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Home Bare Acts Phrase: refutationInchek Tyres Limited and National Rubber Manufacturers Limited Nationalisation Act, 1984 Chapter VI
Title: Commissioner of Payments
State: Central
Year: 1984
.....payment made by its after the appointed day, for discharging any liability of either of the two companies, not being any liability specified in sub-section (2) of section 5, in relation to any period prior to the appointed day, and every such claim shall have priority, in accordance with the priorities attaching, under this Act, to the matter in relation to which such liability has been discharged by the Central Government or the existing, or new, Government company. (3) Save as otherwise provided in this Act, the liabilities or either of the two companies in respect of any transaction prior to the appointed day which have not been discharged on or before the specified date shall be the liabilities of the respective company. Section 18 - Claims to be made to the Commissioner Every person having a claim against either of the two companies with regard to any of the matters specified in the Second Schedule pertaining to any undertakings owned by it, shall prefer such claim before the Commissioner within thirty days from the specified date: Provided that if the Commissioner is satisfied that the claimant was prevented by sufficient cause from preferring the claim within the.....
View Complete Act List Judgments citing this sectionInchek Tyres Limited and National Rubber Manufacturers Limited Nationalisation Act, 1984 Section 21
Title: Admission or Rejection of Claims
State: Central
Year: 1984
.....on affidavits; (d) the issuing of any commission for the examination of witnesses. (6) Any investigation before the Commissioner shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the Indian Penal Code and the Commissioner shall be deemed to be a civil court for the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, (7) A claimant who is dissatisfied with the decision of the Commissioner may prefer an appeal against such decision to the principal civil Court of original jurisdiction within the local limits of whose jurisdiction the registered office of the concerned company is situated: Provided that where a person who is a Judge of a High Court is appointed to be the Commissioner, such appeal, shall lie to the High Court exercising jurisdiction over the place in which the registered office of the concerned company is situated and such appeal shall be heard and disposed of by not less than two Judges of that High Court.
View Complete Act List Judgments citing this sectionSick Textile Undertakings( Nationalisation) Act, 1974 Chapter VI
Title: Commissioners of Payments
State: Central
Year: 1974
.....to the Commissioner in relation to the sick textile undertaking within the local limits of the jurisdiction specified under clause (b) of sub-section (1). Section 18 - Payment by the Central Government to the Commissioner (1) The Central Government shall, within thirty days from the specified date, pay in cash to the Commissioner, for payment to the owner of a sick textile undertaking, an amount equal to the amount specified against the sick textile undertaking in the First Schedule and shall also pay to the Commissioner such sums as may be due to the owner of a sick textile undertaking under sub-sections (1) and (2) of section 9. (2) In relation to the sick textile undertakings the management of which was taken over by the Central Government under the Industries (Development and Regulation) Act, 1951, there shall be paid by the Central Government [in addition to the amount referred to in sub-section (1)], to the Commissioner, in cash, an amount calculated at the rate specified in section 6 of the Sick Textile Undertakings (Taking Over of Management) Act, 1972, for the period commencing on the date on which such management was taken over by the Central Government and.....
View Complete Act List Judgments citing this sectionSick Textile Undertakings( Nationalisation) Act, 1974 Section 23
Title: Admission or Rejection of Claims
State: Central
Year: 1974
..... (c) the reception of evidence on affidavits; (d) the issuing of any commission for the examination of witnesses. (6) Any investigation before the Commissioner shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the Indian Penal Code and the Commissioner shall be deemed to be a Civil Court for the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure. 1973. (7) A claimant who is dissatisfied with the decision of the Commissioner may prefer an appeal against the decision to the principal Civil Court of original jurisdiction within the local limits of whose jurisdiction the sick textile undertaking is situated : Provided that where a person who is a Judge of a High Court is appointed to be the Commissioner, such appeal shall lie to the High Court for the State in which the sick textile undertaking is situated, and such appeal shall be heard and disposed of by not less than two-Judges of that High Court.
View Complete Act List Judgments citing this sectionBirds & Company Limited Acquistion & Transfer of Undertakings & Other Properties Act, 1980 Chapter VI
Title: Commissioner of Payments
State: Central
Year: 1980
.....meaning of sections 193 and 228 of the Indian Penal Code( 45 of 1860 ) and the Commissioner shall be deemed to be a civil court for the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973( 2 of 1974 ). (7) A claimant who is dissatisfied with the decision of the Commissioner may prefer an appeal against the decision to the principal civil Court of original jurisdiction within the local limits of whose jurisdiction the registered office of the concerned company is situated: Provided that where a person who is a Judge of a High Court is appointed to be the Commissioner, the appeal, shall lie to the High Court at Calcutta and such appeal shall be heard and disposed of by not less than two Judges of that High Court. Section 20 - Disbursement of money by Commissioner to claimants After admitting a claim under this Act, the amount due in respect of such claim shall be paid by the Commissioner to the person or persons to whom such amount is due, and on such payment, the liability of the Company in respect of such claim shall stand discharged. Section 21 - Disbursement of amounts to the Company and possession of certain machinery, equipment, etc. .....
