Skip to content


Judgment Search Results Home > Cases Phrase: jute companies nationalisation act 1980 chapter vii miscellaneous Page 8 of about 328 results (0.077 seconds)

Feb 20 1995 (HC)

Assistant Commissioner of Income Tax Vs. A.K. Menon, Custodian and ors ...

Court : Mumbai

Reported in : 1996(5)BomCR564

..... in this case, the question was whether under the provisions of the sick textile undertakings (nationalisation) act, 1974, the commissioner for payment was bound to pay a claim along with interest thereon. ..... apart from that with the apparent involvement of so many financial institutions and banks, most of them nationalised bodies, the possibility also existed of these bodies being embroiled in unnecessary and protracted litigations against each other. ..... those obligations which are enforceable in an english court, and on the other hand that its meaning is extended- i do not know how far- but at least so far as to cover liabilities for foreign tax in respect of which the company might have been sued in the court of the country imposing it.my lords, i have no hesitation in adopting the former of these meanings. ..... the supreme court whilst considering this question in the context of section 530(1)(a) of the companies act, held that the priority was in respect of such debts which were born within the time frame of those twelve months and as such due and becoming due and payable within those twelve months ..... the income tax act carries within it a dichotomy in this regard and this dichotomy would be destroyed if penalty is constructed as only a part of the tax : [1980]122itr1014(mad) .'57. ..... 82 of vii the schedule of constitution of indian where union of india (central government) is empowered to levy and collect 'taxes' on income other than agricultural income. .....

Tag this Judgment!

May 01 1987 (HC)

Parkash Singh Badal and ors. Vs. Union of India and ors.

Court : Punjab and Haryana

Reported in : AIR1987P& H263

..... the bill and thereupon the constitution shall stand amended in accordance with the terms of the bill; provided that if such amendment seeks to make any change in -(a) article 54, article 55, article 73, article 162 or article 241, or (b) chapter iv of part v, chapter v of part vi, or chapter i of part xi, or (c) any of the lists in the seventh schedule, or (d) the representation of states in parliament, or (e) the provisions of this article, the amendment shall also require to be ratified by the legislature of not less ..... after all to give supreme legislative power to a miscellaneous body of 615 men and women, mostly amateurs in politics, would not produce ..... . chapter iii of part v ii of the 1951 act provides list of the electoral offences and also prescribes penalty and punishments therefor.if the above mentioned provisions of clauses (5) and (6) of article 324 of the constitution and the above quoted provisions of ..... following illuminating observation of the constitutional bench in associated cement companies ltd ..... . union of india (air 1980 sc 1789) that judicial review is a basic and essential feature of the constitution and no law passed by parliament in exercise of its constituent power can abrogate ..... union of india, air 1980 sc 1789 thus:'the principle of reading down the provisions of a law for the purpose of saving it from a constitutional ..... ) made in minerva mill's case air 1980 sc 1789) (supra):--'................... ................... .................... ..... india, air 1980 sc 1789, .....

Tag this Judgment!

Jan 29 2004 (HC)

Ranga Reddy District Sarpanches' Association and Ors. Vs. Government o ...

Court : Andhra Pradesh

Reported in : 2004(2)ALD1; 2004(1)ALT659

..... conditions of service and salaries and allowances of members, as also the functions of the commission.part-via sets out special provisions relating to panchayats, mandal parishads and zilla parishads located in scheduled areas.part-vii sets out miscellaneous provisions in relation to the local bodies at various levels, including powers of the government to issue directions, to remove a sarpanch, president or a chairperson, to dissolve a gram parishad, mandal parishad or zilla parishad, provisions for delegation of powers, provisions ..... into 8 parts:part-i consists of sections 1 and 2, which set out the short title, extent and provisions relating to commencement of the act and the definitions.part-ii chapter-i sets out provisions relating to constitution, administration and control of gram panchayats including provisions relating to election of members, reservation of seats, term of office, qualifications and disqualifications of candidates, resignation of members, upa-sarpanch and sarpanch, appointment ..... union of india, : [1970]1scr479 , calcutta gas company (proprietary) ltd., v. ..... lord bishop, (1980) 5 ac 214 (hl) and commr. ..... sirs, (1980) 1 all er 529:'it endangers continued public confidence in the political impartiality of the judiciary, which is essential to the continuance of the rule of law, if judges, under the guise of interpretation, provide their own preferred amendments to statutes which .....

