Judgment Search Results Home > Cases Phrase: co operative textile mills acquisition and transfer act 1986 section 33 repeal and savings Page 1 of about 139 results (0.135 seconds)

G. Mahadevappa and Sons and Others Vs. State of Karnataka and Others

Court : Karnataka

Reported in : AIR1997Kant294; ILR1996KAR2934; 1996(7)KarLJ402

..... fund commissioner or his subordinates from demanding or enforcing recovery through the revenue department of the amount claimed under annexure-g; (4) for a further direction to the 2nd respondent to adjudicate the claim and disburse the amounts as per the provisions of the karnataka co-operative textile mills (acquisition and transfer) act, 1986 (hereinafter referred to as the 'act'); (5) and also for a direction to the 3rd respondent provident fund commissioner to withdraw the prosecution proceedings instituted against the petitioners or other ex partners of the 1st petitioner.2. ..... section 4 of the act provides that with effect from the appointed day, the karnataka cooperative textile mills and the rights, title and interest of the lessor and lessee in relation to the mills shall by virtue of the act stand transferred to and shall vest absolutely in the ..... was promulgated with effect from 30th june, 1986 and the act had come into force with effect from the 1st day of october, 1986, and the mill had vested with the state government with effect from the 30th june, 1986, and the government was under a statutory obligation as provided under section 9 of the act towards the transfer and vesting in the government under section 4 of the act, and the right, title and interest in relation to the mills, to pay an amount of rupees 446.59 lakhs ..... is clear from the words and language employed in subsection (3) of section 17 of the act which provides save or as otherwise provided under the act. .....

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'. ..... karnataka co-operative textile mills, dharwad' (which is defined by clause (g) of section 2 of the act of 1986, and hereinafter referred to as the 'lessor'). ..... said mills was taken over by the government of karnataka; and that by virtue of another central government's notification dated 11/15-5-1979 vide annexure-c, and other similar notifications issued under clause (b) of section 18-fb(1) of the act of 1951, the existing contractual obligations and liabilities of the lessee in relation to the said mills specified therein remained suspended till the act of 1986 came into force on 30-6-1986, whereby thesaid mills and the rights, title and interest in relation thereto of the lessor and the lessee were acquired by and stood transferred to the ..... regarding government's liability to pay for the acquisition of the said mills together with its right, title and interest in relation thereto, section 9 of the act of 1986 states:'9. ..... this is clear from the words and language employed in sub-section (3) of section 7 of the act which provides save or as otherwise provided under the act. .....

Smt. Susheelamma, W/O Hanumanthrao Deshpande and ors. Vs. State of Kar ...

Court : Karnataka

..... karnataka co-operative textile mills (acquisition and transfer) amendment) act 2004; (act no. ..... the year 1986 the state government of karnataka, in order to revive the mills, enacted the karnataka co-operative textile mills limited (acquisition and transfer) act, 1986 (act no. ..... this background, however, the stale has enacted the karnataka cooperative textile mills (acquisition and transfer) (amendment) act, 2004 (act 20/2005) (hereinafter referred to as 'the 2005 act' for brevity). ..... learned advocate general would further point out that the language of section 4 and section 5 of the 1986 act are unambiguous and wide in their application. ..... is contended that the above amount corresponds to the valuation of all assets of the company, inclusive of the landed properly, the said valuation is made even prior to the coming into force of the 1986 act, as the valuation so arrived at finds mention in the said act itself under section 9 thereof. ..... hence, the 2005 act seeking to introduce a new definition (gg) 'owner of land' and sections 4,5,9,10 and 15 of the principal act have been amended by inserting 'owner of the land' after the words 'lessor' and 'lessee' wherever they ..... government thus took over the lease-hold rights alongwith the management of the mills in terms of a notification dated issued under section 8(1) of the said act. ..... petitioners are hence included to be covered under the provisions of the act.it is further pointed out that section 9 of the principal act provides for payment of rs. .....

