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Jun 05 2012

The Planters Association of Tamil Nadu. Vs. the Secretary to Governmen ...

Court : Chennai

Decided on : Jun-05-2012

Subject : Labour and Industrial

Acts : Plantations Labour Act, 1951 - Section 18(2), 43(1)(3); Tamil Nadu Plantations Labour Rules, 1955,; General Clauses Act, 1897 - Section 23(4),; Motor Vehicles Taxation Act - Section 7, 3(2); Industrial Disputes Act, 1947 - Section 2(J), 28(5), 33(2)(b), 55; Land Reforms Act - Section 110 ; Constitution of India - Articles 226, 21

28.12.2006 and quash the same.ORDER1. Whether the action of the State Government in notifying Section 18 of the Plantations Labour Act, 1951 (for short PL Act) and directing appointment of Welfare Officers in respect of plantations engaging 300 … to substitute our own judgment for that of the Government on the question whether Section 3 of the Amendment Act should be brought into force.... It is for these reasons that we are unable to accept the submission … and was brought into force with effect from 1.4.1954. For the last 52 years, this provision was not given effect to as the management and

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Nov 17 2014

Planters Forum Vs. State of Kerala

Court : Kerala

Decided on : Nov-17-2014

Subject : Land Acquisition

8(2) of the 2003 Act are unconstitutional and void. W.P(C) No.1951/2010 (M/s.Nelliampathy Plantations Ltd. v. State of Kerala and Others) 8. Petitioner Company owns an … by Entry No.97.43. Article 48A of the Constitution which has been inserted in the Constitution by the 42nd Amendment Act, 1976 provides as follows: "48A. Protection and improvement of environment and safeguarding of forests and wild life.- The … title and interest of the owner or any other person thereon shall stand extinguished from the said date." Section 5 provides that ecologically fragile land to be deemed to be reserved forests which is to the following effect: … sites of buildings and other structures occupied by cultivators of land, agricultural labourers and village artisans;] (b) the expression "rights", in relation to an estate,

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Jan 05 2021

Rajeev Suri Vs. Union Of India

Court : Supreme Court of India

Decided on : Jan-05-2021

Subject : Land Acquisition

administrative orders or executive instructions without any statutory backing.14. It has been argued before us that formulation or amendment/ modification of a city’s Master Plan is not an administrative but a legislative exercise. Relying on the decisions … comprehend the true nature of its role and power under Section 16(h) and Section 20 of the NGT Act, 2010. In failing to carry out a merits review, NGT has not discharged an adjudicatory function which properly belongs … A.P. and Others, (2003) 1 SCC341Transfer Case (C) No.229 of 2020 Page 50 of 179 application of right to consult for a legislative action is

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Mar 07 2012

Chandrasekharasharma Vs. C. Krishnaiah Chetty

Court : Karnataka

Decided on : Mar-07-2012

Subject : Labour and Industrial

Acts : Constitution Of India - Articles 226, 227; Industrial Disputes Act - Section 3, 1947 - Sections 10(1)(c), 2(s), 2(oo)(bb), 2(b), 2(rr); andhra pradesh Shops and Establishments Act, 1988 - section 48(1); Sales Act - Section 1(4); Dock Workers Act 1948 - Section 5A; Sales Promotion Employees (Conditions of Service) Act, 1976 ; Workmen's Compensation Act. 1923; Industrial Disputes Act, 1947; Minimum Wages Act, 1948 Maternity Benefit Act, 1961; Payment of Bonus Act. 1965; Payment of Gratuity Act, 1972; Air Force Act, 1950; Army Act, 1950; Navy Act, 1957; Navy Act 1934; Plantation Labour Act, 1951 - Section 2; Industrial Disputes (ID) Act; Amending Act 1982;

one.Explanation. For the purposes of this sub-clause, "agricultural operation" does not include any activity carried on in a plantation as defined in clause (f) of section 2 of the Plantation Labour Act, 1951 (69 of 1951); or(2) … correct, it is necessary to consider the definition of "workmen" in the Act as amended by Industrial Disputes Amendment Act 36 of 1956. That definition is reproduced below.2(s) "Workman" means xxx managerial nature.For an employee in an industry … and includes-(a) any activity of the Dock Labour Board established under section 5A of the Dock Workers (Regulation of Employment) Act, 1948 (9 of 1948);(b)

