Banking Companies Acquisition And Transfer Of Undertakings Act 1980 Amending Act 1 Banking Companies Acquisition And Transfer Of Undertakings And Financial Institutions Laws Amendment Act 2006 - Judgment Search Results

Govind Swaroop Chaturvedi Vs. Cm-md. Punjab and Sind Bank and ors.

Court : Delhi

Reported in : 130(2006)DLT679; 2006(88)DRJ736; (2006)IIILLJ950Del

introduced a pension scheme embodied in pension regulations under the banking companies acquisition transfer of undertakings act 1980 in the year a pension scheme embodied in pension regulations under the banking companies acquisition transfer of undertakings act 1980 in the year 1995 pension scheme embodied in pension regulations under the banking companies acquisition transfer of undertakings act 1980 in the year 1995 the deputation or on study leave abroad unless after having been transferred or having returned to india he has resumed charge of in pension regulations under the banking companies acquisition transfer of undertakings act 1980 in the year 1995 the pension regulations hereafter pension regulations under the banking companies acquisition transfer of undertakings act 1980 in the year 1995 the pension regulations hereafter referred regulations under the banking companies acquisition transfer of undertakings act 1980 in the year 1995 the pension regulations hereafter referred to was also submitted that the change in the regulations by amendment of regulation 29 enured only in the case of employees the bank and those who had retired on or after 1 11 1993 to pension subject to certain conditions regulation 3 fund interest accrued with it together with a further simple interest at the rate of 6 per annum from the date autonomous body or a public sector undertaking or company or institution or body whether incorporated or not to which he is in the pensions in the pension regulations by way of amendments to regulation 28 so that employees who retire as above

Property Owners Association Vs. State Of Maharashtra .

Court : Supreme Court of India

..... the banking companies acquisition transfer of undertakings act 1969 act 22 of 1969 passed in august 1969 this first phase of bank nationalisation resulted in the famous rc cooper v union of india 1970 1 scc248where the majority of 10 1 struck .....

Dr Vijay Mallya Vs. State Bank of India

Court : Karnataka

manager 11 uco bank a body corporate constituted under the banking companies acquisition transfer of undertakings act 1970 and having its bank limited a banking company incorporated under the jammu kashmir companies act no xi of1977 samvat having its registered office at corporation bank a body corporate constituted under the banking companies acquisition transfer of undertakings act1980 40 of1980 and having its corporate sind bank a body corporate under banking companies acquisition and transfer of undertaking act 1980 having its head office at21 rajendra corporate constituted under the banking companies acquisition and transfer of undertakings act 1980 40 of1980 and having its corporate office at deserve to be dismissed amendment of section 21 of the act of 1993 is retrospective 8 having regard to the subject corporate under banking companies acquisition and transfer of undertaking act 1980 having its head office at21 rajendra palce new delhi 110 that thereafter there is no need to refer to the amending act at all 13 the question whether an amendment by w p no 22111 2018 c w w p no 16351 2018 court in various proceedings arising out of the very a financial institution or a consortium of banks or such financial appeal be entertained by the appellate tribunal unless such person from him as determined by the tribunal under section 19 institutions shall not deposited with provided that the appellate tribunal may the amending act at all 13 the question whether an amendment by way of substitution would have retrospective effect had fallen

Centre for Public Interest Litigation Vs. Union of India (Uoi) and anr ...

Court : Supreme Court of India

Reported in : AIR2003SC3277; 2004(5)ALLMR(SC)65; 1(2004)BC173(SC); [2003]117CompCas123(SC); (2003)4CompLJ1(SC); 2003(4)CTC237; JT2003(Suppl1)SC515; 2003(7)SCALE491; (2003)7SCC532; [2003]

each corresponding new company as has been stated in the banking companies acquisition transfer of undertakings act nor is there any separately in demand for grant both the companies are govt companies and are instrumentalities of the state disinvestments of h p contrary to and viotative of the provisions of the esso acquisition of undertaking in india act 1974 the burma shell acquisition can be run for the public good that even by transfer of a company other than government company the assets can act as contained in the banking companies acquisition transfer of undertakings act or in the coal mines nationalisation act 1973 does may be specified in the notification the preamble to the act clearly stated that acquisition is done in order to ensure privatization laws even when privatization could have been implemented without amending the existing legislation this may have the advantage of mobilizing 1974 the burma shell acquisition of undertaking in india act 1976 and caltex acquisition of shares of caltex oil refining india is provided that no expenditure shall be incurred during a financial year on a new service not contemplated in the annual under the companies act generally and unrelated to purposes nationalisation laws or can amalgamate these companies with another company which may 1 h held section3 1 h of the act require amendment court cannot fill up a casus omissus matter left open

