Judgment Search Results Home > Cases Phrase: tobacco board act 1975 section 9 dissolution of the board Page 1 of about 391 results (0.317 seconds)

Chellamma Kamalamma and ors. Vs. Narayana Pillai Prabhakaran Nair

Court : Kerala

Reported in : AIR1993Ker146

..... the other hand, it is contended by learned counsel for the respondent-plaintiff that section 17 of the hindu succession act must be treated as an express amendment to the travancore nair act and other state enactments dealing with succession and on the repeal of the travancore nair act by section 7(2) of the joint family abolition act, 1975, section 17 gets expressly repealed even otherwise it gets impliedly repealed on the passing of the joint family abolition act, 1975. ..... , it was felt that it was necessary and desirable to have a uniform law for all marumakkathayees in kerala in regard to the right to obtain dissolution of marriage and tarwad and its management including partition. ..... that act dealt with the following subjects : marriage and its dissolution (chapter ii), maintenance and guardianship (chapter iii), intestate succession (chapter iv), testamentary succession (chapter v), the tarwad and its management (chapter vi), partition of tarwad property (chapter vii) and impartible tarwads (chapter ..... " from the provisions of the above travancore nair act, it is clear that the said act made provisions in regard to marriage and its dissolution, maintenance and guardianship, intestate succession, testamentary succession, tarwad and its management, partition of tarwad property and impartible ..... most of the enactments contain provisions regarding marriage and its dissolution, maintenance and guardianship, intestate succession, testamentary succession and tarwad and its management and .....

Dayalan Rajes Vs. State of Kerala and anr.

Court : Kerala

Reported in : [1998]231ITR707(Ker)

..... sub-section (1) of section 1 gives the title of the act as the kerala joint hindu family system (abolition) act, 1975. ..... before the commissioner, it was contended by the assessee that the kerala joint hindu family system (abolition) act, 1975, is applicable to the assessee, that even if the family is reduced to a sole surviving co-parcener with the other female members, the property and income belonged to the joint family and as a result of the disruption which was brought about by the kerala joint hindu family system (abolition) act, 1975, in the joint family, the assessee, his wife and daughter are to be treated as tenants-in-common. ..... it takes in (1) a tarwad or thavazhi governed by the madras marumakkathayam act, 1932, the travancore nayar act, ii of 1100(me), the travancore ezhava act, iii of 1100, the nanjinad vellala act of 1101, the travancore kshatriya act of 1108, the travancore krishnavaka marumakkathayee act, vii of 1115, the cochin nayar act, xxix of 1113, or the cochin marumakkthayam act, xxxiii of 1113, (2) a kutumba or kavaru governed by the madras aliyasanthana act, 1949, (3) an illom governed by the kerala nambudiri act, 1958, and (4) an undivided hindu family governed by the mitakshara law.10. ..... parukutty amma suhhadra amma : air1971ker44 , as to how all rights, substantive, procedural or remedial to obtain dissolution of marriage under the travancore nayar act, 1100 are saved under subsection (2) of section 29 of the hindu marriage act, 1955. .....

i.T.C. Limited Vs. the Agricultural Produce Market Committee and ors.

Court : Supreme Court of India

Reported in : AIR2002SC852; 2002(1)ARBLR112(SC); [2002(2)JCR177(SC)]; JT2002(1)SC294; 2002(1)SCALE327; (2002)9SCC232; [2002]1SCR441; (2002)1UPLBEC814

..... , on the ground that in view of tobacco board act, 1975 and tobacco association act, 1975, the entire field regarding the development of tobacco industry including the marketing of tobacco was occupied and the state legislation is repugnant to the central act.so far as 12 appeals arising out of the judgments of madhya pradesh high court are concerned, the high court of madhya pradesh followed the judgment of this court in the itc case and held that the market committee will not be entitled to realise any market fee in relation to the trade with regard to tobacco since the market committee act is repugnant to the tobacco board act. ..... on the question of the re-conciliation between the tobacco board act and the agricultural market committee act, and in relation to the provisions contained in section 31 of the tobacco board act to the effect, - "provisions of this act shall be in addition to, and not in derogation of, the provisions of any other law for the time being in force", the learned counsel contends, the aforesaid provision by no stretch of imagination can be construed to mean, that notwithstanding the state legislation being repugnant to the parliamentary law, yet the state legislation will be permitted to operate. .....

