Court : Madhya Pradesh
Reported in : AIR1961MP49
Dixit, C.J. 1. This reference arises out of second appeal No. 33 of 1959. The questions that arise for determination in this reference lie within a very narrow compass. They are: whether in a suit pending on the date of commencement of the Madhya Pradesh Accommodation Control Act, 1955, a decree for eviction can be passed except on one or more of the grounds mentioned in Section 4(2) of the Act; whether a decree for eviction obtained before 1st January, 1959 can be executed against a tenant so long as the Act is in force except on any of the grounds mentioned in Section 4; and whether a person whose tenancy has come to an end before the commencement of the Act is a tenant for the purposes of the Act and can claim the protection given under the Act. As the question whether a person whose tenancy has been determined is a tenant within the meaning of the Act, has been decided directly by a Division Bench of this Court in Bankelal v. Sant Sharan, 1959 MP LJ 589, and the correctness of that...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1981MP140; 1981MPLJ62
G.P. Singh, C.J.1. By this petition under Article 226 of the Constitution, the petitioners challenge two orders issued by the Central Government under Section 18FB(1)(b) of the Industries (Development and Regulation) Act, 1951 and four orders issued under Section 18FB(2) extending the operation of the said orders up to 1st January, 1981. The petitioners also, challenge the constitutional validity of Sections 18FB and 29D of the Act.2, Petitioner No. 1 is an investment holding company and carries on the business of investment and financing monies for business and commercial purposes. Petitioner No. 2 is a shareholder of the petitioner-company. Respondent No. 3 is a company having a factory at Worli, Bombay, and another factory at Ghaziabad in Uttar Pradesh. The respondent company carries on the business of manufacturing bicycles, auto-engines and bicycle parts. The said industry is a scheduled industry under the Act. In June 1970, the petitioner company advanced a clean loan of Rs. 8.5 ...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1981MP123; 1981MPLJ202
G.P. Singh, C.J. 1. The Caltex Petroleum Corporation is a foreign company incorporated in the State of Delaware in the United States of America. One of its subsidiaries, namely, the Caltex Oil Refining (India) Limited (an Indian Company), hereinafter referred to as the Caltex Oil Refining, was carrying on the business of refining crude oil and producing petroleum products in India. Another subsidiary of the Caltex Petroleum Corporation, namely, the Caltex (India) Limited (a foreign company) incorporated in Bahamas Islands, hereinafter referred to as the Caltex (India), was carrying on through its undertakings in India the business of marketing and distributing petroleum products. The President of India, on 30th Dec. 1976 promulgated the Caltex (Acquisition of Shares of Caltex Oil Refining (India) Limited and of the Undertakings in India of Caltex (India) Limited) Ordinance, 1976. The Ordinance was replaced by an Act (Act No. 17 of 1977) bearing the same name. The Act was enacted on 23r...
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