Judgment Search Results Home > Cases Phrase: co operative textile mills acquisition and transfer act 1986 chapter i preliminary Page 1 of about 86 results (0.100 seconds)

G. Mahadevappa and Sons, Hubli and anr. Vs. the Dharwad District Co-op ...

Court : Karnataka

Reported in : ILR2002KAR2009; 2002(3)KarLJ129

..... annexure-d is the karnataka co-operative textile mills (acquisition and transfer) act, 1986 ('the actof 1986 in short) gazetted by government of karnataka, under notification no. ..... chapter n containing sections 3 to 10provides for 'acquisition and transfer of the karnataka co-operative textile mill limited, dharwad'. ..... b.dds.dam.28/1978-79, rejecting the contentions of petitioners, who were defendants therein, that the dispute under section 70 of the karnataka co-operative societies act, 1959 (the act of 1959' in short) before him was not maintainable and that he had no jurisdiction to adjudicate the same, and thus disposing of the preliminary issue raised on the point of his jurisdiction. ..... --for the transfer to and vesting in, the government, of the mills under section 4 and the right, title and interest in relation to the mills the government shall pay an amount of rupees 446.59 lakhs by depositing the same with the commissioner and the said amount shall be paid to the lessor, lessee or such other persons entitled thereto in the manner specified in chapter v'.as indicated, section 10(1) created liability against government to pay interest on the said amount at the specified rate per annum for ..... chapter i contains sections 1 and 2, which deal with preliminaries such as the title and commencement of the act and the definitions of the terms used in the body of the act. .....

Somasundaram Corporation (Pvt.) Ltd,. Owners of Somasundaram Super Spi ...

Court : Chennai

Reported in : 1999(2)CTC364; (2000)ILLJ340Mad

..... later the mill was acquired by the government of tamil nadu under somasundaram super spinning mill (acquisition and transfer) act, 1986 and the management was vested with tamil nadu textile corporation with effect from 14.8.1986. ..... in the light of what is stated above, i pass the following order:(i) the impugned legislation, namely, somasundaram super spinning mills (acquisition and transfer) act of 1986 (tamil nadu act 81 of 1986) is intra-vires of the constitution of india and validly enacted by the state legislature; accordingly writ petition no. ..... as a result of the acquisition of the undertaking it is but obvious that its management would hence forth vest with the state government and it is for this reason that provisions with regard thereto are contained in chapter iv of the said adhiniyam.8. ..... it is needless to mention that if such action is being taken, undoubtedly the workers have to co-operate with the state government in order to achieve the object in enacting the legislation. ..... 138-45 lakhs to tamil nadu industrial investment corporation limited, madras, upto 31.3.1977 and the south indian bank limited obtained preliminary decree from sub court, sivaganga, for a sum of rs. ..... no doubt, as per the said the said notification, chapter vb and section 33c of the industrial disputes act are not applicable to the said undertaking, likewise, all contracts, agreements, etc. ..... there was a similar provision like the one contained in chapter iv of the adhiniyam which existed in the u.p. .....

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

Court : Karnataka

Reported in : ILR1997KAR1573

..... the court, while dealing with the constitutionality of madras race club (acquisition and transfer of undertakings) act, 1986, held that the horse racing was a sport which was primarily dependent on the special ability acquired by training, which could not be termed as either gaming or gambling as defined under the madras gaming act, 1930 and madras city police act, 1888. ..... purpose of identifying 'laws' his concept seeks to accomplish more than is necessary; for the purpose of portraying law in a continuum it does not go far enough'?bentham in his theory of legislation, chapter xii at page 60 said thus:'morality in general is the art of directing the actions of men in such a way as to produce the greatest possible sum of good. ..... it may, however, at any time, in exercise of the preliminary powers under article 245 and 246 of the constitution, render a judicial decision ineffective by enacting a valid law on a topic within its legislative field fundamentally altering or changing with retrospective, curative or neutralising effect the conditions on which ..... the operative part of the order in minerva mills' case1 was pronounced, wherein it was held:'section 4 of the constitution (forty-second amendment) act, . ..... cannot be said that the present act is on the same subject which is covered by the nationalisation of sick industries (textile undertaking nationalisation) act of 1974 and even if its effect is the same, no legal ground has been shown for quashing the act on his plea.reg. w.p. no .....

