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Caltex Acquisition Of Shares Of Caltex Oil Refining India Limited And Of The Undertakings In India Of Caltex India Limited Act 1977 Chapter V - Judgment Search Results

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Sep 20 2005 (SC)

Hindustan Petroleum Corporation Ltd. Vs. Darius Shapur Chenai and ors.

Court: Supreme Court of India

Reported in: AIR2005SC3520; 2005(6)ALD53(SC); 2005(5)CTC789; JT2005(8)SC470; 2006(1)KLT230(SC); RLW2005(4)SC2407; 2005(7)SCALE386; (2005)7SCC627

of continuing to vest in the Central Government, vest in Caltex Oil Refining (India) Ltd., a Govt. company with effect from affirmed by one Shri B. Venkataiah, Special Deputy Collector, Land Acquisition (General) both for himself as also the State in the on 31.7.1979 On or about 30.12.1976, the Caltex (Acquisition of Shares of Caltex Oil Refining (India) Limited and of the Undertakings or about 30.12.1976, the Caltex (Acquisition of Shares of Caltex Oil Refining (India) Limited and of the Undertakings in India of about 30.12.1976, the Caltex (Acquisition of Shares of Caltex Oil Refining (India) Limited and of the Undertakings in India of Caltex Caltex Oil Refining (India) Limited and of the Undertakings in India of Caltex (India) Limited) Ordinance, 1976 (which was repealed and between the father of the First Respondent and Caltex (India) Limited for a period of ten years from 15.12.1965. On or Shares of Caltex Oil Refining (India) Limited and of the Undertakings in India of Caltex (India) Limited) Act 1977) was promulgated and within the limitations prescribed under Section 17(4) of the Act. The object and importance of Section 5-A inquiry was noticed of the Undertakings in India of Caltex (India) Limited) Act 1977) was promulgated whereby and whereunder right, title and interest of colours and shades, many forms and shapes and, save where valid law excludes it, applies when people are affected by acts

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Mar 27 1981 (HC)

Mustafa HussaIn Vs. Union of India (Uoi) and anr.

Court: Andhra Pradesh

Reported in: AIR1981AP283

subserve the common good, the Government entered into negotiations with Caltex for acquiring hundred per cent of the shares of Caltex the Burmah Shell Acquisition Act with that of the Caltex Acquisition Act, contended that the words 'also distributed' occurring in the negotiations with Caltex for acquiring hundred per cent of the shares of Caltex Oil Refining (India) Limited free of encumbrances and for acquiring hundred per cent of the shares of Caltex Oil Refining (India) Limited free of encumbrances and the undertakings in acquiring hundred per cent of the shares of Caltex Oil Refining (India) Limited free of encumbrances and the undertakings in India achieved.19. Sri Subbarayan however relied on two decisions via., All India Bank Employee' Association v. The National Industrial Tribunal (Bunk Disputes), petroleum product produced by the said Caltex Oil Refinery (India) Limited and marketed and distributed by the undertakings of the said place for the acquisition by the Central Government of the undertakings of Caltex (India) in India or, as the case may is that there is always a presumption that the Governmental action is reasonable and in public interest and it is for the petitioner through his counsel some time in the year 1977 shows that there was no lease deed as such, but enactment is challenged with reference *n the entries in the various lists, it is necessary to examine the pith and substance

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Aug 11 1993 (HC)

Smt. Dolly Das Vs. Hindustan Petroleum Corporation Ltd. and anr.

Court: Orissa

Reported in: AIR1994Ori103

of the rights, assets and liabilities of the Esso, the Caltex (India) Limited and the Burmah-Shell and that object having been business of sale of petroleum of the Company under the Acquisition Act, provisions had been made to give a breathing space Caltex (India) Limited was the lessee, the Caltex (Acquisition of Shares of Caltex Oil Refining (India) Limited and of the Undertakings is to acquire the right, title and interest of the Oil Company in question carrying on the business of distributing and that on the appointed day, the Undertaking of Caltex Oil Refining (India) Limited (for short, CORIL) will stand transferred to, and enacted three Acquisition Acts, namely ESSO (Acquisition of Undertakings in India) Act, 14 of 1974, Burmah Shell (Acquisition of Undertakings in the lease deed for that purpose and said Caltex (India) Limited appointed an agent to run the petrol pump. The tenure interest and liabilities of Caltex (India) in relation to its undertakings in India shall vest in Caltex Oil Refining (India) Limited Act, the validity of Sections 5 and 7 of the Act was challenged in two or three High Courts, but each of the Undertakings in India of Caltex (India) Limited) Act, 1977, all contracts, deeds, bonds, agreements and other instruments of whatever is used in the sense of retaining possession. But in view of the interpretation given by several High Courts with regard

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Mar 13 1984 (HC)

Trade Centre Developers and Builders Pvt. Ltd. and anr. Vs. Union of I ...