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

Court : Chennai

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

..... 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 ..... per section 14 of the somasundaram super spinning mills (acquisition and transfer) act, all the workmen employed in the mills shall continue in the employment of textile corporation and other workmen shall also continue in employment until the employment is duly terminated or terms and conditions altered ..... 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. ..... 1986 and subsequently it was replaced by somasundaram super spinning mills (acquisition and transfer) act of 1986 (tamil nadu act 81 of 1986) (hereinafter referred to as 'tamil nadu act ..... decision, it is better to refer the details which made the government of tamil nadu to pass somasundaram super spinning mills (acquisition and transfer) act of 1986 (tamil nadu act 81 of 1986). ..... schedule to the act enumerates 12 sugar undertakings and by the operation of section 3, these scheduled undertakings stood transferred to and vested in the corporation from ..... subsequently, by uttar pradesh sugar undertakings (acquisition) act, 1971, the ordinance was repealed and was replaced. .....

Rashtriya Mill Mazdoor Sangh Vs. State of Maharashtra and ors.

Court : Supreme Court of India

Reported in : AIR1996SC2797; JT1996(7)SC630; (1997)IILLJ720SC; 1996(6)SCALE303; (1996)5SCC542; [1996]Supp5SCR458

..... xlvi of 1986).the empress mills, nagpur, a textile undertaking, has been nationalised by the central india spinning, weaving and manufacturing company limited, the empress mills, nagpur (acquisition and transfer of undertaking) act, 1986 (for short 'the act'). ..... this appeal by special leave is against the judgment of the bombay high court dismissing a writ petition filed by the appellant to challenge the validity of sections 9(2), 10(2), 12(1), and 26 of the central india spinning, weaving and manufacturing company limited, the empress mills, nagpur (acquisition and transfer of undertaking) act, 1986 (maharashtra act no. ..... as its earlier application for closure of the unit was rejected by the government under section 25-0 of the industrial disputes act, 1947 on the ground that its operations are viable, the company and its creditors took recourse to voluntary and compulsory winding up of the company. ..... secondly, it overlooks the effect of the legislation which is to save as many employees as possible from unemployment since the only other option is liquidation which would result in all the employees being rendered unemployed. ..... the act of nationalisation in this manner saves majority of the employees from unemployment. .....

Somasundaram Super Spinning Mill. Vs. the Presiding Officer and anr.

Court : Chennai

..... avoid the said closure, the government of tamil nadu intervened and took over the same under somasundaram super spinning mills (acquisition and transfer) act, 81 of 1986 and vested in the petitioner corporation namely, tamil nadu textile corporation.2. ..... tamil nadu government nationalized the mill by passing somasundaram super spinning mills (acquisition and transfer) act, 1986. ..... or there are other similar grounds which could lead to irretrievable prejudice, further in such cases of irretrievable prejudice, the defaulter must take the necessary pleas in defence in the reply to the show-cause notice and must satisfy the concerned authority with acceptable material; if those pleas are rejected, he cannot raise them in the high court unless there is a clear pleading in the writ petition to that effect.34. ..... this court disposed of w.p.no.1979 of 1988 preferred by the original owner questioning the acquisition act and also other writ petitions referred to above preferred by the trade unions questioning the government order 287, on 30.01.1999 by a ..... union of india reported in 1998, vol.ii sec page 242 is relating to damages under section 14-b of the e.p.f act, the judgment cannot be applied to the facts of this case.32.in fact, learned counsel for the petitioner submits that he relied on the said judgment on the point relating to irretrievable ..... 1977, the government of india took over the petitioner mill under the industries (development regulations) act, 1951 and the mill was operated. .....

Custodian of Textiles Undertaking, Bombay. Vs. Hall and Anderson Ltd. ...

Court : Supreme Court of India

..... , air 1988 sc 782, this court while interpreting the provisions of section 3 of the swadeshi cotton mills (acquisition and transfer of undertaking) act, 1986, observed that the provisions of such a statute require broad and liberal interpretation in consonance and conformity with the principles enshrined in articles 39b and 39c of the constitution. ..... in 1989, because of strike by workers of textiles mills, several mills suffered losses and it became difficult to run the business and therefore, the government after having due deliberations with reserve bank of india and other authorities first came with the ordinance and later on it was replaced by act 1983.5. ..... payment of amount to owners of textile undertakings - the owner of every textile undertaking shall be given by the central government, in cash and in the manner specified in chapter vi, for the transfer to, and vesting in, it, under sub-section (1) of section 3, of such textile undertaking and the right, title and interest of the owner in relation to such textile undertaking, an amount equal to the amount specified against it in the corresponding entry in column (4) of the first schedule. ..... the pleadings in the writ petition before the high court revealed the factual matrix of the case and it is evident from the same that the respondent initially started the business of selling various goods and articles from the departmental store operating from the premises under the name and style of m/s hall & anderson. .....