Survodaya Mills Workers Union Vs. State of Karnataka and Others

Court : Karnataka

Reported in : AIR1994Kant256; ILR1994KAR687

..... of the karnataka state financial corporation established under the state financial corporation act, 1951 or any other corporation owned or controlled by the central government or the state government or the state bank of india, constituted under the state bank of india act, 1955, a subsidiary bank asdefined in the state bank of india (subsidiary banks) act, 1959, or a corresponding new bank constituted under the banking companies (acquisition and transfer of undertakings) act, 1970 or a banking company as defined in the banking regulation ..... section 21 contemplates exemption of excess vacant land from the operation of chapter iii, for a purpose other than for the use of the holder of the land. ..... the petition was listed in the preliminary hearing group 'b'. ..... , : [1986]2scr409 , dealing with the locus of citizens and tax payers to question the action of the state relating to awarding contracts for bottling arrack to the appellants therein, the supreme court has held at page 831:--'*** according to shri venugopal while the institution of public interest litigation is a good thing in itself, those professing to be public spirited citizens cannot be encouraged to indulge in wild and reckless allegations besmirching the character of others and so the court must refuse to act ..... ' in national textile workers' union v. p.r. .....

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

Court : Kolkata

..... as to whether any principles is required to be laid down in a statute for determining the amount payable for deprivation of property or taking possession after the insertion of article 300a and deletion of article 31(1) & (2) of the constitution did not arise for the simple reason that the concerned statute, namely the roerich and devika roerich estate (acquisition and transfer) act 1996 provided for the principles to be applied in determining the amount by section 7 and section 8 of the act. ..... contended that the singur act singles out for treatment the vendors, tata motors limited by a prejudicial procedure which negates the general law of acquisition and it is done discriminatory, in its effect as well as in its operation and it exposes the vendors and tata motors limited to the arbitrary and whimsical decisions of the state and therefore ought to be ..... upon some decisions of swadeshi cotton mills national textile corporation vs. ..... that after the constitution forty-fourth amendment act has come into force, the right to property in articles 19(1)(f) and 31 had its obliteration from chapter iii, fundamental rights. ..... (1986) 4 scc 368, it has been held that as the acquisition was made directly by legislative determination, the question of giving hearing before enactment does not arise and that question of inadequacy of compensation could not arise as the act fell within the provision of article 31(c) of the constitution before it was amended by the constitution (42nd amendment) act, .....

Sooraram Pratap Reddy and ors. Vs. District Collector, Ranga Reddy Dis ...

Court : Supreme Court of India

Reported in : 2008(6)ALD19(SC); 2008(4)AWC3875(SC); JT2008(9)SC622; RLW2008(4)SC2794; 2008(12)SCALE367; (2008)9SCC552; 2008(6)Supreme402

..... of the act it was stated that the land was needed for a public purpose, namely, for a play- ground for students of amar nath vidya ashram (public school), mathura, it cannot be said that the acquisition is for a public purpose and not under chapter (part) vii for the appellant- society in view of subsequent events and the declaration ..... and upholding the action, this court observed that the project was an integrated infrastructure development and not merely a highway project.as an integrated project, it required acquisition and transfer ..... may or may not be for a public purpose, the provisions of part vii make it clear that the appropriate government cannot permit the bringing into operation the effective machinery of the act unless it is satisfied as aforesaid, namely, that the purpose of acquisition is to enable the company to erect dwelling houses for workmen employed by it or for the provision of amenities directly connected with the company or ..... power and in total violation of the land acqusition act, 1894 as well as several other statutes in force in the state of andhra pradesh; such as, andhra pradesh urban area development act, 1975; zoning regulations; environment (protection) act, 1986; water (prevention and control of pollution) act, 1974 ..... on the appropriate government to issue preliminary notification for acquisition of land needed or likely to ..... of the government of india for the construction of textile machinery parts factory by lakshmi ratan engineering works limited, .....

State of Gujarat Vs. Central Bank of India and ors.

Court : Gujarat

Reported in : AIR1987Guj113; (1987)1GLR437

..... india (hereinafter referred to as 'the bank') stood nationalised as per the provisions of the banking companies (acquisition and transfer of undertakings) act, 1970 (hereinafter referred to as 'the banking companies act'). ..... there also a nationalised bank had obtained a decree for the dues of a sick textile mill himabhai mill) and the state government had stood as guarantor and the decree against the state government had stood as guarantor and the decree against the state of gujarat has been passed and in the appeal (f. a. no. ..... government simultaneously, then what was reaction of the court despite the fact that the court had clearly expressed its views that unless the bank takes sincere, genuine and effective steps for recovery of the amount from private judgment-debtors, it would not permit the bank to execute the decree against public authorities? ..... of 1983 on april 18, 1983, which came up for preliminary hearing on march 15, 1984, on the same day it ..... mere filing of an appeal would not operate as stay of execution of decree, but the appellate court may, for 'sufficient cause' order stay of execution of decree (see order 41, rule 5 (1) of the code of civil procedure 1908) the other relevant part of the ..... filed by the state as been disposed of as per our order dated march 21, 1986, which reds as follows 'in view of the order passed to day on civil ..... employees of the bank have the protection of chapter iii of the constitution with regard to the terms and condition of their employment. .....