View Complete Act List Judgments citing this sectionBirds & Company Limited Acquistion & Transfer of Undertakings & Other Properties Act, 1980 Section 19
Title: Admission or Rejection of Claims
State: Central
Year: 1980
.....) the reception of evidence on affidavits; ( d ) the issuing of any commission for the examination of witnesses. (6) Any investigation before the Commissioner shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the Indian Penal Code( 45 of 1860 ) and the Commissioner shall be deemed to be a civil court for the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973( 2 of 1974 ). (7) A claimant who is dissatisfied with the decision of the Commissioner may prefer an appeal against the decision to the principal civil Court of original jurisdiction within the local limits of whose jurisdiction the registered office of the concerned company is situated: Provided that where a person who is a Judge of a High Court is appointed to be the Commissioner, the appeal, shall lie to the High Court at Calcutta and such appeal shall be heard and disposed of by not less than two Judges of that High Court.
View Complete Act List Judgments citing this sectionGanesh Flour Mills Company Limited (Acquisition and Transfer of Undertakings) Act, 1984 Chapter VI
Title: Commissioner of Payments
State: Central
Year: 1984
.....within the meaning of sections 193 and 228 of the Indian Penal Code and the Commissioner shall be deemed to be a civil court for the purposes of Section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973. (7) A claimant, who is dissatisfied with the decision of the Commissioner, may prefer an appeal against the decision, to the principal civil court of original jurisdiction within the local limits of whose jurisdiction the registered office of the Company is situated : Provided that where a person who is a Judge of a High Court is appointed to be the Commissioner such appeal shall lie to the High Court of Delhi and such appeal shall be heard and disposed of by not less than two Judges of that High Court. Section 19 - Disbursement of money by the Commissioner to claimants (1) After admitting a d'aim under this Act, the amount due in respect of such claim shall be paid by the Commissioner to the person or persons to whom such amount is due and on such payment, the liability of the Company in respect of such claim shall stand discharged. (2) If, out of the monies paid to him in relation to the Ganesh Flour Mills, there is a balance left after meeting the.....
View Complete Act List Judgments citing this sectionGanesh Flour Mills Company Limited (Acquisition and Transfer of Undertakings) Act, 1984 Section 18
Title: Proof of Claims
State: Central
Year: 1984
.....producible as evidence; (c) the reception of evidence on affidavits; (d) the issuing of any commission for the examination of witnesses. (6) Any investigation before the Commissioner shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the Indian Penal Code and the Commissioner shall be deemed to be a civil court for the purposes of Section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973. (7) A claimant, who is dissatisfied with the decision of the Commissioner, may prefer an appeal against the decision, to the principal civil court of original jurisdiction within the local limits of whose jurisdiction the registered office of the Company is situated : Provided that where a person who is a Judge of a High Court is appointed to be the Commissioner such appeal shall lie to the High Court of Delhi and such appeal shall be heard and disposed of by not less than two Judges of that High Court.
View Complete Act List Judgments citing this sectionAssam Sillimanite Limited (Acquisition and Transfer of Refractory Plant) Act, 1976 Chapter VI
Title: Commissioner of Payments
State: Central
Year: 1976
.....of the Company. Section 16 - Priority of claims in relation to arrears of provident fund, etc. (1) Out of the amount paid to him under sub-section (1) of section 15, the Commissioner shall deduct in the first instance, all sums equal to the amount of arrears due to the persons who were in employment of the Company, in connection with the Refractory Plant, on the 1st day of July, 1973,-- (a) in relation to a provident fund, pension fund or any other fund established for the welfare of such persons, (b) as wages. (2) All sums deducted under sub-section (1) shall, in accordance with such rules as may be made under this Act, be credited by the Commissioner to the relevant fund or paid by him to the persons to whom the said sums are due and on such credit or payment, the liability of the Company in respect of the amount of arrears due as aforesaid shall, to the extent of such credit or payment, stand discharged. (3) Every deduction made under sub-section (1) shall have priority over all other debts, whether secured or unsecured. Section 17 - Priority in relation to other claims (1) Save as therwise provided in section 16, every secured debt due from the company.....
View Complete Act List Judgments citing this sectionAssam Sillimanite Limited (Acquisition and Transfer of Refractory Plant) Act, 1976 Section 19
Title: Proof of Claims
State: Central
Year: 1976
.....evidence; (c) the reception of evidence on affidavits; (d) the issuing of any commission for the examination of witnesses. (6) Any investigation before the Commissioner shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the Indian Penal Code and the Commissioner shall be deemed to be a Civil Court for the purpose of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973. (7) A claimant who is dissatisfied with the decision of the Commissioner may prefer an appeal against the decision to the principal Civil Court of original jurisdiction within the local limits of whose jurisdiction the Refractory Plant is situated : Provided that where a person who is a Judge of a High Court is appointed to be the Commissioner, such appeal shall lie to the High Court for the State in which the Refractory Plant is situated, and such appeal shall be heard and disposed of by not less than two Judges of that High Court.
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