Judgment Search Results Home > Cases Phrase: braithwaite and company india limited acquisition and transfer of undertakings act 1976 chapter i preliminary Page 1 of about 315 results (0.109 seconds)

Syndicate Bank Vs. Small Farmers, Marginal Farmers, Scheduled Caste an ...

Court : Karnataka

Reported in : [1992]75CompCas405(Kar); ILR1990KAR2925; 1990(2)KarLJ475

..... companies (acquisition and transfer of undertakings) act, 1970 ; ' clause (f) of this act (2 of 1975 ..... latter act (act 2 of 1975) it is defined to mean : (i) a banking company as defined in the banking regulation act, 1949 ; m(ii) the state bank of india constituted under the state bank of india act, 1955 ; (iii) a subsidiary bank as defined in the state bank of india (subsidiary banks) act, 1959 ; (iv) a corresponding new bank constituted under the banking .....

Payment of Wages Inspector Vs. Surajmal Mehta and anr.

Court : Supreme Court of India

Reported in : AIR1969SC590; 1969(17)BLJR821; [1969(18)FLR284]; (1969)ILLJ762SC; 1969MhLJ848(SC); [1969]2SCR1051

..... jurisdiction of the authority, the authority raised certain preliminary issues, namely : (1) whether the said application was maintainable in view of the revocation of the company's licence, (2) whether the authority had jurisdiction to determine the liability of respondent 1 for retrenchment compensation before the amount thereof was ascertained under section 33c ..... compensation in both sections 25ff and 25fff have been provided for 'in accordance with the provisions of section 25f'. (see hatisingh mfg. co. ltd. v. union of india, : (1960)iillj1sc and anakapalla co-operative agricultural and industrial society ltd. v. workmen, : (1962)iillj621sc . that being the position a workman whose service is ..... he was entitled to a benefit, whether monetary or non-monetary, which was capable of being paid in terms of money. in the central bank of india ltd. v. rajagopalan, : (1963)iillj89sc this court held that, where the right of a workman was disputed by his employer the labour court could .....

Uco Bank and anr. Vs. Rajinder Lal Capoor

Court : Supreme Court of India

Reported in : 2007AIRSCW3656; AIR2007SC2129; 2007(6)SCC694; 2007-III-LLJ-352(SC); JT2007(8)SC581

..... rule of purposive construction should, subject of course to the applicability of the other principles of interpretation, be made applicable in a case of this nature. in new india assurance company ltd. v. nusli neville wadia and anr. : air2008sc876 , this court held:50-with a view to read the provisions of the act in a proper ..... appeal) regulations, 1976 (for short 'the 1976 regulations) have been framed by reason of section 19 of the banking companies (acquisition and transfer of undertakings) act, 1970 in consultation with the reserve bank of india and with the previous sanction of the central government. regulation 4 of the 1976 regulations provides for the penalties. regulation 6 ..... the court must lean in favour of an interpretation which has been applied by this court in the main judgment.in workmen of firestone tyre and rubber co. of india (p) ltd. v. management and ors. : (1973)illj278sc , this court held that section 11a of the industrial disputes act must be interpreted in the light .....

Oriental Bank of Commerce and Others Vs. S.M. Chopra

Court : Allahabad

Reported in : 2000(1)AWC594

..... by the corporation by which he is employed.' section 20 of the act further provided that 'every officer or other employee of an existing air company..... employedby that company prior to the first day of july, 1952, and still in its employment immediately before theappointed date shall become as from the appointed date an ..... transfer of undertakings) act, similar act of 1970 was passed. by the said act of 1970 14 existing banks were declared new banks and were taken over by the central government of india. the provisions of act no. 1970 were in part materia ..... central government of india. being statutory rules these rules have the force of law and govern the relationship of employer and the employee between the defendant-appellants and the plaintiff-respondent. regulation 20 specifically provides for termination of services.22. prior to coming into force of act no. 40 of 1980. banking companies (acquisition and .....

infopark Kerala Vs. Assistant Commissioner of Income-tax (Tds)

Court : Kerala

Reported in : [2010]187TAXMAN1(Ker)

..... , that is laws other than the land acquisition act. for instance he relied on the banking companies (acquisition and transfer of undertakings) act, 1980 and the burmah oil company (acquisition of shares of oil india limited and the undertakings in india of assam oil company limited and the burmah oil company (india trading) limited act, 1981. in the latter act, section 10 provides for payment of a ..... apparently in consideration of the transfer to and vesting in the central government of the shares of the oil company and also the right, title and interest of each specified company in terms of its undertaking in india. likewise, section 6 of the banking companies act also provide for payment of amount in respect of the transfer as was specified in such schedule.14 .....

Sadanand S. Varde and ors. Vs. State of Maharashtra and ors.