O.N.G.C. Ltd. Vs. O.L. of Ambica Mills Co. Ltd. and 11 ors.

Court : Gujarat

Reported in : [2006]132CompCas606(Guj); [2006]71SCL274(Guj)

..... used in this section as meaning the principles which regulate the affairs of insolvency proceedings.8.18 section 109 of indian companies act, 1913 (corresponding to section 125 of the companies act, 1956) applies to a mortgage or charge created by the company by contract and not to a charge arising by operation of law.what is position of the secured creditor:8.19 the learned counsel has also relied on the judgment of the ..... be read subject to the provisions of section 529 and 529a of the companies act in view of the judgment in the case of textile labour association (supra).11.36 admittedly, no charge is created on the properties of ambica mills for securing the dues of ongc ..... invited our attention to certain provisions of transfer of property act and the companies act particularly section 125 of the companies act which provides scharge to include mortgage in ..... lien-holder described under section 171 of the contract act.11.17 laws of lien [section 49 of the sale of goods act provides termination of lien] chapter 5 of the sale of goods act section 45 defines sunpaid seller ..... preferable to the liquidator (1986 rule 4.66(6)(a)), but if such creditors wish to submit a claim for any unsecured balance, their securities must be valued and deducted from any claim in the liquidation, and the creditor cannot claim ..... on the properties of a company has to be distinguished from a preliminary decree passed in a mortgage suit based on an unregistered charge which is hit by section 125 of the act. .....

D.P. Kelkar Vs. Ambadas Keshav Bajaj and ors.

Court : Mumbai

Reported in : AIR1971Bom124; (1971)73BOMLR260; [1971(22)FLR268]; ILR1971Bom910; 1971LabIC429; 1971MhLJ69

..... limit the applicability of section 32, clause (iv) by saying that the provisions of chapter iii-a, particularly sections 18-a, 18-b and 18-e to which we have referred, were all provisions which confer powers which were merely supplementary to the normal powers under the companies act such as for instance, the power of the central government under sections 408 and 409 of the companies act and that therefore the company qua company continues to have the normal powers of ..... notwithstanding anything contained in any other laws- therefore even assuming that the payment of wages act had provided for jurisdiction in a matter like this, we have held that it has not--still section 34 would exclude the operation of the payment of wages act, but we have already said that there is nothing in the payment of wages act to indicate that the operation of any other law is excluded so far as the jurisdiction of the payment of wages ..... it may be mentioned here that so far as the indu mills is concerned they had in their written statement only raised preliminary objections and claimed to reserve their right to file a supplementary written statement on merits but notwithstanding that reservation the payment of wages authority has passed a final order ordering them to deposit the amount ..... construction it was urged that the whole of the textile industry is not being carried on by or under the authority of any department of the central government and unless that happens clause (iv) of section 32 would .....

S.B.P. and Co. Vs. Patel Engineering Ltd. and anr.

Court : Supreme Court of India

Reported in : AIR2006SC450; 2006(1)ALD10(SC); 2005(3)ARBLR285(SC); 2006(1)AWC538(SC); 2006(1)BomCR585; [2005]128CompCas465(SC); (2006)2CompLJ7(SC); 2005(5)CTC302; (2006)3GLR2097; [2006(1

..... it must be remembered that in making a reference under section 10(1) the government is doing an administrative act and the fact that it has to form an opinion as to the factual existence of an industrial dispute as a preliminary step to the discharge of its function does not make it any the less administrative in character. ..... ajit kumar barat, : (2000)illj809sc ]several similar actions having far reaching consequences have been held administrative, for instance, an order of acquisition or requisition of property; an order making an appointment to a civil post, an order granting sanction to prosecute a public servant; etc.it cannot be gainsaid that there must be an 'arbitration agreement' between the ..... union of india : [1973]3scr22, a textile mill was closed down ..... (xi) where district judges had been designated by the chief justice of the high court under section 11(6) of the act, the appointment orders thus far made by them will be treated as valid; but applications if any pending before them as on this date will stand transferred, to be dealt with by the chief justice of the concerned high court or a judge of that court designated by the chief ..... in other words, this judgment will have prospective operation and it will not affect past appointments or concluded ..... 9 enables the court to make interim orders.chapter iii provides for composition of arbitral tribunal. ..... had also been recognized by english law before the 1986 act, but section 30 of the act put this on a statutory basis. .....