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Paresh Chandra Chatterjee Vs. the State of Assam and anr.
Supreme Court of India
Aug-09-1961
Property
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
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
Tag this Judgment! AI Brief & AskThe Hilla Tea Estates and Industries Ltd. and Anothers Vs. State of We ...
Kolkata
Jul-10-1992
Property
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)
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
Tag this Judgment! AI Brief & AskTata Tea Limited Vs. Commissioner of Central Excise
Customs Excise and Service Tax Appellate Tribunal CESTAT Tamil Nadu
Jul-17-1998
MRTP
(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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Duncans Industries Ltd. Vs. A.j. Agrochem
Supreme Court of India
Oct-04-2019
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
Tag this Judgment! AI Brief & AskManipur Tea Co. Pvt. Ltd. Vs. Collector of Hailakandi
Supreme Court of India
Dec-13-1996
Property
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
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
Tag this Judgment! AI Brief & AskHindustan Lever Ltd. Vs. State of Karnataka
Supreme Court of India
Sep-02-2016
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
Tag this Judgment! AI Brief & AskH.V. Kamath Vs. Ch. Nitiraj Singh
Supreme Court of India
Feb-24-1969
Election
Representation of the People Act, 1951 - Sections 123(1)(A) and 123(7)
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 -
Tag this Judgment! AI Brief & AskThe Tufanialonga Tea Co. Ltd., Calcutta and anr. Vs. State of Tripura ...
Guwahati
Apr-09-1999
Constitution
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
Tag this Judgment! AI Brief & AskThe State of West Bengal Vs. Kesoram Industries Ltd. and ors.
Supreme Court of India
Jan-15-2004
ConstitutionOther Taxes
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
(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
Tag this Judgment! AI Brief & AskR. Dharuman and Another Vs. the Union of India, Rep by Its Secretary t ...
Chennai
Oct-12-2012
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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