Court : Karnataka
Reported in : ILR1991KAR1962
..... section 18(g) and 25 of the industries (development and regulation) act, 1951 (hereinafter referred to as the 'act ..... to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, direction or order under article 226 of the constitution of india -i) directing respondents 1 to 3 their subordinate officers, servants and agents to cancel and/or withdraw and/or set aside the cement control order 1967 as amended from time to time and as presently operative;ii) in the alternative directing respondents 1 to 3 their subordinate officers, servants ..... determination is made on making indepth study by the high level committee as appointed in the instant case, and that committee studies all the aspects of the matter and makes a detailed report and on the basis of that report the central government fixes the retention price, it is not for this court to go into the matter and record a finding contrary to the one arrived at by the expert committee as long as it is ..... forms of establishing for prices and in these circumstances it reluctantly agrees that the basic structure of the present system of control on prices and distribution despite its obvious disadvantages, ..... in peculiar measure for the use of that enlightened judgment which the commission by training and experience is qualified to form...it is not the province of a court to absorb this function to itself..the judicial function is exhausted when there is found to be a rational basis for the conclusions approved .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1990MPLJ281
..... court of the district judge, ujjain had held that the assessing authority of the corporation was not competent to proceed with the assessment proceedings for imposing property tax in view of the notification issued by the central government under sub-clause (b) of section 18-fb(1) of the industries (development and regulation) act, 1951 (for short 'the act') to assess and recover the tax during the duration of such notified order or till the duration is extended from time to time by further notified orders issued under ..... a case arising out of the proceedings under section 33-c(2) of the industrial disputes act, a remedy for enforcement of a right, after considering the scheme, aims and object of section 18-fb and the distinct object of the two powers of central government under section 18-fb(1)(a) and (b), and the meaning assigned to the expression 'instrument' used in the context in clause (b) of section 18-fb of the act, held that the intention of the legislature is to include within its sweep under clause (b) of section 18-fb(1) of the act not only the rights and obligations arising under the contract, but also ..... if such a liability does not remain suspended, then the object of section 18-fb(1)(b) of the act, which gives breathing time to the industry to improve its sale and to stand on its own footing with a view to preventing fall in production and in the interest of general public and also in the interest of the workers, who are employed in the industry is not achieved. .....
Tag this Judgment!Court : Karnataka
Reported in : 2009(1)KarLJ141; 2009(4)AIRKarR80
..... haranahalli appearing for the counsel for the petitioner contends as follows:that in terms of a notification dated 11.9.1998 of the fourth respondent, in exercise of its power under section 29(b)(1) of the industries (development and regulation) act, 1951 (hereinafter referred to as the '1951 act') the sugar industry came to be de-licensed. ..... post 1$98 the government of india has de-licensed the sugar industry and therefore, persons interested could establish a mill without a licence but, were required to file an ibm, disclosing the details of ..... that the sixth respondent by an iek dated 29.5.2005 intimated the fourth respondent its intention to establish a sugar mill in tumkur village of yadgir taluk in gulbarga district and also requested the first respondent, by its letter dated 27.9.2005, for permission to set up a sugar mill and also requested for reservation of cane command area in yadgir taluk of gulbarga district and devidurga taluk of raichur district, by a letter dated 27.9.2005.6. ..... the 2006 order has laid down, steps like purchase of required land in the name of the mill, placement of orders for purchase of plant and machinery, opening of letter of credit with suppliers, payment of advances, commencement certificate of civil works, sanction of loans from financial institutions and any other steps prescribed by the central government, further an entrepreneur genuinely interested in setting up a sugar mill has to prove his bona fides by furnishing a bank guarantee for rs. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1997(58)ECC59; 1997(91)ELT502(SC); JT1997(3)SC101; 1997(2)SCALE263; (1997)4SCC452; [1997]2SCR252
