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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 … to 12 : (2019) 4 SCC17 and a decision in PCIT v. Monnet Ispat and Energy Ltd. (2018) 18 SCC786 Making the above submissions and relying upon the above decisions of this Court, it is prayed to

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 … the said Certificate Proceedings and for a direction on the respondents to pay proper compensation with interest at 18% per annum for the damages suffered by the petitioners on account of the take over of the lea

Syntex Processors Vs. Collector of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Subject : Land Acquisition

Reported in : (1994)(71)ELT386TriDel

Produce Act, 1966 Section 16 provides for offences and Section 18 for composition of offence. And in the Tea Act, 1953 Section 36 provides for illicit export by making provisions of Customs Act applicable. Therefore, absence of any specific provision

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 … Act and for that purposerelevant part of Section 13, Sub-section (1) and relevant part of Sub-section (2) of Section 18, Sub-section (3) of Section 18 and Section 25 areextracted and reprodused as under:"13. Power of Central Government to

Union of India (Uoi) Represented Through the Secretary, Ministry of Fi ...

Court : Kolkata

Subject : Commercial

Acts : Land Customs Act, 1924 - Section 5(3); ;Tea Act, 1953 - Sections 3 and 18(1); ;Constitution of India - Article 226 and 226(1A)

Reported in : AIR1967Cal235

for internal consumption, through auction sales held by tea brokers. In July, 1953, the respondent made over to the North Eastern Railway Administration at Garopara, … the loss of the goods in Pakistan. By its letter dated December 18, 1953, the respondent contended that it had furnished all the necessary documents … under Article 226 of the Constitution, was made absolute.2. The respondent is the owner of and manages a tea estate known as Atiabari Tea Estate, in the district of Jalpaiguri. Tea from the respondent's garden is sent … the respondent at Calcutta. The respondent paid the excise duty as required by the Central Excises and Salt Act, before the Lea was removed from the gardens for booking with the railway administration. The railway administration arranged

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, … Pooniat Concession from Punhatil Kayikal Kela Varma Valuja Raja, on July 11, 1877 (Mithunam 20, 1052). This Concession recited that an application was made for

Cargola Tea Co. (P) Ltd. Vs. Ghanashyamlal Agarwala and ors.

Court : Kolkata

Subject : Property Service

Acts : Tea Act, 1953 - Section 3;; Industries (Development and Regulation) Act, 1951- Sections 16A(2), 16A(3)(F) and 16D(3);; Transfer of Property Act, 1882 - Sections 16 and 116;; Constitution of India - Article 226

Reported in : AIR2000Cal174,(2000)1CALLT97(HC)

argued on behalf of the respondent Ghanashyamlal Agarwal that the owner as defined In section 3K of the Tea Act, 1953 includes with reference to a tea estate or garden or sub-division thereof, the possession of which has been … a learned single Judge of this court dated 24.12.98 whereby the writ petition being marked as C.R. No. 18331 (W) of 1984 and C.R. No. 18452 (W) of 1984 were disposed of with the following observations :--'If

Rameshwarlal Sanwarmal Vs. Commissioner of Income-tax

Court : Guwahati

Subject : Direct Taxation

Acts : Indian Income Tax Act, 1922 - Sections 2(6A), 18(5) and 23A

the Tribunal to justify the conclusion that Sri S. M. Saharia was holding shares in Messrs. Shyam Sundar Tea Co. (Private) Ltd. in his capacity as karta of the applicant family consisting of himself and his minor … registered in the name of Sri S. M. Saharia on May 16, 1953, before the disruption in the joint status of the family of Hanutram … corresponding accounting year 1956-57 is the Ramnavami year 2012 (ending on April 18, 1956). The necessary facts for answering the question No. 1 are that … 1. The following questions of law have been referred to us under Section 66(1) of the Indian Income-tax Act, 1922 (hereinafter called ' the Act '), for opinion : ' (1) Whether, on the facts and in

Daya Singh Lahoria Etc. Vs. Union of India and ors. Etc.

Court : Supreme Court of India

Subject : Criminal

Acts : Terrorist and Disruptive Activities (Prevention) Act, 1987 - Sections 18; Extradition Act, 1962 - Sections 2 and 21; Fugitive Offenders Act, 1881; Constitution of India - Article 7

Reported in : AIR2001SC1716; 2001(1)ALD(Cri)828; 2001(2)ALT(Cri)142; 2001CriLJ2188; JT2001(5)SC31; 2001(3)SCALE370; (2001)4SCC516; [2001]3SCR1; 2001(2)LC1002(SC)

Fort Cochin. They were conducted by brokers of tea. The sales were in conformity with the provisions of Tea Act of 1953. The Sales-tax Officer assessed the appellants to pay sales tax on transactions of sale of tea … Activities (Prevention) Act, 1987, on the ground that an objection to the said jurisdiction could be made under Section 18 of the Act before the very Designated Court and an application for issuance of a Writ of Habeas

South Eastern Coalfields Ltd. Vs. State of Madhya Pradesh.

Court : Madhya Pradesh Jabalpur

Subject : Constitution

Acts : Constitution of India - Articles 243(Q), 285, 244(1) ; Municipality Act, 1961 - Sections 5, 127 (c ), (d), (e) ; Coal Mines Nationalization Act, 1973 - Section 11 - Rule 121 ; Mines Rules, 1967 - Rules 33, 34, 35, 36, 37, 38, 39, 67 ;

valid. The Apex Court has further laid down that The Central Government is empowered under Section 25 of Tea Act, 1953 to levy a duty or cess upon tea or tea leaves for the purposes of that Act, can … boundaries of Ward No. 15 Indira Gandhi Ward, Ward No. 16 Shri Ram Manohar Lohia Ward, Ward No. 18 Madan Mohan Singh Ward and that of other wards proved beyond doubt that the collieries and the entire