Judgment Search Results Home > Cases Phrase: indian tolls west bengal amendment act 1978 Court: supreme court of india Page 1 of about 2,077 results (0.231 seconds)

State of West Bengal and anr. Vs. Mahua Sarkar

Court : Supreme Court of India

Reported in : 2008AIRSCW176; 2008(3)LH(SC)2027; AIR2008SC1591; 2008(3)ALLMR(SC)437; 2008(56)BLJR1195; (SCSuppl)2008(2)CHN130; [2008(3)JCR6(SC)]; (2008)3MLJ986(SC); 2008(3)SCALE199; 2008(1)LC393(SC);

..... range officer forwarded the case to the divisional forest officer, wildlife, division-ii, jalpaiguri who is the authorised officer, under section 59a of the act as amended by section 17 of the indian forest (west bengal amendment) act, 1988 (in short the 'amendment act'). ..... required under section 59b of the act, notice was issued and served on the owner of the vehicle to show cause as to why the vehicle in question shall not be confiscated to the state of west bengal as provided under section 59(a) of the act. ..... this juncture, it will be relevant to quote sections 59(a) and 59(b) of the act as inserted by the amendment act. ..... a notice in terms of section 8(1) of west bengal forest produce transit rules, 1959 (in short the transit rules') was issued to the driver as well as the owner of the ..... the high court inter-alia observed as follows and directed release of the confiscated vehicle:it is settled law that unless the driver of the vehicle acted as an agent of the owner of the said vehicle and indulged in carrying forest produce in illegally and that too with the knowledge and connivance of the owner neither the vehicle could be confiscated nor ..... amount shall be deposited with the concerned forest department of the state of west bengal. ..... position in law was again reiterated in state of west bengal v. ..... impugned order, learned single judge directed release of vehicle which was seized and confiscated for an alleged violation of the provisions of indian forest act, 1927 (in short the 'act').3. .....

State of West Bengal Vs. Gopal Sarkar

Court : Supreme Court of India

Reported in : AIR2002SC221; 2002(1)ALT(Cri)185; 2002(1)AWC92(SC); JT2001(9)SC570; 2001(8)SCALE242; (2002)1SCC495

..... dated 24.5.1989 hereby order the confiscation of the said seized timber along with cutting tools (implements) to the state of west bengal under section 59a(3) of the indian forest act, 1927 (west bengal amendment, 1988).' 6. ..... passed in exercise of the power vested in the authority under section 59a(3) of the indian forest act, 1927 (west bengal amendment 1988) (hereinafter referred to as 'the act'). ..... committing a forest offence & also to conceal, the timber by way of changing the identity of timber in question which is liable to be confiscated to the state as per provision of section 59a(3) of the indian forest act, 1927 (west bengal amendment, 1988). ..... setting aside the order passed by the authorised officer under the indian forest act (as amended in the state of west bengal), confiscating certain tools and implements, is under challenge in this appeal filed by the state of west bengal. 4. ..... which it was held that the confiscation proceeding of the machineries and/or saw mill cannot be held to be valid in terms of section 59a(3) of the forest act as amended by the state of west bengal on the grounds that saw mill cannot be treated to be a property of the state government. ..... state of west bengal, wp 1591(w) ..... , on the authorised officer under sub-section (2a) of section 44 of the act on his being satisfied that a forest offence had been committed in respect thereof, is not dependent upon whether a criminal prosecution for commission of a forest offence has been launched against the .....

Maganlal Chhaganlal (P) Ltd. Vs. Municipal Corporation of Greater Bomb ...

Court : Supreme Court of India

Reported in : AIR1974SC2009; (1974)2SCC402a; [1975]1SCR1

..... also an argument was advanced that even if the scheduled offences and the persons charged with the commission thereof could properly form a class in respect of which special legislation could be enacted, section 4(1) of the west bengal criminal law amendment (special courts) act, 1949 was discriminatory and void inasmuch as it vested an unfettered discretion in the provincial government to choose any particular case of a person alleged to have committed an offence falling under any of the specified ..... the appellants were prosecuted for having committed offences under section 120b read with sections 302 and 438 of the indian penal code before the tribunal constituted under the west bengal tribunals of criminal jurisdiction act, 1952 ..... state of bombay : 1957crilj605 upholding the validity of criminal law amendment act, 1952 providing for the trial of all offences punishable under sections 161, 165 or 165a of the indian penal code, or sub-section (2) of s. ..... . : [1956]29itr390(sc) in holding that though section 5(1) of the taxation on income (investigation commission) act, 1947 was valid when section 34(1) of the indian income-tax act stood in its unamended form, it became void and unenforceable on the amendment of section 34(1) by the indian income-tax and business profit tax (amendment) act, 1948 because then section 34(1), as amended, operated on the same field as section 5(1) and cases which were covered by section 5(1) could be dealt with under the procedure laid down in .....

Oma Ram Vs. State of Rajasthan and ors.

