Court : Kolkata
Reported in : 2006(2)CHN577
..... became ineffective or infructuous and on that basis the state government had been only delegatee of power of making rule under section 15 of the said 1957 act and the state legislature had no independent law-making power of their own and as such section 4c of the west bengal land reforms act as introduced by the said amendment in the year 1981 could not operate as a valid provision in view of the provision made in section 15 of the said mines and minerals ..... said interim order in terms of prayer-'f', the concerned respondents were restrained by way of an injunction from 'taking any step and/or further step on the basis of section 4c of the west bengal land reforms act, 1955, as amended and the respondents were further directed to allow the petitioners to extract earth on payment of usual assessed royalty till the disposal of the writ petition.5. ..... assessees in that appeal claimed that the issue there was directly and squarely governed by an earlier decision of the supreme court rendered by a seven-judge bench in the case of indian cement reported in 1990(1) scc 12 striking down a similar levy under tamil nadu act holding the same to be boyond the legislative competence of the state legislature, the hon'ble supreme court, however, after having considered the long line of authorities and ..... first writ petitioner, it appears, is the association of bengal brickfield owners which is a non-profit making organization and was incorporated under the provisions of the indian companies act, 1913. .....
Tag this Judgment!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 .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2012CrLJ1747
..... in the said case the effect of west bengal amendment in 1927 act was under consideration before the supreme court. ..... the amendments carried out by the state of west bengal by reason of sections 59-a to 59-g in the indian forest act provide for a complete code ..... the necessary corollary of such provisions is that in a case where the authorised officer is empowered to confiscate the seized forest produce on being satisfied that an offence under the act has been committed thereof the general power vested in the magistrate for dealing with interim custody/release of the seized materials under crpc has to give way. ..... it is not in dispute between the parties that forest officials sent an intimation of aforesaid seizure to the magistrate as per section 52 of 1927 act (madhya pradesh amendment) and it is also not in dispute that such an information was duly received by the concerned magistrate. 3. ..... issue travelled to supreme court in (2004) 4 scc 159 (state of west bengal and others vs. ..... 6856/2010 has also placed heavy reliance on section 55 of the 1927 act (madhya pradesh amendment) and submits that unless the petitioners are found to be guilty by an authority/court of competent jurisdiction, their vehicles cannot be even ..... of west bengal amendmentsec. ..... in the opinion of this court, the provisions of 1927 act (madhya pradesh amendment) in no uncertain terms make it crystal clear that the procedure is laid down for the purpose of seizure, confiscation ..... (1978) 1 aplj 391 and by kondaiah, c.j .....
Tag this Judgment!Court : Kolkata
Reported in : (1976)5CTR(Cal)28
..... order passed in the cases of the said companies provisions of section 23 of the indian income-tax act, 1922 (as it stood prior to its amendment in 1955) as the case may be, were assessable in the hands of the assessee ..... the income-tax officer applied the provisions of section 23-a of the indian income-tax act, 1922 (before amendment in 1955) and passed an order that the undistributed portion of the distributable income of the company should be deemed to be distributed and the amount appropriated to the shares of the family were sought to be calculated in ..... in our opinion, the assessee is liable as a shareholder under section 23-a of the 1922 act as it stood prior to its amendment in 1955, and the order under the said section, in our opinion, was rightly passed ..... income-tax, west bengal vs . ..... income-tax, west bengal vs . ..... above contentious learned counsel has relied on the provisions of the indian companies act, 1913, and companies act 1956 and a passage in halsburys laws of england (3rd edn ..... observed that : 'the position, therefore, under the indian companies act, 1913 is quite clear that the expression shareholder or holder of a share in so far as that act is concerned, denotes no other person except a member ..... tribunal as the third member passed an order agreeing with the decision of the judicial member observed that :'as regards the argument based on section 30 of the companies act, 1913, the extracts given from lindley and buckleys books would not appear to be sufficient answers. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1988KAR509
..... (4) notwithstanding anything contained in the foregoing provisions of this paragraph, a person who, on the commencement of the constitution (fifty-second amendment) act, 1985, is a member of a house (whether elected or nominated as such) shall, -(i) where he was a member of a political party immediately before such commencement, be deemed, for the purposes of sub-paragraph (1) ..... with a message requesting that the house or houses to reconsider the bill or any specified provisions thereof and in particular to consider the desirability of introducing any such amendments as he may recommend in his message and when a bill is so returned, the house or houses should reconsider the bill accordingly and if the bill is passed again by the house ..... or zilla parishad shall be deemed to be a public servant within the meaning of section 21 of the indian penal code and the prevention of corruption act, 1947 (central act ii of 1947) for the time being in force, and therefore if he commits any offence as defined under the prevention of corruption act, 1947 then he as a public servant will be liable for the punishment provided for under the provisions ..... to the right to equality under article 14 of the constitution by the supreme court in airport authority case, : (1979)iillj217sc maneka gandhi's case, air 1978 sc 1628 and nakara's case, : (1983)illj104sc the validity of section 3 will have to be decided from the stand point of arbitrariness in the application ..... 2scr111 , state of west bengal v. s.k. .....