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Jan 29 2021

M/s Ssjv Projects Private Limited Vs. M/s Allahabad Bank

Court : Karnataka

Decided on : Jan-29-2021

Subject : Land Acquisition

respondent/Banks in initiating action under the provisions of the SARFAESI Act on the schedule lands which are coffee plantations as under Section 31(i) of the said Act, -:12. :- they, being agricultural lands, the Act does not … operations do not acquire the characteristic of agricultural operations. That, the human labour and skill spent in the performance of subsequent operations cannot be said … Acquisition of land by certain persons prohibited.- (1) On and from the commencement of the Karnataka Land Reforms (Amendment) Act, 1995, no person who or a family or a joint family which has an assured annual income of … U.M. KRISHNA RAO AGED ABOUT77YEARS, CHARTERED ACCOUNTANT, I G ROAD, CHIKKAMAGALUR - 577 101.2. M/S. VIJAYADEVAN COFFEE ESTATE A PARTNERSHIP FIRM HAVING OFFICE AT I

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Jan 29 2021

Sri U M Ramesh Rao Vs. Union Bank Of India

Court : Karnataka

Decided on : Jan-29-2021

Subject : Land Acquisition

respondent/Banks in initiating action under the provisions of the SARFAESI Act on the schedule lands which are coffee plantations as under Section 31(i) of the said Act, -:12. :- they, being agricultural lands, the Act does not … operations do not acquire the characteristic of agricultural operations. That, the human labour and skill spent in the performance of subsequent operations cannot be said … Acquisition of land by certain persons prohibited.- (1) On and from the commencement of the Karnataka Land Reforms (Amendment) Act, 1995, no person who or a family or a joint family which has an assured annual income of … U.M. KRISHNA RAO AGED ABOUT77YEARS, CHARTERED ACCOUNTANT, I G ROAD, CHIKKAMAGALUR - 577 101.2. M/S. VIJAYADEVAN COFFEE ESTATE A PARTNERSHIP FIRM HAVING OFFICE AT I

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Jan 29 2010

Tata Tea Limited, Velonie Estate Vs. the State of Tamil Nadu Represent ...

Court : Chennai

Decided on : Jan-29-2010

Subject : Labour and Industrial

Acts : Plantation Labour Act, 1951 - Sections 2, 2(3), 3, 4, 25A, 25A(1), 25A(2), 25K, 25K(2) and 25L(3); ;Industrial Disputes Act, 1947 - Sections 1(3), 2, 9, 20, 25A(1), 25B, 25B(1), 25B(2), 25F, 25FFF, 25T, 25U and 30; ;Industrial Disputes (Amendment) Act - 1953; ;Tamil Nadu Industrial Establishments (Conferment of Permanent Status to workmen) Act, 1981 - Sections 1(3), 2, 3, 3(1), 3(2), 3(3), 5(1), 5(3), 9, 18(1), 32 and 36; ;Industrial Employment (Standing Orders) Act, 1946; ;Payment of Gratuity Act - Section 2 and 2A; ;Tamil Nadu Labour Welfare Fund Act; ;Tamil Nadu Plantations Labour Rules, 1985 - Rules 6(4) and 69; ;Constitution of India - Articles 42 and 226

appended to Section 25A was introduced. Explanation iii states that 'plantation' as defined under Section 2(f) of the Plantations Labour Act is also covered by the said chapter and it was also declared as industrial establishment covered by … unjustified layoff, retrenchment and closure, the Industrial Disputes Act, 1947 was amended and Chapter V-A was introduced by Amendment Act 43/1953. In relation to application of that chapter, explanation appended to Section 25A was introduced. Explanation iii states … decision in Director, Fisheries Terminal Department v. Bhikubhai Meghajibhai Chavda reported in 2010 (1) SCC 47 while dealing with the scope to interfere with the … popular meaning of the term 'week', we think that in the context of Sub-sections (1) and (3) of Section 5 of the Act, the term has to be taken to signify a cycle of seven days including Sundays.