Court : Mumbai

Reported in : 2000(4)ALLMR510; 2001(1)BomCR261; [2001]247ITR609(Bom)

..... ratio as clearly brought out in the prayer clauses in the two company petitions. as required by section 394a of the companies act, 1956, the government of india in the ministry of law, justice and company affairs, was served with copies of the two company petitions with the prayers as set out hereinabove and the schemes also ..... and its property cannot be said to be the property of the union of india. hence, it is contended that by the act of amalgamation, there was no sale of any assets by the transferor-company (the sixth respondent) to the transferee-company (the ninth respondent) in the amalgamation. thus, it is urged that there ..... an interest in any of the properties or assets held by the company. the judgment of the supreme court in accountant and secretarial services pvt. ltd. v. union of india, : air1988sc1708 , was pressed into service to contend that a bank constituted under the banking companies (acquisition and transfer of undertakings) act, 1970, though materially controlled .....

D.S. Gowda Vs. Corporation Bank

Court : Karnataka

Reported in : [1985]57CompCas668(Kar)

..... have powers to reopen extortionate transactions and reduce the rate of interest to what they deem reasonable in the circumstances. (see 'the oxford companies to law' by david m. walker (1980), page 1268). we, therefore, hold that the circulars and directives issued by the reserve ..... equally available to the former. it is clear that the money-lenders have in consequence substantially interfered with business loan transactions by non-banking companies and have placed quite unnecessary impediments on a legitimate form of business.' 92. (see consumer credit report of the committee, vol. i, ..... company in particular. the directives issued thereunder may broadly be classified into three categories; (i) the directives prescribing the minimum lending rate; (ii) the directives prescribing a particular rate of interest to specified credit seekers. the short-term and long-term commercial and agricultural loans would fall into the first two categories land the advances to the food corporation of india .....

Tata Motors Limited and anr. Vs. the State of West Bengal and ors.

Court : Kolkata

..... reported in air 1945 calcutta 283; bengal immunity co. vs. state of bihar reported in air 1955 sc 661; tata power company ltd. vs. reliance energy ltd. reported in (2009) 16 scc 659; rameshwarlal harlalka vs. union of india reported in air 1970 calcutta 520; m/s fatechand himmatlal and ors. vs. state of maharashtra reported in (1977) 2 ..... to multiple entries i.e. more entries than one entry, for example:-in the case of rustom cooper vs. union of india reported in air (1970) 1 sc 248 where the supreme court held that the banking companies (acquisition and transfer of undertakings) act, 1969 relates to entry 45 list i and entry 42 of list iii.in ..... this regard, mr. pal relied upon some decisions of swadeshi cotton mills national textile corporation vs. union of india reported in (1981) 1 scc 664; keshav mills company ltd. vs. union of india reported in (1973) 1 scc 380; maneka gandhi vs. union of india reported in (1978) 1 scc 248; h.l. trehan hindustan petroleum corporation ltd. vs. union of .....

Chamundi Hotel (P) Ltd. and ors. Vs. State and ors.

Court : Karnataka

Reported in : ILR1997KAR1573

..... the same being a contractual obligation, is covered under article 299(i) of the constitution. relying upon the decisions rendered in union of india v. syndicate : [1976]3scr504 , mahaveer auto v. indian oil company : [1990]1scr818 & kasturi v. state of jammu & kashmir : [1980]3scr1338 , it is urged that the terms of ..... distribution such as distribution between ragions, distribution between industries distribution between classes and distribution between public, private and joint sectors. in 'sanjeev coke manufacturing company's case' (supra), the court held:'the distribution envisaged by article 39(b) necessarily takes within its stride the transformation of wealth from private- ..... contract executed between the maharaja of mysore and the union of india cannot be unilaterally altered by an act of the state legislature.34. in .....

C.V. Raman and ors. Vs. Bank of India and ors.

Court : Chennai

Reported in : [1985]57CompCas126(Mad); (1984)IILLJ34Mad

..... government policies while the autonomy of the institution in the day-to-day working will be fully maintained. amendments necessary to the reserve bank of india act, 1934, and to the banking companies act, 1949, consequent to the establishment of this institution have been provided for in the third and fourth schedules to the bill.' 101. this ..... of us. it was held there that the property belonging to a nationalised bank cannot be equated to the holdings of the government of india. 17. as to what is the meaning of a government company can be gathered from the ruling of the supreme court in western coal fields ltd. v. special area development authority, : [1982]2scr1 ..... bank has the fullest freedom and, as such, it is not under the government. (6) the company has its own, separate existence distinct from shareholders and, therefore, the fact that the entire share capital belongs to the government of india does not make a nationalised bank, a part of government; (7) if really it was the intention .....