Court : Supreme Court of India
Reported in : AIR2001SC1746; 2001(49)BLJR1173; [2001(89)FLR1038]; JT2001(5)SC59; 2001LabIC1734; (2001)IILLJ264SC; 2001(3)SCALE356; (2001)4SCC408; [2001]2SCR1177; 2001(2)SCT735(SC)
..... jute companies (nationalisation) act, 1980 (for short the 'nationalisation act') it stood transferred and vested in the central government with effect from 21.121.1980 ..... as is evident from section 12(1)(b) of the nationalisation act, which, to the extent relevant, reads :section 12 continuance of employees -(1) every person who has been, immediately before the appointed day, employed in any undertaking of any of the jute companies shall become, -(a) ............. ..... the management contended that the provisions of bihar act were not applicable to the appellant herein, the tribunal and the high court have found that by virtue of settlement dated 24.7.1983 and in view of section 12 of the nationalisation act and section 13 of the bihar act, rights and privileges more favourable to the ..... that:'as per the provision of the section 13 of the act, the benefits which the workmen were getting are protected and cannot be denied by the management and that they were enjoying 11 days' paid holiday and the said benefit is protected by section 12 of the nationalisation act also.'8. ..... (b) where the undertakings of the jute companies are vested in the jute manufacturers corporation, an employee of the said corporation, on and from the date of such vesting,and shall hold office or service under the central government or the jute manufacturers corporation, as the case may be, with the same rights and privileges as to pension, gratuity and other matters as would have been admissible to him if there had been .....
Tag this Judgment!Court : Supreme Court of India
Reported in : [2008]143CompCas325(SC); (2008)5CompLJ369(SC); (2007)213CTR(SC)301; [2008]297ITR176(SC); 2007(13)SCALE204; [2007]80SCL283(SC); 2007AIRSCW7443
..... law, economics or similar discipline;(b) one member each nominated by the institute of chartered accountants of india constituted under the chartered accountants act, 1949, the institute of cost and works accountants of india constituted under the cost and works accountants act, 1959 and the institute of company secretaries of india constituted under the company secretaries act, 1980;(c) one representative of the central government to be nominated by it;(d) one representative of the reserve bank of india to be nominated ..... schedule vi in respect of p&l; a/c; that, sub-section (3a) of section 211 inter alia provides that every p&l; a/c and balance-sheet of the company shall comply with the accounting standards and, therefore, according to learned counsel in the entire scheme relating to accounts and audit in part vi, chapter i, section 209 to section 233b of the companies act, the statutory mandate of keeping proper books of account on accrual basis is not allowed to be altered or encroached upon by any accounting ..... assets, loans, and advances:(a) inventories(b) sundry debtors(c) cash and bank balances(d) other current assets(e) loans and advancesless:current liabilities and provisions:(a) liabilities(b) provisionsnet current assets(4) (a) miscellaneous expenditure to the extent not written off or adjusted(b) profit and loss accounttotal:notes.-1 ..... v. indian jute ..... can either be by the central government or state government under list i or list ii of schedule vii to the .....
Tag this Judgment!Court : Gujarat
Reported in : IV(2006)ACC345; 2006ACJ2019; AIR2006Guj120; (2006)2GLR1257
..... section 140 corresponding to section 92-a of motor vehicles act, 1939 (chapter vii-a) provides for liability for payment of compensation without fault in cases of death or permanent disability ..... form of application for claims for compensation and the particulars it may contain, and the fees, if any, to be paid in respect of such application;(b) the procedure to be followed by a claims tribunal in holding an inquiry under this chapter;(c) the powers vested in a civil court which may be exercises by a claims tribunal;(d) the form and the manner in which and the fees (if any) on payment of which an appeal may be preferred against an award of a claims ..... the owner in question was involved in that accident, then the tribunal without inquiring into correctness of other objections that ma be raised by the insurance company would be entitled to make the award under section 140 and require the insurance company to pay specified amount to the claimants forthwith and thereafter investigate and inquire into the correctness or otherwise of the other objections that are raised either by ..... darshan devi 1979 acj 205 this court observed:-now that insurance against third party risk is compulsory and motor insurance is nationalised and transport itself is largely by state undertakings, the principle of no fault liability and on the spot settlement of claims ..... the insurance companies are now nationalised and the necessity for awarding lump sum payment to secure the interest of ..... : [1980]1scr300 , shivaji .....
