Judgment Search Results Home > Cases Phrase: alcock ashdown company limited acquisition of undertakings act 1973 section 7 payment of amount Page 1 of about 3,502 results (0.290 seconds)

Sirpur Paper Mills Limited Vs. Collector of Central Excise, Hyderabad

Court : Andhra Pradesh

Reported in : 2002(4)ALD344; 2003(159)ELT17(AP)

..... union of india, (supra), the supreme court held that the words 'in relation to' occurring in section 4(1) of the swadeshi cotton mills company limited (acquisition and transfer of undertakings) act, 1956 are very broad expressions and to be of comprehensiveness which might have both a direct significance as well as an ..... 'in relation to' and 'arising out of occurring in section 4(1) of the swadeshi cotton mills company limited (acquisition and transfer of undertakings) act, 1986, held that they are used in the expansive ..... thomas stephen and company limited, : 1988(34)elt416(sc) , (sc), where it was held that cashew shells used as fuel in the kiln used for manufacture of tiles as 'goods consumed in the manufacture of other goods' under section 5-a(1)(a) of kerala general sales tax act, 1963, opined that the observation therein to the effect that -- 'these (cashew shells) have not been used as raw materials ..... to the manufacture of the said final products (hereinafter referred to as the 'inputs') and for utilizing the credit so allowed towards payment of duty of excise leviable on the final products, whether under the act or under any other act, as may be specified in the said notification, subject to the provisionsof this section and the conditions and restrictions that may be specified in the notification : provided that the central government may specify the goods or ..... limited asking them to show-cause to the assistant commissioner of central excise, warangal as to why an amount .....

Swaika Properties Pvt. Ltd. and anr. Vs. State of Raj. and ors.

Court : Rajasthan

Reported in : RLW2006(2)Raj1112; 2006(2)WLC488

..... (ii) that due process of law as per the procedure prescribed under the act has not been followed and therefore the land acquisition in question has to fail, (iii) that there was gross delay on the part of the state government in undertaking and completing the land acquisition proceedings in question as the proceedings which were started on 25.6.1975 vide notice under section 52(2) of the act and the final declaration in respect of the same was issued only on 8.2.1984 vide annex ..... 1, sawaika property private limited, a private limited company registered under the companies act, 1956 in calcutta and petitioner no. ..... our attention was drawn to section 60-a of the amending act and the validating act and it was submitted, and in our opinion rightly, that sub-section (3) of the amending act and sub-section (4) of the validating act only required the making of the award and payment of money within the period stipulated therein. ..... the provisions of sub-section (4) of section 60-a of the validating act are analogous to section 17-a of the land acquisition act and as held in the aforesaid decisions of this court non-compliance with the said provisions will not be in any way amount to the de-vesting of acquisition which was taken place or the acquisition proceedings having lapsed.14. .....

Andhra Scientific Company Limited and ors. Vs. Union of India (Uoi) an ...

Court : Andhra Pradesh

Reported in : 2002(2)ALD205; 2002(1)ALT301

..... by a letter dated 22-7-1991, the company addressed the government of india, ministry of law and company affairs seeking payment of residual compensation amounts under the provisions of the andhra scientific company limited (acquisition and transfer of undertakings) act, 1982 (forshort 'the 1982 act') (central act no. ..... and a true and fair construction of the provisions of the 1982 act, the inference is irresistible is that the amounts specified and deducible from the provisions of sections 7 and 8 are intended as compensation for the taking over of the undertakings of the andhra scientific company limited as also for the deprivation of the managerial interests of such company during the period the management was resumed under section 18aa of the 1951 act and for such deprivations as are inherent in the retrospective operation ..... (5) the 1st respondent shall forthwith issue a notification under section 15 of the 1982 act appointing a commissioner of payments dulydirecting the said commissioner of payments to take up and complete the functions inhering in such commissioner of payments under the provisions of the 1982 act including payment of all the liabilities, if any, under the provisions of sections 18 to 22 and thereafter to make payment of the balance amount to the andhra scientific company limited as required under section 23 of the 1982 act from out of the funds paid by the 3rd respondent as directed above. .....

RamdIn and ors. and Upendra Pandey Vs. State of Madhya Pradesh and ors ...

