Judgment Search Results Home > Cases Phrase: bombay electricity duty act 1958 maharashtra preamble the bombay electricity duty act 1958 Court: patna Page 1 of about 3 results (0.084 seconds)

Bihar Sugar Mills Association and ors. Etc. Etc. Vs. the State of Biha ...

Court : Patna

Reported in : AIR2010Pat29,2010(58)BLJR175

..... in these writ petitions, the primary challenge is to the validity of the provisions contained in section 3(1) of the bihar electricity duty act, 1948 (hereinafter referred to as the act) and also regarding the validity of the notification issued by the state government fixing the rate of duty payable by the various sugar mills and other organizations generating electricity in their own power plants.the act was enacted for the levy of duty on the sale and consumption of electrical energy in the state of bihar. ..... section 3 of the u.p electricity duty act, 1952 sought to levy a duty for the consumption of electrical energy in the state of uttar pradesh. ..... state of bihar 1992(1) pljr 55, the validity of section 3(2) of the act was upheld by observing that the electricity duty imposed was a 'tax' and not a 'fee' and the state had the necessary legislative competence.1.1 the present challenge is on account of amendment to section 3(1) and the consequential issuance of notifications under such amended provisions. ..... as already pointed out, the preamble and the body of the sections sufficiently formulate the legislative policy & the ambit and character of the act is such that the details of that policy can only be worked out by delegating them to a subordinate authority within the framework of that policy. mr. ..... : air 1958 sc 909 pressed into service by the learned advocate general are of no assistance in the present case.18. ..... state of bombay : air 1961 sc 4. .....

iqbal Chand Khurana and anr. Etc. Etc. Vs. State of Bihar and ors. Etc ...

Court : Patna

..... (para 1) the bombay lotteries (control and tax) and prize competition (tax) act, 1958 is an act to control and tax lotteries and prize competition in the state of maharashtra. ..... this much is beyondcontroversy and the maharashtra legislaturehas acknowledged the position as indeed itmust in section 32 of the bombay lotteries(control and tax) and prize competitions(tax) act, 1958. ..... chitale, learned counsel for the petitioners, was that the exemption from the applicability of the act granted to lotteries 'specially authorised by the state government', that is, by the government of maharashtra was discriminatory; the exemption should be extended to all lotteries authorised by the government of any state whatsoever. ..... anraj case (ibid), there was a section in the maharashtra act, namely, section 32(b) which expressly provided that nothing in the maharashtra act shall apply to 'a lottery organised by the central government or a state government'. ..... the reason for exempting lotteries authorised by the government of maharashtra from the applicability of the act and not lotteries authorised by the governments of other states is patent. ..... the act contains detailed provisions for the licensing, regulation and control of lotteries within state of maharashtra. .....

Ranchi Timber Traders Association and anr. Vs. State of Bihar and ors.

Court : Patna

..... reference was made to the preamble of the act which states that the act was being made to regulate in the public interest the establishment and operation of saw-mills and saw-pits and trade of sawing for the protection and conservation of forest and the environment. ..... the state of maharashtra : air1978bom119 held that the term 'forests' in its normal and popular connotation includes all that goes with it, such as, trees with fruits on them, shrubs, bushes, woody vegetation, undergrowth, pastures, honey-combs attached to trees, juices dried on trees, things embedded in the earth like mines and quarries with their produce locked up in the land, wild and stray animal living in the forest, described by the compendious expression 'forest produce'. ..... dealing with the scope and meaning of the term 'forests' as occurring in entry 19 of list ii as it stood prior to the 42nd amendment, a full bench of five judges of the bombay high court in the case of janu chandra waghmare v. ..... as regards rule 4(2)(a) merely because in exigency of situation the electricity is not supplied during day hours it cannot be said that the requirement that sawing operation shall be carried out only during the day time is bad. ..... i have no manner of doubt having regard to the extended meaning of the term 'forests', as interpreted by the bombay high court, that any law to regulate the trade of sawing and establishment and operation of saw-mills and saw-pits will fall under entry no. .....