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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

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 … and the same. These writ appeals have been filed against the common order dated 2-8-1987 dismissing writ petitions 1442 to 1444 of 1986. Writ petition No. 1444 of 1986 has been filed by the 1st appellant for

Duncans Industries Ltd. Vs. A.j. Agrochem

Court : Supreme Court of India

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 … is not adversarial to the corporate debtor but, in fact, protective of its interests. The moratorium imposed by Section 14 is in the interest of the corporate debtor itself, thereby preserving the assets of the corporate debtor during

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

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 … by notification dated 9-4-91 of the State Government. Thereafter, the said period was again extended by notification dated 14-10-92 of the State Government for one year with effect from 11-11-92. Jn the meanwhile, Certificate Proceedings were initiated

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

plant tea are to be dealt with. Any decision taken by the Board in termsof Sub-section (3) of Section 14 on such applications is not to be calledin question by any Court. Section 15, however, makes an exception … 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

The Hilla Tea Estates and Industries Ltd. and Anothers Vs. State of We ...

Court : Kolkata

Subject : Property

Acts : Calcutta High Court (Appellate side), Rules - Rule 16;; West Bangal Estates Acquisition Act, 1954 - Sections 6(3), 6(5) and 10(2);; West Bangal Estate Acquisition Rules, 1954 - Rule 4;; West Bengal Estates Acquisition Act, 1953 - Sections 4, 5, 6, 6(1), 10(5) and 42(2);; Tea Act, 1953;; Constitution of India - Article 226;; Code of Civil Procedure (CPC) 1908 - Section 151 - Order 39, Rule 2(3)

Reported in : AIR1993Cal236

deponent, the corrct position was subsequently ascertained on holding necessary enquiry and verification of returns filed under the Tea Act, 1953 by the Hilla Tea Estate Joint Council of Management through its acting Manager and the said returns admittedly … of the petitioner No. 1, as a lessee and/ or intermediary therein, by reason of the provisions of Sections 6 and 10(5) of the West Bengal Estates Acquisition Act, 1953 (hereinafter referred to as the said Act … defect in the writ petition retrospectively after a period of more than 14 years from the date of the writ petition, which was still born,

Atiabari Tea Co., Ltd. Vs. the State of Assam and ors.

Court : Supreme Court of India

Subject : Constitution

Acts : Constitution of India - Articles 14, 19(1), 32, 132, 226,265, 301, 302, 303 and 304; Assam Taxation (onGoods Carried by Roads or Inland Waterways) Act, 1954 - Sections 6 and 7(3); TeaAct, 1953 - Sections 3 and 10

Reported in : AIR1961SC232; [1961]1SCR809

Assam Taxation (on Goods Carried by Roads or Inland Waterways) Act, 1954 and Sections 3 and 10 of Tea Act, 1953 - enactment of Act of 1954 challenged on ground of constitutional validity - as per Proviso to Article … on the ground that it was discriminatory and thus void under Art. 14 of the Constitution. The competence of the Assam Legislature to legislate on … one locality and similar goods manufactured or produced another locality. (2) Any law passed in contravention of this Section shall, to the extent of the contravention, be invalid." 11. It will be noticed that prohibited contained in

R. Dharuman and Another Vs. the Union of India, Rep by Its Secretary t ...

Court : Chennai

Subject : Land Acquisition

to direct the first respondent to exercise power under subsection (1) & (2) of Section 30 of the Tea Act, 1953 to fix the minimum price of green tea leaf payable to the petitioners being small tea growers in … quality of raw materials i.e., green tea leaf to maximise the price of final product i.e, made tea. 14. The Tea Board, after getting approval from the Government of India evolved a price sharing formula on 19.01.2004,

India Coffee and Tea Distributing Co. Ltd. Vs. the State of Madras, Re ...

Court : Chennai

Subject : Sales Tax

Acts : Madras General Sales Tax Act, 1939 - Sections 2, 3(3), 5 and 14A; Madras General Sales Turnover and Assessment Rules, 1939 - Rule 5; Constitution of India - Articles 14, 245 and 286

Reported in : AIR1954Mad1030

sales-tax made on the plaintiffs are illegal and void.2. The facts are:- The plaintiffs Messrs. India Coffee and Tea Distributing Company Ltd., First Line Beach, Madras, are a firm of commission agents at Madras and other places. … of which they are owners and as the sales were for delivery outside the State and deliveries were actually so made, they are exempted from assessment under Section 5, Clause (v) of the Madras General Sales-tax Act. … The Supreme Court in - 'Poppatlal Shah v. State of Madras' : 1953CriLJ1105 has set at rest the controversy whether the expression 'sale' was used … into by them?2. Are not the plaintiffs assessable to tax under Section 14-A of the' Madras General Sales Tax Actand Rule 5 (1) of the

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

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 … object is to resume agricultural lands for their distribution for cultivation and purposes ancillary thereto.Plantation' is denned in Section 2(f) of the impugnedAct. 'Plantation' means any land used by a person principally for the cultivation of tea, … on the basis that the Act is valid. In this connection entry 14 of List I (...implementing of treaties....) may be kept in mind. If

A.C. Paul Agricultural Co. Pvt. Ltd. and ors. Vs. State of West Bengal ...

Court : Kolkata

Subject : ConstitutionCivil

Reported in : 1984(3)ECC200

repugnancy between the provisions of the West Bengal Rural Employment and Production Act, 1976, and those of the Tea Act, 1953. The object of the Tea Act, 1953, is to provide control by the Union of tea industry, of … the West Bengal Rural Employment and Production Act 1976 (West Bengal Act 14 of 1976). 2. Mr. Sitesh Roy, learned Advocate for the petitioner, has, … credited to the fund called the West Bengal Rural Employment and Production Fund which has been established under Section 5(1) of the Act. Section 6 of the Act provides that the said fund would be utilised for