Court : Supreme Court of India

Reported in : JT2008(6)SC290; 2008(7)SCALE158; (2008)5SCC502; 2008AIRSCW3595; 2008(5)SCC502; 2008(3)Supreme207; 2008(4)LH(SC)2575

..... to clause (2) of article 254, the amendment act prevails over the relevant provisions in the indian evidence act, ipc and the code in relation to ..... by the insertion of section 54(a) of the rajasthan excise amendment ordinance, 2000 which was later on substituted by the amendment act along with section 54a, section 69 has also been amended and as per amended sub-section (6) of section 69 it has been provided that whenever any means of conveyance is seized in connection with commission of offence under the act, the excise commissioner or any officer authorized in this behalf by the ..... the excise commissioner or any officer authorised by the state government in this behalf, shall not prevent the infliction of any `punishment to which the person affected thereby is liable under this act.section 9b of the act which was introduced in the gazette notification dated 31.7.1998 reads as follows:bar of jurisdiction of civil courts; no civil court shall have jurisdiction to entertain any suit or proceeding to set ..... aside or modify;(a) any original order passed by any of the officer competent to do so under the provisions of this act;(b) any order passed under or referred to in section 9a.article 254 of the constitution reads as follows:(1) if any provision of a law made by the legislature of a state is repugnant to any provision of a law made by parliament ..... west bengal .....

The Animal Welfare Board Of India Vs. Union Of India

Court : Supreme Court of India

..... prevention of the prevention of the prevention of cruelty to animals cruelty to animals cruelty to animals cruelty to animals act, 1960 (tamil nadu (karnataka second (maharashtra ( principal act ) amendment) act, amendment) act, amendment) act, 2017 2017 2017 scope an act to prevent the an act to amend the an act further to an act to amend the infliction of prevention of cruelty amend the prevention of cruelty unnecessary pain or to animals act, 1960 prevention of cruelty to animals act, suffering on animals so as to preserve the to animals act, 1960 1960, in its and for that purpose cultural heritage of in its application to application to the ..... on this count the authorities cited were state of bihar and others -vs- indian aluminium company and others [(1997) 8 scc360, hoechst pharmaceuticals ltd. ..... sardana and others [(1997) 8 scc522, state of tamil nadu -vs- state of kerala and another [(2014) 12 scc696, madan mohan pathak and another -vs- union of india and others [(1978) 2 scc50, national agricultural cooperative marketing federation of india ltd. ..... nayak and another [(1988) 2 scc602 and maneka gandhi -vs- union of india and another [(1978) 1 scc248. .....

Shyamal Kumar Roy Vs. Sushil Kumar Agarwal

Court : Supreme Court of India

Reported in : AIR2007SC637; (SCSuppl)2007(1)CHN15; JT2006(9)SC483; (2007)1MLJ617(SC); 2006(11)SCALE159; (2006)11SCC331; 2007AIRSCW234

..... before embarking upon rival contentions of the parties, we may notice the provisions of the indian stamp act as amended in the state of west bengal by the indian stamp (west bengal amendment) act, 1990:indian stamp act was, indisputably, enacted keeping in view the revenue of the state. ..... interpretation of section 36 of the indian stamp act, 1899 ('the act'), as amended in the state of west bengal by indian stamp (west bengal amendment) act, 1990 (hereinafter referred to as 'the west bengal act'), falls for consideration in this appeal which arises out of a judgment and order dated 5th may, 2006, whereby and whereunder the review application filed by appellant herein from and order dated 13.4.2005 passed by ..... our notice was further drawn to schedule 1a of the west bengal amendment act in terms whereof stamp duty on instruments have been fixed and have undergone further amendment by the west bengal finance act, 2006. ..... (14) 'instrument' includes every document by which any right or liability is, or purports to be, created, transferred, limited, extended, extinguished or record; west bengal amendment of the said provision reads as under:33.1(a) every person having by law or consent of parties authority to receive evidence, and every person in charge of a public office, except an officer of police, before whom any instrument chargeable, in his opinion, ..... : [1978]3scr963 , which in our opinion has no application to the fact of the present case. .....

The State of West Bengal Vs. Subodh Gopal Bose and ors.

Court : Supreme Court of India

Reported in : AIR1954SC92; (1954)IMLJ314(SC); [1954]1SCR587

..... . i concur with my lord the chief justice that the view of the high court, calcutta, that section 7 of the west bengal revenue sales (west bengal amendment) act, 1950, is void as abridging the fundamental rights of the first respondent under article 19(1)(f) and (5) of the constitution cannot be sustained and i agree with the order ..... quoting the words of madison about the 'great and essential rights of the people' my lord concluded at late 199 : 'this has been translated into positive law in part iii of the indian constitution, and i agree that in construing these provisions the high purpose and spirit of the preamble as well as the constitutional significance of a declaration of fundamental rights should be borne in ..... reference in the sense indicated above, is also clear from the terms of sections 111 and 298 of the government of india act, 1935, where the same phrase is used in prohibiting imposition of 'disability' on grounds of religion, place of birth, descent, colour or any of them on a british subject domiciled in the united kingdom and on an indian subject of his majesty domiciled in india respectively, and those sections do not deal with expropriation of specific property belonging to such ..... referring to the demand of the indian delegation that the parliamentary bill which was later passed as the government of india act, 1935, should embody certain fundamental rights, the joint parliamentary committee ..... been translated into positive law in part iii of the indian constitution. 22. .....

