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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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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 … pursuant to the impugned Memos bearing Nos. 189(2)/Tdated 27th April, 1976, No. 234/T dated 26th May, 1976 and No.289/T dated 29th September 1977, as pleaded

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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 … tea and in this regard the Tribunal relied on the Board's letter F. No. 262/3/95-CX.8 (Circular No.214/48/96-CZ), dated 23-5-1996. It was further argued that tea and instant tea are two independent products and in respect of tea

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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 … the present case, by passing the impugned judgment and order, the learned NCLAT has erroneously relied upon Section 238 of the IBC to hold that the IBC will have an overriding effect over the Tea Act. It

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Dec 13 1996

Manipur Tea Co. Pvt. Ltd. Vs. Collector of Hailakandi

Court : Supreme Court of India

Decided on : Dec-13-1996

Subject : Property

Acts : Land Acquisition Act, 1894 - Sections 4(1), 18, 23(1) and 28; West Bengal Estate Acquisition Act, 1953 - Sections 42; Assam Land Acquisition Act and Assessment Ordinance, 1989

Reported in : AIR1997SC1779; JT1996(11)SC535; 1997(1)SCALE221; (1997)9SCC673; [1996]Supp10SCR108

24.9.1982 acquiring 123 Bighas 11 Cottahs and 13 Chittaks of the appellants' tea Estate for laying Railway tracks. The Collector by his award dated March … the paddy fields. In that behalf, reliance was placed upon Section 42 of the West Bengal Estate Acquisition Act, 1953 and similar provision in Assam Land Acquisition Act and Assessment Ordinance, 1989, as applicable, to show that the … burden is on the claimants to prove by adducing cogent, reliable and acceptable evidence the market value under Section 23(1) of the Act. The burden does not shift over to the Government but it is the duty of

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Sep 02 2016

Hindustan Lever Ltd. Vs. State of Karnataka

Court : Supreme Court of India

Decided on : Sep-02-2016

Subject : Land Acquisition

Kavin Gulati also specifically pointed out the Tea Marketing Control Order, 2003 made under Section 30 of the Tea Act, 1953 in which, “manufacturer” has been defined as a person who also produces value added products commercially known as … concerned, it is the case of the appellant they are covered by Explanation II to a Notification dated 23.9.1998 issued under Section 3 of the said Act, and “packing material” being covered by the said Explanation would

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Feb 24 1969

H.V. Kamath Vs. Ch. Nitiraj Singh

Court : Supreme Court of India

Decided on : Feb-24-1969

Subject : Election

Acts : Representation of the People Act, 1951 - Sections 123(1)(A) and 123(7)

Reported in : AIR1970SC211; (1969)1SCC601; [1969]3SCR813

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 … 6 - another charge under para 7 that Government servant canvassed for respondent and committed corrupt practices under Section 23 (7) - appellant witness never quoted that he was asked by Government servant to vote for respondent -

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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 … Medical Education & Charitable Trust v. State of Tamil Nadu, (1996) 3 SCC 15 ; (AIR 1996 SC 2384).5. Article 246 and Entry 52 of List I; Entries 24 and 27 of the List II and Entry

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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 … ambit of Entry 23 of the State List. There would,    therefore, after the Central Act of 1957, be "no matter in the   

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Oct 12 2012

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

Court : Chennai

Decided on : Oct-12-2012

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 … The ratio of conversion of green tea leaf into made tea has been fixed at 25% instead of 23% fixed earlier. It was contended that the order dated 02.01.2008 does not suffer from any infirmities and prayed

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