Court : Mumbai
Reported in : 2009(4)BomCR414; 2009(111)BomLR502
..... (supra) facts show that the constitutionality of the cess act, 1880, west bengal primary education act, 1973, west bengal rural development and production act, 1976 as amended by the west bengal taxation laws (amendment) act, 1992 whereby and where-under cess was levied on 'coal', 'tea', 'brick-earth' and 'minor minerals' was ..... 1- 4-1992 into the provisions of the west bengal primary education act 1973 and the west bengal rural employment and production act 1976 classify the land into three categories: (i) coal-bearing land, (ii) mineral bearing land (other than coal bearing land) or ..... way of tax to augment the revenue resources of the state or by way of fee to render services as quid pro quo but without any intention of regulating and controlling the subject of the levy, cannot be said to have encroached upon the field of 'regulation and control' belonging to the central government by reason of the incidence of levy being permissible to be passed on to the buyer or consumer, and thereby affecting the price of ..... section 11, to take over, or carry on, the management of a coal mine.thus, it is obvious that when central government makes a direction under section 11(1)(a) the general superintendence direction control and management of the affairs and business of a coal mine as also the right, title and interest of central government in relation there to stands transferred to and vests in government company. ..... 285 and his arguments further, he cited 1950 (supl) scr 92 the corporation of .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1976Bom354; 1976MhLJ700
..... in the opinion of the supreme court, a combined reading of the provisions of sections 2 (10) (b), 3 and 33 (a) of the west bengal premises rent control (temporary provisions) act, 1950, leaves no room for doubt that a contract for a rent at a rate higher than the standard rent is not only not enforceable but also that the landlord would be committing an offence if he collected a rent above ..... term 'rent' is not defined under the west bengal premises rent control (temporary provisions) act, 1950. ..... 'standard rent' is defined under sub-section (10) of section 5, meaning where the standard rent is not fixed by the court and the controller respectively under the bombay rent restriction act, 1939, or the bombay rents, hotel and lodging house rates (control) act, 1944 subject to the provisions of section 11 of the bombay rent act, 1947, the rent at which the premises were let on the first day of september 1940, or where they were not let before ..... was in that connection the implications of the west bengal premises act, 1950. ..... ' under section 7 of he bombay rent act, it shall not be unlawful to claim or receive on account of rent for any premises any increase above the standard rent, unless the landlord was, before the coming into operation of the bombay rent act, entitled to recover such increase under the provisions of the bombay rent restriction act, 1939, or the bombay rents, hotel and lodging house rates (control) act, 1944, or is entitled to recover such increase under the provisions .....
Tag this Judgment!Court : Delhi
Reported in : [1998]233ITR43(Delhi)
..... there the question arising for decision was whether the applicability of the west bengal premises rent control (temporary provisions) act, 1950, was attracted to the premises. ..... 3(1)(b) of the punjab municipal act, 1911, defined 'annual value' in the case of any house or building to mean the gross annual rent which such house or building together with its appurtenances and any furniture that may be let for enjoyment ..... 256(2) of the act we have to confine ourselves to the questions (i) whether the questions as proposed are the questions of law; and (ii) whether they do arise from the order of the tribunal which way the questions may ultimately be answered is not ..... 143(1) of the act and were not made after scrutiny. ..... 256(2) of the it act, 1961, filed by the revenue arising out of the asst. yr. ..... 2 of the act defined the premises so as to include therein any furniture supplied or any fittings affixed by the landlord for use of the tenant in such building or part of the building.11. ..... 3 of the punjab municipal act, 1911. ..... 22 and 23 of the act.12. ..... the term 'rent' was not defined in the act. ..... atchaiah : [1996]218itr239(sc) wherein their lordships have held :'the ito has no option like the one he had under the 1922 act. ..... 64(2) of the it act 4. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2012(4)SCC653
..... was repugnant to section 27 of the indian medical council act, 1956 which, in turn, provides for the right of a registered medical practitioner to practice, as well as an argument that it ultra vires articles 19(1)(g), 19(6) and 14 of the constitution of india.this court repelled both these contentions and held that the prohibition against the members of the west bengal medical education service (wbmes) from practicing privately was not ..... the cost of repetition, we may notice that it is not possible to imagine a -right without restriction and controls in the present society.when the appellants were enrolled as advocates as well as when they started practicing as advocates, their right was subject to the limitations under any applicable act or under the constitutional limitations, as the case may be.one must clearly understand a distinction between a law being ..... [(2000) 3 scc 607], this court, while dealing with the question whether the amendment in the rent control order, which had earlier only covered 'houses', and was amended to encompass 'premises' could be allowed to agreements entered into, prior in time, clearly held that ..... categories of animals being susceptible of classification into separate groups on the basis of their usefulness to society, the butchers who kill each category of animals may also be placed in distinct classes according to the effect produced on society by the carrying on of their respective occupations.the butchers who -slaughter cattle formed the .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1978Bom119; (1977)79BOMLR499
