Court : Karnataka
Reported in : (1999)ILLJ39Kant
..... . but, that was a case where the question, which was considered, was whether the expression 'pending enquiry' in relevant standing orders of the company included the enquiry of the industrial tribunal under section 93 of the industrial disputes act ..... the disposal of the case by the learned special judge, the suspension of the respondent-employee was revoked on september 25, 1990 without prejudice to the rights of the bank to initiate departmental/disciplinary action for the irregularities alleged against him as observed in the aforesaid judgment and the decision regarding his absence from duty from the date of his suspension to the date of reporting for duty and the payment or otherwise of back wages for ..... . in fact, while quoting the provisions of clauses (a) and (e) of section 6 of the general clauses act, 1897, the supreme court held that the repeal shall not revive anything not in force or efficiency investigation clause or the genera clauses act only supports the case of the appellant ..... of the learned 2 single judge, it was submitted on behalf of the respondent-employee that the service rules of 1966 having been repealed by another service rules in 1976, which has come into force on january 1, 1977, the attack made against the earlier rules must also fail and the provisions regarding repeal and savings will not be made applicable to the action and omissions said to have been done in 1977 when the suspension .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1995SC470; (1995)83CompLJ30(SC); JT1994(7)SC215; 1994(4)SCALE642; 1995Supp(1)SCC499; [1994]Supp4SCR723
..... of section, 29, inter alia was to ensure that a company (other than banking company) in which the non-resident interest was more than 40% must reduce in to a level not exceeding 40% (needle industries ( ..... under section 29 of the foreign exchange regulation act (as it stood originally), a person resident outside india or a company (other than banking companies) which was not incorporated in india or in which the non-resident interest was more 40%, could not carry on business in india or establish in india a branch office ..... been argued that assuming that the jurisdiction of the company court is not barred but it is parallel, then as a matter of propriety the company court should await the decision of the mrtp commission with regard to the issues ..... also be noticed that section 11 of foreign exchange regulations act, 1973 which had empowered the reserve bank to put restrictions on transfer of any asset in india to a person resident outside india or a person intending to become resident outside india, has now been repealed with effect from 8.1.1993 by the amending act 29 of 1993. ..... against probable retrenchment as the employees of hll were already surplus was rejected as of no substance since such disputes if necessary could be raised in labour court. ..... : [1955]27itr1(sc) , the position of a shareholder was explained thus :there is nothing in the indian law to warrant the assumption that a shareholder who buys shares, buys any interest in the property of the company which is juristic person .....
Tag this Judgment!Court : Chennai
..... act is a special statute devoted wholly to investigation and settlement of industrial disputes which provides definitionally for the nature of industrial disputes ..... bank by virtue of the power conferred on it under the banking companies nationalization act ..... cases pending before the court and case numberw.p.no.8450 of 2012m.azeezclerk 31.10.2006viii additional principal special judge for cbi cases, chennai in c.c.nos.3/2001, 13/2001, 14/2001, 15/2001 and 81/2001w.p.no.8451 of 2012ar.arunachalamclerk 31.10.2011-do- c.c.no.1 of 2000w.p.no.8452 of 2012g.v.srinivasanclerk 30.11.2007-do- c.c.nos.80 of 2001 and 15 of 2001w.p.no.8453 of 2012t.s.venkateswaranclerk 31.01.2010-do- c.c.no.71 of 2001w.p.no.8454 of 2012k.s.elangoofficer 30.06.2011-do- c.c.no.71 of 2001w.p.no.8455 of ..... article, note, document or information, such as is mentioned in section 5 of the official secrets act, 1923 (19 of 1923) which was obtained, while holding office in the bank so as to prejudicially affect the interest of the general public or the security of the state.c)the expression 'fraudulently' shall have the meaning assigned to it under section 25 indian penal code, 1860 (45 of 1860);d)the expression ' ..... craies states the law correctly:29 the general rule, that prior statutes are held to be repealed by implication by subsequent statutes if the two are repugnant, is said not to apply if the prior enactment is special ..... decisions leaves us in no doubt that the id act being special law, prevails over the lic act .....
