Judgment Search Results Home > Cases Phrase: coal mines taking over of management act 1973 Page 9 of about 6,525 results (0.174 seconds)

Marshal Paper and Board Mill Ltd. Vs. Union of India (Uoi) and ors.

Court : Madhya Pradesh

Reported in : (2009)IILLJ448MP; 2008(5)MPHT155

..... , their lordships opined that the remedy of appeal available under the act as contained in section 17 can be availed after measures have already been taken by the secured creditor under sub-section (4) of section 13 of the act which includes the sale of the secured assets, taking over its management and all transferable rights thereto.22. ..... remedy illusory on the grounds that (i) it is imposed while approaching the adjudicating authority of the first instance, not in appeal, (ii) there is no determination of the amount due as yet, (iii) the secured assets or its management with transferable interest is already taken over and under control of the secured creditor, (iv) no special reason for double security in respect of an amount yet to be determined and settled, (v) 75% of the amount claimed by no means would be a meagre amount, ..... petitioner has prayed for many a relief, the fundamental and seminal relief from which the other reliefs quintessentially flow is that the mandate contained in section 75(2-b) of the employees' state insurance act, 1948 (for short 'the act') requiring an applicant to make a deposit of fifty per cent of the amount due from him before raising the dispute before the employees' insurance court (hereinafter referred to as 'the ..... straw board products for the period of 1973-1976 and as the amount was not paid, the corporation initiated recovery proceeding against the petitioner under section 93-a of the act, the petitioner raised a dispute before the court .....

Shri Sunil Kalra Vs. Bawa Shoes Leather Guild Pvt. Ltd.

Court : Company Law Board CLB

Reported in : (2008)215CTR350

..... 2 and 3, after taking over the management of the company pursuant to the agreement. ..... but even while dismissing a petition under sections 397 and 398 of the act, the company law board has power under section 402 of the act to pass orders which are just and equitable.objects and purpose of sections 397, 398, 402 and 408 of the act is two fold - to set right the wrongs and take remedial action to prevent occurrence of wrongs in future. ..... it is also a settled proposition of law that the fiduciary capacity within which directors have to act enjoins upon them a duty to act on behalf of the company with utmost care and skill and due diligence and in the interests of the company. ..... it was further argued that the petitioner is also estopped from filing the present petition on account of his acts and conduct visa vis-a-vis the affairs of the respondents company. ..... it was argued that while the petitioner continues as shareholder of the respondent company, the respondents are acting all through illegally and against the interest of the company. ..... such act and conduct of the petitioner as a director of the respondents company amounted to misconduct in respect of the affairs of the respondents company and is actionable under the provision of the companies act of 1956 as an act of misappropriation ..... as such aggrieved by the said illegal acts of commission and omission, the petitioner filed the captioned petition before the clb seeking various reliefs, as mentioned in the prayer clause to the petition.4 .....

National Textile Limited vs.padmavati Buildtech Anad Farms Pct. Ltd an ...

Court : Delhi

..... mills, established in ujjain in madhya pradesh was taken over by the central government under the textile undertaking (taking over of management) act 1983 and nationalised under the textile undertaking (nationalisation) act, 1995.3. ..... and another reported in (2005) 8 scc219 the supreme court held that the provisions of the sick industrial companies (special provisions) act 1985 (sica), would prevail over the provisions of the companies act, the jurisdiction of the company court in matters relating to winding up sick companies would arise only when the board for industrial and financial reconstruction (bifr) or appellate authority for industrial financial reconstruction (aaifr) ..... considered view, the asc ought to have examined the case in terms of the aforesaid parameters and, ultimately, the decision was liable to be placed before the bifr which would examine and take a decision on whether to confirm the bid or not, the same being done under the scheme of the bifr. ..... a government company within the meaning of section 617 of the companies act 1956, wholly owned by the government of india, under the administrative control of the nodal ministry, being the ministry of textiles, has taken over the undertakings and assets of several textile companies including hira mills.4. ..... however, this has not happened in the present case as the premise on which respondents have acted is as if it is a case of failure of the petitioner as the highest bidder to match the reserve price specified in the .....

Vaishnodevi Enterprises Vs. Tai Chongbang Textiles Industries Ltd.

