Judgment Search Results Home > Cases Phrase: coal india regulation of transfers and validation act 2000 section 4 validation of certain transfers Sorted by: old Page 1 of about 1,305 results (0.420 seconds)

Maheswar Mahapatro Vs. State of Orissa and ors.

Court : Orissa

Reported in : [1972]29STC52(Orissa)

..... conclusion would depend on the facts of each case. the ratio of all the aforesaid supreme court decisions is to the effect that where the transactions were completely regulated and controlled by the controller leaving no room for mutual assent, the transaction would not be a sale. the area of bargaining between the prospective buyer and ..... of koraput.(ii) execute an agreement in support of his retailership. (iii) pre-deposit the cost of rice at ex-godown rates into the state bank of india, jeypore, and take issue order for supply of rice from the civil supplies officer, jeypore, and lift the stock in his own gunnies. the price of various ..... transactions constituted sales. the present case is analogous to andhra sugars ltd. v. state of andhra pradesh4 and state of rajasthan v. karam chand thappar and brothers (coal sales) ltd., jaipur5.10. we would proceed now to examine the various features in this case evidencing the scope for exercise of volition between the contracting parties in .....

Scott Vs. Sandford

Court : US Supreme Court

..... it, and neither the legislative, executive, nor judicial departments of the government can lawfully exercise any authority beyond the limits marked out by the constitution. and in regulating the judicial department, the cases in which the courts of the united states shall have jurisdiction are particularly and specifically enumerated and defined, and they are not ..... amused the grave lawyers who argued the case of somersett. the case of verdelin was decided upon a special ordinance, which prescribed the conditions on which west india slaves might be introduced into france, and which had been disregarded by the master. the case of somersett was that of a virginia slave carried to england ..... the reproach of allowing such a state of servitude to exist in a free country," &c.;, and again, in 1799, "they declare that many colliers and coal-heavers still continue in a state of bondage" no statute, from the conquest till the 15 george iii, had been passed upon the subject of personal slavery. these .....

Chaudhari Vikram Singh and ors. Vs. Lehri Singh and ors.

Court : Allahabad

Reported in : AIR1943All204

..... by time.4. the court below came to the conclusion that the collector or the circle officer of tahsil ghaziabad had jurisdiction to take proceedings under the u.p. regulation of sales act, that the plaintiffs were not served with the notice issued to them in connexion with the fixation of net profits and that the suit was maintainable ..... plaintiffs alleged that the circle officer of tahsil ghaziabad, mr. raghunath das tondon, had no power to take proceedings under act no. 26 of 1934, the u.p. regulation of sales act, according to section 10 of the said act, and the transfer that was effected in favour of the decree-holders on 25th january 1937 was totally invalid ..... first occasion on 20th may 1933 and on the second occasion some time afterwards (the exact date cannot be ascertained from the record). in the year 1935 the u.p. regulation of sales act, 26 of 1934, came into force, and the assistant collector, first class, meerut, started proceedings under the said act. a notice was issued on 22nd .....

Tan Bug Taim Vs. Collector of Bombay

Court : Mumbai

Reported in : AIR1946Bom216; (1945)47BOMLR1010

..... with her majesty. by this section the governor general in council was given absolute powers to make such laws and regulations, subject only to the limitations contained in those provisos which were all of a general nature. when, however, the government of india act, 1915, consolidated up to 1919 (5 & 6 geo. v, c. 61, 6 & 7 geo. v, c. 37 ..... or organic statute such as the act [i.e., the british north america act], that construction most beneficial to the widest possible amplitude of its powers must be adopted': british coal corporation v. the king [1935] a.c. 500.he further relied on the case of in re c.p. motor spirit act, in which at p. 4, col. 2 ..... and liberal interpretation to the provisions of that act. he relied upon the principles of construction which have been laid down in this behalf in various cases beginning with british coal corporation v. the king [1935] a.c. 500, in which it was observed (p. 518):indeed, in interpreting a constituent or organic statute such as the act, that .....

Rajah Sri Ravu Sweta, Chelapathi Ramakrishna Ranga Rao Bahadur, Rajah ...

Court : Chennai

Reported in : AIR1952Mad203; (1952)IMLJ174

..... a consideration of the requirements of the due process clause and the reasonableness of the police power regulations. great caution must be exercised in applying these decisions for determining the rights of the parties under section 299(2) of the government of india. act and article 31(2) of the constitution. both these provisions speak of acquisition of ..... property. the cases cited by mr. umamaheswaran, the learned advocate for the petitioners are instances of the extended meaning put upon the word 'taking'. thus in 'pensylvania coal co. v. mahon', 280 us 393: 67 law ed 322 a state law which prohibited the owners from carrying on mining operations under certain circumstances was held to ..... a tunnel which causes the emission of gas and smoke to the injury of the owners located near by the railway has been held to amount to taking. 'pennsylvania coal v. mehon' 260 u s 393: 67 law ed 322 above referred and cited by the petitioners is a similar example, while the case in 'united states v .....