Tag this Judgment!Court : Delhi
..... in the context of a dispute between workmen and management (of lic), the lic act or the industrial disputes act is a special statute. ..... are rent control tribunal under the rent control act and labour court/industrial tribunal under the industrial disputes act, 1947. ..... apex court further held: .vis-a-vis 'industrial disputes' at the termination of the settlement as between the workmen and the corporation the id act is a special legislation and the l.i.c. ..... likewise, industrial disputes act, 1947 creates special rights in favour of the workman or employers and gives special powers to the industrial adjudicators/tribunals to even create rights which powers are not available to civil ..... 1984, the sick industrial companies (special provisions) act, 1985 and the small industries development bank of india act, 1989. ..... with the creation of these alternate fora with all trappings of the court and with the decision of the disputes which were hitherto dealt with by the civil courts, can it be said that parties are now totally precluded and prohibited of exercising their choice of domestic forum in the form of arbitral ..... in this context, explaining the concept of a special law or statute, of mr.tripathi endeavored to build step by step edifice of his submissions in the following manner: (a) section 9 of cpc makes it clear that every party has a right of recourse to civil remedy before a duly constituted civil court unless the remedy is barred either expressly or by ..... budharaj, (2001) 2 scc 721 .....
Tag this Judgment!Court : SEBI Securities and Exchange Board of India or Securities Appellate Tribunal SAT
..... , mr subhash chand sethi, vice chairman & managing director and mr sushil kumar sethi, managing director asking them to show cause as to why appropriate directions should not be issued against them under section 11b of sebi act, 1992 ( for brevity's sake referred to as the act) read with regulations 11 & 12 of securities and exchange board of india (prohibition of fraudulent and unfair trade practices relating to the securities markets) regulations, 1995 (for brevity's sake hereinafter referred to as 'the ..... issued by the investigating officer was not stated to have been issued on behalf of sebi and did not refer to any report being filed by the investigating officer to sebi or sebi having considered any report or any decision being taken by sebi to issue the show cause notice and hence the same was not in accordance with law and no action ought to have been initiated on that basis.27. it was stated that mr. p. c ..... . i have noted that m/s zoom industrial services ltd, a listed company is stated to be an associate of spml and that shri subhash chand sethi, one of promoter directors of spml was also a director of zoom at the relevant time, as per the letter dated 4th november, 1995 of vysya bank, hb sarani branch, calcutta regarding overdraft facilities ..... in this connection, copies of annual reports for the years 2001-2002 and 2002-2003 were enclosed. .....
Tag this Judgment!Court : Chennai
..... act is a special statute devoted wholly to investigation and settlement of industrial disputes which provides definitionally for the nature of industrial disputes ..... bank by virtue of the power conferred on it under the banking companies nationalization act ..... cases pending before the court and case numberw.p.no.8450 of 2012m.azeezclerk 31.10.2006viii additional principal special judge for cbi cases, chennai in c.c.nos.3/2001, 13/2001, 14/2001, 15/2001 and 81/2001w.p.no.8451 of 2012ar.arunachalamclerk 31.10.2011-do- c.c.no.1 of 2000w.p.no.8452 of 2012g.v.srinivasanclerk 30.11.2007-do- c.c.nos.80 of 2001 and 15 of 2001w.p.no.8453 of 2012t.s.venkateswaranclerk 31.01.2010-do- c.c.no.71 of 2001w.p.no.8454 of 2012k.s.elangoofficer 30.06.2011-do- c.c.no.71 of 2001w.p.no.8455 of ..... article, note, document or information, such as is mentioned in section 5 of the official secrets act, 1923 (19 of 1923) which was obtained, while holding office in the bank so as to prejudicially affect the interest of the general public or the security of the state.c)the expression 'fraudulently' shall have the meaning assigned to it under section 25 indian penal code, 1860 (45 of 1860);d)the expression ' ..... craies states the law correctly:29 the general rule, that prior statutes are held to be repealed by implication by subsequent statutes if the two are repugnant, is said not to apply if the prior enactment is special ..... decisions leaves us in no doubt that the id act being special law, prevails over the lic act .....
