Judgment Search Results Home > Cases Phrase: sugar development fund act 1982 amending act 1 sugar development fund amendment act 2002 Page 2 of about 10,299 results (0.340 seconds)

Forum For Peoples Collective Efforts (fpce) Vs. The State Of West Beng ...

Court : Supreme Court of India

..... 24 35 in state of orissa vs m/s m a tulloch , the legislation in issue was the orissa mining areas development fund act, 1952 under which certain areas were constituted as mining areas and the state government was empowered to levy a fee 24 (1964) 4 scr461132 part h at a percentage of the value of the mined ore at the ..... bench dealt with the question as to whether the kerala chitties act, 1975 became repugnant to the chit funds act, 1982 enacted by parliament on the date when the parliamentary legislation received the assent of the president or subsequently, when a notification was issued under section 1(3) bringing the central act into force in the state of kerala. ..... necessary, therefore, to compare the provisions of act 65 of 1951 as amended by act 26 of 1953, act 10 of 1955 and the sugar control order, 1955 issued thereunder with those of the impugned act and u.p. ..... reason that the ambit of entry 24 of list ii has been explained in the decisions of the constitution bench in tika ramji vs 10 11 state of up and itc ltd vs agricultural produce market committee 10 (1956) scr39311 (2002) 9 scc232108 part g to exclude those subjects which are specifically included in the other entries of list iii in the seventh schedule; and c. ..... a notification was issued under which the provisions of the securitization and reconstruction of financial assets and enforcement of security interest act, 2002 ( sarfaesi act ) were applied to certain non-banking financial institutions, including the respondent .....

M. Ranga Reddy Vs. State of Andhra Pradesh and anr.

Court : Andhra Pradesh

Reported in : AIR1989AP81

..... section 35 of the ordinance provided that 'notwithstanding anything in any judgment, decree, or order of any court or tribunal or other authority to the contrary, the committee which is constituted before the commencement of andhra pradesh cooperative societies( amendment) ordinance, and continuing as such at such commencement after the expiry of its term or the extended term, if any, shall on such commencement cease to function and all the members thereof shall be deemed to have vacated their ..... section 11 of the 1987 amendment act abolishing all the primary agricultural development banks is violative of article 19(1)(c) of the constitution. ..... it did not choose to apply for extension of time; it never thought it fit to tell this court that the legislature has passed the 1987 amendment act; that for certain reasons, if any, elections cannot be held as directed by this court, and that, therefore, time should be extended. ..... instance that the society as such cannot make the said complaint, inasmuch as the fundamental rights guaranteed by article 19(1) are available only to citizens, and not to corporations, and then proceeded to observe : 'the provisions in the act govern the duties and privileges, rights and liabilities, property and funds, the audit inspection and surcharge, the dissolution and amalgamation of co-operative societies and its members. ..... the west godavari cooperative sugars ltd. .....

Baldeo Choudhary and ors. Vs. State of Bihar and ors.

Court : Patna

..... (a) tolls shall be collected by the corporation on behalf of the state government and shall be deposited with a scheduled bank or banks by the corporation under a separate and distinct head 'bihar bridge development fund' created for the purpose. ..... in this case there was challenge to the constitutional validity of the bihar tax on entry of goods into local areas for consumption, use or sale therein act, 1993, which provided for levy of tax on entry of scheduled goods into a local area for consumption, use or sale therein at a rate not exceeding 5% as might be specified by the state government the high court held ..... applied to meet the expenses already incurred or to maintain or repair the bridges, as disclosed in the affidavit-in-opposition filed on behalf of the state, but it does not loose its compensatory character for the purpose of creating a 'fund' for construction of further bridges in the state because such purpose cannot be said to be a purpose for which the toll cannot be levied. ..... the act was amended by the indian tolls (bihar amendment) act, 1965 ..... yet another decision of the supreme court in the case of sasa musa sugar works and ors. v. ..... 1982 all lj 1085 (db), the petitioner had challenged the notification issued by the state government under section 2 of the indian tolls act, 1851, and sought a mandamus commanding the state government not to include the cost of construction of bandit approach roads, miscellaneous expenses and interest on the construction of the two .....