Tag this Judgment!

May 09 1980 (SC)

Tara Prasad Singh and ors. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR1980SC1682; (1980)4SCC179; [1980]3SCR1042

..... chapter ii of the coal mines (nationalisation act deals with acquisition of the rights of owners of coal mines, chapter iii with payment of amounts to owners of coal mines, chapter iv with management of coal mines, chapter v lays down provisions relating to employees of coal mines, chapter vi contains provisions governing the payments of amounts to be made by the commissioner of payments and the last chapter, chapter vii, contains miscellaneous provisions.38. ..... in view of the policy followed by the central government that the coal industry is to be in the nationalised sector, it was decided that the coal mines nationalisation act, 1973 should be enacted to provide for termination of all privately held coal leases except those held by privately owned steel companies, so that it may be possible for the central government, government company or corporation to take mining leases where necessary, after the necessary exploration has been made as to the extent of the deposits .....

Tag this Judgment!

Apr 18 1984 (HC)

C.V. Raman Vs. the Management of Bank of India, Regional Office, South ...

Court : Chennai

Reported in : (1985)2MLJ439

..... 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 (1)(c) of the shops act would apply, which means the bank will fall out of the purview, of the shops act. ..... : (1975)illj399sc on an analysis of the decision of the supreme court, the learned judge held that two propositions would clearly emerge:(1) a statutory corporation, such as the bank, whose peculiar features can be gathered from the nationalisation act, can be taken to be owned by the central government or at any rate it would be an 'agency' or 'instrumentality' of the central government. ..... a close analysis of the life insurance act of 1956 and the nationalisation act of 1970, leaves no room for doubt that the nationalised bank is an establishment under the government of india. ..... another objection was raised that the work of the respondents herein involved travelling and therefore, chapter iii of the said act, which deals with hours of work, holdings and payment of overtime wages would not apply to them. ..... vijayanarain : (1980)illj222sc , and the observations made by the learned judge (chinnappa reddy, j. ..... vijayanarain : (1980)illj222sc and contends that the interpretation placed by the petitioner cannot be accepted.40. .....

Tag this Judgment!

Jun 16 1999 (HC)

Kanoria Jute and Industries Ltd. and Ors. Vs. Employees' State Insuran ...

Court : Kolkata

Reported in : (2003)ILLJ364Cal

..... maintenance work shall be deemed to be the occupier for the purposes of any matter provided for by or under section 13, section 14, section 16 or section 17 (save as otherwise provided in this proviso) or chapter iv (except section 27) or section 43, section 44 or section 45, chapter vi, chapter vii, chapter viii or chapter ix of section 108, section 109 or section 110, in relation to-(a) the workers employed directly by him, or by or through any agency, and(b) the machinery, plan or premises in use for the purpose ..... this writ petition are that sub-section g(i) of section 85 having made the offence under sub-section (a) of section 85 punishable with compulsory imprisonment, the petitioner/company, a juristic person cannot be asked to suffer imprisonment and again if the company cannot be made liable for the offence since it prescribed compulsory imprisonment, its managing director and a director respectively being not the principal employers as per the definition ..... again section 86-a of the said act, 1948 provides as under:offence by companies :-(1) if the person committing an offence under this act is a company, every person who at the time the offence was committed was incharge of, and was responsible to, the company for the conduct of the business of the company, as well as the company shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:provided that ..... and miscellaneous provisions act, ..... east india jute and hessian ..... 1980 .....

Tag this Judgment!

Nov 16 1992 (SC)

indra Sawhney Etc. Etc Vs. Union of India and Others, Etc. Etc.

Court : Supreme Court of India

Reported in : AIR1993SC477; [1992]Supp2SCR454; 1992DGLS(soft)768:1992Supp(3)SCC217

..... exhibition of sudden alacritynot on objective consideration but for extraneous reasons, acceptance of the report without any discussion or debate in the parliament which was the least considering the far-reaching consequences of such report, acting by executive order instead of legislative measure, when reservation for backward class was being made in union services for the first time, propriety of basing the action on a report rendered 10 years ..... the reservation is of such a magnitude that the rule regarding equality of opportunity has been destroyed and the court will then come to the conclusion whether the local government or the state government has acted in a reasonable and prudent manner.since this court has consistently held that the reservation under articles 15(4) and 16(4) should not exceed 50% and the states and the union have by ..... . chapter-vii ..... . the commission commenced its functioning on 21st march, 1979 and completed its work on 12th december 1980, during the course of which it made an extensive tour throughout the length and breadth of india in order to collect the requisite ..... a measure to ensure equality of status besides equality of opportunity.part - vi(questions 9, 10 & 11 and other miscellaneous questions).question no ..... orders are regarded as legislative or executive or whichever nomenclature one may ascribe to it, the test for judicial review laid down in shri sitaram sugar company ..... ..... 4 scc; (7) prag ice company v ..... . company law board : [1967]1scr898 , which .....

