Court : Delhi
Reported in : ILR1984Delhi60
..... per cent of the amount of arrears', as it may think fit to impose. the central government further directed that powers exercised by it be exercised by coal mines provident fund commissioner in terms of the notification issued by it. the notification had a schedule attached where sliding scales of damages had been fixed by the ..... and void unless some infirmity is established in that particular order. reference in this connection may be made to coal mines p.f. commr. v. j. p. lalla; : (1976)iillj91sc . that case dealt with the provisions of coal mines provident fund and bonus scheme act. a scheme had been framed under that act which required the employer to ..... even on the apparently liberal sounding label of reasonableness in favor of employer when the legislature has chosen to provide no such period. (25) again in east india coal co. v. rameshwar : (1968)illj6sc an application was filed under section 33c(2) which related to claims for the years commencing 1948 onwards. the application was .....
Tag this Judgment!Court : Delhi
Reported in : ILR1974Delhi311
..... only those textile undertakings (the management of winch had not been taken over by the central government before the appointed day) in the impugned act, pending nationalisation of such undertakings, in the public interst, no question of discrimination arises as the classification is based on intelligible differentia and further that differentia bears a ..... the sick textile undertakings (taking over of management) ordinance, 1972, was promulgated on 31-10-1972 whereby the management of 46 textile under takings, pending their nationalisation, was taken over by the central government. the principal reason underlying, the issue of the ordi nance was that in government's view, the long term ..... only sick textile under taking i.e. not with textile industry as a whole, but only with one aspect of it. it was observed in the hingir-rampur coal co., ltd. and others. v. the state of orissa and others : [1961]2scr537 . 'thefunctions of the development councils constituted under this act prescribed by .....
Tag this Judgment!Court : Delhi
Reported in : 2006ACJ1576; 117(2004)DLT74; 2005(82)DRJ70; (2005)141PLR10
..... the policy can be refused only the grounds such as misrepresentation, fraud or non-disclosure of material facts by the insured. 22. the division bench considered the general insurance business (nationalisation) act and the insurance act to come to a conclusion that even if medical insurance policy provided both for continuity of cover on renewal premium in time as well as .....
Tag this Judgment!Court : Delhi
Reported in : IV(2008)BC627; [2008]114CompCas113(Delhi); (2008)4CompLJ177(Del); 150(2008)DLT259; 2008(104)DRJ101; [2009]89SCL151(Delhi)
Sanjay Kishan Kaul, J.1. A conflict of judicial view between the Bombay High Court and the Gujarat High Court in respect of the power of the company court Under Section 391(6) of the Companies Act, 1956 (hereinafter referred to as the said Act) to stay criminal proceedings has given rise to the present appeal.2. The commercial relationship between the appellant and the respondent started with an Inter Corporate Deposit (ICD) of Rs. 2.50 crores being placed by the appellant with the respondent under two separate agreements dated 26.9.1997 and 03.10.1997 by way of two separate cheques of Rs. 1.25 lac each which were duly encashed. The said ICDs were for a period of 120 days and the respondent company were liable to repay the same before the expiry of the said period along with interest @25.5% per annum. In case of default, the rate of interest was to be enhanced by an additional interest of 11% per annum. It is the case of the appellant that the respondent failed to re-pay the ICD with i...
Tag this Judgment!Court : Delhi
Reported in : 2006(88)DRJ663
..... . it was also submitted that the provisions of law, the terms and conditions have to be interpreted in order to preserve power of the employee rather than to under-mine it.16. the first question which arises for consideration is whether the central government could have issued the impugned order in the second writ petition, appointing an enquiry officer ..... appropriate.24. the articles of charges issued against the petitioner contain allegations regarding improper placement of an order for supply of 20,000 metric tonnes (mt) of assam meghlaya coal and then repeating the supply order to the same party. the charges also alleged undue favor granted to one m/s. chander prabhu on 6.4.1995 for a ..... quantity of 20,000 m.t. of coals valued at rs. 4.5 crores; and other charges pertaining to irregularities connected with award of work of living linkage coal worth rs. 4.3 crores etc. the charges are undoubtedly serious.25. it is well settled that an order .....