Iae International Aero Engines Ag Vs. United Breweries(holdings) Limit ...

Court : Karnataka

to which the correspondence was addressed and the company kept banking accounts in london but it was contended by the respondent two classes of creditors this will lead to the indian companies adopting unhealthy practices of borrowing capital abroad and then refuse 5 6 corporation bank a body corporate under banking companies acquisition and transfer undertaking act 1980 40 of 1980 having its vs united breweries holdings limited 8 244 banking companies acquisition transfer of undertakings act 1970 and having its registered office at corporate constituted under the banking companies acquisition and transfer of undertakings act 1980 and having its corporate office at plot no 433 e 433 f 434 and 450 of the companies act 1956 praying to order that the respondent be wound up banking companies acquisition and transfer undertaking act 1980 40 of 1980 having its corporate office at mangaladevi temple road pandeshwar mangalore gesellschaft fur motor und motor fahrzeunbau vorm cudell co 1902 1 kb342 a very short period of residence at a date 197 thus on the basis of summary of the aforesaid financial reports and constant increase in the losses and complete erosion breweries holdings limited realization of dues of banks and financial institutions 143 244 however being protector of interests of workmen and petitioner is a foreign company which is incorporated under the laws of england is carrying on business in india it has respondent company ubhl executed a corporate guarantee on 25 01 2006 in favour of the petitioner and rrpf in respect of

Emerald Valley Estates Ltd. Vs. Commissioner of Income Tax

Court : Karnataka

Reported in : [1996]222ITR799(KAR); [1996]222ITR799(Karn); 1996(41)KarLJ204

were entirely different that was a case in which the banking business of the company was compulsorily acquired by the government company was compulsorily acquired by the government under the banking companies acquisition transfer of undertakings act 1970 as a whole a supra and held that even if the moment of the acquisition of goodwill and its cost of acquisition could be pin bringing to tax any capital gain arising out of the transfer of any such asset since however the assessee had not by the government under the banking companies acquisition transfer of undertakings act 1970 as a whole a lump sum compensation of subhash b adi j dispensation of disciplinary enquiry electricity supply act 54 of 1948 section 79 and karnataka electricity board employees fact that the price of coffee land in the year 1980 81 was around rs 20 000 to 25 000 per such trees was a capital and not a revenue receipt 15 in travancore tea estates co ltd vs cit 1974 93itr314 the growth of goodwill the essential character of the two assets being different what may be true about goodwill may not

Punjab National Bank and Others Vs. All India New Bank of India Employ ...

Court : Supreme Court of India

Reported in : AIR1997SC1086; 1997(1)Crimes283(SC); JT1997(2)SC432; (1997)ILLJ863SC; 1997(2)SCALE89; (1997)10SCC627

the undertakings of certain banking companies the parliament enacted the banking companies acquisition and transfer of undertakings act 1980 it came of india for short nbi were nationalised by the banking companies acquisition transfer or undertakings act 1980 for short the act of certain banking companies the parliament enacted the banking companies acquisition and transfer of undertakings act 1980 it came into force india for determining the placement of the employees of the transferor bank including the determination of their inter se seniority vis undertakings scheme 1993 on the commencement of the scheme the undertakings of nbi stood transferred to and vested in pnb all he has denied that in effecting those transfers pnb had acted contrary to any award settlement agreement in force therefore the enacted the banking companies acquisition and transfer of undertakings act 1980 it came into force on 15 4 80 under the of the officers of the two banks framed guidelines on 16th september 1993 on the same day it also framed guidelines that nbi had made huge losses and that considering its financial condition it deserved to be merged with pnb moreover the

Senior Citizens' Service Trust and Ors. Vs. Minister for Finance and A ...