Court: Mumbai

Reported in: AIR1985Bom4

subserve the common good the Government entered into negotiations with Caltex for acquiring hundred per cent of the shares of Caltex leases are continued for reasonable time, the very object of acquisition of these undertakings will get defeated. If one the appointed negotiations with Caltex for acquiring hundred per cent of the shares of Caltex Oil Refining (India) Limited free of encumbrances and for acquiring hundred per cent of the shares of Caltex Oil Refining (India) Limited free of encumbrances and the undertakings in acquiring hundred per cent of the shares of Caltex Oil Refining (India) Limited free of encumbrances and the undertakings in India the said land. Under the Esso (Acquisition of Undertakings in India) Act, 1974 (hereinafter referred to as the said Act), the Esso Standard Refining Company of India Ltd. and Lube India Limited, and has, for that purpose, established places of business at Caltex Oil Refining (India) Limited free of encumbrances and the undertakings in India of Caltex (India) Limited. An Ordinance was promulgated clause has no retrospective effect and therefore present enactment or action taken thereunder cannot be challenged by taking recourse to Article Inc. in relation to its undertakings in India with a view to ensuring co-ordinated distribution and utilisation of petroleum products distributed

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Sep 16 2003 (SC)

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]

in India) Act, 1976 and Caltex (Acquisition of Shares of Caltex Oil Refining India Limited and all the Undertakings in India of Section 617 of the Companies Act 'unrelated to the acquisition can alter the position in law is only perceived but Environment and Energy to dispose or otherwise deal with the shares of the Hydro One Inc. and on that basis, disposed India) Act, 1976 and Caltex (Acquisition of Shares of Caltex Oil Refining India Limited and all the Undertakings in India for is now widespread private sector participation in Exploration and Production, Refining and Pipelines; that, petroleum sector and consumers are expected to marketing petroleum products manufactured by Esso Standard Refining Company of India Limited and Lube India Limited, and has, for that purpose, petroleum products manufactured by Esso Standard Refining Company of India Limited and Lube India Limited, and has, for that purpose, established good' will best be subserved by the privatisation of these undertakings; that this perception is a matter of economic policy not no express or implied prohibition in Section 7 of the Act on the transfer by the Central Government of its shares all the Undertakings in India for Caltex India Limited) Act, 1977. 2. The petitioners contended that in the Preamble to these Government or State Government makes a company a Government company. Chapter II of the Act provides for acquisition of the undertakings Esso in relation to any undertaking in India can be vested in a Government company and Sub-section (2) thereof enables such

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Jun 20 2007 (SC)

Depot Superintendent H.P. Corpn. Ltd. and anr. Vs. Kolhapur Agri. Mark ...

Court: Supreme Court of India

Reported in: 2007(5)ALLMR(SC)495; JT2007(9)SC577; 2007(8)SCALE598; (2007)6SCC159

virtue of the Acquisition Act, and the provisions made thereunder, Caltex India Ltd. was converted into Hindustan Petroleum Corporation Ltd.(ii) As Caltex (I) Ltd. Act, 1977 (hereinafter referred to as 'the Acquisition Act').According to the appellant, the respondent by its conduct agreed 7 read with Section 9 of the Caltex (Acquisition of shares of Caltex) Oil Refining (I) Ltd. and of undertaking in Section 9 of the Caltex (Acquisition of shares of Caltex) Oil Refining (I) Ltd. and of undertaking in India of Caltex 9 of the Caltex (Acquisition of shares of Caltex) Oil Refining (I) Ltd. and of undertaking in India of Caltex (I) of Caltex) Oil Refining (I) Ltd. and of undertaking in India of Caltex (I) Ltd. Act, 1977 (hereinafter referred to as of shares of Caltex) Oil Refining (I) Ltd. and of undertaking in India of Caltex (I) Ltd. Act, 1977 (hereinafter referred are not entitled to the protection of Maharashtra Rent Control Act, 1999. Accordingly, the High Court held that there was no and of undertaking in India of Caltex (I) Ltd. Act, 1977 (hereinafter referred to as 'the Acquisition Act').According to the appellant, short the 'CPC') seeking inter alia the following amendment:(i) By virtue of the Acquisition Act, and the provisions made thereunder, Caltex

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Apr 13 1999 (SC)

