Judgment Search Results Home > Cases Phrase: braithwaite and company india limited acquisition and transfer of undertakings act 1976 chapter i preliminary Court: kolkata Page 1 of about 10 results (0.039 seconds)

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 .....

Ashok Kumar Todi Vs. Kishwar Jahan and ors.

Court : Kolkata

Reported in : AIR2011SC1254

..... sitaram sugar company limited and anr. v. union of india and ors. reported in : (1990) 3 scc 223; 10. king emperor v. khwaja nazir ahmad reported in 1945 pc ..... officers of kolkata police amongst whom it was distributed under orders from superior officers of kolkata police. (c) the aforesaid fact of distribution of t-shirts by the company of respondent no. 12 to the officers of kolkata police for free was also reported in the 2nd october, 2007 edition of the english daily 'the hindustan times'. ..... lords 1905 ac 426; 6. barium chemicals ltd. and anr. v. company law board and ors. reported in : air 1967 sc 295; 7. kamala vahooji v. collector, bombay (lord macmillan) reported in air 1937 privy council 265; 8. supreme court employees welfare association v. union of india and anr. reported in : (1989) 4 scc 187; 9. shri .....

Joydeep Mukherjee and ors. Etc. Etc. Vs. State of West Bengal and ors. ...

Court : Kolkata

Reported in : 2008(2)CHN546

..... inadvertent and could not justify the finding that the land was not acquired for a public purpose but for a company.263. in the decision reported in : [1976]1scr341 , pt. lilaram ram v. union of india, the hon'ble supreme court held as follows:.it is significant that the land covered by the notification is ..... and he also relied upon the decisions reported in : air1996sc3538 [common cause a registered society v. union of india and ors.]; : [1980]3scr1338 [kasturi lal lakshmi reddy v. state of j & k] and : air1985sc1147 [ram and shyam company v. state of haryana and ors.].83. mr. tapas kumar mukherjee, learned advocate appearing for apdr in ..... their acts of omission and commission to be reasonable. in biman krishna bose v. united india insurance co. ltd., the question was whether an insurance company could arbitrarily and unreasonably refuse the renewal of a policy. considering that the insurance company, as a result of state monopoly in the insurance sector had become 'state' under article .....

State of West Bengal and ors. Vs. Sanjeevani Projects (P) Ltd. and ors ...

Court : Kolkata

Reported in : 2006(1)CHN241

..... and in conformity with the provisions thereof a.k. gopalan v. state of madras, 1950 scr 88. there is no doctrine of state necessity in india, union of india and ors. v. mis. anglo-afghan agencies, air 1968 sc 718. this right is not available against an individual. the constitution is silent on this ..... methods. but they can be used for interpreting ambiguous statutes. reference may be made to mumbai kamgar sabha v. abdulbhai, : (1976)iillj186sc and head masters v. union of india, : air1983cal448 . in rural litigation and entitlement kendra v. state of uttar pradesh, : [1987]1scr641 and sachidanand v. state of west bengal, : [1987]2scr223 , the ..... and the mode of user and character thereof. silence of the constitution: enforceability of fundamental rights against/between private individuals/citizens:13. the constitution of india in part iii guaranteed certain fundamental rights, which include right to life. the meaning and extent of right to life has now been crystallized through various .....

Hindusthan National Glass and Industries Limited and anr. Vs. Reserve ...

Court : Kolkata

..... and deal with it ourselves.47. the reserve bank also cites in such context a judgment reported at (2007) 14 scc 680 (empire jute company limited v. jute corporation of india ltd.) where the bisra stone lime case was noticed and the supreme court exhorted that the existence of an arbitration should deter the writ court ..... jurisdiction. paragraphs 61, 65 and 68 of the report have been relied on: 61. application of various laws including the companies act 1956; the banking regulations act 1949 and reserve bank of india act 1954 and other statutes may be applicable are only regulatory provisions to regulate the functioning of the bank to secure and ..... of the opinion that the isda master agreement and the transaction are valid and binding upon the bank and the company. 10. the committee thereafter proceeded to consider the company's contention that the provisions of the rbi master circular were applicable only to a 'borrowal' account and where there exists a lender - borrower relationship between .....

Regional Provident Fund Commissioner Vs. Rabindra Chandra Chamaria and ...

