Judgment Search Results Home > Cases Phrase: bengal general clauses act 1899 Court: supreme court of india Page 19 of about 7,271 results (0.292 seconds)

State of West Bengal Vs. Sailendra Nath Sen

Court : Supreme Court of India

Reported in : AIR1993SC2146; JT1993(3)SC61; 1993(2)SCALE646; (1993)3SCC386; [1993]3SCR343

..... having the effect of a rent decree or money decree, or a certificate for such arrears signed under the bengal public demands recovery act, 1913, shall not be executed by the attachment and sale of any movable or immovable property other than the entire tenure or holding to which the decree or certificate relates:provided that the provisions of this clause shall not apply if in any manner other than by surrender of the tenure or holding, the term of ..... hence there cannot be any dispute that no estate, tenure or under tenure including raiyati and under -raiyati interests could be sold under the statutes mentioned in section 5b including the tenancy act with which we are concerned, on and after 1st june, 1954 and a sale after that date under any of those statutes would be void and have no effect under that ..... from the 1st day of june, 1954, no estate, tenure or under-tenure shall be liable to be sold under the bengal land revenue sales act, 1859 or the cooch behar revenue sales act, 1897 or the bengal patni taluks regulations, 1819 or the bengal tenancy act, 1885, as the case may be, and any sale which took place on or after that day under any of those acts or that regulation shall be deemed to have been void and of no effect:10. ..... it further states that in particular and without prejudice to the generality of the provisions, everyone of the following rights which may be owned by an intermediary shall vest in ..... section 159 thereof details 'general powers of purchaser as to avoidance of .....

Polestar Electronic (Pvt.) Ltd. Vs. Additional Commissioner, Sales Tax ...

Court : Supreme Court of India

Reported in : AIR1978SC897; (1978)1SCC636; [1978]3SCR98; [1978]41STC409(SC)

..... xxii continued to stand unamended and the declaration given by the purchasing dealer did not state that the use of the goods purchased in manufacture would be in the state of punjab, but merely contained a general statement that the goods purchased would be used in the manufacture of goods for sale and the purchasing dealer utilised the goods purchased in manufacture outside the state of punjab without committing a breach of the statement in ..... --------- valid from---------------and are required by me/us for re-sale/ for use as raw-material, in the manufacture in delhi in accordance with the provisions contained in section 5(2)(a)(ii) of the bengal finance (sales tax) act, 1941 as in force in the union territory of delhi, of goods for sale.signature....dealer....the act as originally enacted ended with section 26 but by amending act of 1959, section 27 was introduced in the act with effect from 1st october, 1959 and this section provided that nothing in the ..... this was in conformity with the requirement of section 5(2)(a)(ii) as it stood prior to its amendment and though section 5(2)(a)(ii) was substituted by the finance act of 1972, no amendment was made in the form of the certificate of registration and it was only on 29th march, 1973 that clause (3) of the form of the certificate of registration was substituted so as to declare that the sales of the specified goods to the dealer will be free of tax when they are 'for use as raw materials in the .....

State of West Bengal and anr. Vs. Madan Mohan Ghosh and ors.

Court : Supreme Court of India

Reported in : AIR2002SC2273; (2002)3CALLT82(SC); 2002(81)ECC228; JT2002(4)SC495; 2002(4)SCALE265; (2002)9SCC177

..... , learned senior counsel appearing for the respondents, in our opinion, very fairly conceded that he does not support the view of the high court that the non obstante clause of rule 17 could operate against all future enactments made by the state government under the delegated power vested on it in the excise statute. ..... the contention on behalf of the state government that the order of 2000 was issued by the state government under the excise of its powers conferred on it by sections 85 and 86 of the west bengal excise act which was in supersession of the earlier government order of 25th of april, 1991. ..... general that the language of rule 17 of the 1993 rules cannot be construed so as to mean that all future rules and notifications will be subject to such a non obstante clause ..... learned counsel further contended that the non obstante clause in rule 17 refers only to rules which were in existence at the time when the said rule was brought into force and the same could not be construed as having an overriding effect for all ..... solicitor general appearing for the state of west bengal contended that it is the policy of the state government to restrict the concentration of excise licences in the hands of the persons who already hold ..... 2000 being a subsequent order and having specifically provided for a condition of rejection of an application which is not covered under the rule of 1993, could not have been held to be in effective because of a non obstante clause in rule 17 of the 1993 rules. .....

K.M. Abdulla Kunhi and B.L. Abdul Khader Vs. Union of India (Uoi) and ...