P. Baluchamy Vs. the State Rep. by the Secretary to Govt., Co-operatio ...

Court : Chennai

Reported in : 2003(3)CTC65; (2003)IIILLJ815Mad; (2003)3MLJ54

..... the tamil nadu co-operative societies act, 1983 (act 30/1983) was enacted repealing tamil nadu co-operative act, 1961 (act 53/1961) and the tamil nadu co-operative land development act, 1934 (act 10/1934), as in the co-operative movement there had been vast progress which necessitated the state legislature, to bring in a comprehensive legislation to achieve the ..... the principle of damayanti's case, (supra) has no application herein, inasmuch as that was a case where a society incorporated under the societies registration act was sought to be converned into a statutory body and in that process its membership and all allied matters were sought to be changed to, the ..... claim under article 19(1) of the constitution of india, held as follows:'the provisions in the act govern the duties and privileges, rights and liabilities, property and funds, the audit inspection and surcharge, the dissolution and amalgamation of co-operative societies and its members. ..... the preamble of the act says that the act is passed to provide for an orderly development of the cooperative movement in accordance with co-operative principles such as open membership, democratic management, limited interest on capital, distribution of surplus based on patronage, provision for co-operative education and co-operation among ..... to agree with the counsel for the petitioners that section 11 of the amendment act is void for the reason that it violates article 19(1)(c).' '27. ..... officer, the west godavari co-operative sugars ltd. .....

Syed Mohd. Asif Vs. State of U.P. and anr.

Court : Allahabad

Reported in : AIR2003All43

..... initiated after such declaration with the approval of the state government, hereinafter in this section referred to as special avas parishad schemes) shall in respect of a development area remain suspended and sub-section (3) of section 139 of the uttar pradesh (municipal corporations act, 1959) shall have effect as if the requirement as to constitution of a development fund were suspended with effect from the date of constitution of the authority for that area and until the dissolution of such authority, and ..... by this writ petition, the petitioner has prayed for writ of certiorari quashing the order dated 2nd september, 2002 and the show cause notice dated 25th september, 2000 and also writ of prohibition prohibiting the proceedings.3. ..... municipal corporation act, 1959) as the case may be and in force on the date immediately before the date of commencement of this act, shall, insofar as they are not inconsistent with the provisions of this act, continue in force, until altered, repealed or amended by any competent authority under this act).'11. ..... the provisions of repeal and consequential amendments as contained in section 19 also contemplate that by this provision various enactments pertaining to eviction were repealed. ..... amendment by u.p. ..... ' section 19 is with regard to repeal and consequential amendments. .....

Sk. Mahammed Hushen Vs. Jamini Nath Bhattacharji

Court : Kolkata

Reported in : AIR1938Cal97

..... sugar development ..... obligation or liability already acquired, accrued or incurred before such date, or (d) any remedy or proceeding in respect of such right, title, obligation or liability; and nothing in any other provision of this act shall render invalid or in any way affect anything already done before the 1st day of april 1930, in any proceeding pending in a court on that date; and any such remedy and any such proceeding ..... part performance of the con-tract, taken possession of the property or any part thereof, or the transferee being already in possession, continues in possession in part performance of the contract and has done some act in furtherance of the contract, and the transferee has performed or is willing to perform his part of the contract, then, notwithstanding that the contract though required to be registered has not been registered, or ..... this therefore prevents only certain specified sections of the amended act from being retrospective; with regard to the rest which include section 16, the implication is that they would be retrospective with this exception ..... this section first lays down that certain amendments made by act 20 of 1929 shall not be deemed to affect the terms or incidents of ..... before i come to the act itself by which this section was introduced, it may be useful to enquire, as to whether the state of law at the time when the amending act was passed, and the object which the legislature had ..... act which is called the transfer of property amendment act and .....

Shree Hanuman Sugar and Industries Ltd. Vs. Union of India (Uoi) and o ...

Court : Patna

..... augment indigenous sugar production and mitigate the hardship of the entrepreneurs involved in the execution of high cost sugar projects, as well as to enable them to become viable by utilising surplus funds generated through higher free sale quota for repayment of term loans advanced by the central financial institutions and the sugar development fund. ..... of the incentive scheme that shall ensure that the surplus funds generated through sale of the incentive sugar are utilised for re-payment of term loans, if any, outstanding from the central financial institutions/sugar development funds. ..... warranted because otherwise the intendment of the legislature will be defeated and the class of tenants for whom the beneficial provisions were made by the ordinance and the amending act will stand deprived of them. ..... insofar the provisions of the scheme relevant in the present context are concerned, the 'restructured sugar factory' shall mean a factory having the capacity ranging from 1250 tcd to 1500 tcd, to expand their capacities to a level of 2500 tcd subject to the condition that the ..... factories act was enacted to consolidate and amend the ..... annexure-9), has been allowed to be challenged in this writ petition by amendment of pleadings.6. ..... the definition of 'worker' in the factories act,therefore, does not seem to us to exclude those employees who are entrusted solely with clerical duties, if they otherwise fall within the ..... less than the judiciary, is under a general duty to act fairly. .....