Ratan Lal Adukia and Another Vs. Union of India

Court : Supreme Court of India

Reported in : AIR1990SC104a; (1990)1CALLT25(SC); [1989]3SCR440; 1989(2)LC382(SC)

..... reliance was also placed on section 21-a inserted by section 4 of the presidency small cause courts (west bengal amendment) act, 1980 which provides:21a. ..... and interesting question, of some general importance, whether the choice of the forum for the cognizance of suits envisaged in section 80 of the indian railways act, 1890 (as substituted by section 14 of the indian railways (amendment) act, 1961 (act 39 of 1961) is limited by section 80 itself or whether provisions of section 20 of the cpc, 1908 and section 19 of the presidency small cause courts act, 1882, as the cases may be, in regard to places of suing, are also applicable to the suits referred to in the said section 80.the question ..... section 14 of the indian railways (amendment) act, 1961, substituted the old section 80 by a new provision. ..... of the nature of the liability of the railway administration.we, therefore, agree with the learned counsel for the respondent that under the new act the liability of the railway has been increased so as to take upon itself the responsibility of a common carrier.the new comprehensiveness of the scheme of the amendments was one of the circumstances that commended itself to the high court to persuade it to hold that the new section 80 in chapter vii, constituted a complete ..... 35 of 1978 against the respondent in the court of the 6th sub-judge at alipore, distt. .....

Meerut Development Authority, Etc. Vs. Satbir Singh and Others, Etc.

Court : Supreme Court of India

Reported in : 1996VIIIAD(SC)164; AIR1997SC1467; JT1996(9)SC382; 1996(7)SCALE470; (1996)11SCC462; [1996]Supp6SCR529; 1997(1)LC29(SC)

..... west bengal state legislature emended it by west bengal amendment act, 1973 and prescribed a punishment of imprisonment for life for the selfsame offence under section 16(1) of the ..... . but a reading of it would clearly give us an indication that the proviso to sub-section (4) introduced by section 2 of the amendment act 5 of 1991 would deal with both the situations, namely, the notifications published on or after september 24, 1984 but before january 11, 1989 but also the declaration to be simultaneously published ..... exercises the power under articles 245 and 246 and other companion articles read with the entries in the respective lists in the seventh schedule to make the law which includes power to amend the law; (4) courts in their concern and endeavour to preserve judicial power equality must be guarded to maintain the delicate balance devised by the constitution between the three sovereign functionaries. ..... exercise of power of judicial review, has declared a particulate statute to be invalid, the legislature has no power to over-rule the judgment; however, it has the power to suitably amend the law by use of appropriate phraseology removing the defects pointed out by the court and by amending the law inconsistent with the law declared by the court so that the defects which were pointed out were never on statute for effective enforcement of the law. ..... has considered in extenso the case law in a recent judgment in indian aluminium co. ..... union of india : (1978)illj406sc ; state of .....

Mrinalini Roy Ratna Prova Mondal and Anothers Vs. State of West Bengal ...

Court : Supreme Court of India

Reported in : AIR1997SC2244; 1996(9)SCALE5; (1997)9SCC113; [1996]Supp9SCR70

..... ghosh, learned senior counsel, that the 'land', as defined under section 3(a) does not include fisheries; that is made explicit by the west bengal amendment act, 1981 bringing 'fishery' within the admit of the word 'land'. ..... that was a case under the west bengal estates acquisition act. ..... it is true that prior to the amendment act, 1981 tank fisheries were not expressly brought within the definition of land. ..... : air1974cal99 and state of west bengal and ors. v. ..... state of west bengal and ors. ..... : [1993]3scr481 paragraphs 6, 13, 14 and 16 and in state of west bengal v. ..... suffice it to state that notification under section 4(1) of the land acquisition act, 1894 (for short, the 'act') was published on may 14, 1956 for reclamation of the fisheries in the lands comprising cadastral plots enumerated in the notification, of an extent admeasuring more or less 8760.53 acres. ..... it would indicate that the authorities have understood that the act does not apply to acquisition of the fisheries rights and, therefore, the acquisition was without authority of law. ..... sub-section (3) of section 6 of the act gives conclusiveness to the public purposes.4. ..... it would, therefore, be not inconsistent with the declaration conclusiveness of which has been attached by operation of sub-section (3) of section 6 which is also consistent with section 114(h) of the evidence act. .....