Court : Supreme Court of India

Reported in : AIR1991SC574; [1992]73CompCas470(SC); 1991CriLJ790; 1991(1)Crimes341(SC); 1991(32)ECC179; 1991(52)ELT321(SC); JT1991(1)SC216; 1991(1)SCALE58; (1991)1SCC476; [1991]1SCR102

..... power to the state government or the central government to revoke the detention order without prejudice to the provisions of section 21 of the general clauses act. ..... is now beyond the pale of controversy that the constitutional right to make representation under clause (5) of article 22 by necessary implication guarantees the constitutional right to a proper consideration of ..... case has observed (at 405) that it is a constitutional obligation under clause (5) of article 22 to consider the representation before confirming the order ..... section 8 of the act provides for reference of the detenu's case to the advisory board, the chairman and members of which shall possess the qualification specified in sub-clause (a) of clause (4) of article 22 ..... the detenu has two rights under clause (5) of article 22 of the constitution: (i) to be informed, as soon as may be, of the grounds on which the order of detention is based, that is, the grounds which led to the subjective satisfaction of the detaining authority, and (ii) to be afforded the earliest opportunity ..... was detained by an order dated 5 june 1969 of the district magistrate, 24 parganas, west bengal, under section 3(2) of the preventive detention act, 1950. ..... west bengal and ..... state of west bengal : 1970crilj743 ; frances coralie ..... west bengal and ..... state of west bengal and haradhan saha and ..... state of west bengal : [1970]1scr543 ; ..... state of west bengal : 1969crilj1446 ; pankaj kumar chakrabarty and ..... of west bengal : 1975crilj637 ..... west bengal w.p. .....

Graphite India Ltd. and Another Vs. Durgapur Projects Ltd. and Others

Court : Supreme Court of India

Reported in : AIR1999SC3289; JT1999(6)SC317; 1999(5)SCALE260; (1999)7SCC645; [1999]Supp2SCR16

..... conditions 5, 6 and 9 are relevant and are as under:now, therefore, in exercise of the power concerned by sub-section (1) of section 28 of the indian electricity act, 1910 (act 9 of 1910), the government is pleased, after consulting the west bengal state electricity board and with the consent of the local authorities concerned namely, the faridpur union board, durgapur union board, gopalpur union board and jomua union board, to give the said durgapur ..... , and shall, subject to any such additions, variations or exceptions which the state government is hereby empowered to make, apply to the undertaking authorised by the licensee:provided that where a license is granted in accordance with the provisions of clause ix of the schedule for the supply of energy to other licensees for distribution by them, then, in so far as such license relates to such supply, the provisions ..... on december 23, 1991, dpl wrote to the state government on the subject of general revision in power tariff by it and referred to its letter dated february 9, 1991. ..... it said that the board of directors of dpl at 405th meeting held on december 13, 1991 approved the proposal for general revision of power tariff of dpl to all its consumers. ..... supply act provides for the rationalization of the production and supply of electricity and generally for taking measures conducive to electrical development. .....

West Bengal Hosiery Association and ors. Vs. State of Bihar and anr.

Court : Supreme Court of India

Reported in : 1988(36)BLJR783; (1989)1CALLT9(SC); JT1988(3)SC347; 1988(2)SCALE280; (1988)4SCC134a; [1988]Supp2SCR378; [1988]71STC298(SC); 1988(2)LC614(SC)

..... an unfavourable and discriminatory tax burden on the imported goods which in that case were lottery tickets of other state when they were sold within the state of tamil nadu and the state of west bengal as against indigenous goods and that this question had to be considered from the normal business or commercial point of view. ..... , was called upon to consider whether an amendment made to the tamil nadu general sales tax act, 1959 and the orders and notification issued thereunder whereby, in effect, exemption from the payment of sales tax was granted to lottery tickets issued by the government of tamil nadu but the lottery tickets issued ..... so manufactured or produced; and(b) impose such reasonable restrictions on the freedom of trade, commerce or intercourse with or within that state as may be required in the public interest:provided that no bill or amendment for the purposes of clause (b) shall be introduced or moved in the legislature of a state without the previous sanction of the president.5. ..... in the present case, clause (b) has no application whatsoever because the exemption granted to the sales of hosiery goods manufactured in the state of bihar has not been granted by any law passed by the legislature of the state of bihar but by ..... is not open to any state to levy any tax on goods imported from other states or union territories so as to discriminate between goods so imported and goods manufactured and produced in that state subject to the limitations contained in clause (b). .....

State of West Bengal and ors. Vs. Scene Screen (Pvt.) Ltd., and anr.