Tag this Judgment!Court : Delhi
..... of the constitution of india as also contrary to section 3(1)(a) of the coal mines (nationalisation) act, 1973. dr singhvi further submitted that the supreme court was not concerned with how and in what manner the coal resources would be disposed of after the cancellation order. according to dr singhvi, there ..... being used by dri and cement industries and that this needed to be kept in view while earmarking the coal blocks. it was also noted that de-allocated coal mines / coal blocks having coking coal reserves could be considered for steel. another criteria used was that blocks having reserves of more than 100 million ..... regulated sector non regulated sector non regulated sector non regulated sector non regulated sector power power power power power power power power power steel (coking coal) steel (coking coal) non regulated sector non 40 iii9dongri tal-ii madhya pradesh singrauli 41 iii10kosar dongergaon maharastrawardha valley 42 iii11nerad malegaon maharastrawardha valley 43 iii12marki .....
Tag this Judgment!Court : Delhi
..... of the constitution of india as also contrary to section 3(1)(a) of the coal mines (nationalisation) act, 1973. dr singhvi further submitted that the supreme court was not concerned with how and in what manner the coal resources would be disposed of after the cancellation order. according to dr singhvi, there ..... being used by dri and cement industries and that this needed to be kept in view while earmarking the coal blocks. it was also noted that de-allocated coal mines / coal blocks having coking coal reserves could be considered for steel. another criteria used was that blocks having reserves of more than 100 million ..... regulated sector non regulated sector non regulated sector non regulated sector non regulated sector power power power power power power power power power steel (coking coal) steel (coking coal) non regulated sector non 40 iii9dongri tal-ii madhya pradesh singrauli 41 iii10kosar dongergaon maharastrawardha valley 42 iii11nerad malegaon maharastrawardha valley 43 iii12marki .....
Tag this Judgment!Court : Delhi
..... that effect in the act itself. the question, therefore, is whether absence of specific provision as contained in the banking companies (acquisition and transfer of undertakings) act or in the coal mines nationalisation act, 1973 that the shareholding shall always be held by the government, will give a different complexion to these provisions. when the provisions of the act provide for vesting of ..... to subserve the common good. the argument that there is no specific provision in the act as contained the banking companies (acquisition and transfer of undertakings) act or in the coal mines nationalisation act, 1973 does not carry the matter any further because the idea embedded in those provisions are this enactment, as explained earlier. if disinvestment takes place and the company ceases .....
Tag this Judgment!Court : Delhi
..... , because the wrong concession made by a counsel cannot bind the parties when statutory provisions clearly provided otherwise. it was observed by constitution bench of this court sanjeev coke manufacturing co v. bharat coking coal ltd (1983 (1) scc 147) that courts are not to act on the basis of concession but with reference to the applicable provisions. the view has been reiterated .....
Tag this Judgment!Court : Delhi
Reported in : (2010)ILLJ131Del
Kailash Gambhir, J.1. By way of this petition filed under Article 226 of the Constitution of India, the petitioner seeks quashing of the order dated 23/10/1998 passed by the respondent No. 1 in appeal against the order dated 23/6/1998 passed by the respondent no 2 under Section 7A of the Employees Provident Fund and Miscellaneous Provisions Act, 1952 and order dated 14.12.1998 on review application passed by respondent No. 1 and demand raised by respondent No. 2 on the basis of impugned order dated 23/6/1998.2. The brief conspectus of the facts as set out in the petition are as under:3. The present petitioner M/s Grand Chemical Works, C-21/2, Mayapuri, Ph.II, New Delhi-110064 was covered with effect from 30.04.1996 under scheduled head 'Heavy and fine Chemicals' vide EPF office establishment No. E/DL/17749/Coverage/1281 dated 5.6.1996. The establishment was directed to report compliance with effect from 1.5.96. Instead of reporting compliance, the establishment challenged the applicabi...
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