Judgment Search Results Home > Cases Phrase: elvoc private limited acquisition and transfer of undertakings act 1985 Page 1 of about 40 results (0.070 seconds)

National Mineral Development Corporation Ltd. Vs. the State of Tamil N ...

Court : Chennai

Reported in : [1987]67STC1(Mad)

..... is also contended that in spite of an undertaking given by the buyers that the loss or damage in transit from madras to bombay would be borne by the buyers and the corporation will not be liable to replace the goods so lost or damaged, the property in the goods remained with the sellers; the provisions of section 26 of the sale of goods act would show that by specific agreement the risk alone can be transferred to the buyer while property is retained by ..... in the original package effected by delivery to the purchaser upon arrival at destination after an inter-state journey, both when the local seller had purchased the goods extra-state the purpose of resale and when the extra-state seller had shipped them into the taxing-state for sale there." 61. this decision establishes the principle that the doctrine of original packages has no application to inter-state commerce ..... not have the effect of creating an estoppel against a third party like a state government or its sales tax authorities from contending or showing that the property at such auctions passes at the fall of the hammer and if under the other terms of the auction it is clear that the property has passed or does pass to the auction purchaser at the fall of the hammer a mere declaration of the intention on the part ..... undisputed facts involved in the case are the national mineral development corporation limited, a government of india undertaking, has a diamond mining project with two diamond mines in panna ..... private ltd ..... private .....

U.P. Badminton Association Vs. State of U.P. and ors.

Court : Allahabad

Reported in : 2006(3)AWC2434

..... the state government in this behalf, the authority or, as the case may be, the local authority concerned may dispose of:(a) any land acquired by the state government and transferred to it, without undertaking or carrying out any development thereon : or(b) any such land after undertaking or carrying out such development as it thinks fit.to such persons, in such manner and subject to such terms and conditions as it considers expedient for securing the development of the area according to plan.79 ..... controversy arose out of the order of the vice chairman, lucknow development authority, cancelling the earlier order dated january 31, 1985, granting permission under section 15 of the act in favour of the respondent lessees to develop the lease hold property by erecting thereon a multi-storeyed building called ..... as against the state or an instrumentality of the state, even if it involves some disputed questions of fact would be slightly different as against such violation or breach against a private party, which again would depend upon the fact that whether the said private party was under any obligation to perform any public function and if that is so, a violation in this regard may give rise to a complaint under article 226 of the constitution even ..... of the constitution of india, the court should bear in mind the fact that the power to issue prerogative writs under article 226 of the constitution is plenary in nature and is not limited by any other provisions of the constitution. .....

Kesavananda Bharati Sripadagalvaru and ors.Vs. State of Kerala and anr ...

Court : Supreme Court of India

Reported in : AIR1973SC1461; (1973)4SCC225; [1973]SuppSCR1

..... . 530 in which a bench of 11 judges held by a majority of 10 to 1 that the banking companies (acquisition and transfer of undertakings) act, 1969 violated the guarantee of compensation under article 31(2) in that, it provided for giving certain amounts determined according to principles which were not relevant in the determination of compensation of the undertaking of the named banks and by the method prescribed, the amounts so declared could not be regarded as compensation ..... 530 where it was held by ten judges that the banking companies (acquisition and transfer of undertakings) act violated the guarantee of compensation under article 31(2) in that it provided for giving certain amounts determined according to principles which were not relevant in the determination of compensation of the undertaking of the named banks and by the method prescribed the amounts so declared could not be regarded as compensation.430. ..... " the argument was that having regard to the preamble and the fundamental rights which established liberty, justice and equality and a government of a free people with only limited powers, taking of private property without just compensation and in the absence of a public purpose was unconstitutional, and this conclusion should be drawn by implied prohibition in spite of article 31(4), 31a & 31b expressly barring challenge on those very grounds. ..... . 1985 .....

M/S Atlantic Inter-trade Limited with Re Vs. Canara Bank, Industrial F ...

