Court : Kolkata
Reported in : AIR1992Cal250,(1992)1CALLT335(HC),[1993]76CompCas292(Cal)
..... . 18aa of the aforesaid act. mr. chatterjee submitted that the above position would be made further clear from the provisions of the inchek tyres limited and national rubber manufacturers limited (nationalistion) act, 1984, where a clear distinction has been made between the undertakings of the company and the company itself.17. ..... the management of the company itself was also taken over.13. in the above premises and in view of the enactment of the inchek tyres limited and national rubber manufacturers limited (nationalisation) act, 1984 (act xvii of 1984),hereinafterreferredtoas the'nationalisation act', the learned single judge held that the points urged on ..... by him on 10th february, 1990, be taken off the file and/or rejected.9. while the said application was pending hearing, the inchek tyres limited and national rubber manufacturers limited (nationalisation) act, 1984, was enacted by the central government, whereby on the appointed date, i.e. 14th february, 1984, the undertakings .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1998Cal218
..... 8 of 1984 on 19th of sept. 1985 against inchek tyres limited and national rubber manufacturers limited and thereafter in that execution case the present petitioner tyre corporation of indi a limited was added as (sic) present corporation after nationalisation of the aforesaid inchek tyre and national rubber manufacturers limited is the successor of the aforesaid two companies, in ..... mr. bhaduri, appearing on behalf of the petitioner, in this connection, has relied on the decisions of the supreme court in the case of maharashtra tubes limited v. state industrial and investment corporation of maharashtra ltd. reported in : [1993]1scr340 wherein it was held, inter alia, the supreme court that where ..... said act which does have an overriding effect over all other acts.10. as held by the supreme court in the aforesaid case of maharashtra tubes limited v. state industrial and investment corporation of maharashtra ltd., (1993 air scw 9 91) (supra) under section 22(1) of the said act .....
Tag this Judgment!Court : Karnataka
Reported in : 2008(6)AIRKarR111(DB)
..... 28.12.2005 forwarded to the petitioner by the rbi inviting modifications of the name of the company in the original license.4. the respondent is a public limited company incorporated under the companies act of india and had an account with the petitioner-bank and was from time to time availing various banking facilities from the ..... respondent had forwarded to the petitioner two bills of exchange for an aggregate value of rs. 50 lakhs drawn by respondent and accept ad by one kirloskar aad limit ad for payment on the due date duly endorsed for payment to the petitioner the respondent had also furnished to the petitioner two bank guarantees for an aggregate value ..... a perusal of second schedule of the reserve bank of india act, 1934 indicates that the name of the bank of tokyo was changed as the bank of tokyo-mitsubishi limited as per the procedure required under section 42(6)(c).banking regulation act, 194943. the banking regulation act, 1949 (b.r. act, 1949) originally called the banking .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1997SC645; (1997)3GLR2576; (1997)ILLJ1113SC; 1996(9)SCALE70; (1997)9SCC377; [1996]Supp9SCR579
..... we are beyond justice. in the latter situation property rules are violable, thus justice must be suspended. yet we live in a situation of limited abundance (or limited scarcity). this is why properly qua justice is useful. thus in humane the concept 'justice' reduces to the idea 'to each according to ..... the framework of service regulations made in the appropriate rules or regulations should be consistent with and subject to the same public law principles and limitations.(7) though the instrumentality, agency or person conducts commercial activities according to business principles and are separately accountable under their appropriate bye-laws or ..... clutch or private agents, juristic persons, corporation whole or corporation sole, their constitution, control and working would also be subject to the same constitutional limitations in the trinity, viz., preamble, the fundamental rights and the directive principles. they throw open an element of the public interest in its working. .....