..... state of west bengal : air1962sc1044 , the question before the court was whether the west bengal oriental gas company act, 1960 was within the legislative competence of west bengal state legislature and while discussing the scope of the expression 'industry' occurring in entries 7 and 52 in list i and also occurring in entry 24 in list ii and the limits introduced thereon by the wording of the entries 25, 26 and 27 in list ii, ..... of the adivasis and other backward communities who generally live in forest areas, for developing as pasture the forest suitable for the purpose, for assigning a part of the private forest to the rural community, for controlling the soil erosion both in the forest areas and in the lower level agricultural lands, for conserving soil moisture, for improvement of the water regime and raising the water table, for retarding the ..... ) living in the forest; in other words, forest produce in its primary and natural state lying in the forest as well as wild animals living therein unquestionably go with the forest and there can be no dispute that such forest produce and such wild animals would be included in the concept of forest and the expression 'forests' as a legislative head would surely include within its compass all these ..... that case the mines stood vested in the state under the bihar land reforms act (act 30 of 1950) and the state had become lessors of mines underlying the land but the leasehold rights of the lessees were sought to be touched under the act. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1978SC597; (1978)1SCC248; [1978]2SCR621
..... this case related to the constitutional validity of section 6 of the subversive activities control act, 1950. ..... are primarily concerned with penal enactments or other law under which personal safety or liberty of persons would be taken away in the interest of society and the set down the limits within which the state control should be exercised the right to the safety of one's life and limbs and to enjoyment of personal liberty, in the sense of freedom from physical restrain and coercion of any sort, are the ..... case that the right to travel is guaranteed by the fifth amendment and held that the denial of passport by the secretary of state was invalid because the congress had not, under the passport act, 1926, authorised the secretary of state to refuse passport on the ground of association with the communist party and refusal to file an affidavit relating to that affiliation and such legislation was necessary ..... west bengal ..... 10(3)(c), capable of circumscription to make it accord with the constitution is any part ultra vires, and why finally, granting the act to be good, is the impounding order bad such, in the writ petition, is the range of issues regaled at the bar, profound, far-reaching, animated by comparative scholarship and fertilised by decisional erudition. ..... it was this vast conception of man in society and universe that animated the formulation of fundamental rights and it is difficult to believe that when the constitution makers declared these rights, they intended to confine .....
Tag this Judgment!Court : Chennai
Reported in : AIR1959Mad548
..... the legislature of west bengal had passed an act xxi of 1948, directing that in respect of lands acquired for the settlement of immigrants from hast bengal the compensation payable should not exceed the market value of the land on december 31, ..... judge then referred to the decision of the supreme court, which we have already cited, and ended;'these observations apply to the provisos to section 7(1)(e) of act 60 of 1948 with equal force and applying the principle laid down by their lordships i must hold that provisos to section 7(1)(c) are ultra vires the constitution. ..... it will be noticed that in one respect the bengal act did not go even so far as madras act xi of 1953, the bengal act did not deny to the citizen compensation for the value of the improvements that he had effected after 31-12-1946, whereas, the madras act denies compensation for all non-agricultural improvements made after ..... decided to mine this coal and for that purpose it was necessary for them to get control over the lignite bearing areas. ..... to pay for them and to provide for payment for only the bare land would be like paying only for a pack animal and insisting on the delivery of the silks, spices, bullion and jewellery that may have been loaded on the animal's back. ..... of the act was to provide for the restoration to former ryots of lands which have been sold for arrears of rent or from which they had been ejected for arrears of rent or which were treated as having been abandoned by them between 1939 and 1950. .....
