Judgment Search Results Home > Cases Phrase: tamil nadu municipal laws second amendment act 2011 Court: kolkata Page 1 of about 103 results (0.198 seconds)

Punalur Paper Mills Ltd. Vs. Land Acquisition Collector

Court : Kolkata

..... versus harakchand misirimal solanki reported in (2014) 3 scc183; (iv) sree balaji nagar residential association versus state of tamil nadu & ors.reported in (2015) 3 scc353; and (v) rajiv chowdhrie huf versus union of india & ors.reported in (2015) 3 scc541 relying on the above decisions he submitted the position had ..... versus harakchand misirimal solanki reported in (2014) 3 scc183; (ii) sree balaji nagar residential association versus state of tamil nadu & ors.reported in (2015) 3 scc353; and (iii) rajiv chowdhrie huf versus union of india & ors.reported in (2015) 3 scc541 relying on the above decisions he submitted the position ..... of time occasioned by interference of court in the matter of publication of notification or making of award under sections 6 and 11a of the old act brought in by way of amendment in the year 1984, made clear that parliament had consciously omitted to make such exclusion in the application of the provisions of section 24 of the act of 2013. ..... court in the cases of :(i) pune municipal corporation & anr. ..... appeared on behalf of the state and prayed for an adjournment to give his reply to the submissions of law made and recorded as above. ..... appeared on behalf of the state and prayed for an adjournment to give his reply to the submissions of law made and recorded as above. ..... second point urged by mr.mukherjee was that in any event the acquisition proceedings initiated by the state attracted application of section 24 of the land acquisition and rehabilitation act, .....

Kolkata Municipal Corporation Vs. Harbans Lal Malhotra and Sons Pvt. L ...

Court : Kolkata

Reported in : 2006(3)CHN237

..... scc 138 that while in the background of interpretation of prevention of corruption act and the amendment brought thereto by the government of tamil nadu, the apex court was of the view that the word 'or' would give the scope of al tentative remedy and in the case reported in 1987(3) scc 208, the apex court thought that in the special background of labour law legislation the word 'and' should be taken as disjunctively used conjunction to ..... decisions one thing is very much clear and it cannot be disputed by either of the parties that what would be the actual meaning of the word 'and' or 'or' would certainly depend on the background and intention of the act in force and keeping this interpretation in mind, when i look at section 174(1) and (2) together with sub-section (4a), i am of the opinion that the intention of the statute was to treat vacant land at a ..... taken me through paragraph 9 of the judgement reported in 1999(5) scc 138 to show that the world 'or' and the word 'and' sometimes used in rules, laws or bye-laws with specific intention of its maker and the meaning of 'or' and the word 'and' shall depend on the factual background under which such conjunction was used. mr ..... after hearing, the learned advocate for the appellant kolkata municipal corproation and the opposite party on the last occasion the points for determination arose whether the tribunal in its order impugned in this application was justified for the purpose ..... though the second judgement reported in 1987(3) scc .....

Trimplex Industries Pvt. Ltd. Vs. State of West Bengal

Court : Kolkata

Reported in : AIR1993Cal39,(1992)2CALLT475(HC),1992(2)CHN163,97CWN368

..... (3) if the person as aforesaid or any one lawfully claiming under him does not commence the erection of the building or the execution of the 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. ..... 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 building (other than a hut) ..... 30(2) of the amending act 68 of 1984. ..... just as it is to be assumed that public authorities like municipal bodies are acting diligently and in accordance with law, unless proved otherwise, it is similarly to be assumed thata person building upon his own land will bring up a safe and sound structure with bona fide intentions of using the same legally unless something to the contrary ..... banerjee submitted that under s, 398 of the calcutta municipal corporation act, 19so, it would not be open today to hold that the application became approved by operation of law in april, 1988. .....

Tata Motors Limited and anr. Vs. the State of West Bengal and ors.