Court : Gujarat

Reported in : [2008]145CompCas354(Guj)

..... 1 and 2 banks to explore the means of taking over the management of the company. ..... the petitioner has filed this petition under sections 433 and 434 of the companies act, 1956, for winding up of the respondent-company on the ground that the respondent-company has failed to discharge its liabilities towards its creditors including the petitioner.2. ..... mohite, chief manager and the authorised officer of the bank has filed an affidavit and undertaking to the above effect. ..... the company is virtually closed and the secured creditors have already invoked the provisions under the securitisation act and sold the assets of the company.6. ..... he is directed to take charge of the assets, if any, of the company in liquidation. ..... the court has further observed that the secured creditors have enforced their security under the securitisation and reconstruction of financial assets and enforcement of security interest act. .....

Swadeshi Cotton Mills Co. Ltd. and ors. Vs. Union of India and anr.

Court : Delhi

Reported in : ILR1979Delhi387

..... production and an immediate action is necessary, or where the company has been closed for more than three months and could be re-started but is not being re-started by the company, then the central government is empowered to take over management, which is a take over for the general good of the people, for the good of the labour, and also for the welfare of the shareholders and ..... of the rule an obvious distinction between the take-over of management of an undertaking under the act and nationalisation of an industry or an undertaking. ..... but section 18aa provides for taking over management whether any investigation has been undertaken or not. ..... the statement of object and reasons among others gave as one of the reasons for bringing in the amendment that the government could not take over the management of any industrial undertaking even in such a situation calling for emergent action without first issuing directions to it and waiting to see whether or not they arc obeyed. ..... football association (1973), (48) the times, july 21), lord denning suggested that in the context of a domestic tribunal such as the disciplinary committee of the football association the requirements of natural justice meant no more than the committee must 'act fairly. ..... whanqarei high school board (1973) 2 wlr 92 , lord reid and viscount dilhorne found themselves in a minority. ..... de smith in judicial review of administrative action, 1973 ed. ..... union of india and others (1973) 1 s.c. .....

The National Bicycle Corporation of India Limited, Bombay Vs. Gopal B. ...

Court : Mumbai

Reported in : 2002(5)BomCR470; (2002)4BOMLR473; [2002(95)FLR751]; (2002)IIILLJ787Bom; 2002(2)MhLj850

..... the liability of thenational textile corporation under the textileundertakings (taking over of management) act, 1983,this court in the case of national textile ..... since the nationalisation act had come intoforce before the awards were made in 1981, the labourcourts directed the appellant herein to pay back wagesbut did not direct reinstatement of the workmen as,according to the labour courts, under thenationalisation act it was not necessary for theappellant to take over the services of these workmen.the workmen, therefore, through their union raised afresh dispute and ..... (2) any liability arising in respectof materials supplied to either of the twocompanies after the management of theundertakings of the company had been takenover by the central government shall, onand from the appointed day, be theliability of the central government or ofthe concerned government company aforesaidand shall ..... (3) for the removal of doubts, it ishereby declared that - (a) save as otherwise expresslyprovided in this section or in anyother provision of this act, noliability, other than the liabilityspecified in sub-section (2), ofeither of the two companies inrelation to its undertakings inrespect of any period prior to theappointed day, shall be enforceableagainst the ..... apex court, the correctinterpretation of section 9 of the coking coal minesnationalisation act, 1972 read along with section 17was laid down. ..... mines nationalisation act, 1972 is pari materiasimilar to section 13 of the nationalisation act .....

Burn Standard Company Limited Vs. the State of Tamil Nadu and ors.

Court : Chennai

Reported in : [1983]52STC62(Mad)

..... over by the central government with effect from 19th december, 1973, by virtue of the burn company and indian standard wagon company (taking over of management) act, 1973. ..... officer [1977] 40 stc 225, wherein in respect of coal mines (nationlisation) act, under similar circumstances it has been held that the peremptory provisions found in section 28 therein, which corresponds to section 25 in this act, has an overriding effect, and therefore, the provisions of the sales tax act will have to be read subject to the provisions made in the central act. ..... the counsel for the petitioner would first contend that in view of the specific provision made under section 5 of act 97 of 1976, every liability other than the liabilities specified in sub-section (2) therein, in respect of any period prior to the appointed day shall be the liability of the concerned company and shall not be enforceable as ..... respondent had no jurisdiction to treat the petitioner as a 'dealer' under provisions of the tamil nadu general sales tax act, 1959, and to demand payment of sales tax for the period prior to 1st april, 1975. ..... to collect tax in the order of priority as found in the second schedule, part b, of act 97 of 1976, could be applicable only when the commissioner is approached for payment of the amount. ..... filed in support of the petition, it is claimed by the petitioner that originally the management of the undertaking of burn & co. ..... for the petitioner also relies upon the decision in western coal fields ltd. v. .....

