Judgment Search Results Home > Cases Phrase: the aizawl development authority amendment act 2008 Court: kolkata Page 1 of about 446 results (0.073 seconds)

Moulishree Electricals and Electronics Ltd . and Anr. Vs. Kolkata Muni ...

Court : Kolkata

..... the proviso to sub-section 5 of section 345 of the act, 1980 allows the corporation to prepare its own development plan or scheme or pursue any programme which is not covered by and is not in conflict with a plan, scheme or programme of any other authority under any other law in force for the time being ..... the writ petitioners have also filed an application being ga no.630 of 2015 seeking to amend the writ petition on the basis of the pleadings in the affidavit-in-opposition of the corporation authorities. ..... referring to the proviso to sub-section 5 of section 345, it is contended that section 345 shall not be deemed to limit the power of the corporation to prepare its own development plan or scheme or pursue any programme which is not covered by and is not in conflict with a plan, scheme or programme of any authority under any other law in force for the time being. ..... the grounds sought to be introduced by way of the proposed amendment in the application for amendment has been allowed to be urged by the parties during the cours.of hearing of the petition ..... in support of the proposition that a writ of mandamus can be issued only when a legal right of a person is injured, reliance is placed on [2008].2 supreme court cases 280 (oriental bank of commerce-versus-sundar lal jain & another).it is contended on behalf of the corporation authorities that section 345 of the act, 1980 has no manner of application to the present case, as a bus passenger shelter is not the same as that of a bus shed .....

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

Court : Kolkata

..... act which indicated the user of the land in the following terms and this has been stated in the earlier notice which is as follows: whereas, it appears to be governor that the land mentioned in schedule below is likely to be needed to be taken by government / government undertaking/development authorities at the public expenditure for a public purpose, viz. ..... before the constitution (seventh amendment) act, 1956, which came into force on november 1, 1956, entry 33 in list i read: acquisition or requisitioning of property for the purpose of the unionsimilarly, entry 36 in list ii read:acquisition or requisitioning of property except for the purpose of the union subject to the provisions of entry 42 of list iiiat that time entry 42 in list iii read:principles on which compensation for property acquired or requisitioned for the purpose of the union or of a state or for any other public purpose is to be determined, and the form and ..... but in october, 2008 tml abandoned the project and, therefore, the socio-economic development and employment generation was no longer possible through tml or its recommended vendors.299. ..... as a result whereof on 6th august, 2008 the superintendent of police wrote to the general manager of the tatas at singur that a decision has been taken to set up 20 camps on a urgent basis within the project site to guard it. .....

Secretary, Department of Atomic Energy, Government of India Vs. the Co ...

Court : Kolkata

Reported in : LC2009(2)323

..... the relevant extract of the order dated november 7, 2008 reads as follows:after careful consideration of arguments of both the parties and also keeping in view section 57 and section 59, you are informed as follows: 'in the form 13 filed by the patentee on 20.11.2006 and the annexure submitted on 11.06.2007, it is not clear what is the purpose of filing those amendments as stipulated in section 57(2) of patents act. ..... it is, therefore, proposed to amend article 226 so that when any relief is sought against any government, authority or person for any action taken, the high court within whose jurisdiction the cause of action arises may also have jurisdiction to issue appropriate directions, orders or writs.the effect of the amendment was that the accrual of cause of action was made an additional ground to confer jurisdiction on a high court under article 226 of the constitution.17. ..... 5 that advertisement has already been published in the matter and the advertisement of the amendment application has been published on 14th september, 2007.in view of that since i am not deciding the question of territorial jurisdiction of this high court in the matter and since the advertisement has already been published, the authorities are directed to take steps to dispose of the application in accordance with provisions of law. .....

New Central Jute Mills Company Limited and ors. Vs. Inspector of Centr ...

