LexLords NRI Legal Services By NRI Legal Services LexLords
NRI legal services https://lexlords.com/rights-of-women-in-property/. The impugned Act was passed on October 1, 1948, primarily for the settlement of immigrants who had migrated into the Province of West Bengal due to communal NRI Legal Services disturbances in East Bengal,and it 560 provides for the acquisition and development of NRI Legal Services land for public purposes' including the purpose aforesaid. As such purchaser, the respondent acquired under section 37 of the Bengal Revenue Sales Act, 1859 (Central Act No. A registered Society called the West Bengal Settlement Kanungoe Co-operative Credit Society Ltd.
decreed against the second respondent who preferred an appeal to the District Judge, 24-Parganas, Contending that his undertenure came within one of the exceptions referred to in section 37. 1999, the respondent preferred Appeal No. 341 of the 24-Parganas Collectorate at a revenue sale held on ,January 9, 1942. unconstitutional or void save as regards two of the provisions contained in section 8 which, so far as it is material here, runs as follows:- "A declaration under section 6 shall be conclusive evidence that the land in respect of which the declaration is made is needed for a public purpose and, -after making, such declaration, the Provincial Government may acquire the land and thereupon the provisions of the Land Acquisition Act, 1894, (hereinafter in this section referred to as%, the said Act), shall, so far as may be, apply: Interpreting the provisions of Section 6, this Court held that even when a purported offence is committed by a person at the time he was a public servant, but he ceases to be a public servant on the date when cognizance of the offence alleged to have been committed is taken by the Court, no such sanction was required.
11 of 1859) the right "to avoid and annul all under-tenures and forthwith to eject all under- tenants"-with certain exceptions which are not material here. 4 herein, was authorised to undertake a development scheme, and the Government of the State of West Bengal, the appellant herein, acquired and made over certain lands to the society for purposes of the development scheme on payment of the estimated- cost of the acquisition. The State of West Bengal was subsequently impleaded as a defendant.
The suit was accordingly transferred to the High Court and the matter was heard by a Division Bench (Trevor Harries C. Elaborating the said submission, it was urged that when bitumen is available in the liquid form, it is known as bitumen emulsion and is commonly known as bitumen when it is available in the solid form; and both the commodities are understood in the same manner in the commercial world and the end use is the same and, therefore, the rate of tax to be determined has to be the same as prescribed for bitumen.
Being aggrieved by the order dated 23. 22 Part A of Schedule II to the VAT Act and bitumen is found in solid state and to bring it in the liquid form, water is added to it and very little quantity is used in the process. The first respondent herein (hereinafter referred to as the respondent) purchased the entire Touzi No. All persons are not, by nature, attainment or circumstances, equal and the varying needs of different classes of persons often require separate treatment and, therefore, the protecting clause has been construed as a guarantee against discrimi- nation amongst equals only and not as taking away from the State the power to classify persons for the purpose of legislation.
It is now well established that while arti- cle 14 is designed to prevent a person or class of persons from being singled out from others similarly situated for the purpose of being specially subjected to discriminating and hostile legislation, it does not insist on an "abstract symmetry" in the sense that every piece of legislation must have universal application. On July 28, 1950, the respondents I to 3, the owners of the lands thus acquired, instituted a suit in the Court of the Subordinate Judge, 11 Court at Alipore, District 24- Parganas, against the society for a declaration that the impugned Act was void as contravening the Constitution and that all the proceedings taken thereunder for the acquisition aforesaid were also void, and of no effect and for other consequential reliefs.
It was contended before the tribunal by the assessee- appellant therein that bitumen as a commodity is taxed at 4% under Serial no. This classification may be on different bases. ) who, by their final judgment, held that the impugned Act as a whole was not . , Lucknow (for short the tribunal) which was heard by the Full Bench. As the suit involved questions of interpretation of the Constitution respondents 1 to 3 also moved the High Court under article 228 of the Constitution to withdraw the suit and determine the constitutional question.
In exercise of that right the respondent gave notices of ejectment and brought a suit in 1946 to evict certain under-tenants, including the second respondent herein, and to recover possession 594 of. 6 of 2009 under the VAT Act before the Tribunal Commercial Taxes, U.
