Court : Kolkata
Reported in : AIR1992Cal250,(1992)1CALLT335(HC),[1993]76CompCas292(Cal)
..... over.13. in the above premises and in view of the enactment of the inchek tyres limited and national rubber manufacturers limited (nationalisation) act, 1984 (act xvii of 1984),hereinafterreferredtoas the'nationalisation act', the learned single judge held that the points urged on behalf of the appellant had become academic and all the pending suits against ..... we are of the view that the learned single judge erred in proceeding on the footing that the defendant no. 1 company itself had been nationalised under the nationalisation act, 1984, and the management of the defendant no. 1 company itself had been taken over by the central government. in fact, mr. datta ..... 1990, be taken off the file and/or rejected.9. while the said application was pending hearing, the inchek tyres limited and national rubber manufacturers limited (nationalisation) act, 1984, was enacted by the central government, whereby on the appointed date, i.e. 14th february, 1984, the undertakings of the defendant no. i company .....
Tag this Judgment!Court : Kolkata
Reported in : AIR2005Cal156,[2005]125CompCas97(Cal)
..... october 18, 1983, which was challenged. during the pendency of the writ petition such ordinance became an act. such act was known as the textile undertakings (taking over of management) act, 1983. subsequently, nationalisation act of such undertakings came into force having been known as the textile undertakings (nationalisation) act, 1995, with effect from april 1, 1994. mr. das raised an objection in respect of making submission ..... as regards the nationalisation act, 1995, saying that the same is not part and parcel of the writ petition. mr. deb .....
Tag this Judgment!Court : Kolkata
Reported in : [1978]48CompCas747(Cal)
..... the petitioners are entitled to an order of rectification as asked for in the application under section 155 of the companies act, 1956 regarding the objection that in view of the sick textile undertakings (nationalisation) act, 1974, the petitioners have no locus standi and the application is not maintainable, in my view, the said contention ..... but has taken over all its assets and liabilities according to the said nationalisation act, and would pay in cash in the manner provided in the said chapter 3 of the said act. therefore, in my view, the petitioners are entitled to maintain this application under section 155 for ..... the owner of the sick textile undertakings which have been nationalised under the said act, as defined under section 2(h) of the said act, and would receive payment from the central government as provided under chapter 3 of the said act. therefore, the said nationalisation act has not affected the said corporate existence in any way, .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1982Cal124,[1983]54CompCas639(Cal),86CWN59
..... that scheme, which was published in the government of india gazette extraordinary on the 21st dec. 1973, there is a definition of the act which means the general insurance business (nationalisation) act 1972 and under section 8a merged company shall on the specified day stand dissolved without winding up. therefore, the ruby general insurance co. ..... mentions the provisions of general insurance (emergency provisions) act 17 of 1971. the suit in question was filed on the 18th sept. 1975. in para 2 of the plaint it has been stated that the ..... follows:--'ruby general insurance company limited of which the management is vested in the government of india by the provisions of the general insurance (emergency provisions) act 17 of 1971 having its registered office at ruby house at 6, india exchange place, calcutta-1 within the aforesaid jurisdiction.'2. the cause-title indisputably .....
Tag this Judgment!Court : Kolkata
Reported in : [1995]213ITR334(Cal)
..... to be paid to the assessee.14. in the present case, as we have seen, it is the operation of law, i.e., the provisions of the nationalisation act, which prevented the interest on the debenture becoming due. and the assessee has no enforceable right even though the other factors that are necessary for the production of ..... before us, the contentions urged before the tribunal have been reiterated. the facts are not in dispute. messrs. bird and co. was nationalised in 1980 under the bird and co. ltd. (acquisition and transfer of undertakings and other properties) act, 1980, which had come into force on october 25, 1980. in terms of section 16 of the said ..... , the company was taken over by the government of bihar on august 10, 1983, by and under the kumardhubi engineering works ltd. (acquisition and management) act, 1982. the act provided for the appointment of commissioner of payments before whom every person having a claim against the said company was required to file such claim and all rights .....
