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Tea Board and ors. Vs. Shankar Narayan Dhar and ors.

Court : Kolkata

Subject : Service

Acts : Constitution of India - Article 226;;Tea Act, 1953 - Section 31(2);;Recruitment and Promotion Rules - Rules 2, 10(1) and 50(1)

Reported in : (2000)1CALLT276(HC)

the promotion of his immediate Junior. This communique is binding on the appellant under section 31(2) of the Tea Act 1953 which provides 'the Board shall cany out such directions as may be issued to it from lime to

Sri Sekharsree Banerjee Vs. the Tea Board and ors.

Court : Kolkata

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 … Aloke Banerjee, learned Advocate, appearing for the Tea Board, submitted that in view of the provision contained in Section 31(1) and Section 31(2), of the Tea Act of 1953, the Tea Board has to follow the instructions given

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, … and (2) whether the impugned Act is protected from challenge under Article 31A of the Constitution, and if so, to what extent.2. The petitioner is

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 … ultra vires the State Legislature; and (ii) the said Act is also constitutionally void as if offends Article 31(2) of the constitution, inasmuch as it does not either provide for payment of compensation for the property requisitioned

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 … and distribution of tea and tea waste (Section 30), general control over acts and proceedings of the Board (Section 31) and appeal to Central Government against the orders of the Board (Section 32). Chapter VII of the Act

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 … Rs. 6 per kg of tea on despatches from fee tea estateAct XX of 1989** p. 30 at 31    No change    S. 2: S. 78(2)(aa) omittedand replaced by S. 78(2A) S. 78 (2A): Cess at the rate

Hindustan Lever Ltd. Vs. State of Karnataka

Court : Supreme Court of India

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 … is, therefore, exempt altogether from payment of entry tax on packing material of tea under a notification dated 31.3.1993 issued under Section 11A of the Karnataka Tax on Entry of Goods Act, 1979 (hereinafter referred to as

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

Court : Kolkata

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 … May, 1976 and No.289/T dated 29th September 1977, as pleaded in paragraph 31 hereof.' 2. Thereafter, in 1979, the writ petition appeared in the Court

The Belsund Sugar Co. Ltd. Vs. the State of Bihar and ors. Etc.

Court : Supreme Court of India

Subject : Commercial

Acts : Bihar Agricultural Produce Markets Act, 1960 - Sections 2(1), 3(1) 4, 5, 7, 12, 13, 15, 18, 25, 27, 28, 29, 31, 32, 39, 40, 42, 43, 44, 46, 48, 49, 50(1), 51, 52 and 58 - Rule 82; Bihar Sugarcane(Regulation of Supply & Purchase) Act, 1981; Bihar Agricultural Produce Markets Rules, 1975; Sugar(Control) Order, 1966; Sugar(Packing & Marking) Order, 1970; Sugar(Restriction on Movement) Order, 1970; Indian Contract Act, 1872 - Sections 72; Constitution of India - Articles 19(1), 132(1), 133(1), 142, 145 and 254(1); Industries(Development and Regulation) Act, 1951; Rice Milling Industry(Regulation) Act, 1958 - Sections 6(1); Tea Act, 1953 - Sections 30(1); Essential Commodities Act, 1955 - Sections 3; Bihar Molasses(Control) Act, 1947; Bihar Sugarcane Act, 1979 - Bihar Sugarcane

Reported in : AIR1999SC3125; 1999(4)ARBLR502(SC); 1999(3)BLJR2191; JT1999(5)SC422; 1999(4)SCALE516; (1999)9SCC620; [1999]Supp1SCR146

the purchase and sale of tea were governed by the comprehensive provisions of the Central Act, namely, the Tea Act, 1953, the said Act would wholly govern transactions of purchase and sale of tea by the appellant and to … to another place and also the power of the prescribed authority to revise the order of the Collector.30. Section 31 deals with Declaration of reserved area and provides as follows:(1) The Cane Commissioner may, having regard to the

Paschimbanga Bhumijibi Krishak Samiti and ors. Vs. State of West Benga ...

Court : Kolkata

Subject : CivilProperty

Acts : West Bengal Land Reforms Act, 1955 - Sections 2(7), 2(10), 14M(6), 14P, 14P(1), 14Q, 14Q(1), 14Q(2), 14Q(3), 14SS, 14T, 14T(4), 14T(5), 14T(8), 14T(9), 14U, 14U(4) and 17Q(3); ;West Bengal Land Reforms (Amendment) Act, 1981 - Sections 4(4), 4(5) and 26; ;West Bengal Land Reforms (Amendment) Act, 1986; ;West Bengal Land Reforms (Amendment) Act, 1991 - Sections 17(2) and 30; ;West Bengal Estates Acquisition Act, 1954 - Sections 4, 5 and 6; ;Constitution of India - Articles 14, 19, 20, 25, 26, 31A, 31A(1), 31B and 31C; ;Constitution of India (66th Amendment) Act, 1991; ;Constitution of India (78th Amendment) Act, 1995; ;Urban Ceiling Act

Reported in : (1996)2CALLT183(HC),100CWN900

the districts of Darjeeling or Jalpaiguri which is held for purposes connected with the cultivation or manuiacture of tea, and(d) land vested in, or in possession of the Stale Government in respect of which any license has … appeals, the legislative history of the relevant Acts may be noticed. The State enacted West Bengal Estate Acquisition Act, 1953 (being West Bengal Act No. 1 of 1954) to provide for acquisition of Estates, rights of inter-mediaries therein … Act, 1951 in so far as it purported to insert Article 31B; Sections 6,7,8 and 2 of the Constitution (44th) Amendment Act, 1978 the Constitution … Amendment Act, 1951 in so far as it purported to insert Article 31B; Sections 6,7,8 and 2 of the Constitution (44th) Amendment Act, 1978 the