Shivappa Vs. Administrator, Mahadev Textile Mills

Court : Karnataka

Reported in : AIR2006Kant114; ILR2006KAR1175; 2006(1)KarLJ569

..... the defendant, the suit property is vested with the government by virtue of the karnataka co-operative textile mills (acquisition and transfer) ordinance, 1986 and it has authorised the respondent-defendant as an administrator to mahadev textile mills to take possession of the suit property. ..... hearing the parties, the trial court having raised as many as 5 issues, held that the plaintiff has failed to prove his lawful possession and is not entitled for possession and enjoyment and accordingly, dismissed the suit of the plaintiff as against it, an appeal was preferred before the additional civil judge (senior division), hubli in ..... attempt has been made to recover the possession by issuing a notice under due process of law on vesting of the property with the government by virtue of the ordinance and the act of the defendant in attempting to take possession is in accordance with law. ..... the learned counsel appearing for the respondent has submitted that by virtue of the ordinance passed by the government as per sections 4 and 5 of the karnataka ordinance no. ..... as per section 41(j) of the special relief act, 1963, injunction cannot be granted against the true owner ..... , both the courts below have rightly dismissed the suit of the plaintiff and the question of considering the case of the plaintiff does not arise. ..... for the appellant/plaintiff has argued that he is in settled possession of the suit property since more than 30-40 years and the original owner had authorised him to use the property. .....

Doypack Systems Pvt. Ltd. Vs. Union of India (Uoi) and ors

Court : Supreme Court of India

Reported in : AIR1988SC782; [1989]65CompCas1(SC); (1988)1CompLJ225(SC); 1988(36)ELT201(SC); JT1988(1)SC304; 1988(1)SCALE273; (1988)2SCC299; [1988]2SCR962; 1988(2)LC54(SC)

..... shares in swadeshi polytex limited and 17,18,344 shares in swadeshi mining and manufacturing company limited, held by the swadeshi cotton mills, vest in the central government under section 3 of the swadeshi cotton mills company limited (acquisition and transfer of undertakings) act, 1986 (hereinafter referred to as 'the act'). ..... the preamble to the act, however, reiterated that the act provided for the acquisition and transfer of textile undertakings and reiterated only the historical facts that the management of the textile undertakings had been taken over by the central government under section 18aa of the idr act and further that large sums of money had been invested with a view to making the textile undertakings viable and it was necessary to make further investments and also to acquire the said undertakings in order to ensure that ..... bear in mind the fact that these shares were acquired from out of the investments made by these two companies and furthermore that the assets of the company as such minus the shares were negative and further the act in question was passed to give effect to the principles enunciated in clauses (b) and (c) of article 39 of the constitution, we are left with no doubt that the shares vested in the central government by operation of sections 3 and 4 of the act. ..... of construction are definitions, exceptions, explanations, fictions, deeming provisions, headings, marginal notes, preamble, provisos, punctuations, saving clauses, non-obstante clauses etc. .....

Puducherry Textile Mills Labour Union Vs. Anglo French Textiles of Pon ...

Court : Chennai

..... (acquisition and transfer of textile undertaking) act,1986, and section 25-o and section 9-a of the industrial disputes act,1947 ..... , the anglo french textiles limited (acquisition and transfer of textiles undertaking) act,1986, and the said act was enacted to provide for acquisition and transfer of the right, title and interest of the anglo french textiles limited for the purpose of ensuring continued and increased production of goods essential to the needs of the community and the matters connected therewith or ..... this case, as already two major incidents have taken place in view of the poor condition of the buildings and reports to that effect have also been given by the appropriate authorities stating that it is not advisable to continue operations in the said building due to its old age, i am of the considered opinion that any continuance of operations in the said building would endanger the very lives of the workmen of the 'a' unit. ..... 1994, the administrator of pondicherry constituted a committee of experts of all india reputation and experience to examine its working and submit a report to the government for implementation of the necessary changes so that the anglo french textile mills with its export potential cover further new horizons. ..... question raised before us is whether the method adopted by the government in exercising its executive powers to disinvest hpcl and bpcl without repealing or amending the law is permissible or not. ..... we hold that it is saved by article 19(6) of the .....