Tag this Judgment!Court : Karnataka
Reported in : [1990]67CompCas154(Kar); ILR1989KAR3135
..... the said act which had been amended in 1950 by act lxiv of 1950 was repealed and the west bengal shops and establishments act, 1963, was engrafted in the statute book with a view to ameliorate the conditions of the weaker sections of the society and providing the employees with some additional benefits in the context ..... has to issue certificates under the excise/customs law, import/export certifications under the import licensing procedures to be submitted to the joint chief controller of imports and exports, certificates of remittances in foreign currency under the reserve bank of india regulations, certificates under the payment of bonus act, certificates under the acceptance of deposits rules under the non-banking financial companies: and certificates to financial institutions for the purpose of release of ..... practice under the said regulation may accept part-time employments, and notwithstanding anything contained in regulation 166, subject to the control of the council, he may act as liquidator, trustee, executor, administrator, arbitrator, receiver, adviser or representative for costing, financial or taxation matters. ..... a system in which such accountants would, in autonomous association of themselves, largely assume the responsibilities involved in the discharge of their public duties by securing maintenance of the requisite standard of professional qualification, discipline and conduct, the control of the central governments being confined to a very few specified matters. 13. .....
Tag this Judgment!Court : Karnataka
Reported in : [1990]67CompCas453a(Kar); 1989(3)KarLJ473; (1990)ILLJ227Kant
..... the said act which had been amended in 1950 by act lxiv of 1950 was repealed and the west bengal shops and establishments act, 1963 was engrafted in the statute book with a view to ameliorate the conditions of weaker sections of the society and providing the employees with some additional benefits on the context of ..... he has to issue certificate under the excise/customs law, import/export certifications under import licensing procedures to be submitted to the joint chief controller of imports and exports, certificates of remittances in foreign currency under the reserve bank of india regulations, certificates under the payment of bonus act, certificates under the acceptance of deposit rules under the non-banking financial companies; and certificates of financial institutions for the purpose of release of loan funds in ..... in practice under the said regulation may accept part-time employments, and notwithstanding anything contained in regulation 166, subject to the control of the council, he may act as liquidator, trustee, executor, administrator, arbitrator, receiver, adviser or representative for costing, financial or taxation matter. ..... maxse (1919) 1 kb 647' involves the idea of an occupation requiring either purely intellectual skill or of manual skill controlled, as in painting and sculpture, or of surgery, by the intellectual skill of the operator, as distinguished from an occupation which is substantially the production or sale or arrangements for the production or sale of .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [2005]124CompCas201(P& H); (2004)4CompLJ288(P& H); [2004]55SCL165(Punj& Har)
..... west bengal legislature passed an act (west bengal oriental gas company act, 1960) [15 of 1960] with a view to take over the management and control ..... pertain to a subject falling under an entry in the state list (entry 18), and therefore, are not subject to regulation at the hands of a law enacted by parliament conversely, it is reiterated that the sebi act, was enacted to regulate securities and future markets, and since the activities of the pgfl (sale and purchase of agricultural land and/or development of agricultural land) by no stretch of imagination, can be stated to ..... that the impugned act was within the legislative competence of the west bengal legislature and ..... out the following facts:--firstly, the activities carried out by the pgfl have all the mandatory features specified in the definition of a 'collective investment scheme' under section 11aa(2) of the sebi act- in this behalf, it is pointed out that all the four mandatory features, have been brought out in the order of the board dated 6-12-2002.secondly, from the salient features ..... through the aforesaid show cause notice, of the order dated 24-2-1998 (which was also incorporated in the press release, passed by the board under section 12b of the sebi act, restraining entities from mobilising any money, from the public or from the investors under the existing schemes, unless the instruments of such schemes, carry a rating from one of ..... government of india had appointed a committee in 1950, under the chairmanship of shri bhabha .....
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