Tag this Judgment!Court : Chennai
Reported in : (1980)ILLJ369Mad
..... the general insurance business (nationalisation) act, 1972, central act 57 of 1972, was passed to provide for the acquisition and transfer of shares of indian insurance companies, and undertaking of other existing insurers in order to serve better the needs of the economy by securing the development of general insurance business in the best interests of the community and to ensure that the ..... business (nationalisation) act, 57 of 1972, came into force, and under a notification issued thereunder the said society merged with the appellant-company. ..... 24 which occurs in chapter vii, under the heading 'miscellaneous', is significant from one ..... counsel for the appellant sought to contend that he could sustain the order on the basis that, when there is no specific provision for terminating the service of the first respondent by the appellant-company, the general presumption was that the employer could terminate the service of the employee by giving one month notice and that the order could be justified by holding that the appellant had the right ..... which occurs in this chapter, provides that every officer or other employee of the corporation or of an acquiring company shall be deemed to be a public servant for the purpose of chapter ix of the indian ..... of the act every officer or other employee of the corporation as well as of the acquiring company shall be deemed to be public servant for the purpose of chapter ix of the ..... chapter ..... chapter ..... chapter ..... chapter iii provides for the creation of the general .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(3)ALLMR546; 2008(3)BomCR408; (2008)110BOMLR951
..... the notices in question (published in the bombay government gazette)l in the year 1956 and 1957 were expressly in respect of 'forest' (not 'lands'); it is submitted that after the insertion of section 34a (interpretation clause in chapter v by the bombay act 62 of 1948) - by which act the expression 'or land' were also expressly deleted in section 35(3), the clear intention of the state legislature was that lands had first to be declared as 'forests' under the provisions of section 34a (by gazette notification) before ..... , after examining the evidence and, therefore, staying the stop work order was not warranted and may amount to violation of the provisions of the forest conservation act, 1980.6(g) it is brought to the notice of the hon'ble high court that the status of the private forest lands in question is still undecided i.e to say that it is still not certain whether the suit lands fall in the category of ..... it provides for penalties and procedure and contains several subsidiary and miscellaneous provisions. ..... since forest was a subject placed at entry 19 in list ii of section vii to the constitution of india (state list), the competent legislature in respect of indian forest act 1927 were the respective state legislature or their delegates. ..... bharat forge company ltd. ..... 496 of 2004 connected with company application no. ..... the petitioners state that vide order dated 12th august, 2004 passed by this hon'ble court in company petition no. ..... : 1988(36)elt201(sc) .ii) goldsmiths' company v. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2002SC1841; 2002(3)ALD113(SC); 2002(2)ARBLR676(SC); II(2002)BC430(SC); [2002]110CompCas685(SC); (2002)4CompLJ337(SC); JT2002(4)SC318; (2002)3MLJ144(SC); 2002(3)SCALE574;
..... have further alleged that had the plaintiff taken over the management of the company under the provisions of the industrial development and regulations act at the earliest date of default, the nationalisation of the two units of the first defendant under the sick textile undertakings (nationalisation) act, 1974 would not have occurred and the plaintiff would have realised its ..... has been raised in the written statement which is mainly on the question of entertainability of any suit on behalf of the plaintiff against the defendants, when all assets of the first defendant - company have vested in the government of india under the sick textile undertakings (nationalisation) act (hereinafter referred to as 'the act') and the compensation for the vesting of the mills in the government has already been declared. ..... and by reason whereafter the statute has provided both the creditor and the guarantor some relief as specified in this chapter of contract act (between section 130 to 141). ..... : [1980]3scr915 was dealing with a contra situation and came to a conclusion that by reason of the deliberate act of the principal debtor or the creditor and without the knowledge, consent and approval of the surety, question of further liability would not arise and in the contextual facts discharged the guarantor -- the situation presently, however, is converse thereto by reason of the fact that it is not by any definite act of the creditor or the ..... (with approval by this court) in naihati jute mills v. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2001SC1493; JT2001(3)SC554; 2001(2)SCALE586; (2001)5SCC212; 2001(2)SCT656(SC); (2001)2UPLBEC1232