Court : Kolkata

Reported in : 1979CENCUS359D,1984(15)ELT337(Cal)

..... (2) in the exercise of its powers under section 9(1) of the industries (development and regulation) act, 1951 specified the classes of goods manufactured or produced wholly or in part in the scheduled industry of textiles as mentioned in column (2) of the table below the order on which a duty of excise shall be levied and collected as a cess for the purposes of the said act for a period of one year commencing from the 1st march, 1976 at the specified rates ..... jute twine and jute yarn have not been specified in item 23(2) of the first schedule of the act and therefore, the impugned assessments of cess under section 9(1) of the act read with the jute manufactures cess rules, 1976 were illegal and without any authority of law. ..... * * *(4) * * * *(5) * * * *by the said amending act of 1956, two explanations have been also inserted in the first schedule of the parent act.3. ..... therefore, the authority collecting the cess would be required to determine whether or not cess imposed by a central government order under section 9(1) on the weight of the specified goods at a particular point of time exceeded the maximum limit laid down by the proviso to sub-section (1) of section 9 of act 65 ..... a possibility of the assessing authority deciding the legality of a central government notification under section 9(1) imposing cess upon specified goods of a scheduled industry is entirely remote and in actuality rates of cess accordingly to the weight of the specified goods is likely to be much lower than .....

Assistant Collector of Central Excise and ors. Vs. Madura Coats Ltd.

Court : Kolkata

Reported in : 1988(15)ECC287,1988(17)LC440(Calcutta),1989(33)ELT29(Cal)

..... in orient paper mills case the supreme court held that under section 14a of the act incorporated by the orissa sales tax (amendment) act, 1958 refund of tax which the dealer was not laible to pay, could be claimed by the person from whom the dealer has actually realised it whether as sales tax or otherwise and not by the dealer. ..... if it is not possible to identify the persons on whom had the burden been placed for repayment towards the fund, the amount of the fund can be utilised by the government for the purpose for which the fund was created, namely, development of sugarcane. ..... union of india, (ibid) it was held by a division bench of this court that excess duty not paid through any inadvertance, error or misconstruction but under compulsion due to the assessing authorities demanding the higher rate of duty pending finalisation of the classification by the government itself, was liable to refund being unauthorised in law, rule 11 of the central excise rules not being applicable. ..... in the present case it should be noted that the petitioners had moved the authorities under the statute for the refund and the order refusing such a prayer as made by those authorities have been challenged under article 227 and alternatively under article 226 of the constitution. .....

Asura Bibi Vs. Setara Bibi and ors.

Court : Kolkata

Reported in : (2008)2CALLT252(HC),2008(3)CHN1029

..... the west bengal panchayat (amendment act, 2003) is an act to amend the west bengal panchayat act, 1973. ..... the apex court in the said case held that an entry relating to date of birth made in the school register is relevant and admissible under section 35 of the act, but the entry relating to the age of a person in a school register is not of much evidentiary value to prove the age of the person in the absence of the material on which the age was recorded. ..... such a piece of evidence does not deserve to be discarded and on the other hand, the affidavit, the marriage certificate, the voter list of the year 2004 or the ration card which were sought to have been relied upon before the learned trial court, could not harmoniously combine so as to respond to the challenge thrown by the o.p. no. ..... by such amendment, section 204 of the municipal act was omitted w.e.f. ..... on behalf of the present petitioner, an amendment application was filed thereby changing the date of birth from 3.10.1981 to 10.3.1981. ..... though the witness examined on behalf of the state deposed that the nomination paper or the present petitioner was accepted after due verification, the learned trial court observed that the officers-in-charge of such scrutiny in the election were not sufficiently vigilant. ..... it was further alleged that attention of the concerned authority was drawn to this but to no avail. .....

Anchal Bhusan Bose and ors. Vs. the State of West Bengal and ors.

Court : Kolkata

Reported in : AIR1976Cal436,80CWN643

..... by this act the kerala land reforms (amendment) act, 1969 (kerala act 35 of 1969) and the kerala land reforms (amendment) act, 1971 (kerala act 25 of 1971) were included in the ninth schedule as item nos. ..... the 'explanation' to the ninth schedule introduced by the constitution (seventeenth amendment) act, 1964 has been introduced to illustrate the intention of the legislature that there was no attempt to exclude the operation of the second proviso to article 31-a(1). 8. ..... we have already stated that the west bengal land reforms (amendment) act, 1972 (west bengal act xii of 1972) was introduced into the ninth schedule by the constitution (thirtyfourth amendment) act, 1974. ..... state of punjab, : [1965]1scr82 it is stated that the scheme of rural development today envisages not only equitable distribution of land so that there is no undue imbalance in society resulting in a landless class on the one hand and a concentration of land in the hands of a few, on the other, but envisages also the raising of economic standards and bettering of rural health and social conditions. ..... section 14-x bars the jurisdiction of the civil courts over determination of any question required to be decided by the revenue officer or other authority under this chapter. 17. ..... , at pages 2018 to 2019, paragraph 2005 and 2008; and chandrachud, j. .....