Institute of Public Health Vs. Union of India and Ors

Court : Delhi

..... the reason which prevailed with the karnataka high court was that the participation by the board in the conference was beyond the provisions of the tobacco board act, 1975. ..... of the citizens ..... the state government of karnataka of the high court of karnataka whereby the tobacco board was restrained from actively participating in the global tobacco networking forum 2010 held at bangalore from 4th to 8th october, 2010; and, has argued that the government of india by participation as aforesaid is granting recognition to the event aforesaid being held by the tobacco industry and the purport whereof is to influence the government and government functionaries to lower the taxes on tobacco and tobacco products to encourage the consumption thereof and which consumption is against the public interest concerning health .....

Vst Distribution, Storage and Vs. State of West Bengal and ors.

Court : Sales Tax Tribunal STT West Bengal

Reported in : (2000)118STC515Tribunal

..... applicants contend that the entire field of legislation as far as cigarette industry is concerned, is fully occupied by the parliament which alone possesses exclusive legislative power, authority and jurisdiction to enact law pertaining to or touching upon the cigarette industry, in view of the tobacco board act, 1975 and the industries (development and regulation) act, 1951 (hereinafter referred to as "the 1975 act and 1951 act" respectively). ..... , at its factory in agarpara, west bengal, which are sold in west bengal and neighbouring states through its sales distribution net work.admittedly, the applicant-company is not a manufacturer of cigarettes but is, nonetheless, a "stockist" in terms of the second part of the definition of "stockist" in section 2(i) of the act inasmuch as stock of cigarettes which have been defined under the act as luxury are brought by it from a place outside west bengal for stocking, vending, supplying or distributing such luxuries in west bengal. .....

itc Limited, Secunderabad and Another Vs. State of Andhra Pradesh and ...

Court : Andhra Pradesh

Reported in : 1999(1)ALD28; 1998(6)ALT318

..... this provision is exactly in conflict with section 14a of the tobacco board act, 1975. ..... slate of karnataka, , wherein it was held that state of karnataka is not competent to levy market fee in respect of tobacco under the karnataka agricultural produce marketing (regulation) act, 1966 because that directly clash with the tobacco board act of 1975, and contended that since the tobacco board of 1975, has occupied the field, the state government is not competent to levy luxury tax on tobacco as it would amount to encroaching upon the field occupied by the parliament.6. ..... in other words, under the tobacco board act, 1975, the tobacco is to be sold on a registered auction platform established by the board and the board is competent to levy fees on the auctioners and the fees is to be collected both from the sellers as well as the purchasers. ..... the argument of the learned counsel for the petitioners is that since the parliament by enacting the tobacco board act, 1975 under entry 52 list i has occupied the field, the state legislature is not competent to levy the luxury tax under entry 62 of list ii. ..... in other words, the tobacco board act, 1975 has occupied the field and once the parliament has occupied the field, the state cannot encroach upon the said field and, therefore, any enactment by the state will be without legislative competence.5. .....

Virginia Tobacco Growers Association Vs. Union of India and Others

Court : Andhra Pradesh

Reported in : 2000(6)ALD720; 2001(1)ALT20

..... but, because of its global market and the revenues received by the state by way of foreign exchange and excise duty and perhaps because of the agitation of the growers for remunerative prices, the parliament had chosen to enact 'the tobacco board act, 1975', (for short 'the act') to take over the control of the industry relating to fcv virginia tobacco, in the public interest.8. ..... the central government, inexercise of its- rule-making power under section 32 of the act, made rules in theyear 1976 and they are known as 'the tobacco board rules. ..... considering the constitutionality of section 20 of the kerala agriculturistsdebt relief act (2 of 1970) under which the traders are entitled to recover the properties sold to the purchasers in execution of the decree passed in liquidating the debt owed by the agriculturists, having declared that the above section is valid, proceeded further to see whether the object sought to be actheved by the said provision can be considered as 'reasonable restriction' on the right of the citizen guaranteed under article 19(1)(g) of the constitution and deduced the following seven guidelines to judge the reasonableness of the restrictions imposed by the state:(1) in judging the reasonableness of the restrictions imposed .....