Tag this Judgment!Court : Mumbai
..... appeal or other proceeding of whatever nature relating to the said financial asset is pending by or against the bank or financial institution, save as provided in the third proviso to sub-section (1) of section 15 of the sick industrial companies (special provisions) act, 1985 (1 of 1986) the same shall not abate, or be discontinued or be, in any way, prejudicially affected by reason of the acquisition of financial asset by the securitisation company or reconstruction company, as the case may be, but the suit, appeal or other proceeding may be continued, prosecuted and enforced ..... filed by the respondent company disputing the claim of many of the petitioners on merits, one composite affidavit dated 22 june, 2016, has been filed inter alia contending that the respondent company has filed a reference before the board for industrial and financial reconstruction ( bifr ) and which was registered on 10 december, 2015, and therefore, these petitions cannot proceed in view of the bar contained in section 22 of the sick industrial companies (special provisions) act, 1985 (for short ..... with this situation, mr kadam learned senior counsel appearing on behalf of the respondent company, placed reliance on a decision of a division bench of delhi high court in the case of asset reconstruction ..... the committee recommended that sica, 1985 should be repealed and the provisions contained therein for revival and rehabilitation, should be telescoped into the structure of the companies act, 1956 itself. .....
Tag this Judgment!Court : Karnataka
..... (ix) any person who is the president, secretary or other office-bearer of a registered co-operative society engaged in agriculture, industry, trade or banking, 10 receiving or having received any financial aid from the central government or a state government or from any corporation established by or under a central, provincial or state act, or any authority or body owned or controlled or aided by the government or a government company as defined in section 617 of the companies act, 1956 (1 of 1956); (x) any person who is a chairman, member or employee of any service commission or board ..... it cannot be lost sight of that the 1988 act, as its predecessor, that is, the repealed act of 1947 on the same subject, was brought into force with the avowed purpose of effective prevention of ..... the government or a government company as defined in section 617 of the companies act, 1956 (1 of 1956); (iv) any judge, including any person empowered by law to discharge, whether by himself or as a member of any body of persons, any adjudicatory functions; (v) any person authorised by a court of justice to perform any duty, in connection with the administration of justice, including a liquidator, receiver or commissioner appointed by such court; (vi) any arbitrator or other person to whom any cause or matter has been referred for decision or report by a court ..... it is not disputed that the respondent-accused is in service of a cooperative central bank which is an authority or body controlled and aided .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Jaipur
Reported in : (2000)74ITD203(JP.)
..... the scope and effect of the amendment was explained by the board in the following circular : "deduction in respect of provisions made by banking companies for bad and doubtful debts. 17.1. ..... it was also observed by the ao that the tribunal had not given any specified finding regarding the accounting entries and that it had issued directions to the ao to examine the position regarding the disputed debt at the beginning of the year and the changes that took place during the relevant accounting period which prompted the assessee to conclude that the same had become bad.it was also observed by ..... (supra), the hon'ble madras high court has held that "the dictionary meaning of the word "plant" comprehends buildings employed in carrying on trade or other industrial business and hence the special reinforced concrete foundation for the purpose of locating or installing the rotary kiln in the assessee's factory would come within the scope of the expression "plant" and would be entitled ..... , wherein it is mentioned that "the sections in the act do not overlap one another; each section deals only with the matter specified therein and goes no further, and each section completely covers the matter with which it deals ..... prevented the parliament from making a specific provision of repeal so as to get rid of the situation created in the field of law by the decision of the supreme court in aditya v. ..... cit (1955) 28 itr 919 (bom) and cit vs.canara bank (1992) 195 itr 66 (kar ..... cit (1955) 27 itr 658 (bom .....
Tag this Judgment!Court : Supreme Court of India
..... (1) notwithstanding anything contained in any other law for the time being in force, if any dispute (other than a dispute regarding disciplinary action taken by a multi-state co-operative society against its paid employee or an industrial dispute as defined in clause (k) of section 2 of the industrial disputes act, 1947) touching the constitution, management or business of a multi-state co-operative society arises- (a) among members, past members and persons claiming through members, past members and deceased members, or (b) between a member, past member or a person ..... (2) without prejudice to the provisions contained in the general clauses act, 1897 (10 of 1897) with respect to repeals, any notification, rule, order, requirement, registration, certificate, notice, decision, direction, approval, authorisation, consent, application, request or thing made, issued, given or done under the multi-state co-operative societies act, 1984 (51 of 1984) shall, if in force at the commencement of this act, continue to be in force and have effect as if made, issued, given or done under the corresponding provisions of this act. ..... a demand notice dated 12.6.2001 was then issued by the bank under rule 22 of the multi state co-operative society rules, 1985 against all the three said persons for a principal amount of rs. ..... , air1946fc16 in that decision section 171 of the indian companies act, 1913 came up for consideration. .....
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