Court : Kolkata

..... in the case of jilubhai (supra) the supreme court also held that the bombay land revenue code and land tenure abolition laws (gujarat amendment) act 8 of 1982 fell within entries 18 and 23 of list ii read with entry 42 of list iii.491. ..... the state legislature can make laws regarding money-lending even where gold is involved under entry 30, list ii, even as it can regulate gambling in gold under entry 334, impose sales tax on gold sales under entry 54, regulate by municipal laws under entry 5 and by trade restrictions under entry 26, the type of buildings for gold shops and the kind of receipts for purchase or sale of precious ..... state of tamil nadu reported in (2010) 10 scc 96 where the supreme court held on the subject matter concerned certain estates and lands which reads as follows : the 1969 act is a piece of legislation for abolishing feudal tenure and is a measure of land reforms in pursuance of the directed principles of state policy ..... 802, para 5)5once the original acquisition is valid and title has vested in the municipality, how it uses the excess land is no concern of the original owner and cannot be the basis for invalidating the ..... petitioner paid lease rent annually as well as all municipal and panchayet rates and taxes and other outgoings. ..... the second endorsement on the sheet made on the same day records that such notice had been issued and service return were in the records.now the notice stated 21st june, 2011 addressed to the managing director of tata motors .....

Soumitra Banerjee and ors. Vs. State of W.B. and ors.

Court : Kolkata

Reported in : 2004(3)CHN545

..... state other than the state of west bengal, on or after the date of coming into force of the west bengal additional tax and one-time tax on motor vehicles (second amendment) act, 2003, shall pay life-time tax as specified in schedule iii in lieu of tax payable under the west bengal motor vehicles tax ..... additional tax and one-time tax on motor vehicles tax (amendment) act, 2003 (west bengal act xiv of 2003), the west bengal motor vehicles tax (amendment) act, 2003 (west bengal act xix of 2003) and the west bengal additional tax and one-time tax on motor vehicles (second amendment) act, 2003 (west bengal act xx of 2003).3. ..... under the west bengal additional tax and one-time tax on motor vehicles (second amendment) act, 2003 for the next five years. ..... defence taken by the state of west bengal in affidavit-in-opposition may be epitomized thus :a) imposition of taxes by way of impugned amendment acts are compensatory and regulatory in nature as it appears from summary statements of revenue given by the state government on account of imposition of tax under reference vis-a-vis ..... 100 crore had been allocated in the current year's budget in favour of panchayat bodies as also zila parishads and urban local bodies including municipal corporations.d) a considerable amount is being spent by the state government on maintenance of law and orders in the roads by the police and that apart, out of the budgetary allocations made in favour of home (police) department, a large amount has ..... tamil nadu .....

Lakshmimoni Das and ors. Vs. State of West Bengal and ors.

Court : Kolkata

Reported in : AIR1987Cal326,(1987)1CALLT371(HC),92CWN72

..... not be the intention to take over such lands.3) implied admission by the legislature evidenced by, the calcutta thika tenancy (second amendment) act 1969 by conferring a right to apply to a residential thika tenancy right to make pucca structure, with the leave of the thika controller.4) the intrinsic evidence in section 3 of the impugned act which provides that a thika tenant can construct pucca structure for limited purpose and in other cases only with approval and ..... ' we may lake judicial notice of the fact that in calcutta and other municipal areas whenever any construction is to be made, one has to take sanction from the concerned municipal authorities and in all municipal acts, certain guidelines are given in the form of building rules which are required to be observed ..... that the regulation of construction of haphazard pucca structure in the city of calcutta or in the town of howrah are taken care of by the concerned municipal acts which contain elaborate rules and regulations relating to construction of new building and making additions or alterations thereto. mr. ..... statute in its context, and i use context in its widest sense which i have already indicated as including not only other enacting provisions of the same statute, but its preamble, the existing state of the law, other statutes in pari materia, and the mischief which i can, by those and other legitimate means, discern that the statute was intended to remedy.' mr. ..... [1970]3scr745 and in the case of state of tamil nadu v. .....

Sanjay Dalmia Vs. Additional Collector of C. Ex. and Customs

Court : Kolkata

Reported in : 1989(22)ECC16,1991(55)ELT518(Cal)