Tag this Judgment!Court : Delhi
Reported in : 1987(29)ELT753(Del); ILR1985Delhi164
..... the coin. the other is the export promotion made by the export house. one cannot be separated from another. importers, including actualusers, actually spend the limited foreign exchange. an exporthouse, on the other hand earns additional foreign exchange! forthe national economy. this is the rationale in treating them as distinct classes. ..... tax act-state of u.p. v. indian hume pipe co. : air1977sc1132 .(121) these cases illustrate that mere textual interpretation(and absence of restrictive or limiting words)--was not acceptedas. decisive by the superior courts. courts have always insisted on evidence. if the grounds for classification are not supported by evidence and ..... strengthened. we are concerned with the quasi judicial order. even in case of administrative orders, external aids for supporting them areimpermissible. we have also a limitation of the jurisdiction of certiorari. only in an appeal it is possible to explore whether the impugned order can be saved on other grounds. inthis .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(1)ALLMR601; 2007(2)BomCR147
..... conditions are being adversely affected and the further state that they were petitioners in writ petition 2262 of 1984. they further state that maharashtra state textile corporation limited needed to be noticed because question of apportionment of liability between earlier employer and successor company was to be gone into. the industrial court appears to have ..... have been granted. on the contrary, from voluntary objection raised by member industrial court in facts of present case, it appears that industrial court became aware of limitations on its power in the matter and therefore asked petitioners to establish their locus. i do not find any propriety in joining respondent no. 3 industrial court in ..... once the state government comes to the conclusion that one or the other of the said conditions is satisfied, its power to make a reference is not limited to cases where notice of change has been given by the parties as required by section 42. it is an over-riding power which is intended to be .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1995(3)ALT228
..... at first sight, yet on close examination we find that there are in-built safe-guards which justify their falling in a different class. the first limitation is that they must normally entertain foreigners, non-resident indians and guests coming from outside the state for purposes of their business activity or the activity ..... import, transport and possession of intoxicants in certain districts. the submission made before the full bench was that possession of foreign liquor for private consumption without limit was permissible under section 20 of the act but the notification issued under section 37-a, which operated without prejudice to the provisions of section 20, resulted ..... question for consideration in the group of petitions under article 32, was whether sections 4 and 55 of the constitution (forty-second amendment) act, 1976 transgresses the limitation on the amending power. the minority judgment of p.n. bhagwathi, j. (as he then was) referred to the question before the supreme court thus: .....
Tag this Judgment!Court : Delhi
Reported in : [1989(58)FLR731]; ILR1988Delhi467
..... with him. the situations relating to the impracticability of the holding of an enquiry are already covered by the first proviso, but there are no such limitations, urges the counsel, in impugned proviso (ii) as it mentions only exceptional circumstances. other counsel for the petitioners have adopted these arguments.(18) our ..... law. the principles of reading down an impugned provision to save it from unconstitutionality have often been applied to keep the statutory provision within the limits of its scope. it is construed as operative between certain persons, or in certain circumstances, or for certain purposes only, even though the language ..... violence occurred at mayapuri, vikaspuri, khanpur, lawrence road, nehru place, naiafgarh and wazirpur. striking workers prevented private buses from plying, stoned buses and deflated tyres. most commuters were under incredible strain as most of the destinations were without a transport link. the private operators and bus drivers from other states were .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1973SC1461; (1973)4SCC225; [1973]SuppSCR1
..... power to make addition, variation or repeal of any provision of the statute. here again, the power conferred under the original article being a limited one, that limitation will continue to operate notwithstanding the change in the phraseology. the words 'addition, variation or repeal' only prescribe the modes or manner by ..... not upon constitutional provisions, nor upon legislative act, but upon the fundamental sovereignty of the people themselves" hoar, "constitutional convention : their nature, power and limitations", p. 52. as to this i think the answer given by willoughby is sufficient. he said: "the position has been quite consistently taken that ..... restraining the commonwealth from making the law. however, menzies, windeyer, walsh and gibbs jj. held in categorial terms that there is an implied limitation on commonwealth legislative power under the constitution on account of its federal nature. according to menzies j. a constitution providing for indissoluble federal commonwealth must .....
Tag this Judgment!Court : Karnataka
Reported in : 2009(4)KCCR2566(D.B)
..... reported in : (2003) 4 scc 289, the apex court reiterated the scope of the judicial review and examined the policy evolved by the government is limited and the court shall not interfere with such policy decision unless such policies are inconsistent with the constitution and the laws or arbitrary, irrational and amounts to ..... 575 crores. theapplication submitted for grant ofmining lease is in the name of m/s.kalyani ferrous industries ltd. thecompany has subsequently mergedwith m/s. kalyani steels limited.the company is already having asteel plant in ginigera, koppaltaluk and district. the company hasalready invested about rs. 600crores and put up a 3.5 lakh ..... herein (writ petitioner) to file writ petition no. 21608 of 2005, is as hereunder:2.2. the first respondent herein (writ petitioner), is a public limited company, registered under the companies act, 1956. it has industries in mining, power generation through non-conventional energy sources and industrial gases. it also proposes to .....
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