Assam Roller Flour Mills Association and ors. Vs. State of Assam and o ...

Court : Guwahati

..... on a scrutiny of the scheme of the haryana rural development fund act, 1983, the constitutional validity whereof was challenged, the division bench of the apex court in om prakash agarwal and others (supra), returned a finding that the purposes enumerated in the legislation for which the funds comprising the levy were to be expended, rendered the cess ..... challenge to the constitutional validity of section 3d, 3e, clause (ii) and (iii) of explanation-1 to section 21 as well as section 21(1), 21(2), 21(3), 21a, 23 and 25(xiii) of the assam agricultural produce market act, 1972 as amended by assam agricultural produce market (amendment) act, 2000 and the assam agricultural produce market (amendment) act,2006 with the consequential relief of refund of the cess collected thereunder by the respondents together with the interest @ 15% thereon for the period 13.08.2001 to 08.12.2005 and till ..... shankar makhana bhandar (supra), by the bihar agricultural produce markets (validation) act, 1982, market fee levied, collect or to be levied or collected was sought to be saved from being illegal and invalid on the ground of ..... bihar agricultural produce market act, 1960, could apply to the transaction of purchase of sugarcane by the sugar mills and also of sugar and molasses despite the fact that such exploits were already being regulated by the bihar sugar cane (regulation of supply and purchase) act, 1981 as well as sugarcane (control) order, 1966 and the sugar (control) order, ..... : [2002]supp3scr220 , .....

Adhiyaman Educational and Research Institutions Vs. the State of Tamil ...

Court : Chennai

Reported in : AIR1991Mad246

..... areas development fund act (27 of 1952) after the passing of mines and minerals (regulation and development) act (1957 ..... its own yardstick in deciding the suitability of any technical institution for being approved and this will be against the object and very purpose of the act 52 of 1987 and it will defeat the object and very purpose of the act".however, the learned judge look the view that the university could take action under statute 44(a) in chapter xxvi of volume 1 of the calendar of ..... impugned order therein could not be supported as one passed in the exercise of powers conferred by rule 149 of the rules framed under the motor vehicles act, as it did not appear on the face of the record that the central road traffic board was purporting to exercise a power conferred by the ..... was no question whatever of the state act trenching upon the jurisdiction of the centre in regard to sugar industry which was a controlled industry within ..... law with respect to the same matter including a law adding to, amending, varying or repealing the law so made by the legislature of the ..... sugar factories control act (1 of 1938) with those of the impugned act that the latter merely confined itself to the regulation of the supply and purchase of sugarcane required for use in sugar factories and did not concern itself at all with the controlling or licencing the sugar factories, with the production or manufacture of sugar or with the trade and commerce in, and the production, supply and distribution of sugar .....

Commissioner of Income Tax Vs. Salem Co-operative Sugar Mills Ltd.

Court : Chennai

Reported in : (1997)138CTR(Mad)352; [1998]229ITR285(Mad)

..... bombay high court said was that inasmuch as the assessee was not having any right over the amount in the molasses storage fund and the assessee has lost all the domain over such amount, it was held that the amount collected by way of molasses storage fund had gone out of the hands of the assessee, which is not available for its utilisation, unlike the contingencies reserve ..... in view of the later decision of the supreme court in : [1996]218itr195(sc) cited supra, wherein the supreme court held that even if under a statutory obligation cast on the assessee; the molasses storage fund was created, that would not render the income collected for the construction of molasses storage tank would amount to diversion of income by overriding title. ..... co-operative society, carrying on business, in manufacture and sale of sugar, collected amounts along with the sale price of alcohol for creating molasses storage fund in accordance with the molasses control (amendment) order, 1972, dt. ..... counsel appearing for the assessee submitted that the amount collected as per the direction given in the molasses control (amendment) order, is also entitled to be deducted as revenue expenditure, while computing the total income of the assessee ..... 18g of the industries (development and regulation) act, 1951, the central government prescribed certain maximum ex-distillery prices of ethyl alcohol as ..... 106 of 1982, the tribunal referred the following question for the opinion of this ..... : [1982]138itr111(cal ..... , 1982, in t. .....