or by inland waterways from assam to bengal and in some of these cases, from one part of west bengal to another part of the same state through inland waterways, only a few miles of which pass through the territory of the ..... assam taxation (on goods carried by roads or inland waterways) act, 1954 - hereinafter referred to as the act, is challenged by certain producers of tea in the states of west bengal and assam. ..... it appears that the appellants are growers of tea in west bengal or in assam and carry their tea to the market in calcutta from where the tea is sold for consumption in the country or is exported for sale .....

Oriental Gas Ltd. and ors. Vs. State of West Bengal

Court : Supreme Court of India

Reported in : AIR1978SC248; (1979)1SCC171; [1979]1SCR617

..... the market value on the date of acquisition of the undertaking of the company of all tangible assets and properties other than those falling within any of the preceding clauses.paragraph iii :-the total amount of liabilities and obligations incurred by the company in connection with the formation, management and administration of the undertaking of the company and subsisting ..... purchased, acquired or constructed by the company; (ii) 'net income of the undertaking of the company' means the difference between the amount of gross revenue, receipts and other general receipts, accountable in the assessment of indian income-tax arising from, and ancillary or incidental to, the business of the company and the amount of expenditure incurred on the following ..... .explanation :-in this sub-section, 'net-annual income of the undertaking of the company' means the difference between the amount of gross revenue receipts and other general receipts accountable in the assessment of indian income-tax arising from, and ancillary or incidental to, the business of the company and the amount of expenditure incurred ..... right to maintain the petition (2) the appellant could not question the validity of the act on the ground that its provisions infringed its fundamental rights under articles 14, 19, and 31 in view of article 31a(1)(b) of the constitution; (3) the west bengal legislature had the legislative competence to pass the impugned act by virtue of entry 42 of list iii of the seventh schedule to the .....

Reserve Bank of India Vs. Peerless General Finance and Investment Co. ...

Court : Supreme Court of India

Reported in : 1987(1)SCALE100; (1987)1SCC424; [1987]2SCR1; 1987(1)LC586(SC)

..... own:(ii) the acquisition of shares, stock, bonds, debentures or securities issued by a government or local authority or other marketable securities of a like nature; (iii) letting or delivering of any goods to a hirer under a hire-purchase agreement as defined in clause (c) of section 2 of the hire-purchase act, 1972; (iv) the carrying on of any class of insurance business; (v) managing, conducting or supervising, as foreman, agent or in any other capacity, of chits or curies as defined in any law which is for the time being in force in ..... these companies float schemes for collecting money from the public and the modus operandi of such schemes is generally as described below:the company acts as the foreman or promoter and collects subscriptions in one lump sum or by monthly instalments spread over a specified period from the subscribers to ..... that question open as we consider that the appeals preferred by the reserve bank of india, the union of india and the state of west bengal may be decided without expressing any opinion on the question. ..... 10, 1979 the government of west bengal addressed a communication to the peerless company pointed out that the prize chits/money circulation schemes conducted by the company came within the purview of the prize chits and money circulation schemes banning) act, 1978 and, therefore, the company was under an obligation to submit a winding up plan under rule 4 of the prize chits and money circulation schemes (banning) (west bengal) rules, 1979.31. .....

The State of West Bengal Vs. Shaikh SerajuddIn Batley

Court : Supreme Court of India

Reported in : AIR1954SC193; [1954]1SCR378

..... 10th august, 1947, held, amongst other things, that the lease was entered into for purposes which as from the 15th august, 1947, were exclusively purposes of the province of west bengal and that under article 8(2)(a) of the said order the appellant was clearly liable for the rents which had accrued previous to the appointed day, that is to say, the 15th august ..... (a) if the contract is for purposes which as from that day are exclusively purposes of the province of west bengal, be deemed to have been made on behalf of that province instead of the province of bengal; and (b) in any other case be deemed to have been made on behalf of the province of east bengal instead of the province of bengal; and all rights and liabilities which have accrued or may accrue under any such contract shall, to the extent ..... whether the contract was for purposes which as from the appointed day were exclusively purposes of the province of west bengal and whether article 8(2) made any distinction between liabilities which had accrued or which might accrue need not be considered ..... independence act, 1947, by section 9 empowered the governor-general, amongst other things, to make such provision as appeared to him to be necessary or expedient for dividing between the new provinces to be constituted under that act the powers, rights, properties, duties and liabilities of the provinces which under that act were ..... clause (6) of article 8 provided that the provisions of that article would have effect subject to the .....

