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Nov 06 2003

S. Samuel, M.D., Harrisons Malayalam and anr. Vs. Union of India (Uoi) ...

Court : Supreme Court of India

Decided on : Nov-06-2003

Subject : Constitution

Acts : Tamil Nadu Scheduled Articles (Prescription of Standards) Order, 1977; Essential Commodities Act, 1955 - Sections 2, 3, 3(1), 3(2) and 5; Drugs and Cosmetics Act, 1940 - Sections 3; Tea Act, 1953 - Sections 2; Food Hoarding Order, 1917

Reported in : AIR2001SC218; JT2003(8)SC413; (2004)1SCC256; [2003]134STC610(SC)

under Clause (a). The declaration contemplated by Clause (a) is available as made by Section 2 of the Tea Act, 1953 (No. 29 of 1953) which came into force on 1st April, 1964. It provides - 'it is hereby

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Aug 09 1961

Paresh Chandra Chatterjee Vs. the State of Assam and anr.

Court : Supreme Court of India

Decided on : Aug-09-1961

Subject : Property

Acts : Assam Land (Requisition and Acquisition) Act, 1948 - Sections 23, 24 and 25; Constitution of India - Articles 31(2) and 372; Government of India Act, 1935; Tea Act of 1953 - Sections 2 and 15(1); Land Acquisition Act, 1894 - Sections 23

Reported in : AIR1962SC167; [1962]3SCR88

(2) and 372 of Constitution of India, Government of India Act, 1935, Sections 2 and 15 (1) of Tea Act, 1953 and Section 23 of Land Acquisition Act, 1894 - petitioner owns tea estate - out of total area

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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

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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 … the appellants are one 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

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Sep 23 2005

Sri Sekharsree Banerjee Vs. the Tea Board and ors.

Court : Kolkata

Decided on : Sep-23-2005

Subject : Service

Acts : Tea Act, 1953 - Sections 31(1), 31(2), 49(1) and 49(2); ; Tea Act, 1935 - Sections 31 and 49

Reported in : (2006)1CALLT628(HC)

order dated 29th April, 2005 passed by the Chairman of the Tea Board, an establishment constituted under the Tea Act, 1953, being a part of annexure 'P-24' to this writ petition at page 151, is under challenge in this … the powers conferred upon the Central Government by Sub-section (1) read with Clause (d) of Subsection (2) of Section 49 of the Tea Act; 1953.20. By referring to the relevant part of the said Rules. Mr. Sengupta

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Jul 18 2005

D.D. Shah and Brothers Vs. Union of India (Uoi) and anr.

Court : Rajasthan

Decided on : Jul-18-2005

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2(1A), 10(1), 35B(1A), 80IA, 80IA(4), 80IA(5), 80IA(6), 80IB, 80IB(2), 80IB(4), 80HH and 80HH(2); Rajasthan Sales-tax Act, 1954; Finance Act, 1999; Finance Act, 1961; Kerala General Sales tax Act, 1963; Central Sales-tax Act, 1956 - Sections 8(1), 8(3) and 8(3)(1); Central Sales-tax Rules - Rule 13; Tea Act, 1953 - Sections 3, 4 and 16A; Uttar Pradesh Sales-tax Act; Karnataka Sales Tax Act, 1957; Central Excise Act; Madhya Pradesh General Sales-tax Act, 1958 - Sections 2; Finance Act, 1978 - Sections 2(7); Finance Act, 1966 - Sections 2(5); Finance Act, 1967

Reported in : (2005)197CTR(Raj)1; [2006]283ITR486(Raj); 2004(3)WLC425

Tea Act, 195336. It is to be noticed that tea is a natural product of bushy plant. The Tea Act, 1953, was enacted by the Parliament to provide for control by the Union of the tea industry, including the … cent deduction of the profits and gains derived from the business of such undertaking under Sub-clause (iii) of Sub-section (2) of Section 80IB, which reads as under :'(iii) it manufactures or produces any article or thing, not being

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Mar 03 1994

Sonapur Tea Company Private Limited and anr. Vs. State of Assam and an ...

Court : Supreme Court of India

Decided on : Mar-03-1994

Subject : Civil

Acts : Defence of India Act, 1962 - Section 8(2)(a); Requisitioning and Acquisition of Immovable Property Act, 1952 - Section 25

Reported in : JT1994(2)SC653; 1994(1)SCALE873; (1994)4SCC746; [1994]2SCR303; 1994(1)LC585(SC)

estate arises because proper management of the ‘tea estate’ which is subject to regulatory measures contained in the Tea Act, 1953, is not otherwise feasible. When such rental is found out, fixing the sum of recurring payment to be … determinants specified in the Act itself, admits of no controversy. As such principles or determinants are specified in sub-section (2) of Section 8 of the Act, it would be advantageous to advert to it. It reads: “8. (2)

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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

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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Jul 10 1992

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

Court : Kolkata

Decided on : Jul-10-1992

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 … writ in the nature of Mandamus commanding the respondents Nos. 1 and 2 to issue treasury challans and to accept payment of rent by the

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Aug 13 1999

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

Court : Kolkata

Decided on : Aug-13-1999

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 … above appeals arise out of a common Judgment passed by 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)

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