Judgment Search Results Home > Cases Phrase: financial non viability Court: delhi Page 6 of about 270 results (0.062 seconds)

Anil Singh and ors. Vs. N.D.M.C.

Court : Delhi

Reported in : 117(2005)DLT571

..... -'in fact, taking work, from daily wage worker or ad hoc appointee is always viewed to be only for a short period or as a stop gap arrangement, but we find new culture is growing to continue with it for a long time, either for financial gain or for controlling its workers more effectively with sword of damocles hanging over their heads or to continue with favored one in the cases of ad hoc employee with staling competent and legitimate claimants. ..... financial viability no doubt is one of the considerations but then such enterprise or institution should not spread its arms longer than its means. ..... when contempt petition was filed for non-implementation, the union had come forward with an application expressing its difficulty to give effect to the orders of this court. ..... non-joining of the selected candidate does not confer any right on the appellant. .....

Sree Kumar R. Vs. Union of India (Uoi) and anr.

Court : Delhi

Reported in : 2002VAD(Delhi)690; 97(2002)DLT347; [2003(97)FLR709]; 2003(1)SLJ200(Delhi)

..... if such employee cannot make a grievance based on part iii of the constitution or article 311 then it cannot stand to reason that like the petitioners, non-government employees working in a company which by reason of judicial pronouncement may be regarded as a state for the purpose of part iii of the constitution, can claim a superior or a better right than a government servant and impugn it's change of status. ..... 2 corporation was also referred to board for industrial and financial reconstruction (for short the bifr) under section 15(1) of the sick industrial companies (special provisions) act, 1985 (for short the said sica) in december, 1999. ..... each company will have its own financial calculations and a scheme has to be devised keeping in mind the financial position of that company. ..... the said direction can by no means be made applicable to the issue of general viability of respondent no. .....

M/s. Forech India Ltd Vs. M/s. Tecpro Systems Ltd

Court : Delhi

..... (h) in october 2015, and before the matter could be taken further, the respondent company moved the instant application, being ca no.3298/2015, informing this court that looking to its financial condition as on 31.03.2015, it had moved the bifr under section 15(1) of the sica; and that on 14.07.2015, the registrar, bifr, had informed the company that the said reference had been duly registered by the board ..... the restructuring package, which was approved by what was known as the, cdr empowered group , has been annexed to this communication, and it envisaged the financial restructuring of term loans given by banks; under various heads, including, inter alia, (v) priority debt-2, which is stated to be; priority debt (pd-2) of rs.166.25 crore is proposed in the package for the payment towards pressing creditors; pd-2 shall be ..... (i) it may also be noted that there were as many as 29 more petitions instituted by separate petitioners seeking winding up of the respondent on the ground of non-payment of their dues; and for convenience, matters were being listed before this court on the same date to enable this court to have a better overall picture of the company s ..... this is necessary for the court to satisfy itself about the genuine viability of the company as a going concern, so that the court may not commit the error of allowing preferential payment to be made out to an unsecured creditor in preference to other priority creditors including, inter alia, secured creditors of a company .....

The National Iron Foundry and ors. Vs. State Bank of India and ors.

Court : Delhi

Reported in : 1993IVAD(Delhi)197; 1994(28)DRJ201

..... rehabilitation of sick industrial units which are potentially viable, is the declared policy of the government and, as such, there should be no occasion for banks to dissociate themselves from rehabilitation efforts where the potential viability of the unit has been established and the rehabilitation package which has been drawn up has the acceptance of the financial institutions and the two banks having the largest share. ..... we may add that the reliefs/concessions to the extent indicated in the annexure are not intended to be given as a matter of course in all causes of rehabilitation of sick ssi units; it is for the banks/financial institutions to decide on the nature and extent of concessions necessary/warranted within these parameters, depending upon the merits of each case.'--- *** ---mr. ..... norms for grant of reliefs and concessions by banks/financial institutions to potentially viable sick ssi units for rehabilitation are furnished in annexure ii. ..... respondents 1 and 2 have raised various preliminary objections, like delay, lack of territorial jurisdiction, non-impleading of the party and bad conduct of the petitioners. .....

Om Parkash Pahwa and ors. Vs. State of Delhi and ors.

Court : Delhi

Reported in : 1998VAD(Delhi)285; 3(1998)CLT609; 75(1998)DLT3; 1998(46)DRJ719

..... in the writ petitions, the proceedings, their initiation and sometimes the final orders passed therein are challenged either on merits or for non-compliance with the procedural provisions or the rules of natural justice and sometimes on the ground of incompetence on the part of authority initiating or conducting the proceedings. ..... publication of the proposal as to scheme in form psu(a) and issuance of 14 days notice are both directory provisions and in the absence of prejudice by the non-compliance thereof would not vitiate the proceedings; moreso when the provisions have been substantially complied with. ..... out of 2672 buses owned by dtc, 803 are of an age of 10 years & above, and 523 are of an age around of 8-10 years.16.2 at the end of the financial year 1996-97, the dtc had an accumulated loss of rs. ..... add to this (i) the failure of the km scheme without which the scheme ceases to be workable, and (ii) non-compliance with section 100(2) of the act- the objections having been heard and decided neither by the lt governor nor by an officer authorised by him in this behalf. ..... we are aware that the utility of public services is not to be measured only on the formula of commercial viability. ..... the concerned regional transport authority should immediately take action to stop such illegal operation of transport vehicles on all routes, both notified and non-notified routes. .....

Mr. Mahesh Bhatt and Kasturi and Sons Vs. Union of India (Uoi) and anr ...

