Court : Chennai
Reported in : 1986(23)ELT363(Mad)
..... 6 - " 9 " 5 " 38 " 35 " 39 " 40 " 61 -----------------------------------------------------------------------36. the provisions relating to the powers of officers under the customs act, the gold (control) act, and other central acts are analogous to some of the provisions contained in the criminal procedure code, whereunder the police officers have to investigate into the offences in compliances with those provisions as ..... the supreme court in eknath v. state of maharashtra , while examining the question whether the officer under the prevention of food adulteration act, 1954 (central act no. 37 of 1954), is vested with the power of "investigation" within the meaning of that expression as occurring in section ..... under section 377(1), criminal procedure code relating to an offence investigated by the forest officers under the provisions of the indian forest act (a central act) was not competent.44. before a division bench of the bombay high court in state of maharashtra v. laxmichand barhomal .....
Tag this Judgment!Court : Chennai
Reported in : (1984)ILLJ456Mad
..... of industries and institutions ...... the government, its agencies and instrumentalities, the corporations set up by the government under statutes and corporations incorporated under the companies act but owned by the government have thus become the biggest employers in the country. there is no good reason why, if government is bound to observe ..... the category of establishments under the central govt. referred to in s. 4(1) of the shops act. thus, the main question for consideration is whether the nationalised banks, i.e., banks constituted under act 5 of 1970, are establishments under the central govt. as contended for by the petitioner-banks.4. as ..... act with the government and that the nationalised bank as legal person has got a right to hold and acquire property, is liable to income-tax as any other indian citizen and in the manner of day-to-day administration and appointing and dismissing officers and staff, it has full freedom and that as such it is not under the government. a company .....
Tag this Judgment!Court : Chennai
Reported in : [1985]57CompCas126(Mad); (1984)IILLJ34Mad
..... before out learned brother, ramanujam, j. (see [1984] 64 fjr 140). the learned judge, on an analysis of the shops act and on going through the important provisions of the banking companies (acquisition of undertakings) act, 1970, hereinafter referred to as the nationalisation act, came to the conclusion that the bank of india was an establishment under the government of india and, therefore, section 4 ..... the government and the employees need not detain us. 31. originally banking companies were governed by part x-a of the companies act, 1913. in 1949, the banking regulation act was enacted. therefore, part x-a was repealed. under the banking regulation act, the reserve bank exercised several controls. by the nationalisation act (central act 5 of 1970), if a change was brought about in the structure of .....
Tag this Judgment!Court : Chennai
Reported in : (1985)2MLJ439
..... matter came up before our learned brother, ramanujam, j. the learned judge, on an analysis of the provisions of the shops act and on going through the important provisions of banking companies (acquisition of undertakings) act, 1970 hereinafter referred to as the nationalisation act, came to the conclusion that the bank of india was an establishment under the government of india, and therefore section 4 ..... between the government and the employees, need not detain us.29. originally, banking companies were governed by part x-a of the companies act, 1930. in 1949, the banking regulation act was enacted. therefore part x-a was repeated. under the banking regulation act, the reserve bank exercised several controls. by nationalisation act (central act v of 1970), if a change was brought about in the structure of .....
Tag this Judgment!Court : Chennai
Reported in : (1985)IILLJ509Mad
..... . industries which are carried on for their own purposes by incorporated commercial corporations which are governed by their own constitutions, as authorised by the indian companies act, cannot be described as carried on under the authority of the central government. the obvious reason to support the above finding is that these corporation ..... splitting up or amalgamation of the various banks and the net profit of all the nationalised banks resting with the govt. clearly indicate that the voice of the nationalised banks is the voice of the central govt. the nationalised bank is merely his master's voice. in order to fall within the expression ' ..... special cranes, road rollers and equipments for basic industries such as steel, non-ferrous metals, petrochemicals, caustic soda, soda ash, cement, sugar, paper, jute and cotton textiles and other industrial machinery. another major areas covered is the supply of a wide range of machine tools. the department also exercises administrative control .....