Court : Madhya Pradesh

Reported in : 2009(3)MPHT270

..... the power finance corporation, a government of india undertaking and for whom the acquisition proceedings, on the insistence of the ministry of power, government of india, were taken up was taken over by a private company by a process of bidding, after the issuance of the notification under section 6 of the act and, therefore, the non-mentioning of the name of the selected developer in the section 6 notification was not possible at that time; ..... the information submitted by the power finance corporation on 28-3-2006 it is also clear that the respondent authorities had been informed by the government of india that ultimately sasan power limited would be taken over by the developer who would thereafter implement the entire project and, therefore, initially though the proceedings were initiated at the behest of the government ..... were also sitting on the fence and did not take any steps of challenging the notifications under sections 4 and 6 of the act till 1973 though the grounds now sought to be urged were available to the appellants as soon as such ..... . in a given case, it may be possible to show that naming the village alone does not amount to naming the locality in view of the largeness of the village and in that context a smaller area ..... state government to accelerate the process of acquisition of land and also requested for initiating land acquisition proceedings by issuance of notification under sections 4 and 6 of the act, for which part payment would be made by respondent no. 6 .....

Hindustan Vegetable Oils Corporation Limited Vs. Progressive Industrie ...

Court : Supreme Court of India

Reported in : JT1995(6)SC458; 1995(5)SCALE291; (1995)6SCC174; [1995]Supp3SCR386; [1996]100STC146(SC)

..... responsibility for the said period relying on the provisions of the ganesh flour mills company limited (acquisition and transfer of undertaking) act, 1984 (hereinafter referred to as 'acquisition act') ..... and supplies received by the appellant-corporation on or after april 23, 1984, the appellant-corporation shall either furnish form iii-kha or if it cannot do so, it shall reimburse the respondents-writ petitioners in full for the difference amount of tax which the respondents were made to pay to the state on account of the appellant's failure to furnish declaration forms to the respondents, as also for the interest and penalties, if any, imposed upon the ..... modification is this: if the appellant is not in a position to issue the declaration forms, it may not issue them but in such a case it shall reimburse the respondents-selling dealers in full for the difference amount of tax which the respondents were made to pay on account of the appellant's failure to furnish the said declaration forms and also in respect of interest or the penalties, if any, imposed in that behalf and ..... .(6) where a dealer, in whose favour a recognition certificate has been granted under sub-section (2), purchases any goods for use in the manufacture or packing of any notified goods without payment of tax or by paying tax at a concessional rate of less than four per cent, and such notified goods are sold or disposed of by such dealer otherwise than by way of sale in the state or in the course of .....

Duraisamy S. and ors. Vs. Managing Director, Anglo French Textiles and ...

Court : Chennai

Reported in : (2008)IIILLJ679Mad

..... submitted that the unique character of the anglo french textiles limited (acquisition and transfer of textile undertaking) act, 1986 is that the right, title and interest of the owner in relation to the textile undertaking got vested in the pondicherry textile corporation limited, freed and discharged from any trust, obligation, mortgage, charge, lien and all other, encumbrances, affecting it as per section 4(2) of the said act and the liabilities and obligations of the erstwhile owner were ..... . : (1997)iillj720sc , wherein while dealing with maharashtra central india spinning, weaving and manufacturing company limited, the empress mills, nagpur (acquisition and transfer of undertakings), act, 1986, the honourable apex court has held that 'the effect of the legislation which was to save as many employees as possible from unemployment since the only other option was liquidation ..... claim employment and the appellants are estopped by their conduct from seeking employment and hence once they have received the entire payments from the commissioner of payments which constitutes terminal benefits, they are not entitled to claim re-employment as of right; that the writ petition itself is barred by limitation and latches in view of the enormous and unexplained delay in filing the writ petition only in the year 1993; ..... )illj853sc , the honourable apex court has held that 'workman despite having received amount of compensation would not again have to be offered job by person reviving .....

National Textile Corpn. (Up) Ltd. Vs. Raja Ram Jaipuria and ors.

Court : Supreme Court of India

..... 10,00,000 shares in swadeshi polytex limited and 17,18,344 shares in swadeshi mining and manufacturing company limited, held by the swadeshi cotton mills, vest in the central government under section 3 of the swadeshi cotton mills company limited (acquisition and transfer of undertakings) act, 1986 (hereinafter referred to as the said act ). ..... thereafter, on 30.05.1986, the said ordinance was replaced by the swadeshi cotton mills company limited (acquisition and transfer of undertakings) act, 1986 (in short the swadeshi act ). ..... in the aforesaid view of the matter we hold that the 10,00,000 shares in swadeshi polytex limited and 17,18,344 shares in swadeshi mining and manufacturing company limited held by the swadeshi cotton mills vested in the central government under sections 3 and 4 of the act.71. ..... , bungalow no.2 (used as the personal residence of the directors), bungalow no.1 (used as guest house of the company) and an administrative block besides servants quarters and adjacent land and because of section 3 of the swadeshi act, every textile undertaking and the right, title and interest of the scmcl in the said textile undertaking stood transferred and vested with the central government and further transferred and vested in the ntc. .....