..... conditions:(i) the importer undertakes conversion of the said jumbo rolls by slitting or confectioning into finished products; (ii) the importer holds an industrial licence under the industries (development and regulation) act, 1951 (65 of 1951), for slitting and confectioning of photo-sensitised materials from jumbo rolls.according to the appellant the benefit of this concession in import duty on the jumbo rolls ..... section (1) thereof lays down that, 'the central government shall constitute an appellate tribunal to be called the customs, excise and gold (control) appellate tribunal consisting of as many judicial and technical members as it thinks fit to exercise the powers and discharge the functions conferred on the appellate tribunal by this act ..... be, the customs and excise revenues appellate tribunal established under section 3 of the customs and excise revenues appellate tribunal act, 1986, for the determination of such points arising out of the decision or order as may be specified by the board in its order.section 129-da gives powers of revision to board or collector of customs in certain cases and as we are ..... constitution bench in that case was as to whether advocate general of the high court who was to be issued a notice in disciplinary proceedings by the bar council as per the provisions of section 35(2) of the advocates act, 1961 had locus standi to prefer an appeal against the order of the disciplinary authority under section 37 of the advocates act before bar council .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2006SC2927; [2006]134CompCas164(SC); (2006)6CompLJ448(SC); JT2006(7)SC285; 2006(7)SCALE627
..... the management of the new manekchowk spinning and weaving mills company limited was taken over in terms of section 18(1) of the industries (development & regulation) act, 1951. ..... payable by erstwhile owner cannot be recovered from the central government or the corporation, stating:the submission is that since the act has been enacted to protect the interests of the workmen employed in the textile undertakings whose management has been taken over, sub-section (7) of section 3 should be construed in a manner that the interests of the workmen are protected and are not jeopardised and therefore, sub-section (7) of section 3 should be confined in its application to liabilities other than the liabilities relating to the ..... it, while carrying out the management of the mill, could have incurred loan on behalf of the owner but if it had furnished any guarantee, the same would constitute an independent act, although furnished for obtaining loan or continue to obtain the facilities for running the mills. ..... it might have encouraged the authorized controller to revive the functioning of the mills upon continuing to obtain the facilities of the erstwhile owners from the banks and other industrial institutions for revival of the mill as a part of social welfare measure. ..... under the act, however, it could not have intermeddled with the affairs of the functioning of the mills by the authorized controller. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1993KAR3153; 1993(4)KarLJ604
..... industry engaged in the manufacture or production of alcohol and other products of fermentation industries were brought under the first schedule to the industries (development and regulation) act, 1951 (hereinafter referred as 'idr act'). ..... but in the absence of any provision in industries (development and regulation) act touching upon regulation or ensuring that industrial alcohol was not diverted the state was competent to legislate on it under entry 33 of list iii of vii schedule which is extracted below ..... there is no requirement under the constitution that after the parliamentary declaration there should be either a ban or a notification to establish that the subject has fallen within the legislative jurisdiction of the centre; mere intention to occupy the field is sufficient to establish that the subject is occupied by the ..... 's case : [1961]2scr537 and,(ii) section 18g of the central act is so extensive that no field was left to the state to operate its law on the subject matter covered by the central law.actually, it was not a case for the application of the doctrine of ..... the withdrawal of the control orders is expected to provide a better opportunity for all the sectors dependent on molasses to function optimally in a free market economy.while making the decision to decontrol molasses and alcohol, the government has emphasised the need to ensure that there is no undue diversion of molasses to the potable alcohol ..... , speaking for the privy council in shyamakant lal's case (air .....
Tag this Judgment!Court : Chennai
Reported in : 1999(2)CTC364; (2000)ILLJ340Mad
..... the industries (development and regulation) act, 1951 empowers the central government alone to retain absolute control of the industries mentioned in the first schedule to the act and in section 2 of the act it is laid down that in public interest, central government alone should take under its control the industries specified in the first schedule appended to the act. ..... (ii) when the management and control of the industrial undertaking had already been taken over by the central government under the provisions of the industries (development and regulation) act, the state govern-ment is not competent to legislate the impugned enactment;(iii) the impugned act is not protected by article 31c of the constitution of india;(iv) the compensation payable under the impugned act to the petitioner is illusory, inadequate and hence the impugned act is liable to be declared as void;(v) the impugned legislation is arbitrary and violative of articles 14 and 19(1)(g) of the constitution of india.17. ..... the preamble of the act and the particulars mentioned in the counter affidavit of the government disclose that the industrial undertaking had remained closed and was not functioning for a number of years due to financial difficulties and other various constraints. ..... it is also clear from the records that the mills had remained closed and was not functioning from 30.7.1976 due to financial difficulties and other reasons. .....
