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State of Madhya Pradesh and ors. Vs. Shyama Charan Shukla

Court : Supreme Court of India

Reported in : (1972)4SCC371; [1972]1SCR861; [1972]29STC215(SC)

..... (5) by virtue of section 78 of the states reorganisation act 1956, the state of madhya pradesh had no jurisdiction to recover the amount of tax in respect of sales prior to november 1, 1956 which had been completed at nagpur which was included in the state of maharashtra with effect from november 1, 1956 and (6) the appellate assistant commissioner and the board of revenue were in error in not entertaining the appeals on the ground that the amount of tax assessed had not been deposited.4. ..... but without deciding the other points which had been raised in the writ petition the high court disposed of the whole matter by referring to section 78 of the states reorganisation act 1956. ..... part vii of the states reorganisation act 1956 relates to apportionment of assets and liabilities of certain part a and part b states. ..... part vii in the states reorganisation act was intended to effectuate apportionment of assets and liabilities between the existing state and the successor state. ..... section 76 deals with land and goods, section 77 with treasury and bank balances and section 78 with arrears of taxes. ..... that section is in the following terms:the right to recover arrears of any tax or duty on property, including arrears of land revenue shall belong to the successor state in which the property is situated and the right to recover arrears of any other tax or duty shall belong to the successor state in whose territories the place of assessment of that tax or duty is included.5. .....

State of Madhya Pradesh and ors. Vs. Shyama Charan ShuklA.

Court : Supreme Court of India

Reported in : (1974)3CTR(SC)126

..... 78 of the states reorganisation act, 1956, the states of madhya pradesh had no jurisdiction to recover the amount of tax in respect of sales prior to november 1, 1956 which had been completed at nagpur which was included in the state of maharashtra with effect from november 1, 1956; and (6) the appellate assistant commissioner and the board of revenue were in error in not entertaining the appeals on the ground that the amount of tax assessed had not been deposited.4. ..... section 76 deals with land and goods, section 77 with treasury and bank balances and section 78 with arrears of taxes. ..... the high court has disposed of the matter mainly on the interpretation of section 78 of the act of 1956 with which we are unable to agree for these reasons the judgment of the high court is set aside and the matter is remanded to it to redecide the same and while doing so all the material points that arise for determination will also have to be decided by it.7. ..... 'existing state' was defined by section 2(g) to mean a state specified in the first schedule to the constitution at the commencement of act of 1956. ..... that section is in the following terms :'the right to recover arrears of any tax or duty on property, including arrears of land revenue shall belong to the successor state in which the property is situated and the right to recover arrears of any other tax or duty shall belong to the successor state in whose territories the place of assessment of that tax or duty is included. .....

Moosa Vs. State and ors.

Court : Kerala

Reported in : AIR1960Ker96

..... the states reorganisation act then intervened and so the section 6 notification was published in kerala gazette on 31-12-1957 in completion of the preliminaries ..... hence this petition, and the main ground raised are two-fold : (i) that the acquisition of the land was not for public purpose within the meaning of section 6 of the land acquisition act inasmuch as one individual alone was benefited thereby, and (ii) that the acquisition was mala fide in that kannan was already possessed of other property and dwelling house and the government had here only lent they aid to a scheme of revenge evolved by kannan as against his ..... approval to nichols on eminent domain where public purpose was held to exist:'in certain special and peculiar cases sanctioned by ancient customs or justified by the requirements of unusual local conditions, to enable individuals to cultivate their land or carry on business in a manner in which it could not otherwise be done, if their success will indirectly enhance the public welfare, even if the taking is made by a private individual and the public has no right to service from him or enjoyment of the property taken. ..... following this, the section 4(1) notification was published on 30-10-1956, the provisions of section 5(a) were dispensed with and orders for urgent assumption of possession were also passed ..... and because he still continued to occupy the premises, proceedings for trespass were started against him by the police and he had to furnish security for good .....

Mullaperiyar Environmental Protection Forum Vs. Union of India (Uoi) a ...