..... so far as such scheme or notification provides (whether with or without retrospective effect) for any rationalisation or revision of pay scales or other terms and conditions of service of officers and other employees of the corporation or of any acquiring company, otherwise than in relation to, or in connection with, amalgamation of insurance companies of merger consequent on nationalisation of general insurance business shall be, and shall be deemed always to have bee, for all purposes, as valid and effective as if section 17a, as inserted in the principal ..... act by section 4, of this ordinance had been part of the principal act, and had been in force at all material times and such schemes or notification in so far as it provides as aforesaid had been framed or made, under the ..... consequently, the view taken by the industrial tribunal in its awarded dated 1.8.1980 in id no.17 of 1980 is liable to be reversed and the civil appeal remanded to the industrial tribunal for disposal in accordance with ..... chapter 5 of the act deals with scheme for re-organisation of ..... said act also deals with the scheme for reorganisation of 'general insurance business' in chapter v. ..... chapter 4 deals with the amounts to be .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1982SC697; (1982)2CompLJ793(SC); 1981(3)SCALE1775; (1982)1SCC125; [1982]2SCR1
..... under section 5 of the nationalisation act, the acquired properties were vested in a government company in order to carry out more conveniently the object of that act, and for that purpose, the properties were freed from all encumbrances by section 6 of the act. ..... section 5(1) of the coal mines (nationalisation) act, 26 of 1973, which applies in the instant case, the right title and interest of a nationalised coal mine vest, by direction of the central government, in the government company. ..... power conferred by the state legislature on special area development authorities to impose the property tax on lands and buildings is therefore not in conflict with the power conferred by the coal mines nationalisation act on the union government to regulate and develop the coal mines so as to ensure rational and scientific utilisation of coal resources. ..... (2) the parliament enacted the coal mines nationalisation act, 1973 for acquisition of coal mines with a view to reorganising and reconstructing such coal mines so as to ensure the rational, coordinated and scientific development and utilisation of coal resources as best to subserve the common ..... they provide:notwithstanding anything contained in this chapter, as and from the financial year 1976-77, there shall be charged, levied and paid for each financial year a tax on the lands or buildings or both ..... 13211 of 1979 and 3767 of 1980 are for intervention by the jammu and kashmir state agro industries corporation ..... : [1980]3scr331 , is even more to the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1997SC3297; JT1997(6)SC449; 1997(4)SCALE746; (1997)8SCC191; [1997]Supp2SCR305
..... and non tribal who deal with the land in scheduled areas by transfer inter vivos but all juristic person in the generic sense, including the corporation aggregate or corporation sole, state, corporation, partnership firm, a company, any person with corporate veil or persons of all hues, either as transferor or transferee so that the word 'regulate in para 5(2)(b) of the fifth schedule in relation to the land in scheduled areas would be applicable to ..... divisional officer or the prescribed officer as the case may be may by order, take over such land on payment of compensation in accordance with the principles specified in section 10 of the andhra pradesh ceiling on agricultural holdings act, 1961 (act x of 1961) and such land shall thereupon vest in the state government free from all encumbrances and shall be disposed of in favour of members of the scheduled tribes or a society registered or deemed to be ..... the concept of" legal personality" and the concept of 'person", in "elementary principles of jurisprudence" by keeton [1949 edition] relied on by shri rajeev dhawan, in chapter xiii at page 150, it is stated that in modern law, this personification by law is confined to certain definite limits, although this restriction is based, not upon ..... forest conservation act, 1980 (for short, the 'fc act') does ..... object of the nationalisation of the coalmine ..... bench of nine judges of this court considered nationalisation of the contract carriages. ..... nationalisation of coal mine for distribution .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2005SC851; 2005(5)ALLMR(SC)405; [2005(104)FLR820]; JT2005(1)SC449; (2005)ILLJ853SC; (2005)2SCC638; 2005(2)SLJ358(SC); (2005)2UPLBEC1470
..... in terms of a notification issued under section 6 of the maruti limited (acquisition and transfer of undertakings) act, 1980 (hereinafter referred to as 'the said act') the undertakings of the maruti limited (the company) has vested in the appellant. ..... on 9.6.1971 owing to operational and financial problems and later on the management was taken over by the central government under the coking coal mines (emergency provisions) act, 1971 followed by the coking coal mines (nationalisation) act, 1972. ..... das also cannot also be accepted inasmuch as in terms thereof only the provisions of the said chapter shall have effect notwithstanding anything inconsistent therewith contained in any other law including the standing orders made under the industrial employment (standing orders) act, but it will have no application in a case where something different is envisaged in terms of the statutory scheme. ..... chapter vi provides for appointment of the commissioner of payments for the purpose disbursing the amounts payable to the company under sections 7 and 8 of the said act and the procedure laid down therein. ..... chapter iv of the said act provides for management of the undertakings of the company. ..... chapter v provides for provisions relating to the employees of the company. ..... by reason of the provisions of the said act only a special machinery has been carved out for payment of dues of all persons including workmen in terms of the provisions contained in chapter vi of the said act. .....
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