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Aug 10 1999

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

Court : Supreme Court of India

Decided on : Aug-10-1999

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 … the business of blending tea;(j) improving the marketing of tea in India and elsewhere;(k) Xxxx xxx xxx xxxx150. Section 12 deals with method of control of extension of tea cultivation.151. Section 14 deals with grant of permission to

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Apr 09 1999

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

Court : Guwahati

Decided on : Apr-09-1999

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

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 … (Section 9), protection of anaction taken on good faith (Section 10), power toterminate contract of employers (Section 11),penalties (Section 12), offence by Companies(Section 13), power to make rules (Section 14)and repeal and savings (Section 15). It is thusclear

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Jul 17 1998

Tata Tea Limited Vs. Commissioner of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Tamil Nadu

Decided on : Jul-17-1998

Subject : MRTP

Reported in : (1999)(63)ECC364

by the appellants is liable for levy of cess in terms of the provisions laid down under the Tea Act, 1953. The definition of Tea under Section 3(n) of the Tea Act is as follows -.- "Tea means the … Court in the case of Union of India v. Garware Nylons Ltd. as reported in 1996 (87) E.L.T. 12 (S.C.).7. Ld. DR contended that the aspect pertaining to solubility in hot or cold water is not the

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Jan 15 2004

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

Court : Supreme Court of India

Decided on : Jan-15-2004

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

as may be made by the Central Government. Chapter III providesfor control over the extension of tea cultivation. Section 12 prohibitsplanting of tea on any land unless permission therefore is granted by theBoard. Section 13 provides for the … 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

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Nov 25 1994

Goodricke Group Ltd. and ors. Vs. State of W.B. and ors.

Court : Supreme Court of India

Decided on : Nov-25-1994

Subject : Constitution

Acts : West Bengal Taxation Laws (Second Amendment) Act, 1989 - Sections 2 and 3; West Bengal Rural Employment and Production Act, 1976 - Sections 3, 4(2A), 4(3), 4(4) and 4B; Constitution of India - Article 14; Tea Act, 1953 - Sections 16B(1), 16C, 16D and 25(1); West Bengal Primary Education Act, 1953 - Sections 78(2A)

Reported in : 1995(50)ECC138; JT1994(7)SC577; 1994(4)SCALE1138; 1995Supp(1)SCC707; [1994]Supp6SCR120; [1995]98STC32(SC)

to be tax on lands. The referred to the declarations by the Parliament in Section 2 of the Tea Act, 1953 to the effect that it was expedient in public interest that Union should take under its control the … of tea'.55. Chapter -III containing Sections 12 to 16 provides for control over the extension of tea cultivation. Section 12 says that no one shall plant tea on any land not planted with tea on the date of

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Oct 04 2019

Duncans Industries Ltd. Vs. A.j. Agrochem

Court : Supreme Court of India

Decided on : Oct-04-2019

Subject : Land Acquisition

gardens, the Central Government vide notification dated 28.01.2016, in exercise of its power under Section 16E of the Tea Act, 1953 has taken over the control of 7 tea gardens. 2.2 That the respondent is an operational creditor of … under Section 16E(1). It is submitted that Section 16G(1) shall be applicable when the management of a tea 12 undertaking or tea unit owned by a company has been taken over by the Tea Board. It is

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Aug 26 1988

Tandon Bros. Vs. State of West Bengal and ors. and Union of India (Uoi ...

Court : Kolkata

Decided on : Aug-26-1988

Subject : Property

Acts : West Bengal Estates Acquisition Act, 1953 - Section 6 and 6(3)

Reported in : (1989)1CALLT263(HC)

as follows :The petitioner is a registered partnership firm and proprietor of the 'Tea Estate', known as 'Rohini Tea Estate' which has been purchased by the petitioner on or about January 30, 1960, in a public auction … cultivation. On or about November 1, 1962, a notice under Section 6(3) of the West Bengal Estates Acquisition Act, 1953, (hereinafter referred to as the Act of 1953) was issued and the petitioner duly filed objection on or

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Dec 21 1993

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

Court : Chennai

Decided on : Dec-21-1993

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

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 … Delhi Municipality v. B.C.S.& W. Mills : [1968]3SCR251 , the Supreme Court has held as follows (at p. 1244):--'Where the legislative policy is enunciated with sufficient clearness or standard is laid down, the Courts should not interfere.

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Jan 14 1982

Manindra Nath Mukherjee Vs. Asst. Controller of Estate Duty

Court : Kolkata

Decided on : Jan-14-1982

Subject : Direct Taxation

Acts : Estate Duty Act, 1953 - Section 12 and 12(1)

Reported in : [1983]140ITR476(Cal)

was right in holding that the estate of the deceased has rightly been assessed to estate duty under Section 12 read with Section 27 of the Estate Duty Act, 1953 '2. During the estate duty assessment proceedings the … declares that whatever money he will earn from Ananda-moyee Agency Ltd., Dilkhusa Tea Co. Ltd., Bijli Dooars Tea Co. Ltd. and Sydley Dooars Tea Co. … Sabyasachi Mukharji, J.1. In this reference under Section 64(1) of the E.D. Act, 1953, the following question has been referred to this court for an answer:' Whether, in the facts and circumstances

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Apr 28 1987

Badrinarayan Vs. State of M.P. and ors.

Court : Madhya Pradesh

Decided on : Apr-28-1987

Subject : Sales Tax

Reported in : [1988]70STC12(MP)

10 STC 500. The assessees in this case were registered dealers in tea under the Bombay Sales Tax Act, 1953, and they purchased in bulk diverse brands of tea and without the application of any mechanical or chemical … October, 1981 issued by the State Government, in exercise of the powers conferred on the State Government by Section 12 of the Madhya Pradesh General Sales Tax Act, 1958 (hereinafter referred to as 'the Act'). By that notification,

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