Tag this Judgment!Court : Kolkata
Reported in : (1977)ILLJ40Cal
..... , reliance may be placed on the observations of the supreme court in the case of commissioner of coal mines provident fund v. j.p. lala : (1976)iillj91sc , where it dealt with section 10(f) of the coal mines provident fund & bonus schemes act, 1948 which used the expression 'such damages not exceeding 25% of the amount of arrears as ..... but the order in question was passed by p.s. dhotrekar, the regional provident fund commissioner. section 14b of the employees' provident funds & family pension fund act, 1952, as it stood at the relevant time provided as follows:14b. power to recover damages.- where an employer makes default in the payment of any contribution to ..... provident fund commissioner dated the 4th february, 1969, was received by the petitioner no. 1 inter alia, threatening the petitioner with damages under section 14b of the act for belated payment. it was also mentioned in the report that if the amounts were paid off immediately, it might not be necessary for the authorities to .....
Tag this Judgment!Court : Kolkata
Reported in : 1983(12)ELT126(Cal)
..... rate is fixed. in support of the above submission reliance has been placed on the following cases : p.v. sivarajan v. union of india, : air1959sc556 ; chief inspector of mines v. karam chand thapar, : (1961)iillj146sc ; bunarsi debt v. income-tax officers, : [1964]53itr100(sc) ; bimal chandra banerji v. state of madhya pradesh, : [1971 ..... by the central government are required to be published in the official gazette and thereupon those rules and notification shall have effected as if enacted in act. it is, therefore, manifest that the notification dated 1st september 1962, as also similar other exemption notifications mentioned earlier have become part of the ..... excise officer after necessary verification.21. from 16th april, 1965 the appellant company had withdrawn from the procedure of assessment under section 4 of the said act and availed of the procedure of concessional assessment under the notification no. 166/62, dated 1st september, 1962. in accordance with prevailing procedure the .....
Tag this Judgment!Court : Kolkata
Reported in : [1986]61STC131(Cal)
..... the constitution to comprise only materials;' commodities and articles, that is to say, concrete goods. therefore the definition of 'goods' in the madras general sales tax act, 1959, as meaning all kinds of movable property, does not go beyond the meaning given to that expression in the constitution and has made a distinction between ..... has held that copyright is incorporeal movable property and the expression 'all kinds of movable property' in the definition of 'goods' in the madras general sales tax act, 1959, would necessarily take within its sweep even intangible or incorporeal movable property, apart from holding that the expression 'goods' has not been defined in article ..... is capable of abstraction, consumption and use and it can be transmitted, transferred, delivered, stored, possessed, etc. in the c. p. and berar sales tax act, which was considered in that case by the supreme court, section 2(d) has defined 'goods' as all kinds of movable property other than actionable claims and .....
Tag this Judgment!Court : Kolkata
Reported in : [1973]87ITR228(Cal)
..... , not sound. apart from the fact of long non-user, there is nothing to show that these assets were dead assets and were lost to the company. the coal mine, the building and the machinery were all there. there is no material, apart from the aspect of long non-user, to suggest that any of the assets had ..... not been or cannot be worked for some reason or other. in the instant case, the assessee must be considered to have been carrying on its businessin coal as owners of various coal mines, including the south samla colliery, although the said colliery was not being actually worked. the concept of carrying on business within the meaning of section 10( ..... 2)(xv) of the income-tax act is a legal concept and may not necessarily be in accord with the popular concept of the expression in which actual operation, .....
Tag this Judgment!Court : Kolkata
Reported in : [1978]113ITR37(Cal)
..... business for the aforesaid period when the custodian was in the management of the said business. thereafter, the life insurance business in india was nationalised by the life insurance corporation act, 1956, and under section 7 of that act the assets and liabilities of the insurers appertaining to the life insurance business stood transferred to and vested in the life insurance corporation of ..... a revenue receipt under section 10(1) of the indian income-tax act, 1922 '6. save for slight changes, the provisions of the aforesaid ordinance and the act are substantially the same. they were passed for taking over, in the public interest, of the management of the life insurance business pending nationalisation thereof. since the management of the life insurance business of the .....
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