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The Tufanialonga Tea Co. Ltd., Calcutta and anr. Vs. State of Tripura ...

Court : Guwahati

Subject : Constitution

Acts : Tripura Tea Companies (Taking Over of Management of Certain Tea Units) Act, 1987 - Sections 3(1) and 8(3); Constitution of India - Article 226, 246, 246(2), 246(3) and 254; Tripura Land Revenue and Land Reforms Act, 1960 - Sections 22, 62, 63, 64 and 65(1); Tripura Land Revenue and Land Reforms Rules, 1961 - Rules 89, 95 and 102

public interest that the Union should take under its control the tea industry. Sections 4 to 11 in Chapter II of the Act provide for constitution of the Tea Board, its function and its dissolution. Sections 12 to … the List I of the 7th Schedule of the Constitution. Parliament has declared in Section 2 of the Tea Act, 1953 that it is expedient in the public interest that the Union should take under ' its control the

The State of West Bengal Vs. Kesoram Industries Ltd. and ors.

Court : Supreme Court of India

Subject : ConstitutionOther Taxes

Acts : Constitution of India - Articles 14, 21, 32, 51, 136, 141, 245, 246, 246(1), 246(2), 246(3), 248, 248(2), 249 to 252, 253, 256, 257, 265, 276, 301, 356 and 366; Cess Act, 1980 - Sections 2, 3, 5, 5(1) 6 and 18; West Bengal Primary Education Act, 1973 - Sections 78, 78A, 78(1), 78(2) and 78(2A); West Bengal Rural Employment and Production Act, 1976 - Sections 2 and 4; Cess Act, 1880 - Sections 3, 4, 5, 6(1) and 72; West Bengal Land Reforms Act, 1955 - Sections 23B(1); West Bengal Taxation Laws (Amendment) Act, 1992 - Sections 2; Bengal General Clauses Act, 1899 - Sections 3, 4(2) and 4(2A); West Bengal Taxation Laws (Amendment) Act, 1981; West Bengal Taxation Laws (Amendment) Act, 1989; Mines and Minerals (Development and Regulation) Act, 1957 - Sections 2, 4, 4A , 9, 9(2), 9A, 13(2

Reported in : (2004)187CTR(SC)219; [2004]266ITR721(SC); JT2004(1)SC375; 2004(1)SCALE425; (2004)10SCC201; [2004] 1 SCR 564

of its power to make any legislationwhatsoever.(iii) Having regard to the declaration made in Section 2, of the Tea Act,1953, the entire tea industry having been taken over in terms of Entry 52of List I of the Seventh … any year immediatelysucceeding the said two consecutive years in accordance with Clause (a):Explanation. For the purposes of this chapter, 'coal-bearing land' shallhave the same meaning as in Clause (1a) of Section 2 of the West BengalRural Employment … 82 to 92B in List I andEntries 45 to 63 in List II). Further in view of Entry 50 of List II,Parliament can by any

The Kannan Devan Hills Produce Vs. the State of Kerala and anr.

Court : Supreme Court of India

Subject : Property

Acts : Kannan Devan Hills (Resumption of Lands) Act, 1971 - Sections 9; Tea Act, 1953; Constitution of India - Articles 31-A and 32

Reported in : AIR1972SC2301; 1972(0)KLT377(SC); (1972)2SCC218; [1973]1SCR356

international agreement now in force, of the cultivation of tea in and the export of tea from India. Chapter II sets up a Tea Board. Section 10 sets out the functions of the Board. Broadly the duty of … impossible. No such question arises now.39. Coming now to the question of repugnancy : The object of the Tea Act, 1953, is to provide for the control by the Union of the tea industry, including the control, in pursuance

Duken Hengra Tea Pvt. Ltd. Vs. Union of India (Uoi)

Court : Guwahati

Subject : Excise

Acts : Constitution of India - Article 226; Central Excise Tariff Act, 1985

as follows: ' Heading No. Description of goods Rate of Duty 09.02 Tea, including tea waste Nil'8. Under Tea Act, 1953, a notification was issued in the year 1984 named as Tea Marketing Control Order, 1984 (TMCO), in exercise … to a duty of excise. 1985 Act covers coffee, tea and spices and the relevant extract of that chapter prior to its amendment by the Finance Act, 1998 is as follows: ' Heading No. Description of goods … levied to tax by the Legislature and same was included in Schedule II to the Act of 1954. In that case/ the Union of India