Court : Supreme Court of India

Reported in : AIR2000SC3089; 2000(6)SCALE607; (2000)7SCC686; [2000]Supp3SCR502

..... the date of vesting -(a) the estates and the rights of intermediaries in the estates, to which the declaration applies, shall vest in the state free from all encumbrances; in particular and without prejudice to the generality of the provisions of this clause, every one of the following rights which may be owned by an intermediary shall vest in the state, namely:-xxxxxx xxxxxx xxxxxx(c) until the provisions of chapter vi are given effect to, every raiyat or ..... the learned single judge in his judgment noticed the relevant provisions of the act particularly section 6(1)(b) of the act as it stood prior to the amendment of the act by the west bengal act 9 of 1961 which was published in the gazette on april 24, 1961 and held that the section 6 aims on taking away all the lands of intermediary except such portions thereof as arc in his actual possession ..... in section 2(p) it is laid down that the expressions used in this act and not otherwise defined have in relation to the areas to which the bengal tenancy act, 1885 (viii of 1885), applies, the same meaning as in that act and in relation to other areas meaning as similar thereto as the existing law relating to land tenures applying to such ..... between the government and the predecessor-in-interest of the appellant as per the provisions of the bengal tenancy act would be that of the landlord and tenant. ..... . in that connection certain provisions of the bengal tenancy act, 1885 and decisions of calcutta high court and the privy council have .....

Polestar Electronic (Pvt.) Ltd. Vs. Addl. Commissioner Sales Tax and a ...

Court : Supreme Court of India

Reported in : (1978)7CTR(SC)0020B

..... xxii, continued to stand unamended and the declaration given by of the goods purchased in manufacture would be in the state of punjab, but merely contained a general statement that the goods purchased would be used in the manufacture of goods for sale and the purchasing dealer utilised the goods purchased in manufacture outside the state of punjab without committing a breach of the statement in ..... it may also be pointed out that the act in the present case was original enacted by the bengal legislature in 1941 and it was applied in delhi with certain modification by the central government on 28th april, 1951 ..... dealer -of goods of the class or classes specified in the certificate of registration of such dealer, as being intended for re-sale by him, or 'for use by him as raw-materials in the manufacture in the union territory of delhi (hereinafter in this sub-clause referred to as delhi), of goods (other than goods declared tax free under s. ..... 5(2)(a)(ii) was substituted by the finance act of 1972, no amendment was made in the from of the certificate of registration and it was only on 29th march, 1973 that clause (3) of the from of the certificate of registration was substituted so as to declare that the sales of the specified goods to the dealer will be free of tax when they are 'for use as raw materials in the manufacture in the union ..... 2 enacted the definition provision and clause (c) of the section defined a dealer to mean any person who carries on the business of selling goods in .....

Bachan Singh S/O Saudagar Singh Vs. State of Punjab

Court : Supreme Court of India

Reported in : (1982)3SCC24; 19831SCR145;

..... operation of any existing law in so far as it imposes, or prevents the state from making any law imposing, in the interests of the general public, reasonable restrictions on the exercise of the right conferred by the said sub-clause, and in particular, nothing in the said sub-clause, shall affect the operation of any existing law in so far as it relates to, or prevent the state from making any law relating to,-(i) ..... death penalty states and abolition states show rates which suggests that these rates are conditioned by other factors than the death penalty.and then again, it observed in support of this conclusion :the general conclusion which we have reached is that there is no clear evidence in any of the figures we have examined that the abolition of capital punishment has led to an increasing homicide rate or ..... (where the sentence awarded is that of death) or in proceedings in revision for enhancement of the sentence (where the sentence awarded is one of imprisonment of life.in deference to this recommendation, section 66 of the crpc (amendment) act, 1955 (xxvi of 1955) deleted old sub-section (5) of section 367 with effect from january 1, 1956, and thereafter, for such capital offences, it was left to the court, on the facts of each case, to ..... the government of india did not include the figures from the states of bihar, jammu and kashmir, west bengal and delhi administration but the figures from these three states and from the union territory of delhi would not ..... ..... bengal ..... bengal .....

K.T. Plantation Pvt. Ltd. and anr. Vs. State of Karnataka

Court : Supreme Court of India

..... section 23 of the general clauses act 1897 also states that the publication in the official gazette of a rule or by-law purported to have been made in exercise of power to make rules or by-laws after previous publication shall be ..... the purpose of acquisition of land needed for public purposes for companies and for determining the amount of compensation to be made on account of such acquisition, which is substantially and materially different from the impugned act whose dominant purpose is to preserve and protect estategoverned by art.31a(a) read with art.31a(2)(a)(iii) of the constitution. 68. we are, therefore, of the considered view that no assent of the ..... it was held that the court cannot substitute its own opinion for that of the legislature or its delegate as to what principle or policy would best serve the objects and purpose of the act or sit in judgment over the wisdom and effectiveness or otherwise of the policy laid down by the regulation making body and declare a regulation to be ultra vires merely on the ground that, ..... . vishnunarayan & associates (p) ltd & another (2002) 4 scc 134, while examining the provisions of the west bengal great eastern hotel (acquisition of undertaking) act, 1980, held in the context of article 300a that the state or executive offices cannot interfere with the right of others unless they can point out the ..... west bengal electricity ..... court in state of west bengal & another ..... sc 170 and state of west bengal v ..... ..... of west bengal .....