Tag this Judgment!Court : Chennai
Reported in : (1991)ILLJ163Mad; (1992)IMLJ131
..... in the strike. the employees' writ petition to quash the circular was allowed and the letters patent appeal, preferred by the nationalised bank was dismissed. the matter went to the supreme court. the two learned judges viewed the question in the following manner ..... workmen on their part called off the strike. the settlement was signed by responsible officers holding high ranks in the company, and it is too much for us to swallow the contention of the management that the officers who represented the ..... of law and it was ineffective and unenforceable, he drew our attention to a number of pronouncements. in kalinga jute products v. presiding officer, industrial tribunal 1980-i-llj-239 a bench of the high court of orissa was ..... is that after having trapped the union into an agreement and after having taken advantage of that agreement, the management acted vindictively and dishonestly against the terms of agreement on the pretext that the settlement was not binding on the management. .....
Tag this Judgment!Court : Chennai
Reported in : (1992)1MLJ131
..... 's salary of the employees, who participated in the strike. the employees writ petition to quash the circular was allowed and the letters patent appeal, preferred by the nationalised bank was dismissed. the matter went to the supreme court. the two learned judges viewed the question in the following manner:the principal question involved in the case, ..... settlement itself has not come into existence in the eye of law and it was ineffective and unenforceable, he drew our attention to a number of pronouncements. in kalinga jute products v. presiding officer, industrial tribunal (1980)1 l.l.j. 239 a bench of the high court of orissa was concerned with a case of a ..... the award, the employer should have been proceeded against under section 29 of the act, which speaks about penalty for breach of settlement or award; or under section 33-c (1) of the act, for recovery of benefits under the award.16. in madras bangalore transport company v. labour court, bangalore (1963-64)25 f.j.r. 244 a bench .....
Tag this Judgment!Court : Chennai
Reported in : AIR1991Mad323; 1991CriLJ2722
..... this it followed that there must be some one or more human persons who did, as a matter of fact, act on behalf of the company, and whose acts therefore must, for all practical purposes, be the acts of the company itself. the first of such bodies was clearly the body of the directors, to whom under must forms of articles ..... this into less formal language, what counsel for the directors submitted was that although it is perfectly true that the act of the members in passing certain special type of resolutions binds the company, their acts are not the acts of the company. there would, he submitted, be no real doubt about this were it not for the use of the curious ..... the competence -- at any rate those within the exclusive competence of a meeting of the members, the acts of the members are the acts of the company, in precisely the same way as the acts of the directors are the acts of the company. frgo, for any shareholder to vote against a resolution to issue the shares here in question to the .....
Tag this Judgment!Court : Chennai
Reported in : [1996]86CompCas747(Mad)
..... statute are beyond purview of the act. when banks advance loan or accept deposit or provide facility of locker they undoubtedly render service. a state bank or nationalised bank renders as much service as private bank. no distinction can be drawn in private and public transport or insurance companies. even the supply of electricity ..... on the reputation and future career of the professionals cannot in our view be effectively dealt with by the disputes redressal forums constituted under the act. the act declares that the opinion of the majority shall be the order of these forums and there is every likelihood of the president having no decisive ..... and surgical - other than paramedical services, would fall within the exclusionary clause 'contract of personal services' and, therefore, would be outside the purview of the act. 53. having regard to the above conclusions of ours, it has become unnecessary to pronounce upon the constitutionality of some of the provisions challenged by the petitioners. .....
Tag this Judgment!Court : Chennai
Reported in : (1995)2MLJ367
..... or agreed to be hired or availed of, by a complainant who under clause (b) of the definition clause means a consumer or any voluntary consumer association registered under the companies act, 1956 or under any law for the time being in force or the central government or any state government or where there are one or more consumers having the same ..... authorities created by the statute are beyond purview of the act. when banks advance loan or accept deposit or provide facility of locker they undoubtedly render service. a state bank or nationalised bank renders as much service as private bank. no distinction can be drawn in private and public transport or insurance companies. even the supply of electricity or gas which throughout the .....
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