Court : Andhra Pradesh

..... it is one thing to say that the public sector banks having regard to the provisions of the banking companies (acquisition and transfer of undertakings) act, 1970 should discharge their functions keeping in mind the larger public interest but ordinarily in the matter of enforcement of contract, they are to be governed by the terms thereof, which would not be amenable to writ jurisdiction of the high court unless the actions of the banks are found to be wholly arbitrary and unreasonable. ..... if, however, it is found as of fact that the writ petitioners- respondents were not parties to the fraud, whether even in a lis involving private law domain, namely, contract qua contract, as a trustee of the investors' money, they may be held to be liable to refund the amount, is the question?.. ..... duties of a bank under a letter of credit are created by the document itself, but in any case it has the power and is subject to the limitations which are given or imposed by it, in the absence of the appropriate provisions in the letter of credit.40. ..... but there is no clause in the contract dated april 20,1985 entered between the appellant and the respondents that the contract with the respondents is co-terminus with non-performance or frustration of the contract with the foreign buyer. ..... it is not the case that there is any fraud committed by the appellant in entering into contract with the respondent in particular with reference to clause 17 of the contract dated april 20, 1985. .....

In the Matter of Manuel theodore D'Souza

Court : Mumbai

Reported in : 2000(2)BomCR244; II(2000)DMC292

..... the absence of any legislation setting out who can adopt, person or persons who has/have taken a child in guardianship under the guardians & wards act will have the right to petition the courts to adopt the child; (3) as jurisdiction to pass orders on guardianship is in the district court and/or a high court having jurisdiction under its letters patent, pending legislation, it will be these courts which have the right to give the child in ..... for a relative or stranger to put himself in loco parentis to assume the fiduciary position of a father in relation to a child and undertakes the obligation to make provision of the child, (see powys v. ..... at common law, the rights, liabilities and duties of parents are inalienable and adoption in the sense of a transfer of parental rights and duties in respect of a child to another person ..... article 44, nobody seems to be interested in article 41 which provides that the state shall, within the limits of its economic capacity and development, make effective provision for securing the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement, and in other cases of undeserved want or for that matter article 35 and 39. ..... arose out of acquisition of land for ..... bhopal gas disaster (processing of claims) act, 1985. ..... the doctor whether attached to a public or private hospital has the professional obligation to render service with due expertise for protecting 'life'.in ramsharan autyanuprasi and another v. .....

Bhubaneshwar Singh and anr. Vs. Kanthal India Ltd. and ors.

Court : Kolkata

Reported in : [1986]59CompCas46(Cal)

..... the articles of association of the indian company, which was initially a private limited company and is now a section 43a-company, contained restrictions on the right to the transfer of shares and the articles also vested in the shareholders a right of pre-emption. ..... although this company was initially incorporated as a private limited company, it became a public company by reason of the insertion of section 43a of the act, which came into force on and from september 12, 1967. ..... executor or administrator or succession certificate holder of a deceased member (not being one of several joint holders) shall be the only person recognised by the company as having any title to the share registered in the name of such member, and in case of the death of any one or more of the joint holders of any registered share, the survivor shall be the only person recognised by the company as having any title to or interest in such share, but nothing herein ..... on may 5, 1978, the indian company in terms of the rbi's sanction executed an undertaking whereby it undertook to earn foreign exchange by export of goods manufactured by it. ..... lastly, on this aspect, it was submitted that the common legal determinant both for sections 397 and 398 of the act relevant for the present petition is conduct lacking in probity and such conduct resulting in injury to the company or to the interest of the public or of the minority shareholders. ..... [1985] 51 comp cas 743. at p. .....

Eastern Book Company and ors. Vs. D.B. Modak and anr.

Court : Supreme Court of India

Reported in : AIR2008SC809; 2008(2)ALD1(SC); 2008(56)BLJR181; (2008)1CALLT69(SC); (2008)1CompLJ1(SC); 2008(1)JKJ41[SC]; LC2008(1)56; (2008)1MLJ361(SC); 2008(36)PTC1(SC); 2007(14)SCALE1; 2008AIRSCW49; AIR2008SC809; 2008(1)SCC1; 2008(1)LH(SC)179; 2008(2)ICC206; 2008(4)KCCRSN237

..... is authorised to be made it may be appropriate to quote the relevant holding from the judgment: (scr pp.467, 470) when article 15(4) refers to the special provision for the advancement of certain classes or scheduled castes and scheduled tribes, it must not be ignored that the provision which is authorised to be made the privy council observed: it may be well to add that their lordships judgment does not imply that every sum paid under ..... raw text obtained from registry: scc page: the said provision reads as under: where a landlord has acquired his interest in the premises by transfer, no suit for the recovery of possession of the premises on any of the grounds mentioned in clause (f) or clause (ff) of the said provision reads as ..... may be prescribed duties of excise on all excisable goods which are produced or manufactured in india as, and at the rates, set forth in the schedule to the central excise tariff act, 1985. 13 ..... obtained from registry: scc page: deals with sovereignty over, and limits of, territorial waters and says: (1) the sovereignty of india extends and has always extended to the territorial waters of india (hereinafter referred to as the territorial waters) and to the seabed and subsoil underlying, and the air space over such waters. ..... says almost seventy per cent of its sales are parties other than state transport undertakings (stus) ..... . on the other and, the defendants claimed that what they had done was fair dealing for the purposes of private study which was permissible .....

i.P. Vasishth, (Retd. Judge Allahabad High Court) Vs. the State of Har ...