..... amongst others was dealing with section 7(1) of the criminal law amendment act, 1952 and other provisions of the criminal procedure code and evidence act, apart from the provisions of the civil procedure code.24 ..... 7(1) of the criminal law amendment act, 1952 creates a condition which is sine qua non for the trial of offenders under section 6(1) of that act. ..... shankar and as published, amounted to contempt of the supreme court or in other words, whether the speech has the effect of bringing the said court in disrepute and has on ultimate analysis of the facts and law observed, that a conjoint perusal of the act and rules makes it clear that, so far as this court is concerned, action for contempt may be taken by the court on its own motion or on the motion of the attorney-general (or solicitor general) ..... , it is a paramount importance to establish the service of the order of the court said to have been disobeyed upon the person alleged to have been committed contempt thereof, secondly the precise act of contempt, thirdly, the precise responsibility of the contemner in the act of contempt and fourthly the date of the alleged contempt being subsequent to the service of the order said to have been disobeyed, as the four indispensable requisites and failure to ..... state of tamil nadu (supra), the particulars whereof have been indicated earlier and submitted that in view of the nature of the order, it cannot be said that the learned trial judge was not justified in passing ..... municipal corporation .....

Sanatan Alias Sona Layek Vs. State

Court : Kolkata

Reported in : 2006CriLJ1025

..... that under section 309(2) third proviso brought by amendment act, 1978 no adjournment should be granted for the purpose only of enabling the accused person to show cause against sentence to be imposed upon him. ..... state of tamil nadu, reported in : 1991crilj1845 . ..... indicates that there must be two requirements :i) the dacoity must be the joint act of the persons concerned.ii) murder must have been committed in the course of the commission of the dacoity.15. ..... after amendment of section 309 and introduction of third proviso to sub-section (2) in that section a doubt was expressed as to whether an adjournment can be granted for hearing the accused on the point of sentence. ..... so after a due consideration of the law on the point and keeping in view the fact and circumstances of the present case, we come to a conclusion that accused-sanatan was rightly found guilty under section 396 of the i.p.c. ..... it was also noted that for such a purpose a case may be remanded to the trial court for the limited purpose of hearing the accused before sentencing him as required under the law. .....

Arundhuti Mondal Vs. Kolkata Municipal Corporation and Ors.

Court : Kolkata

..... subject to the above, we uphold the constitutional validity of the constitution (seventy-seventh amendment) act, 1995; the constitution (eighty-firs.amendment) act, 2000; the constitution (eighty-second amendment) act, 2000 and the constitution (eighty-fifth amendment) act, 2001. ..... the high court at calcutta constitutional writ jurisdiction original side before: hon ble mr.justice harish tandon w.p.253 of2017arundhuti mondal -vskolkata municipal corporation & ors.mr.soumya majumdar, mr.victor chatterjee..for the petitioner. ..... to the petitioner, such vacant promotional post cannot thereafter be filled by the general category candidates as the vacancy, which arose in the year 2011 is required to be carried forward and can only be filled by the schedule caste candidates. ..... what can be gathered from the enunciation of law in the above report that every state or the union has to maintain the constitutional obligation in keeping the percentage of reservation so that there would be an adequate representation of the unprivileged class of person for their ..... (vii) if the appropriate government enacts a law providing for reservation without keeping in mind the parameters in article 16(4) and article 335, then this court will certainly set aside and strike down such ..... classification must be founded on intelligible differentia which distinguishes those that are grouped together from others.the differentia must have a rational relation to the object sought to be achieved by the law under challenge. .....

Tata Motors Limited and Others Vs. the State of West Bengal and Others

Court : Kolkata

..... the case of jilubhai (supra) the supreme court also held that the bombay land revenue code and land tenure abolition laws (gujarat amendment) act 8 of 1982 fell within entries 18 and 23 of list ii read with entry 42 of list iii. ..... the state legislature can make laws regarding money-lending even where gold is involved under entry 30, list ii, even as it can regulate gambling in gold under entry 334, impose sales tax on gold sales under entry 54, regulate by municipal laws under entry 5 and by trade restrictions under entry 26, the type of buildings for gold shops and the kind of receipts for purchase or sale of precious ..... state of tamil nadu reported in (2010) 10 scc 96 where the supreme court held on the subject matter concerned certain estates and lands which reads as follows : the 1969 act is a piece of legislation for abolishing feudal tenure and is a measure of land reforms in pursuance of the directed principles of state ..... it appears from the fact that new government introduced a bill on 14th june, 2011 being titled the singur land rehabilitation and development act, 2011 for taking over the land covered by the lease granted to tml for setting up the said automobile project including the land covered by the letters of allotment issued to the ..... this would be manifest from two related relevant provisions of the constitution itself article 30(1-a) and second proviso to article 31-a as exceptions to the other type of acquisition or deprivation of the property under article .....