Tag this Judgment!

Mar 14 1990 (HC)

Regional Provident Fund Commissioner Vs. Rabindra Chandra Chamaria and ...

Court : Kolkata

Reported in : (1990)1CALLT373(HC)

..... it may be mentioned here that by letter dated april 23, 1980 the applicant informed the said company to comply with the provisions of employees' provident funds and miscellaneous provisions act, 1952 so that the said company might avoid legal consequences. ..... been an offence when the companies act enforced and it is, therefore, difficult to see how the companies act could become applicable in that case and when particularly the other act defining the offence itself provides punishment for offences/defaults committed by the companies'.it was further observed :-'if the words 'any proceeding' are of wide amplitude, then perhaps chapter xxi of the income-tax act dealing with penalties imposable for various defaults committed, under that act would also be ..... in the said meeting it was decided, inter alia, that eight per cent of the amount payable to the jute mills for purchase made against the government orders, would be deducted from the bills of the concerned jute mills and would be adjusted against the arrears of employees' provident funds and esi dues. ..... the said company has been carrying on business, inter alia, of manufacturing different types of jute products and for which the said company has a factory at titagarh, district 24-parganas. ..... 4 who described himself as the mill manager of the jute mill which is owned by the said company. .....

Tag this Judgment!

May 11 1950 (HC)

Moti Lal and ors. Vs. the Government of the State of Uttar Pradesh and ...

Court : Allahabad

Reported in : AIR1951All257

..... having regard to the terms of the constitution, a state monopoly of the transport business: (b) whether in effect the executive order created that monopoly and (c) whether the state can nationalise any profession, business or trade even by legislation having regard to article 90(a) of the constitution or section 301 of the constitution, perhaps a consideration of the concept of fundamental rights will not be out of ..... the regional transport authorities have already acted in ordering the applicants to cease running their buses on certain routes on the ground that the government roadways service was about to operate thereon, and the manner in which the same transport authorities appear to have lent themselves to the implementation of the state government's policy of 'nationalisation' shows, we think, that these authorities have acted as though they considered themselves to ..... when dealing with the liability of government for damages occasioned by the negligence of its servants observed as follows :'now if the east india company were allowed, for the purpose of government to engage in undertakings such as the bullock train and the conveyance of goods and passengers for hire, it was only reasonable that ..... chapter vii relates to third party insurance and ..... chapter x is of a miscellaneous ..... be assumed that the executive power conceded to the president or the governor is co-extensive with the powers which the head of government possessed before she was declared a republic on 26-1-1980. mr. .....

Tag this Judgment!

Aug 20 1999 (HC)

Assam Leather Industry Vs. Union of India (Uoi) and ors.

Court : Guwahati

..... under the general insurance business (nationalisation) act, 1972 (57 of 1972) ; (3) the national insurance company limited, formed and registered under the companies act, 1956 (1 of 1956) ; (4) the new india assurance company limited, formed and registered under the companies act, 1956 (1 of 1956) ; (5) the oriental fire and general insurance company limited, formed and registered under the companies act, 1956 (1 of 1956) ; (6) the united fire and general insurance company limited, formed and registered under the companies act, 1956 (1 of 1956) ; (7) the shipping ..... chapter vi--miscellaneous. 14. ..... (b) appointment of recovery officer and the modes for recovery of debts under sections 25, 28, (2) and (3), (i), (ii), (iii), (iv), (v), (vi), (vii), (viii), (ix), (x) and (4) as being arbitrary, unreasonable without any guidelines, control, etc. ..... collector of sangli : [1980]1scr982 , in the supreme court pointed that entry 97 in list i of the seventh schedule to the constitution provides full legislative competence to parliament in relation to the central act inasmuch as it vests all residuary powers of legislation in parliament. ..... bank of cochin [1980] 2 scc 361 ; [1982] 52 comp cas 70 (paras 942). 56. .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organize Client Files //