Court : Punjab and Haryana

Reported in : (2005)140PLR70

..... the president for the introduction thereof into the legislature; orb) he would have deemed it necessary to reserve a bill containing the same provisions for the consideration of the president; orc) an act of the legislature of the state containing the same provisions would under this constitution have been invalid unless, having been reserved for the consideration of the president, it had received the assent of ..... towards house rent at the rate determined by the government of india under section 22a of the high court judges (conditions of service) act, 1954 as also the compensation amount on account of electricity and water charges to be calculated on an average basis for the past consumption, and would further be paid for all other benefits which would have accrued to him had he been allowed to complete the aforesaid tenure of five ..... the expression means that although apparently a legislature in passing a statute which purports to act within the limits of its powers, yet in substance and in reality it transgresses those powers, the transgression being veiled by what appears, on proper ..... he was elevated as permanent judge of the high court of punjab and haryana on 20th of june, 1994 and on transfer to the allahabad high court, he assumed charge as a judge ..... it was also pointed out that this was in breach of his own undertaking given to the house on 22.11.1996 when it had been stated by him that the bill would allow the lokayukta to take cognizance of any compliant ..... 1985 ..... 1985 .....

U.K. Acharya and ors. Vs. State of Gujarat and ors.

Court : Gujarat

Reported in : AIR1989Guj81; (1988)1GLR209

..... chapter which we thereafter find is chapter iv which is with regard to acquisition and disposal of land belonging to the board ..... . as seen earlier, by 4 of the, act, it is the duty of the housing board to incur expenditure and undertake works of such housing schemes as it may consider to control of ..... contention was repelled by holding that the obnoxious words 'who were in service on ernst march 1979 and retiring from service on or after that date' excluding the date for commencement of revision were words of limitation introducing the mischief and were vulnerable as denying equality and introducing an arbitrary fortuitous circumstance but they could be severed without impairing the scheme ..... respondent 25, is concerned, in para 4.1 in his reply he has stated that 'but for the shifting of the capital from ahmedabad to gandhinagar, respondents 20 to 37 would have continued to occupy the flats in h and l colonies as they are holding non-transferable posts and they cannot be transferred outside secretariat and the hon'ble court can take judicial note that the secretariat is always in the capital of the state and it is never situate in more than one city or town ..... . quarters, requisitioned premises or private non-requisitioned premises were allowed to do so up to ..... other hand, the learned advocates for persons covered by category (iii) in the priority list of persons eligible to purchase the houses in h and l colonies as envisaged by the impugned resolution dated 18-2-1985 vide paras, shri mohit s .....

Ferro Alloys Corpn. Ltd. Vs. A.P. State Electricity Board and Another

Court : Supreme Court of India

Reported in : AIR1993SC2005; JT1993(3)SC82; 1993(2)SCALE593; 1993Supp(4)SCC136; [1993]3SCR199

..... court is to conduct a limited scrutiny whether by imposing such a condition the board has not acted as a private trader and thereby shed off its public ..... by deposit in cash when so demanded by board within the notice period of 30 days supply of consumer shall be liable for disconnection.28.5 the consumption deposit so calculated as per the clause 28.1 and/or 28.2 above shall not be less than three times the monthly minimum charges, applicable to the consumer under the category to which he belongs.28.6 ah consumers shall pay the consumption deposit or additional ..... noticed is the terms and conditions oblige every consumer executing an agreement in the prescribed form, undertaking to abide by the terms and conditions prevailing on the date of agreement and also agreed to be bound by the terms and conditions as may be notified ..... the usufructory mortgage which is provided for in section 76 of the transfer of property act section 76 g & h provide that the mortgagee in a unsufructory mortgage would have to keep account of the incomes received from the mortgagee in his use and would have to pay compensation for the benefit derived by the user ..... the effect of the amendment made in section 59 by act 16 of 1983, which came into effect from april 1, 1985, was to provide for a minimum surplus of three per cent or such higher percentage ..... after the amendment by act 16 of 1983 which came into force on 1.4.1985, the board was to create a minimum surplus of 3% or such higher ..... and local government 1985 .....