Court : Kolkata

Reported in : (1990)1CALLT373(HC)

..... 13,95,891.65 during the period from february 1977 to september 1977 and on such default the said company moved this honourable high court on october 11, 1977 under article 226 of the constitution of india under c.r. no. 5523 (w) of 1977 and obtained an interim order of injunction restraining the applicant ..... authority is the regional provident fund commissioner. in support of this contention reliance is placed on harashchandra maganlal and ors. v. union of india and ors., : air1990bom34 , sanatan ganguly v. the state and ors., 56 company cases 93, public prosecutor government of pondicherry v. abdul aziz khan and anr., : air1970mad311 , g. d. bhargava v. registrar ..... w) of 1980 by moving a fresh application under article 226 of the constitution of india before this honourable court and obtained an order of injunction restraining the applicant from taking any steps against the said company and the said company was also allowed to pay the arrears of provident fund dues by way of instalments .....

Pramod Kumar Mittal Vs. Andhra Steel Corporation Ltd. and ors.

Court : Kolkata

Reported in : [1985]58CompCas772(Cal)

..... to provide for in the interest of the corporate body and the general public. reference in this connection may be madeto the case of bennet coleman and company v. union of india . by reason of what has been stated hereinabove, it appears to us that the court had power to make the order in regard to convening and ..... management from filing the terms of settlement in the said suit until disposal of the application.21. the application made by the bank of india for putting in terms of settlement as well as the company petition came up for hearing before salil k. roy chowdhury j, after hearing the matters for several days, judgment was reserved and on ..... obtained for entering into the terms of settlement pursuant to which the decree was passed in favour of the union bank of india, it is necessary to consider the contention whether either under section 293 of the companies act, which we have set out hereinbefore, sanction was required or whether any leave to compromise was necessary in view of .....

Paschimbanga Bhumijibi Krishak Samiti and ors. Vs. State of West Benga ...

Court : Kolkata

Reported in : (1996)2CALLT183(HC),100CWN900

..... nationalisation is only in implementation of the policy declared in clause (b) of article 39.in the recent decision, of this court in tinsukhia electric supply company, the tinsukhia electric supply undertaking (acquisition) act, 1973 was challenged as unconstitutional. the contention that the act was entitle to the protection under article ..... be unconstitutional.186. in this context, however, we must notice the decision of the supreme court in maharo saheb shil bhim singhji v. union of india reported in : air1981sc234 wherein the apex court was considering the constitutionality of urban ceiling act was also within the protective umbrella of article 31a, 31b and ..... acquire any property without compensation. the parliament and the legislature must be held to be aware of the law laid down by the supreme court of india. as indicated hereinbefore, the apex court had all along maintained even after the constitutional amendments, that although adequacy of compensation cannot be a justiciable, such .....

Peoples' Union for Liberties and others Vs. Union of India and others

Court : Kolkata

Reported in : AIR1996Cal89,100CWN357

..... , it was held that where the effect of a notification issued in assam reduced the profits of tea gardens belonging to a company in calcutta and thus affected the company financially at calcutta, it could not be said that the cause of action had arisen in calcutta and it did not give the ..... political parties. almost all national parties including the indian national congress(i), janta dal and national front constituents, bharatiya janta party, communist party of india, communist party of india (marxist) and other parties included the demand in their election manifestoes. the said -political parties have been impleaded for proper adjudication. 6- it ..... created by law', 3. after the election, janta dal came to power and formed ministry. during the janta regime the prasar bharati (broadcasting corporation of india) bill was drafted after considering all reports prepared by committees, working groups and organisations appointed by the government from time to time after independence. the bill .....

Amitava Bhattacharya and anr. Vs. Union of India (Uoi) and ors.

Court : Kolkata

..... and interest in arising out of such property, as were immediately before the specified day in the ownership, possession power, or control of such merged company, whether within or without india, and all books of accounts, registers, records and all other documents of whatever nature relating thereto : and shall be deemed to include all borrowings, ..... the purpose of article 12 or statutory corporation amenable to the writ jurisdiction under article 226 of the constitution of india. national insurance company ltd. was also one of the acquiring companies like the respondent-company in the present case. the punjab and haryana high court held that it was not a state or a statutory ..... schedule;(c) 'schedule' means schedule appended to this scheme.(d) 'specified day' means the 1st day of january, 1974.(e) 'transferee company' means the new india assurance company limited;(2) words and expressions used in this scheme and not defined herein or in the act but defined in the insurance act shall have .....