Sasanka Sekhar Maity and ors. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Subject : Property

Acts : Constitution of India - Articles 13(1), 13(2), 14, 19(1), 19(6), 26, 31, 31A, 31A(1), 31B, 31C, 31(2), 32, 39 and 368; West Bengal Land Reforms Act, 1955 - Sections 2(7), 4(3), 6, 14J to 14Y, 16 and 17; West Bengal Land Reforms (Amendment) Act; West Bengal Land Reforms (Amendment) Act, 1971; West Bengal Land Reforms (Amendment) Act, 1972; West Bengal Estates Acquisition Act, 1953 - Sections 4, 4(3), 5, 6(1), 6(2), 49 and 52; West Bengal Land Reforms Act, 1954; Constitution (Thirty-fourth Amendment) Act, 1974; Constitution (First Amendment) Act, 1951; Constitution (Seventeenth Amendment) Act, 1964; Kerala Land Reforms Act, 1963 - Sections 82 and 85(1); Kerala Land Reforms (Amendment) Act, 1969; Kerala Land Reforms (Amendment) Act, 1971; West Bengal Estates Acquisition Rules, 19

Reported in : AIR1981SC522; (1980)4SCC716; [1980]3SCR1209

of 1972) with retrospective effect from February 12, 1971. These Acts brought about a drastic change by introducing Chapter II B for the imposition of a ceiling on agricultural holdings. As a necessary consequence the Acts deleted Section … be chosen by him, (e) tank fisheries, and (f) land comprised in tea gardens or orchards or land used for the purpose of livestock breeding, … two stages. The first was the stage of abolition of the zamindari system. The West Bengal Estates Acquisition Act, 1953 (Act I of 1954) which received the assent of the President on February 12, 1954, and has been

The Malankara Rubber and Produce Co. and ors., Etc., Etc. Vs. the Stat ...

Court : Supreme Court of India

Subject : Property

Acts : Kerala Land Reforms Act, 1963 -- Sections 81 and 96; Kerala Land Reforms (Amendment) Act, 1969 - Sections 80, 80-A and 81(1); Constitution of India - Articles 14, 31-A, 31-A(2) and 31-B; Kerala Land Reforms (Amendment) Act, 1964; Kerala Plantations (Additional Tax) Act, 1960 - Sections 2(6)

Reported in : AIR1972SC2027; 1972(0)KLT411(SC); (1972)2SCC492; [1973]1SCR399

our attention to a number of measures passed by the Central Legislature to control various industries, namely, the Tea Act of 1953, the Rubber Act, 1947, The Cardamom Act, 1955, the Coffee Act of 1942 and the coir … Veruvupattam tenure which satisfied the test as to what constituted an estate under Article 31A(2)(a) of the Constitution.9. Chapter II of the 1960 Act provided for the carrying out of the purposes of the Act in two stages

Prafulla Kumar Maity Vs. Amal Krishna Mishra and ors.

Court : Kolkata

Subject : Property

Acts : West Bengal Land Reforms Act, 1955 - Sections 2(7 and 10), 5(5), 6, 6(1), 8 and 9;; West Bengal Land Reforms (Amendment) Act, 1981 - Sections 2(7), 3A and 14V;; West Bengal Estates Acquisition Act, 1953 - Sections 4, 4(1), 5 and 5A;; Non-Agricultural Tenancy Act, 1949 - Sections 4 and 24;; Constitution of India - Aticles 227 and 300A;; West Bengal Land Holding Revenue Act, 1979 - Sections 2 and 26(1);; West Bengal Land Reforms (Third Amendment) Act, 1986

Reported in : (1998)1CALLT104(HC)

shall vest in the State free from all incumbrances and the provisions of sections 4,5 and 5A of Chapter II of the West Bengal Estates Acquisition Act, 1953 shall, with such modification as may be necessary, apply mutatis … the purpose of live-stock breading, poultry farming, dairy or land comprised in tea garden, mill, factory, workshop orchard, hat, bazar, ferries, tolls or land having … vesting of all their lands with the State as per the provisions of the West Bengal Estates Acquisition Act, 1953 by operation of law, inasmuch as, this Hon'ble Court in its Full Bench Decision in the case of

Falakata Industries Ltd. and ors. Vs. Addl. District Magistrate and Di ...