Hindustan Petroleum Corporation Ltd. and anr. Vs. Dolly Das

Court: Supreme Court of India

Reported in: JT1999(3)SC61; 1999(2)SCALE584; (1999)4SCC450

in the lease deed. The Caltex (Acquisition of Shares of Caltex Oil Refining (India) Ltd. and of the Undertakings in India as provided in the lease deed. The Caltex (Acquisition of Shares of Caltex Oil Refining (India) Ltd. and of the Undertakings the lease deed. The Caltex (Acquisition of Shares of Caltex Oil Refining (India) Ltd. and of the Undertakings in India of lease deed. The Caltex (Acquisition of Shares of Caltex Oil Refining (India) Ltd. and of the Undertakings in India of Caltex Caltex Oil Refining (India) Ltd. and of the Undertakings in India of Caltex (India) Ltd.) Act, 1977 [hereinafter referred to as the following directions:-(i) The impugned letter of Hindustan Petroleum Corporation Limited is quashed as the Corporation does not have the power Shares of Caltex Oil Refining (India) Ltd. and of the Undertakings in India of Caltex (India) Ltd.) Act, 1977 [hereinafter referred which needs to be fulfilled when option for renewal is acted upon. He further submitted that the view taken by the of the Undertakings in India of Caltex (India) Ltd.) Act, 1977 [hereinafter referred to as 'the Act'] was enacted by Parliament period in 1989; (ii) The said HPCL should deliver the vacant possession of the premises in question to the petitioner; (iii)

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Jan 18 2008 (HC)

Motilal Rakhit Vs. Hindustan Petroleum Corpn. Ltd. and ors.

Court: Orissa

Reported in: AIR2008Ori74

the plaintiff owners did not agree as a result lessee Caltex India Ltd. filed Title Suit No. 19 of 1974 in management of Caltex India Ltd. as per Caltex (Acquisition of Shares of Caltex Oil Refinery (India) Ltd.) Act ('Act', for short). India Ltd. as per Caltex (Acquisition of Shares of Caltex Oil Refinery (India) Ltd.) Act ('Act', for short). After taking over Ltd. as per Caltex (Acquisition of Shares of Caltex Oil Refinery (India) Ltd.) Act ('Act', for short). After taking over the for short). After taking over the management, the Government of India handed over the management to the defendant company, namely M/s. Act must be considered. The Central Government acquired running business undertaking dealing in distribution and marketing of Petroleum products, whereafter, the in view of Section 5(2) and Section 7(3) of the Act the defendant company has statutory right of renewal and since presumed. It is worthwhile to note that Act 17 of 1977 came into force in the year 1976-77 and by virtue the claim of the plaintiffs pleaded inter alia that by virtue of a statutory right vested in them under the Act,

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Jan 29 2007 (HC)

Hindustan Petroleum Corporation Limited Vs. M. Rose,

Court: Chennai

Reported in: (2007)6MLJ468

2002. The disputed property had been let out to M/s. Caltex India Ltd., on 15.2.1972 for a period of 20 years. plaintiffs. As per the provisions contained in Caltex (Acquisition of Shares of Caltex Oil Refining (India) Limited and of the undertakings the provisions contained in Caltex (Acquisition of Shares of Caltex Oil Refining (India) Limited and of the undertakings in India of provisions contained in Caltex (Acquisition of Shares of Caltex Oil Refining (India) Limited and of the undertakings in India of Caltex Caltex Oil Refining (India) Limited and of the undertakings in India of Caltex (India) Limited Act, 1977 (Act 17 of 1977) India Limited was nationalised and M/s. The Hindustan Petroleum corporation Limited (Defendant No. 1) came into being and all the assets Shares of Caltex Oil Refining (India) Limited and of the undertakings in India of Caltex (India) Limited Act, 1977 (Act 17 Act, 1921, now renamed as The Chennai City Tenant's Protection Act, 1921, the first defendant was given option to purchase the India of Caltex (India) Limited Act, 1977 (Act 17 of 1977) M/s. Caltex India Limited was nationalised and M/s. The Hindustan disputed property as per the value determied by any approved valuer. Subsequently, a further notice dated 18.3.2000 was issued whereunder the

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Oct 07 1980 (HC)

Manoharsingh and anr. Vs. Caltex Oil Refining (India) Ltd., Bombay and ...

Court: Madhya Pradesh

Reported in: AIR1981MP123; 1981MPLJ202

lease by the lessors a suit was instituted by the Caltex (India) for specific performance as a result of which the said Caltex (India) Limited should be acquired; And whereas such acquisition is for giving effect to the policy of the State which was the object behind the Act in acquiring the shares of the Caltex Oil Refining and the undertakings of the the Act dealing with acquisition of the shares of Caltex Oil Refining and acquisition of the undertakings of the Caltex (India) the undertakings of the Caltex (India) in the Caltex Oil Refining was issued under Section 9 (3) of the Ordinance on its subsidiaries, namely, the Caltex Oil Refining (India) Limited (an Indian Company), hereinafter referred to as the Caltex Oil Refining, was Limited and of the Undertakings in India of Caltex (India) Limited) Ordinance, 1976. The Ordinance was replaced by an Act (Act of the said Caltex Oil Refining (India) Limited and the undertakings in India of the said Caltex (India) Limited should be and omitting the amendment introduced by the Constitution (42nd Amendment) Act, 1976 which was held invalid in Minerva Mills Ltd. v. Ordinance was replaced by an Act (Act No. 17 of 1977) bearing the same name. The Act was enacted on 23rd the Caltex (India) in relation to its undertakings in India vested in the Central Government. Section 7 made it clear that

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