Court : Supreme Court of India

Reported in : AIR2006SC1428; 2006(1)ARBLR374(SC); JT2006(3)SC31; 2006(2)SCALE680; (2006)3SCC643

..... re: validity of section 108 of the states reorganisation act, 1956 (for short 'the act').20. ..... whether section 108 of the states reorganisation act, 1956 is unconstitutional?2. ..... on section 108 of the states reorganisation act, the stand taken by the state of tamil nadu is that this section, in pith and substance, deals with 'continuance of agreements and arrangements relating to certain irrigation, power or multipurpose projects' and it figures in the act under which the present state of kerala was formed.16. ..... the contention also runs counter to section 108 of the states reorganisation act, which expressly continues the agreement. ..... they have, inter alia, prayed that agreements of 1886 and 1970 be declared as null and void and consequential relief be granted and also that section 108 of the states re-organisation act, 1956, be declared ultra vires and unconstitutional as it encroaches upon legislative domain of the state legislature under entry 17 of list ii of the seventh schedule of the constitution of india.14. ..... the constitution confers supreme and exclusive power on parliament under articles 3 and 4 so that while creating new states by reorganisation, the parliament may enact provisions for dividing land, water and other resources; distribute the assets and liabilities of predecessor states amongst the new states; make provisions for contracts and other legal rights and obligations. ..... csmrs are specialist in carrying out geophysical and core tests and have a good reputation. .....

H. Hutche Gowda and ors. Vs. the State of Mysore and ors.

Court : Karnataka

Reported in : AIR1963Mys66

..... the transfer, in whole or in part, of the assets, rights and liabilities of the corporation including the transfer of any licenses or permits granted to the corporation, to any other corporation, body corporate or a commercial undertaking of any rather state government, and the terms sad conditions of such transfer;(f) the transfer or re-employment of any workmen of the corporation to, or by, any such transferee and subject to the provisions of section iii of the states reorganisation act, 1956, the terms and conditions of service applicable to such workmen after such transfer ..... all permits and licences held by the corporation relating exclusively to karnatak area were deemed to have been granted to the government of mysore.under section 5 of the order, all assets of the corporation including the land, motor vehicles, machinery, stores, articles and goods belonging to the corporation situated within the karnatak area were to pass to the government of mysore as from the ..... of employees; the third paragraph gives a list of acts and omissions which are to be treated as misconduct in the case of all employees the fourth paragraph gives a list of specific acts or omissions which constitute misconduct in the case of drivers, conductors, inspectors and checkers; the fifth and the sixth paragraphs as well as the seventh paragraph deal with punishments or order imposing punishment and the eight and last paragraph state that uninterrupted good conduct for a period of two years on duty .....

Orient Paper Mills Ltd. Vs. the State of Madhya Pradesh and ors.

Court : Madhya Pradesh

Reported in : 1971MPLJ560; [1971]28STC532(MP)

..... upon the formation of the new state of madhya pradesh in accordance with the provisions of the states reorganisation act, 1956, all rights and liabilities relating to this transaction devolved upon the new state of madhya pradesh. ..... and berar sales tax act, 1947, was in force in the state of vindhya pradesh and the definition of 'goods' in section 2(g) of that act, as modified and in force in that state, excluded from the purview of the act forest contracts that gave a mere right to collect timber, wood or forest ..... , in the view we have taken of the third ground, no sales tax was payable in respect of those sales and, therefore, neither section 64a of the sale of goods act, 1930, nor section 82 of the indian forest act, 1927, can be called in aid to sustain the steps taken for recovery of rs. ..... our opinion, this contention is untenable because, as we indicated earlier, the sales tax in this case is recoverable under section 64a of the sale of goods act, 1930, as part of the price of forest produce sold by the forest officers and section 82 of the indian forest act, 1927 entitles them to recover this sale price as an arrear of land revenue. ..... 613, as follows :standing timber may ordinarily not be regarded as 'goods' but by the inclusive definition given in section 2(7) of the sale of goods act, things which are attached to the land may be the subject-matter of contract of sale provided that under the terms of the contract they are to be severed before sale or under the contract of .....

Podar Mills Ltd. Vs. J.K. Synthetics Ltd.