Court : Kolkata

Subject : Property

Acts : West Bengal Land Reforms (Amendment) Act, 1981, Sections 2(6 and 7), 3A, 14V, 50, 61 and 63;; Non-Agricultural Tenancy Act, 1949;; West Bengal Estate Acquisition Act, 1953 - Sections 5 and 5A;; West Bengal Land Reforms and Tenancy Tribunals Act, 1997 - Section 6, 7 and 8;; Constitution of India - Articles 226 and 227

Reported in : (2001)1CALLT226(HC)

fishery, home-stead or land used for the purpose of live-stock breeding, poultry firming, dairy of land, comprised in tea garden, milll, factory, workshop, orchard, hat, bazar, ferri tolls or land having any other sairati interest and any … all encumbrances and the provisions of sections 5 & 5A of Chapter-II of the West Bengal Estate Acquisition Act 1953 (West Bengal Act 1 of 1954); shall, with such modification as may be necessary, apply mutatis mutandis to

The Belsund Sugar Co. Ltd. Vs. the State of Bihar and ors. Etc.

Court : Supreme Court of India

Subject : Commercial

Acts : Bihar Agricultural Produce Markets Act, 1960 - Sections 2(1), 3(1) 4, 5, 7, 12, 13, 15, 18, 25, 27, 28, 29, 31, 32, 39, 40, 42, 43, 44, 46, 48, 49, 50(1), 51, 52 and 58 - Rule 82; Bihar Sugarcane(Regulation of Supply & Purchase) Act, 1981; Bihar Agricultural Produce Markets Rules, 1975; Sugar(Control) Order, 1966; Sugar(Packing & Marking) Order, 1970; Sugar(Restriction on Movement) Order, 1970; Indian Contract Act, 1872 - Sections 72; Constitution of India - Articles 19(1), 132(1), 133(1), 142, 145 and 254(1); Industries(Development and Regulation) Act, 1951; Rice Milling Industry(Regulation) Act, 1958 - Sections 6(1); Tea Act, 1953 - Sections 30(1); Essential Commodities Act, 1955 - Sections 3; Bihar Molasses(Control) Act, 1947; Bihar Sugarcane Act, 1979 - Bihar Sugarcane

Reported in : AIR1999SC3125; 1999(4)ARBLR502(SC); 1999(3)BLJR2191; JT1999(5)SC422; 1999(4)SCALE516; (1999)9SCC620; [1999]Supp1SCR146

the purchase and sale of tea were governed by the comprehensive provisions of the Central Act, namely, the Tea Act, 1953, the said Act would wholly govern transactions of purchase and sale of tea by the appellant and to … and distribution of sugarcane intended for use in sugar factories and taxation of sugarcane and matters incidental thereto.18. Chapter II of the Sugarcane Act provides for Administrative Machinery for carrying out the purposes of the Act.19. Section 3

Silver Cloud Tea Factory and Another Vs. Union of India and Another

Court : Chennai

Subject : Constitution

Acts : Tea Act, 1953 - Sections 30(3) and (5); Constitution of India - Articles 14, 19, 245, 301 and 302; Tea (Marketing Control) Order, 1984 - Sections 17; Indian Partnership Act; Tea Board Act, 1949 - Sections 2 and 10; A.P. (Agricultural Produce and Livestock) Markets Act; The Tea (Distribution and Export) Control Order, 1957; The Tea Waste (Control) Order, 1959; Essential Commodities Act, 1955 - Sections 3

Reported in : AIR1994Mad283

that purpose to establish a Tea Board and levy a duly of excise on Tea Produced in India. Chapter II of the Act deals with the constitution of the Tea Board. Chapter III deals with the Control over … 1444 of 1986 has been filed by the 1st appellant for a declaration that Section 30(3) of the Tea Act, 1953 (hereinafter referred to as the Act), is null and void. In W.P. No. 1443 of 1986 the prayer