Court : Gujarat

Reported in : (2009)2GLR1633

provide for the acquisition and transfer of undertakings of certain banking companies having regard to their size resources coverage and organisation sector banks and we perused those files 7 the banking companies acquisition and transfer of undertakings act 1980 was enacted to banks and we perused those files 7 the banking companies acquisition and transfer of undertakings act 1980 was enacted to provide the organisations like n 7 the banking companies acquisition and transfer of undertakings act 1980 was enacted to provide for the was enacted to provide for the acquisition and transfer of undertakings of certain banking companies having regard to their size resources 9 3a of the banking companies acquisition transfer of undertaking act 1970 opinion expressed by the reserve bank of india was of the banking companies acquisition and transfer of undertakings act 1980 for short the act were not followed and there was terms of the nationalised banks management miscellaneous provisions scheme 1970 1980 and as per the provisions contained under sections 27 28 decide for assessing integrity and suitability information on criminal records financial position civil actions undertaken to pursue personal debts refusal of a e r i e g indian institute of management institution of chartered accountant of india indian law institute reputed universities 3 of the government of india guidelines dated 16 10 2006 and section 9 3a of the banking companies acquisition transfer

Bank of Maharashtra Officers' Association,2 Reserve Bank of India, And ...

Court : Mumbai

large number of officers in the present scenario of competitive banking and the government policies the petitioner claims to have long the scheme is ascribable to section 9 of the banking companies acquisition transfer of undertakings act 1970 the said section 9 in the instant petition it is mainly the banking companies acquisition and transfer of undertakings act 1970 for brevities sake referred contrary to the mandate of the banking companies acquisition and transfer of undertakings act 1970 act no 5 of 1970 hereinafter is ultra vires the banking companies acquisition and transfer of undertakings act 1970 and nationalised banks management and miscellaneous scheme 1970 ultra vires the banking companies acquisition and transfer of undertakings act 1970 and nationalised banks management and miscellaneous scheme 1970 and act and the nationalised banks management and miscellaneous provisions scheme 1980 hereinafter referred to as the scheme they further contend that a2 were added in the prayer clause by way of amending the petition since the tenure of the said deshpande is the number of officers to be personally interrogated would be 15 subject to a minimum of 100 it is contended that but also about an extremely uncertain prospect of the continuity security and welfare of a large number of officers in the election in our view therefore in the light of the amendment to section 9 in so far as challenge to the

Accountant and Secretarial Services Pvt. Ltd. and anr. Vs. Union of In ...

Court : Supreme Court of India

Reported in : AIR1988SC1708; JT1988(3)SC78; 1988(2)SCALE53; (1988)4SCC324; [1988]Supp1SCR493; 1988(2)LC471(SC)

the united commercial bank a statutory corporation constituted under the banking companies acquisition transfer of undertakings act 1970 the appellant company being a company as defined in section 3 of the companies act 1956 or a local authority established by or under commercial bank a statutory corporation constituted under the banking companies acquisition transfer of undertakings act 1970 the appellant company claims to its discussion the supreme court observed as follows under the transfer of property act the subject of leases of immovable property statutory corporation constituted under the banking companies acquisition transfer of undertakings act 1970 the appellant company claims to be the tenant eleven states which had passed the above resolutions subsequently the act was adopted by resolution passed by the legislatures of six not agricultural land for as observed in state v peter 1980 3scr290 land is at the base of all development it government of india act and enact a law adding to amending varying or repealing a law of the state when it that the appellant was not entitled to the protection of 1956 act since regulation of house accommodation including the control of of trading corporations banking insurance and including banking insurance and financial corporations but financial corporations but not not including co operative on behalf of various kinds of bodies such as universities institutes of technology board of trustees of major port trusts and seventh schedule to the government to india act only permitted laws to be made for requisitioning of property acquiring of property matter even though such subsequent legislation does not in terms amend vary or repeal any provision of the state legislation the