Bajranglal Sarda and ors. Vs. State of West Bengal and ors.

Court : Kolkata

..... passed the following order:the learned advocate appearing on behalf of the petitioners submits that the respondents kolkata municipal corporation authorities are preventing the petitioners from constructing boundary wall at the plot in question.the learned advocate representing the kolkata municipal corporation authorities on instruction submits that no permission is required for the erection of the boundary wall upto 8 feet height along with the alignment of property line.the learned advocate of the kolkata municipal corporation authorities however submits that the real objection has been raised by the respondent ..... a bare perusal thereof reveals that the proposal for erection of multistoried building for residential purpose had obtained clearance under the town and country (planning & development) act, 1979 (hereafter the tcpd act) and that the municipal building committee of the corporation had suggested certain measures to be taken on compliance whereof further action would be taken on the prayer of the company for issuance of building plan.8. ..... constitutional validity of the calcutta municipal corporation (amendment) act, 1990 was the subject matter of adjudication there.9. ..... the impugned order is undated and has been forwarded to the first petitioner by the executive engineer (c)/pmu of the corporation by his letter dated 19.4.2008.3. .....

Motipur Sugar Factory Ltd. and anr. Vs. Joint Secretary, Govt. of Indi ...

Court : Kolkata

Reported in : AIR1984Cal240,[1986]60CompCas955(Cal)

..... clause (a) of sub-section (1) of section 18aa of the industries (development and regulation) act, 1951 in calcutta where according to the petitioners, is also a sales office for the products of the motipur sugar factory, the petitioners have contended that the petitioners thereafter tried to procure a copy of the gazette notification of the said order 'of the' central government, but the petitioners were informed on 14th nov. ..... it has been held that after the amendment of the article 226 of the constitution, relief can be had from the high court within whose jurisdiction the cause of action arises irrespective of the fact that the authority against whom the writ is issued is situated outside its territorial limits. ..... bose, the learned counsel appearing for the union of india and the officers of the ministry of industry, department of industrial development of government of india, has seriously contended that the decision of taking over management under the provisions of industries (development and regulation) act, 1951 had been taken by the ministry of industry, department of industrial development at delhi and in thematter of taking such decision no part of or the cause of action arose within the jurisdiction of this court. ..... for understanding the import of the said expression, reference should be made to the code of civil procedure and the principles laid down by the authorities of different high courts. .....

indo-japanese Industries Limited Vs. Assistant Collector, Central Exci ...

Court : Kolkata

Reported in : 1986(24)ELT527(Cal)

..... in the booklet, a guide to the bicycles and components industry in india published by the trade development authority, dynamo lighting sets have been described as one of the bicycle components which are available for export from india.25. ..... a large number of documents have been annexed to the petition showing that the customs authorities as also the excise authorities, from time to time, have treated the goods manufactured by the petitioner or similar goods manufactured or imported by others as bicycle parts.27. ..... the dynamo set cannot be used even in a motor cycle as the speed of the wheel and consequently the spindle of the rotor shaft will be too high for generating the current and energising the lamp.the case of the petitioner is that the dynamo lighting sets that are manufactured by the petitioner are parts of a cycle and as such, are eligible for exemption under the notification no. ..... 242 at page 248 :-'as to the construction of the stamp act, i think it was very properly urged that the statute is not to be construed according to the strict or technical meaning of the language contained in it, but that it is to be construed in its popular sense, meaning, of course, by the words 'popular sense' that sense which people conversant with the subject-matter with which the statute is dealing would attribute to it. ..... by virtue of an amendment made by the finance bill, 1979, t.i. no. .....