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

Court : Supreme Court of India

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 … modifications the provisions of that Chapter apply to a reference in respect of compensation for requisition. Sections 23, 24 and 25 lay down the principles for ascertaining the amount of compensation payable to a person whose land

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 … considerably enlarged over thepredecessor Government of India Act. Entry 97 in List I confers residuarypowers on Parliament, Article 248 of the Constitution which speaks ofresiduary powers of legislation confers exclusive power on Parliament tomake any law with

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 … Governor and the State Legislature of Tripura and are, therefore, unconstitutional and void. He contended that under Article 246(1) of the Constitution, Parliament has exclusive powers to make law with respect to any of the matters enumerated

Duken Hengra Tea Pvt. Ltd. Vs. Union of India (Uoi)

Court : Guwahati

Subject : Excise

Acts : Constitution of India - Article 226; Central Excise Tariff Act, 1985

as follows: ' Heading No. Description of goods Rate of Duty 09.02 Tea, including tea waste Nil'8. Under Tea Act, 1953, a notification was issued in the year 1984 named as Tea Marketing Control Order, 1984 (TMCO), in exercise … of Excise Duty on bulk tea traded during the period 2-6-98 to 24-6-98. The matter was taken up with the Ministry of Finance who has … in India at the rate set forth in the Schedule of the Central Excise Tariff Act, 1985 vide Section 3 of the Act of 1944. The Act of 1944 defines 'excisable goods' to mean goods specified in

Goodricke Group Ltd. and ors. Vs. State of W.B. and ors.

Court : Supreme Court of India

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 … to the power to ensure the production of tea at a particular level.57. Chapter-IV containing Sections 17 to 24 provide for control of the Tea Board/Central Government over the export of tea and tea seed.58. Chapter-V contains

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 … observed by this Court in Swiss Ribbons Pvt. Ltd. (supra), referred to hereinabove, the primary focus of the 24 legislation while enacting the IBC is to ensure revival and continuation of the corporate debtor by protecting the

State of West Bengal Vs. Singell Tea and Agricultural Industries Limit ...

Court : Supreme Court of India

Subject : Tenancy

Acts : West Bengal Estates Acquisition Act, 1953 - Sections 42(2) and 44(3); West Bengal Estates Acquisition Rules, 1954; Code of Civil Procedure (CPC) - Sections 115 - Order 41, Rule 19; Transfer of Property Act - Sections 106; Constitution of India - Articles 226 and 227

Reported in : JT1993(3)SC743; 1993(2)SCALE388; (1993)2SCC678; [1993]2SCR879

Court dated 15.9.1981 as such the same are disposed of by one single order.2. The respondent Messers Singell Tea and Agricultural Industries Limited, a private limited company incorporated under the Companies Act, 1956 (in short 'The Company') … was also impleaded as a party respondent.3. The State of West Bengal enacted The West Bengal Estates Acquisition Act, 1953 (hereinafter referred to as 'The Act') to provide for the State acquisition of estates, of rights of intermediaries … lands comprised in estates. The State Government also issued a notification under Section 4 of the Act vesting all estates and rights of every intermediary

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, … the decision of the Government.7. A Royal Proclamation was made on September 24, 1899 (Kanni 9, 1075). It recites :Whereas we deem it expedient to

Khem Chand Dhingra and anr Vs. Prabir Roy Chowdhury and ors

Court : Kolkata

Subject : Education

transfer of the tea estate and permission to transfer is not provided under the West Bengal Estate Acquisition Act, 1953. It has been categorically asserted that the possession of the tea estate was amicably handed over to the … the Sate of West Bengal and Bhupatis Roy Chowdhury relating to transfer and/or subletting of the tea garden. Section 6(1)(f) of the West Bengal Estate Acquisition Act provides restriction and a prior permission which should be obtained … and proper and upon payment of the balance consideration sum of Rs. 24,40,000/- by the plaintiff no. 2 herein; (c) In the event of the

Planters Forum Vs. State of Kerala

Court : Kerala

Subject : Land Acquisition

thereunder: These acts include:1. The Indian Forests Act, 1927.2. The Coffee Act, 1942.3. The Rubber Act, 1947.4. The Tea Act, 1953.5. The Wildlife (Protection) Act, 1980.6. The Forest (Conservation) Act, 1980.7. The Spices Board Act, 1986.8. The Biological … Nos.6/2000, 8/2000, 3/2001 and 16/2001. The 2003 Act was passed by the State Legislature and notified on 06.06.2005. Section 1(2) further provided that the 2003 Act shall be deemed to have come into force on W.P(C) No.26691 … THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON1710-2014, ALONG WITH WPC.NO. 24819/2003 AND CONNECTED CASES, THE COURT ON1711-2014 DELIVERED THE FOLLOWING: sts WP(C).NO.26691/2010 APPENDIX