Narayanprosad Jhunjhunwalla and ors. Vs. the Indian Iron and Steel Co. ...

Court : Kolkata

Reported in : AIR1953Cal695

..... sections 153a and 153b, companies act, give very clear indication that amalgamation or merger of companies is a matter which relates to the incorporation or regulation of companies or corporations and can properly form the subject-matter of a law relating to corporations. section 153a provides for transfer of undertaking of one company to ..... of securing, in the interests of the general public and the union, the efficient and economical expansion and working of the iron and steel industry in india, it is essential that the steel corporation of bengal limited, and the indian iron and steel company, limited, which are engaged in the manufacture and production ..... and giving the powers conferred therein the widest amplitude permissible. (see -- 'james v. commonwealth of australia (no. 2)', (1936) ac 578 at p. 614 (d), -- 'british coal corporation v. king' (1935) ac 500 at p. 518 (e) and -- 'in re central provinces & berar sales of motor spirit and lubricants taxation act, 1938', ). 12. .....

A.M.S.S.V.M. and Co., Ramanathapuram Chank Lessees, Kilakkarai, Ramana ...

Court : Chennai

Reported in : (1953)IIMLJ587

..... to the dutch.the nawab of arcot supplanted the nayaks in the middle of the 18th century and in 1792 the east india company succeeded to their rights. the madras permanent settlement regulation 25 of 1802 was then passed under which the government entered into engagements with zamindars fixing a permanent peshkush. the zamindari of ..... dominion parliament that could enact laws on that subject. in overruling this contention the judicial committee observed that the pith and substance of the moratorium act was to regulate property and civil rights within the province and was, therefore) 'intra vires'.this question again came up for consideration before the privy council in -- 'air 1947 ..... the territory on the surface. it therefore possesses the right to carry out the exploitation of both the surface and its subsoil by tunnelling or mining for coal and other minerals.' the territorial waters of a state, however, are unlike the sea-bed, subject to certain rights in favour of other nations such as .....

Balbir Singh and anr. Vs. the State

Court : Guwahati

..... only gives discretion to the government to apply the said restriction to person of its own selection. any discretion granted to the government in the matter of regulating and applying certain permissible restrictions cannot be said to be discriminatory.taking an illustration in order to examine the argument, suppose there is a law which permits ..... select the persons to whom such a restriction can be applied, such a power cannot be regarded as discriminatory. in the case of pannalal binjraj v. union of india : [1957]1scr233 , the matter was considered in connection with the-constitutionality of section 5(7) a of the income-tax act. .in an earlier decision of ..... to it.in the case of messrs. dwarka prasad laxtni narain v. state of uttar pradesh : [1954]1scr803 . dealing with certain provisions of the u. p. coal control order it was observed as follows:legislation, which arbitrarily or excessively invades the right, cannot be said to contain the quality of reasonableness, and unless it strikes .....

R.J. Parvatikar Vs. Guledgud City Municipality and anr.

Court : Karnataka

Reported in : AIR1961Kant181; AIR1961Mys181; ILR1960KAR211

Somnath Iyer, J. 1. The petitioner was employed by the Guledgud City Municipality on March 19, 1939 as a Naka Rakhavaldar on salary of Rs. 13/- per month. In the year 1941, he was transferred as a Sanitary Mukadam in the Sanitary Department of the same Municipality. 2. On December 16, 1943, be was accused or having used service stamps for a communication addressed on behalf of the Municipality to a Municipal Councillor whereas he should have used only the ordinary postage stamps. He having been found guilty of such misuse of those service stamps, was dismissed from, service. 3. By an order made by the Chief Officer on April 29, 1944, be was again appointed as a Sanitary Mukadam in the same Municipality on a pay of Rs. 15/- per mensem, with effect from May 1, 1944. The petitioner was directed to join the post on that date and take charge of it. 4. The petitioner joined that appointment and appears to have made a representation to the Municipality that he should be given his salary for t...

Murlidhar Jalan Vs. Income-tax Officer, Dibrugarh.

Court : Guwahati

..... of the constitution."in that case, however, it was held that the discretion to be exercised by the state was regulated discretion guided by statutory rules. in the case of pannalal binjarj v. union of india the question was considered under what circumstances the law giving discretion to an executive body can be struck down as ..... imposed on a business, the right to carry on which was guaranteed by the constitution, the validity of the tax cannot be judged by standards applicable to regulations or restrictions imposed on the manner of carrying on the business - restrictions which flow from the nature of the commodity or the repercussions of an unregulated trade ..... of u. p. wherein the provisions of the u. p. coal control order were declared ultra vires. under the coal control order, no person was entitled to sell or store for sale or otherwise dispose of coal except under a licence. clause 4 (3) of the coal control order provided that the licensing authority may grant, refuse to grant .....