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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 … - cannot be faulted. More important, the situation envisaged by Sri Venugopal cannot really come to pass Section 16B(1)(b) of the Tea Act read with Section 16C and Section 16D provides that if the central government is

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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 … of the Tea Act. It is submitted that the said object of restarting/revival is borne out from Section 16B(2), Section 16E(1)(b), Section 16I(1) and Section 16K of the Tea Act. It is submitted that restarting/revival of the

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Dec 20 2010

Dheklapara Tea Company Limited and anr. Vs. the Official Liquidator, H ...

Court : Kolkata

Decided on : Dec-20-2010

Subject : Land Acquisition

that, since 2006, this writ petition has been pending. No steps have been taken under the provisions of Tea Act, 1953. The Tea Estates have been abandoned by the Tea Companies. The workers are left high and dry. They … kind of an application to be made by the Central Government concerning a tea Company under liquidation, is Section 16B(2). It is in these terms: (2) Where a company owning a tea undertaking is being wound up by

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Feb 21 2023

M.M.J. Plantations vs Union of India

Court : Kerala

Decided on : Feb-21-2023

approached this Court with the following prayers: “i) Declare that Sections 16B, 16C, 16D and 16E of the Tea Act 1953 is unconstitutional and ultra vires the Constitution of India. ii) Issue a writ of mandamus or other appropriate … FOLLOWING: WP(C) NO. 24521 OF 2015 -3-JUDGMENTPetitioners have approached this Court with the following prayers: “i) Declare that Sections 16B, 16C, 16D and 16E of the Tea Act 1953 is unconstitutional and ultra vires the Constitution of

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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 … Central Government in certain circumstances. Section 16A contains definitions for the purpose of the said Chapter III A. Section 16B empowers the Central Government to cause investigation to be made in relation to a tea undertaking or tea

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Jul 02 1980

The Tea Trading Corporation of India Vs. Pashok Tea Company Ltd. and o ...

Court : Kolkata

Decided on : Jul-02-1980

Subject : Civil

Acts : Tea Act, 1953 - Section 16E

Reported in : AIR1980Cal282,85CWN8

clear from the said order that the power was exercised by the President under Section 16E of the Tea Act, 1953, Section 16E along with the other sections were introduced into the Tea Act by (Amendment) Act, 1976. The petitioner … after making or causing to be made any such investigation as is referred to in Sub-section (1) of Section 16B, the Central Government is satisfied that action under this section is desirable, it may issue such directions to

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Jan 13 2009

Smt. Shalan W/O. Narayan Dappal and ors. Vs. the Board of Trustees of ...

Court : Mumbai

Decided on : Jan-13-2009

Subject : Tenancy

Acts : Presidency Small Cause Courts Act, 1882 - Sections 41, 41(1) and 41(2); Public Premises (Eviction of Unauthorised Occupants) Act, 1971 - Sections 1(3), 2, 4, 4(1), 4(2), 5, 5A, 5A(2), 5A(3), 5B, 5B(5), 5C, 7(1), 7(2), 7(2A), 8, 9(5), 13, 15, 20 and 29; Major Port Trusts Act, 1963; Bombay Rents, Hotel and Lodging House Rates Control Act, 1947; Railways Act - Sections 27; Recovery of Debts Due to Bankers and Financial Institutions Act, 1963 - Sections 31; Maharashtra Employees of Private Schools (Conditions of Service) Act, 1977 - Sections 15; Suits Valuation Act - Sections 11; Code of Civil Procedure (CPC) - Sections 21, 100 and 602; Bombay Government Premises (Eviction) Act, 1955; Bombay Municipal Corporation Act; Maharashtra Housing and Area Development Act, 1976; Culcutta Thika Tenan

Reported in : 2009(3)BomCR289; 2009(111)BomLR1110

Mr. Makhija also relied on United Bank of India, Calcutta v. Abhijit Tea Co. Pvt. Ltd. and Ors. : AIR2000SC2957 , to contend that wherever … suit had been transferred to the Controller, the deletion of that Section by Section 8 of the Amendment Act, 1953 had the effect of depriving the Controller of his jurisdiction to try the suit and therefore the judgment … or proceeding do not ordinarily indicate the appeal proceeding. The observations made in this behalf read as under:Further, Section 16B uses the word 'entertain' and not the words 'entertain or try any suit' as contained in Section 15(2)

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