Raja Sri Sailendra Narayan Bhanja Deo Vs. the State of Orissa

Court : Supreme Court of India

Reported in : AIR1956SC346; 22(1956)CLT251(SC); [1956]1SCR72

..... appellant claiming as the raja and owner of the rajgee, known as the kanika raj, against the state of orissa, praying for a declaration that the orissa estates abolition act, 1951 (hereinafter referred to as 'the abolition act') was, in its application to the rajgee of kanika, invalid, unconstitutional and ultra vires the state legislature and for an injunction restraining the state of orissa from taking ..... . existing registers mentioned in section 20 of the bengal land registration act, 1876, clearly refer to registers kept under those regulations and the learned attorney-general contends that section 20 gives a statutory validity to ..... following is a list of the mehals to which the provision in the preceding clause is applicable : killah aull, : killah humishpore,killah cojang, : killah ..... clause 10 of the treaty of peace concluded on the 17th december, 1803, at deogan between the east india company and the mahrattas which treaty was later on ratified by the governor- ..... . the same observations apply to clause (3) whereby the plaintiff was declared to have the ferry rights over the said rivers, which were expressly made subject to the ..... . the provisions of clause (6) of the terms of settlement also ..... of the description of those specified in the preceding clause, a settlement shall be concluded, as soon as circumstances may admit, for the revenue of those mehals on the principle on which a settlement has been concluded with the zamindars of the mehals specified in the preceding clause .....

Sri Sri Kalimata Thakurani and Sri Sri Raghunath Jew and Others Vs. Un ...

Court : Supreme Court of India

Reported in : AIR1981SC1030; 1981(1)SCALE391; (1981)2SCC283; [1981]2SCR950; 1981(13)LC283(SC)

..... border on arbitrariness and amounts to serious curbs on the fundamental right of the cultivator to pursue his occupation, we cannot however strike down these provisions because they are contained in the amendment act of 1972 which has been placed in the ninth schedule prior to april 24, 1973, and therefore fall within the protective umbrella and are immune from challenge. ..... 2 by the west bengal land reforms (amendment act, 1977, may be extracted thus:-"provided that such person or member of his family resides for the greater part of the year in the locality where the land is situated and the principal source of his income is produced from such land.explanation-the term "family" shall have the same meaning as in clause (c) of section 14k"it was submitted that the proviso insists that ..... section 2(2) defines bargadar thus" 'bargadar' means a person who under the system generally known as adhi, barga or bhag cultivates the land of another person on condition of delivering a share of the produce of such land to that person and includes person who under the system generally known as kisani cultivates the land of another person on condition of receiving a share of the produce ..... speaking for the court observed as follows:-"it is important in this context to bear in mind that the test of reasonableness, wherever prescribed, should be applied to each individual statute impugned, and no abstract standard, or general pattern, of reasonableness can be laid down as applicable to all cases. .....

M.P.V. Sundararamier and Co. Vs. the State of Andhra Pradesh and anr.

Court : Supreme Court of India

Reported in : AIR1958SC468; (1958)IMLJ179(SC); [1958]1SCR1422; [1958]9STC298(SC)

..... it should also be mentioned that quite a large number ofdealers had, acting under provisions of the sales tax acts which empowered themto pass the tax on, collected it from their purchasers for the purpose of paymentto the state, and as after the decision in the bengal immunity company case : [1955]2scr603 they could no longer be called upon to pay it, they stoodto make an unjust gain of it. 33. ..... explanation - for the purposes ofsub-clause (a), a sale or purchase shall be deemed to have taken place in thestate in which the goods have actually been delivered as a direct result of suchsale or purchase for the purpose of consumption in that state, notwithstandingthe fact that under the general law relating to sale of goods the property inthe goods has by reason of such sale or purchase passed in another state. ..... explanation :- for the purposesof clause (a)(i) a sale or purchase shall be deemed to have taken place in thatstate in which the goods have actually been delivered as a direct result ofsuch sale or purchase for the purpose of consumption in that state,notwithstanding the fact that under the general law relating to sale of goodsthe property in the goods has by reason of such sale or purchase passed inanother state.' 12. .....