Virginia Tobacco Growers Association and Others Vs. Union of India and ...

Court : Andhra Pradesh

Reported in : 2001(1)ALD427; 2001(1)ALT406

..... may be, as of present, there is no regulation made to other varieties of tobacco than virginia, but the tobacco board act, 1975, which is a central enactment (central act no.4 of 1975), (hereinafter referred to as 'the act') deals with all kinds and varieties of tobacco and that is so clear from the provision contained in sub-section (3) of section 8 of the act.4. ..... such considerations will lead to anomalies and have got lot of ramifications, as it affects not only the farmers who have grown the crops in the fond expectation of permission to continue the same, as also the farm-labour and above all, national economy, which is one of the prime factors in enacting the tobacco board act, 1975, as the piquant situation is that the growers now cannot raise other crops, as the season had already passed the standing tobacco crop would wither away, if the protective order is not granted by this court. ..... the tobacco board is constituted under section 4 of the act and it is entrusted with some functions for the purpose of development and control of manufacture and sale of tobacco in the country ..... the functions of the board are enumerated in section 8 and it is apt to extract sub-sections (1) and (2) :'8(1) it shall be the duty of the board to promote, by such measures as it thinks fit, the development under the control of the central government of the tobacco industry ..... , this tobacco board is a body subservient to the central government and that is so loud and clear from the scheme of the act.6. .....

Gwalior Sugar Co. Ltd. Vs. State of M.P. and ors.

Court : Madhya Pradesh

Reported in : 2006(3)MPLJ433; (2008)16VST591(MP)

..... the then cii, held:.if we examine the difference provisions of the tobacco board act, more particularly, sections 3, 8 and 32 and the provisions of the agricultural produce markets act, more particularly section 4(2) thereof as well as section 15, which is said to be the heart and soul of markets act in belsund's case, the conclusion is irresistible that the two acts come in direct collision with each other and it is difficult to reconcile the provisions of both the acts ..... if one has to concede that there is conflict between the provisions of the aforesaid two acts, atleast in those states where sections 13, 13- a and 14 of the tobacco board act do not operate, the provisions of the state market act must prevail and in such states where sections 13, 13-a and 14 of the tobacco board act are not applicable, fees can be levied under the market act. ..... be made to rule 32 of the tobacco board rules, 1976 framed in exercise of the powers conferred by section 32 of the tobacco board act regarding purchase of virginia tobacco in comparison to section 15 of the bihar act requiring the agricultural produce, which tobacco is, to be brought in the market yard and sold by means of an auction or tender to the highest bidder. ..... regard reference may be made on one hand to section 4(2) of bihar act and similar provision in other state legislations and on the other to the provisions of section 13 of the tobacco board act in states wherein this section has been enforced and also to section 8(2)(cc). .....

Varshney General Sales and anr. Vs. State of U.P. and ors.

Court : Allahabad

Reported in : [2003]130STC202(All)

..... the argument, is, once the parliament has passed tobacco boards act, 1975 by virtue of section 2 the entire tobacco industry has been taken over by the central government. ..... finally this ordinance is also void since it purports to legislate in respect of tobacco, the control of this industry has been taken over by the parliament by passing of the tobacco boards act, 1975 and the entire field being covered by it the state was not competent to legislate on it. ..... unless it is averred and shown that this imposition, in fact, makes inroads into the tobacco industry taken over under the tobacco boards act, 1975, merely passing of the said act by itself does not restrict the state legisla-ture from imposing tax within its permissible field under the state list. ..... (d) whether the impugned ordinance is void as it purports to legislate in respect of tobacco, the control of this industry has been taken over by parliament by the passing of the tobacco boards act, 1975 11. ..... (d) we hold, the impugned ordinance is not void on account of passing of the tobacco boards act, 1975, by the parliament. .....