Tag this Judgment!Court : Gujarat
Reported in : [1971]41CompCas1098(Guj); (1972)0GLR33
..... ahmedabad, an industrial undertaking in respect of which an investigation has been made under section 15 of the industries (development and regulation) act, 1951 (65 of 1951), is being managed in a manned highly detrimental to public interest : now, therefore, in exercise of the powers conferred by section 18a of the said act, the central government hereby authorises ..... which is referred to in section 4(1)(a)(i) mentions two central acts, namely, 'the industrial employment (standing orders) act, 1946 (xx of 1946) 'and' the industrial disputes act, 1947 (xiv of 1947)', the bombay acts, namely, 'the bombay industrial relations act, 1946 (xi of 1947)' and 'the bombay shops and establishments act, 1948 (lxxiv of 1948)' and one saurashtra act, one hyderabad act and two madhya pradesh act with which we are not ..... sections of the state act also infringe the fundamental rights to hold property contemplated by article 19(1)(f) of the constitution; and (4) if was alternatively contended on behalf of the petitioners that even if it is believed that the impugned sections 3 and 4 of the state act are intra vires the constitutions, the notifications issued under these two sections are vitiated because the notification under section 3 is beyond the scope of that section, and the notification issued under section 4 is issued by the government without applying its ..... 'the legislature cannot delegate its function of laying down legislative policy in respect of a measure and its formulation as a rule .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1962MP80
..... act is to establish a central advisory council and development council for the development and regulation of industries specified in the schedule to the act and to prohibit any person or authority other than the central government from establishing any undertaking pertaining to a scheduled industry except under a licence issued under the act, an industry engaged in the manufacture or production of 'non-ferrous metals including alloys' and semi manufactures thereof is a scheduled industry ..... act controls the development and regulation of a number of important industries, the activities of which affect the country as a whole, and the development of which is governed by economic factors of all-india import section 2 of the act says that it is expedient in the public interest that the union should take under its control the industries ..... has been granted a licence under the industries (development and regulation) act, 1951, (annexure 4) for manufacturing fireclay bricks, high alumina bricks and mortars and masses at katni, madhya pradesh, by government of india, ministry of commerce and industry. ..... under one or other of the powers conferred by the constitution but in truth and fact not falling within the content of that power is merely coiourably constitutional but is really not so, and when a legislature has a limited or qualified power and has got to act within a certain circumscribed sphere, tne question whether in purporting to act under res powers, it has, in substance, gone beyond .....
Tag this Judgment!Court : Delhi
Reported in : [1996]87CompCas599(Delhi); 1996(36)DRJ349
..... 'explanation: for the purposes of this note (a)'owned' shall have the meaning as derived from the definition of the expression 'owner' specified in clause (f) of section 3 of the industries (development and regulation) act,1951. ..... that under section 11-b of the' industries (development and regulation) act, (in short the idr act) makes it clear that investment ceiling is one of the factor to be taken into account to find that small scale industrial unit is not a subsidiary of or owned and controlled by any other undertaking. ..... by interpreting the intention of the legislature by the use of the expression 'industrial undertaking' and 'factory' appearing in section 3(d) and 3(j) mr.jaitely drew the conclusion that even if a company carries on business of different products, but if it requires its industrial undertaking to he a small scale industrial undertaking it has to prove and establish that that unit is manufacturing a reserved product. ..... it also notified the criteria for constituting a small scale industry and its investment limit not exceeding rs.10 lakhs. ..... in this view of the matter, mrjaitley contended that reading of section 11b read with the notifications issued under section 29 read with section 3(d), by no stretch of imagination the central government became empowered to club various industrial undertakings of the first petitioner on the basis of its directors being directors of another unit. ..... all its existing undertaking are functioning under its umbrella. .....
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