Tag this Judgment!Court : Kolkata
Reported in : [1990(60)FLR397],(1991)ILLJ85Cal
..... under section 8 of the industrial disputes (west bengal 2nd amendment) act, 1980 it is provided as under:after section 17-a of the principal act, the following section shall be inserted:'17-b-pronouncement and commencement of award, etc. ..... the learned tribunal also referred, inter alia, to rule 27 of the west bengal industrial disputes rules, 1958 which, inter alia, provides that no application for review under clause (iii) shall be entertained on the expiry of 15 days from the date of the award.4. mr. ..... rule 20-a of the west bengal industrial disputes rule, 1958, hereinafter referred to as the rules, provides that upon receipt of a reference from the government under section 10, the industrial tribunal/labour court concerned shall issue notice in form d-2 upon the ..... in this application under article 226 of the constitution of india, an award dated 22nd december, 1988 passed by the learned 3rd industrial tribunal, west bengal and order no. ..... it may be remembered in this connection that section 17-aa which is the state amendment, begins with a non obstante clause and provides that 'every award ..................... ..... jatin ghosh, bar at law, appearing on behalf of the respondents, referred to sub-section (3) of section 20 of the industrial disputes act to show that the proceedings before a tribunal shall be deemed to have concluded on the date on which the award becomes enforceable under section 17-a. mr. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1966Cal488,69CWN921
..... there, in an amendment, made to the old statute (the west bengal premises rent control (temporary provisions) act, 1950) by or through the referring statute (the city civil court act), thenew statute (the west bengal premises tenancy act, 1956) was sought to be read or substituted, for which course no authority could be ..... we may add also that the exception or reservation clause 'unless a different intention appears' in the otherwise relevant section 10 of the bengal general clauses act, corresponding to the above section 8(1) of the indian general clauses act, would have, in the above context, apart from anything else, been sufficient to rule out the application of the said section or its underlying principle in the said case ..... of limitation' in the first part of the section (section 30) under the definition section 2(j), there can be no doubt that the other or later expression 'period of limitation prescribed by the indian limitation act, 1908', used in the said section (section 30), means the period prescribed by the said act, that is, as computed thereunder in the light of section 3 thereof or, in other words, sections 4 to 25 (inclusive), as mentioned therein.17. ..... and does not, in any way, militate against the view that, on the above statutory provision (section 8(1) of the indian general clauses act) and its underlying principle, the new limitation act will apply to civil court act and should be deemed to be substituted in place of the old in section 8(2)(b) of the same. mr. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2006(6)ALT523; 2007(1)CTC97; AIR2007AP57; 2007(2)AIRKarR382(FB)
..... containing contracts to transfer for consideration, any immovable property for the purpose of section 53a of the transfer of property act, 1882 (4 of 1882) shall be registered if they have been executed on or after the commencement of the registration and other related laws (amendment) act, 2001 and if such documents are not registered on or after such commencement, then, they shall have no ..... decree or order or award or a copy thereof passed by a civil court, on consent of the defendants or on circumstantial evidence but not on the basis of any instrument which is admissible in evidence under section 35 of the indian stamp act, 1899, such as registered title deed produced by the plaintiff where such decree or order or award purports or operate to create, declare, assign, limit, extinguish whether in present or in future any right, title or interest ..... the division bench relied on section 4b of west bengal land reforms act, 1955, which required collector's permission for felling the trees by owners of non-forest private plantations and held that the appellant ..... of representation;(i) that if the date is written in any document other than a will presented for registration after the death of the testator according to both the british and the indian calendars, these dates tally; and(j) that if the present ant is not personally known to the registering officer, he is accompanied by such identifying witnesses with whose testimony the registering officer may be ..... indian stamp act as amended .....
Tag this Judgment!Court : Kolkata
Reported in : AIR2002Cal144; (2001)3CALLT484(HC)
..... since that cause of action was not available to the landlord in view of the provisions under section 13(3)(a) of the west bengal premises tenancy act, 1956, the learned judges held that since the cause of action to file a suit matured during its pendency that should be a ground for allowing the plaintiff to withdraw the suit filed prematurely and ..... it is not in dispute that after the filing of the suit the plaintiff respondent filed an application for amendment of the plaint trying to bring on record certain subsequent events namely that after the expiry of the sublease granted in favour of the defendant-appellant by eflux of time on 24.6.1984, the teanancy of the ..... learned counsel for the respondent to the contrary that in view of the stand taken by the appellant in the letter dated 8th november, 1983 and in view of the provisions of section 39 of the indian contract act, the said suit is maintainable is not acceptable to this court. ..... . in one of the early decisions in the case of barabant coal concern, (lxiv indian appeal 311) sir george rankln, speaking for the judicial committee and after considering analogous principles of english law, explained the rationale behind the section as follows in page 391 of ..... therefore, stated that the suit is maintainable under section 34 of the specific relief act read with section 39 of the indian contract act. ..... decisions was rendered in the case of ramanandan chetti v pulikutti servai and ors, reported in indian law reports xxi madras, 288. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1993Cal39,(1992)2CALLT475(HC),1992(2)CHN163,97CWN368
..... work within two years of the date on which the erection of the building or the execution of the work is sanctioned (the words 'or is deemed to have been sanctioned') were omitted by s.36 of the calcutta municipal corporation (second amendment) act, 1984 (west bengal act xiii of 1984) w.e.f. ..... alteration of a building may be refused on the following grounds, namely :-- (1) that the work, or any of the particulars comprised in the site plan, building plans, elevations, sections or specifications would contravene some specific provision of this act or some specific order, rule of bye-law made thereunder; (2) that the application for such permission does not contain the particulars or is not prepared in the manner prescribed in this schedule; (3) that, in the case of a ..... of the amending act 68 of ..... body is a separate body than the state of west bengal and carries on its functions in accordance with a statute which has been framed by the state legislature which, in accordance with the very basic scheme of our constitution, is utterly different from the executive government of the state of west bengal. ..... commissioner might see it fit thereafter to issue a sanction, but then i ask myself this question, is a free indian citizen (or his company) to be left to such remedies in the matter of constructing buildings legally on his own land ..... the purpose of incorporating transi-tional provision in any act or amendment is to clarify as to when and how the operative parts of the enactments are to .....
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