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May 30 2012

Kanan Devan Hill Plantations Company Pvt. Ltd. Munnar and Others Vs. K ...

Court : Appellate Tribunal for Electricity APTEL

Decided on : May-30-2012

Subject : Land Acquisition

0f 2011, appeal No. 127 of 2011 and appeal No. 151 of 2011 preferred by Kanan Devan Hills Plantations Pvt. Ltd., Kinesco Power and Utilities Pvt. Ltd., Cochin Special Economic Zone, and Cochin Port Trust respectively are … successor in interest of M/S Tata Tea Limited is said to be a employee-owned company with a total labour strength of 13,000 and 97% of them are shareholders of this company. It supplies electrical energy to its … Year 2012-13.In fact, there has also not been any further increase or amendment of Bulk Supply Tariff in the very Financial Year 2010-11 during which … at Rs.3.12 per kWh (Rs3.28 per kWh less 5% rebate) is irrational, illegal and without justification. The … distribution? ,b) whether the parameters laid down in section 61 of the Act should not be followed?, c)whether, more particularly, criteria such as costs, expenses,

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Dec 15 2017

The Tabocco Institute of India Vs. Union of India

Court : Karnataka

Decided on : Dec-15-2017

Subject : Land Acquisition

OF AGRICULTURE, REP. BY ITS SECRETARY, KRISHI BHAVAN, NEW DELHI-110001.4. MINISTRY OF LABOUR AND EMPLOYMENT, REP. BY ITS SECRETARY, SHRAM SHAKTI BHAWAN, RAFI MARG, NEW … might be recommended by an international convention. Though an amendment was brought to COTPA vide 154 2007 Amendment (Amendment Act 38 of 2007), the said amendment is not pursuant to any international treaty or convention not is it … tobacco products in such form and manner as may be prescribed by rule made under this Act.” 32. Section 5 lays down Prohibition of advertisement of cigarettes and other tobacco products. It bars advertisement of cigarettes or any … Rules that production, distribution (for domestic consumption and exports) and development of plantation crops, tea, coffee, rubber, spices, tobacco and cashew, and Tobacco Board has … also produced Review of Allocation of Business Rules, 2010.59. Rule 2 of AOB Rules reads as under:

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Sep 26 2005

T.N. Godavarman Thirumulpad Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Decided on : Sep-26-2005

Subject : Environment

Acts : Forest (Conservation) Act, 1980 - Sections 2; Environment (Protection) Act, 1986 - Sections 3, 3(2), 3(3), 4 and 5; Water (Prevention and Control of Pollution) Act, 1974; Air (Prevention and Control of Pollution) Act, 1981; Wild Life (Protection) Act, 1972 - Sections 18, 26A and 35; Comptroller and Auditor-General (Duties, Powers and Conditions of Service) Act, 1971 - Sections 10, 11, 12, 13, 14, 15, 16, 17, 18, 19 and 20; Bombay Public Trust Act, 1950 - Sections 57, 58 and 66; Indian Forest Act, 1878 - Sections 11, 20, 23, 25, 29, 30, 35 and 39; Indian Forest Act, 1927; Constitution of India - Articles 14, 21, 48A, 51A, 110, 110(1), 195, 199, 199(1), 266, 266(1), 266(2), 283, 284, 294 and 295; Environmental Law

Reported in : AIR2005SC4256; (2005)6CompLJ158(SC); JT2005(8)SC588; (2006)1SCC1; [2006] 3 SCR 1024

for this purpose would be laid down by the MOEF with the concurrence of the Central Empowered Committee.(g) Plantations must use local and indigenous species since exotics have long term negative impacts on the environment; and (h) … values of inputs, outcomes, and conditions. Cost values for inputs such as labour, capital, interest, supplies, legal advice, trades, and other management activities as well … purpose of exercising and performing such of the powers and functions, including the power to issue directions under Section 5, of the Central Government under the Act and for taking measures with respect to such of the matters … the menace of fast eroding of forest in the country. Despite constitutional amendments made effective from the beginning of 1977 and despite various environmental laws

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