A. Venkateshwara Rao and ors. Vs. Bharat Electronics Limited, Machilip ...

Court : Andhra Pradesh

Reported in : 2005(3)ALD333; 2005(3)ALT693

..... the andhra scientific company limited (acquisition and transfer of undertakings) act 1983 was enacted by the parliament whereby inter alia the assets and liabilities of the company were taken over by the union. ..... by another order of the union government, the unit of the erstwhile andhra scientific company limited was vested with an existing public sector undertaking, bharat electronics limited, bangalore, in the year 1983. ..... the patna high court rejected the challenge to the vires of the act and held that the question as to whether notices issued by the 1st respondent were invalid, could not be considered under article 226 of the constitution of india and should be more appropriately raised in the form of a dispute, by the appellants, under section 10 of the id act. ..... on the merits of the contention, we would confirm the finding of the high court that the proper remedy which is available to the appellants to ventilate their grievance in respect of the said notices and circulars is to take recourse to section 10 of the industrial disputes act, or seek relief, if possible, under ..... the main challenge was to the validity of section 1(3) of the employees state insurance act 1948. ..... during the pendency of the above writ petition another memorandum of settlement was entered into between the respondent-management and the workmen of the machilipatnam unit of bel, under sections 12(3) and 18(3) of the industrial disputes act, 1947. .....

Bajaj Auto Limited Vs. Collector of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (1996)(88)ELT355TriDel

..... . union of india -1988 (36) e.l.t.201, supreme court considering the expression "in relation to" in section 4(1) of swadeshi cotton mills company limited (acquisition and transfer of undertakings) act, 1986, held that it is used in an expansive sense and is an expression of comprehensiveness which might both have a direct significance as well as an indirect significance depending on the ..... as follows :- (i) machines, machinery, plant, equipment, apparatus, tools or appliances used for producing or processing of any goods or for bringing about any change in any substance in or in relation to the manufacture of the final products;" tools' appear in the company of "machines, machinery, plant, equipment, apparatus, appliances" which are all complete and self-contained units or group or assemblage of parts as explained by larger bench of the tribunal in union carbide india ltd ..... allowing credit of any specified excise duty or specified additional duty paid on the specified "goods used in or in relation the manufacture of the said affinal products" (called inputs) and for utilizing the credit so allowed towards payment of excise duty payable on the final products under the act or any other specific act. ..... bench also held that the fact that the value of tool kit is included in the assessable value of moped for the purpose of payment of duty has no bearing on the controversy.5. ..... buy hand tools meant for tool kits supplied along with scooters cleared from the factory on payment of duty. .....

Commr. of Cus. and C. Ex. Vs. Modi Rubber Ltd.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (2000)(72)ECC783

..... 1988 (36) e.l.t.201 (sc), wherein the expression 'in relation to' occurring in section 4(1) of the swadeshi cotton mills company limited (acquisition and transfer of undertakings) act, 1986 had been held to be equivalent to or synonymous with the expressions ' ..... hereinafter referred to as the "final products"), as the central government may, by notification in the official gazette, specify in this behalf, for the purpose of allowing credit of any duty of excise or the additional duty under section 3 of the customs tariff act, 1975 (51 of 1975), as may be specified in the said notification (hereinafter referred to as the "specified duty") paid on the goods used in or in relation to the manufacture of the said final products [whether ..... contained in the final product or not] (hereinafter referred to as the "inputs") and for utilising the credit so allowed towards payment of duty of excise leviable on the final products, whether under the act or under any other act, as may be specified in the said notification, subject to the provisions of this section and the conditions and restrictions that may be specified in the notification : provided that the central government may specify the goods ..... the central government to specify the inputs, duty paid on which could be taken as credit and utilised by manufacturers of specified final products towards payment of duty leviable on such final products, subject to such conditions and restrictions as might be stipulated by the government. .....