Brundaban Chandra Dhir Narendra Vs. the State of Orissa in the Revenue ...

Court : Orissa

Reported in : AIR1953Ori121

..... these provisions, and particularly in view of what appears to me to be a marked departure, in the orissa act of 1947, from the provisions of the previous act, in regard to the powers of government to take over an estate 'suo motu', i am disposed to think that the state government have no power to put the act into operation in the absence of a report from the collector recommending that a certain proprietor should be declared to be disqualified to manage his estate. ..... hand, in his recommendation, he points out the duty of the government to take over the management on a hypothetical assumption by saying 'when an estate's management is bad it is the duty of the government that we should take it over'. ..... in some detail and states as follows:'the state government would respectfully submit that they took over the estate for better management and in the interests of the public as they were satisfied on the recommendation of the court of wards that the petitioner was incapable of managing his estate and it was expedient in the public interests that the court of wards should take over the estate.' 4. ..... in his considered opinion there was no ground for taking over the management of the estate by the court of wards. ..... , inclined to think that in such a contingency, the government having no report to take into consideration cannot come to its own conclusion and take action,on a further consideration, however, i do not think that impression of mine about the meaning of section 13 is correct. .....

Bharat Coking Coal Ltd. Vs. New Govindpur Coal Co. Pvt. Ltd.

Court : Supreme Court of India

Reported in : 2004(2)BLJR1264; JT2004(5)SC571; 2004(3)SCALE519; (2004)4SCC529

..... , title and interest of the coking coal mines in the country, the management of which were taken over under the act, 1971 stood vested absolutely and free from all encumbrances in the appellant-company under section 3 of the coal nationalisation act, 1972, under the said provisions of said nationalisation act, 1972 the central government was empowered to make recovery of the excess expenditure over receipts in the management of coal mines during the management period in terms of section 25 of the said act, which is set out as under ..... :-'section 25 - every amount advanced by the central government or the custodian as the case may be, for the management of a coking coal mine or coke even plant shall be recovered from the income derived by such coking coal mine or coke even plant in respect of the period during which the management of such mine or plant remained vested in the central ..... in the conclusion, it is mentioned that the result of physical takings on 17.10.1971 have not been shown to the auditors and the physical takings as on 30.4.1972 are differing with book figures as shown in this statement.31. ..... 9418 of 1973 (bccl v. .....

Biralal Sharma Vs. Managing Director, Mahanadi Coal Fields Ltd. and or ...

Court : Orissa

Reported in : 2008(I)OLR392

..... taking into account the date of birth of the petitioner recorded in form b register which was prepared in the year 1973 when the coal mines were nationalized under the coal mines nationalization act, 1973 ..... date of appointment was in the year 1968 during the time of private management but in service book it has been mentioned that he entered into service on 1.1.1973, that is the year of nationalization of the coal mines. ..... and served continuously under the different managements on bifurcation of the said orient colliery right from the date of his appointment in 1968 and he was absorbed by the coal mines authority on nationalization of the coal fields ltd. ..... appointment by the company the petitioner appeared for sirdar certificate examination on 6.12.1974 and obtained the certificate from the chairman of the board of mining examination on 13.2.1975 and since this sirdar certificate has been obtained by the petitioner after 1973 when he entered into the service of this management, the date of birth recorded in the sirdar certificate as 23.7.1948 is not correct and the date of birth given in the form b ..... his date of birth and in the meantime he also came to learn that not only his date of birth but also the date of his initial appointment has been wrongly mentioned by the management without looking to the original records of service while he was taken over from the private management to the nationalized coal fields. ..... as his service was taken over from the private management by the o.ps. .....