Court : Mumbai

Reported in : 1988(2)BomCR572; [1989]66CompCas735(Bom)

..... under sub-section (2), it is provided as follows:section 3 :'(2) the textile undertaking shall be deemed to include all assets, rights, leaseholds, powers, authorities and privileges of the textile company in relation to the said textile undertaking and all property, movable and immovable, including lands, buildings, workshops, projects, stores, spares, instruments, machinery, equipment, automobiles and other vehicles, and goods under production or in transit, cash balances, reserve fund, investments and booklets and all other rights and interests in or arising out of ..... `textile undertakings' or `the textile undertaking' means an undertaking specified in the second column of the first schedule;(e) `textile company' means a company (being a company as defined in the companies act, 1956) specified in the third column of the first schedule, as owning the undertaking specified in the corresponding entry in the second column of that schedule;'7. ..... large sums of money to the companies owning these undertakings with a view to making the said undertakings viable..........further investment of very large sums of money is necessary for reorganising and rehabilitating the said undertakings and thereby to protect the interests of the workmen employed therein and to augment the production and distribution at fair prices of different varieties of cloth and yarn so as to subserve the interests of the general public...... ..... in the recital to the act, it is stated that 'be reason of mismanagement .....

Daya Ram and anr. Vs. State of M.P. and ors.

Court : Madhya Pradesh

Reported in : 2003(4)MPHT435

..... reorganisation act, 1956 and with the aforesaid object ..... state has given reasons that in view of large scale of poor population and to reach the poorest of the poor and landless persons it had become necessary to reduce the land and divert the land ..... . we may clarify that the land which is available in praesenti and which would be brought into the scheme for allotment by the state government from other types of unoccupied land except the land carved out under section 237 (1), the said land shall be allotted to the other landless persons as defined under the circular ..... landless person : category - ii: landless person category - ii means such actual cultivator or agricultural laborer residing in the state for not less than 12 years and who has- (1) no land; or (2) has one hectare or less of hilly or stoney land which is unirrigated; or (3) any other 1/2 hectare or less unirrigated land; or (4) with the members of his family jointly holds less than the prescribed area as per the situation obtaining (2 or 3 above); or (5) hold jointly ..... of priority as has been introduced in the circular is meant to provide adequate means of livelihood to the poor and weaker sections of the society and the same meets the basic ingredient of public good ..... and under these circumstances the substitution of 5% to 2% is absolutely unwarranted and, in fact, runs counter to the conception of public interest which is the basic and essential feature of public good in a welfare state. ..... the collective good has been .....

Siddeshwara International Vs. State of Karnataka Represented by Its Se ...

Court : Karnataka

Reported in : ILR2009KAR1356; 2009(3)KCCRSN99; 2009(4)AIRKarR367

..... declaring the larger areas as reserved forest under the karnataka forest act.e) under 'conclusion', the report states that under the existing laws, acts and notifications, the mining in the proposed area cannot be permitted as it falls in western ghats and the tanks getting silted up is potentially higher, unless extraordinary measures are taken during mining.f) the team suggested a small experimental pilot project in the land making use of environmentally sound mining practices with conditions they ..... in reply to the same the petitioner stated that they have not done any illegal mining and they have only transported the stacked iron ore stones which were collected much earlier, at the time of levelling the land and requested to send a team to verify the factual situation. ..... the entire 280 acres of patta land and the adjoining notified and proposed forest areas have good natural forest cover and are very sensitive from environmental and ecological conservation angle. ..... there is also a resulting misconception about the need of prior approval of the central government, as required by section 2 of the act, in respect of certain activities in the forest area which are more often of a commercial nature. ..... on the date of reorganization of states in the year 1956, there were different forest laws in force, in the five integrating parts of the mysore state. .....

Thiashola Plantations Private Ltd. Vs. The State of Tamil Nadu represe ...

Court : Chennai

..... while so, the settlement officer published a notification dated 03.08.2011 in the district gazette of nilgiris under section 53 of the act on 11.08.2011 specifying the taluks, village names, survey numbers and extent of ryotwari lands and forest lands, impugning which, these writ petitions have been filed. 8. ..... direct the state government to complete the survey andsettlement of all janmam land under the janmam act and notify them as janmam forests under section 53 of the gudalur janmam act and notifying them as reserved forest under the tamil nadu forest act, 1882 by completing all the formalities within the period of three months. ..... all the learned counsel appearing for the petitioners, in unison, submitted that a pre-decisional hearing by the settlement officer under section 53 of the act read with rules 37 and 38 of the rules is a sine qua non and even if the section does not provide specifically for the same, principles of natural justice, which inheres in every administrative and quasi judicial action, casts a duty upon authorities, to hear the aggrieved parties before passing an order that is likely to affect their ..... after the reorganisation of the states in 1956, certain portions of gudalur went into the control of the state of kerala and certain other portions fell within tamil nadu. .....