Court : Delhi

Reported in : 2008BusLR366(Del); 147(2008)DLT561

..... (2) nothing in this article shall affect the operation of any existing law or prevent the state from making any law-(a) regulating or restricting any economic, financial, political or other secular activity which may be associated with religious practice;(b) providing for social welfare and reform or the throwing open of hindu religious institutions of a public character to all classes and sections of hindus.explanation i. ..... struck down, not on the ground that commercial advertisements are entitled to protection under article 19(1)(a) of the constitution, but on the ground that fixation of limits on space for advertisements would reduce earnings, thus affecting economic viability of newspapers and their circulation and, thereforee, would constitute violation of freedom of speech and expression.29. ..... union of india reported in the supreme court struck down the impugned legislation as restriction of advertisements had a direct impact on financial health of the newspaper, it's circulation and volume by curtailing it's financial independence and, thereforee, held to directly infringe freedom of speech and expression. ..... in any case, there is no reason to compel non-smokers to be helpless victims of air pollution.3. ..... sub-rule 7 begins with a non-obstantive expression and over-rides sub-rule 6. ..... then why should a non-smoker be afflicted by various diseases, including lung cancer or of heart, only because he is required to go to public places? .....

Tata Teleservices Ltd., Hughes Ispat and Essar Commvision Vs. Union of ...

Court : Delhi

Reported in : 1999IIAD(Delhi)625; 78(1999)DLT572; 1999(49)DRJ431

..... aforesaid letter dated 25.1.1999 was not to terminate or cancel the license of the petitioners for the present and according to him the aforesaid letter was issued to the petitioners bringing to their notice the fact of non-payment of the license fee for the second year and the arrears standing against each of them and further calling upon them to pay the said arrears either in full or by making payment of 20% for the ..... counsel has specifically drawn my attention to the contents in the said draft discussion papers under the heading 'internet service providers policy and project viability' to bring home their submission that the respondent is also conscious of the fact that the basic telephone service is not viable any more.6. ..... it is also submitted that there was a delay of over a year by the respondent to approve and finalise the tripartite agreement between the licensee, financial institutions and the respondent and in fact the same has not yet been finalised. ..... the said condition also provides the licensee is required to submit financial bank guarantees as also performance bank guarantees as required under the conditions of the contract.5. ..... all the petitioners herein have in terms of the aforesaid condition furnished the financial bank guarantees as also the performance bank guarantees. .....

Y.K. Singla Vs. Punjab National Bank and ors.

Court : Delhi

Reported in : 79(1999)DLT585

..... officer sought to produce the list on 23.4.1994 and that is not a compliance with the mandatory provisions which is referred to above.38.1 find considerable force in the arguments of learned senior counsel for the petitioner and the non-compliance with the regulation 6(5)(iii) has completely vitiated the whole proceedings.39. ..... to manage various aspects of the unit like technical, financial and marketing etc. ..... the viability of the project was based on power to be generated through a diesel generator set. ..... puri desired that the petitioner should recommend a non-viable bank guarantee in sum of rs. .....

Kul Bhusan Chopra Vs. Punjab National Bank and ors.

Court : Delhi

Reported in : (1979)IILLJ86Del

..... the criteria for advances which in the traditional banking was the credit and the ability of the borrower to repay has now given place to the developmental needs of an area and the viability of the project rather than the credit and the ability of the borrower to repay. ..... at which and the circumstances in which as officer of the bank could be suspended, pending disciplinary action, whether the right to receive salary would be property within the meaning of articles 19 and 31 of the constitution of india and as to whether non-payment of salary by virtue of an improper order of suspension from service could attract the fundamental right to property.2. ..... an examination of the constitution, powers and functions of nationalised banking institutions, unmistakably point to the conclusion that, as found by the supreme court in the case of some of the other financial institutions like the reserve bank of india i.f.c. ; l.i.c. ..... in the first instance, it may be punitive in nature and, thereforee, by itself constituting a punishment, secondly, it is of a non-punitive nature and purely for the purpose of departmental proceedings or disciplinary proceedings as a measure of security until the guilt of the delinquent officer has either been determined or he has been vindicated ..... the report of the development manager was eventually said to have come up for consideration before the regional manager, who on an examination found that the matter had financial implications calling for further investigation. .....

R.K. Malhotra and ors. Vs. Union of India and ors.

Court : Delhi

Reported in : 1995IVAD(Delhi)15; 1995(35)DRJ100

..... 1986(8)ecc189 , where the court observed as under (paras 70 & 84) :- 'according to shri nariman even if as found by us, the permission to purchase shares of an indian company by a non-resident investor of indian origin or nationality under section 29(1)(b) of the fera could be obtained after the purchase, the reserve bank ceased to have such power after the formulation of the portfolio investment scheme since ..... or that they were such that it was impossible for any one to form an opinion there from suggestive of the aforesaid things, the opinion was challengeable on the ground of non-application of mind or perversity or on the ground that it was formed on collateral grounds and was beyond the scope of the statute. ..... series of measures being taken by government in the areas of trade policy, exchange rate management, fiscal policy, financial sector reform and overall macro economic management. a....... b. ..... indira jaising in support of the case of the petitioners : (1) that there was non-application of mind by the authorities concerned in granting approval to gillette, and (2) the fourth respondent had no such authority in law to grant such an approval though it ..... of the factory, the quality of guns produced and the economic viability of the unit. ..... it is certainly not open to a company whose shares have been purchased by a non-resident company to refuse to register the shares even after permission is obtained from the reserve bank of india on the ground that permission ought not to .....