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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 … so reserved: xxxxx xxxxx xxxxx xxxxx31. Section 32 deals with Purchase of cane grown in a reserved area. Sub-section (6) thereof reads as follows-Except with the permission of the State Government, cane grown in a reserved area shall

M/S. Tandon Brothers Vs. State of West Bengal and ors.

Court : Supreme Court of India

Subject : Property

Acts : West Bengal Estate Acquisition Act, 1953 - Sections 3, 5 and 6(3); Defence of India Act, 1962 - Sections 29; Constitution of India - Article 226; Civil Rules, 1974 - Rule 4171; Civil Rules, 1968 - Rule 6128; Requisition and Acquisition of Immovable Property Act, 1952 - Sections 7(1); Central Government Act

Reported in : AIR2001SC1866; JT2001(4)SC454; 2001(3)SCALE197; (2001)5SCC664; [2001]2SCR960

On the factual score it appears that on 1st November, 1962, a notice under West Bengal Estate Acquisition Act, 1953 was issued intimating thereunder that lands measuring more or less 4959.27 acres comprising the Tea Estate have vested … concerned Tea Estate. Incidentally, 1451.40 acres have been arrived at on the basis of Field Inquiry Report under Section 6(3) of the West Bengal Estate Acquisition Act, 1953 and upon consideration thereof by the Tea Garden Advisory Committee

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 … 31, 1970.This fact runs counter to the claim to have acquired any right to retain the lands under Section 6(3) of the said Act of 1953, by virtue of the supposed purchase from M/s. Dooars Tea Company in

C.T. Ltd. and anr. Vs. Commercial Tax Officer and ors.

Court : Supreme Court of India

Subject : Sales Tax

Acts : Central Sales Tax Act, 1956 - Sections 5(1), 5(3) and 6(1); Tea Act, 1953 - Sections 17

Reported in : 1996VIIIAD(SC)386; JT1996(10)SC58; 1996(7)SCALE865; (1996)10SCC729; [1996]Supp8SCR99; [1997]104STC94a(SC)

550 M/tonnes of tea to Iran. This license was requisite under the provisions of Section 17 of the Tea Act, 1953. Our attention was drawn to the invoice issued by the appellants, which stated that the tea had been

Oil India Ltd. Vs. State of Assam and ors.

Court : Guwahati

Subject : Other TaxesConstitution

Acts : Assam Taxation (on Specified Lands) (Amendment) Act, 2004; Assam Taxation (on Specified Lands) Act, 1990 - Sections 3, 4, 5 and 6; Oil Fields (Regulation and Development) Act, 1948; Government of India Act, 1935; Mines and Minerals (Regulation and Development) Act, 1948 - Sections 5, 6 and 6(2); Mines and Minerals (Regulation and Development) Act, 1957 - Sections 3, 9 and 32; Oil Industry (Development) Act, 1974; West Bengal Primary Education Act, 1973; West Bengal Rural Employment of Production (Amendment) Act, 1976; West Bengal Taxation Laws (2nd Amendment) Act, 1989; Tea Act, 1953; Cess Act, 1860; Petroleum and Natural Gas Rules, 1959 - Rules 4 and 13; Constitution of India - Articles 14, 32 and 301;

of cess. Tea estate, as a separate category of land, is a valid classification;(vii) the fact that the Tea Act, 1953 empowers the Central Government to levy a duty or cess upon tea or tea leaves for the purposes … for determination of annual productivity of the land whereas Section 5 provides for the rate of tax. Under Section 6 it is the owner of the specified land, as defined, who has been made liable to pay the

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 … the tea company the management of which has been taken over under the Act by the State Government. Section 6 confers power on the State Government to make certain declarations in relation to certain tea units. Sub-section (1)

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 … is obtained, as required under Section 16G of the Tea Act which, in the present case, is lacking. 6 4.3 It is further submitted by Shri Shyam Divan, learned Senior Advocate appearing on behalf of the appellant

Roopachera Tea Co. Ltd. and Another Vs. State of West Bengal and Other ...

Court : Kolkata

Subject : Land Acquisition

case No.1 of 2009. Mr. Mukherjee, learned Senior Counsel appearing for the writ petitioners submits that the Anandapur Tea Estate was previously owned by the Rahut, a Zaminder family of Jalpaiguri. They constituted a family partnership under … by (illegible) No.5658-6 Ref. dt. (illegible) Ref. dt. 11.08.1978, under Section 6(3) of the West Bengal Estates Acquisition Act, 1953.” It was also submitted that the lease in question is a statutory lease strictly in accordance with Form

State of West Bengal Vs. Mir Fakir Mohammad

Court : Kolkata

Subject : PropertyCivil

Acts : Code of Civil Procedure (CPC) , 1908 - Order 6, Rule 2; ;West Bengal Estates Acquisition Act, 1953 - Sections 2 and 6(1)

Reported in : AIR1977Cal29

:-- '(f) Subject to the provisions of subsection (3), land comprised in tea gardens or orchards or land used for the purpose of livestock breeding, … orchards and that he was entitled to retain the same under the provision of theWest Bengal Estates Acquisition Act, 1953 amongst other reliefs. The plaintiff got the decree against the State of West Bengal and in the first … effect of notification and enumerates the rigihts and extent in the properties of the intermediary. Sub-section (1) of Section 6 of the Act mentions the property which the intermediary shall be entitled to retain. Clause (f) of Sub-section

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 … of course the industry of    coal."    "The functions of the Development Councils constituted under this    Act prescribed by Section 6(4) bring out the real purpose and    object of the Act. It is to increase the efficiency of productivity