Court : Madhya Pradesh
Reported in : AIR1988MP181; 1988MPLJ266
..... the supreme court in the second case of minerva mills ltd. v. union of india, air 1986 sc 2030 while considering sick textile undertakings (nationalisation) act, 1974, held:-'as the act has been enacted with a view to reorganising and rehabilitating the sick textile undertakings so as to subserve the interests of the general public by the ..... the judgment was delivered, hind cycles ltd. and sen-raleigh ltd. (nationalisation) ordinance, 1980, was promulgated on 25-10-1980 which was subsequently made act no. 70 of 1980, taking over the management and ownership of the bicycle factories of respondent 2-company by the central government. by notification dated 28-10-1980 the central ..... acts can be identical and there are bound to be distinguishing features in each enactment as the object and purpose to be achieved in each enactment being different. it was also pointed that all the coal mines were nationalised and at one and the same time 57 textile mills were taken over, while only 2 cycle companies .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1989MP279; 1988MPLJ301
..... of article 39 (b) and (c). the supreme court in minerva mills ltd v. union of india, air 1986 sc 2030 held that sick textile undertakings (nationalisation) act, 1974, has, been enacted with a view to reorganising and rehabilitating the sick textile undertakings so as to sub serve the interests of the general public by the ..... c.p. sen, j.1. the petitioner is seeking a declaration that provisions of hind cycles limited and sen-raleigh limited (nationalisation) act, 1980, (hereinafter referred to as act no. 70/1980) are ultra vires of the constitution and is also seeking a writ in the nature of mandamus directing the respondents to clear ..... not fit for reconstruction as the capital base had been eroded many times over and the companies could be restarted with unencumbered assets only after total elimination of the external liabilities through a process of nationalisation. the provisions of the act do not offend article 21 nor they are in contravention of articles 300a or 301. prioity has .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2002(1)MPHT510; 2001(3)MPLJ660
..... correctly and legally implement the scheme of grades and categorisation of posts enunciated in chapter ii of the banking companies (acquisition and transfer of undertakings) act, 1980 (40 of 1980) (hereinafter referred to as 'the act') and on account of that the petitioner has been superseded by almost all bank officers who were below in ..... court observed that implementation of the scheme by the said respondent bank under the regulation proceeded under a misconception that the fitment contemplated by way of nationalisation of promotion when the matter was originally heard, we had pointed out to counsel for the respondent-bank that the scheme did not provide for promotion ..... , abolished, submerged or washed out at their prejudice without giving them sufficient hearing and without following the rule of natural justice. in that process such nationalised bank has to follow a reasonable approach and that reasonable approach would have been to make a list of all the employees of the then new bank .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2002MP196; 2002(2)MPHT353
..... and not the institutions incorporated under a general statute providing for incorporation. their lordships further held that commercial university limited which was incorporated under the companies act could not be said to have satisfied the definition of 'university'. in this regard we may profitably refer to the observations of their lordships as under :--'the ..... we are concerned, we can legitimately drawn upon the 'noscitur a sociis' principle. this expression simply means that 'the meaning of a word is to be judged by the company it keeps'. gajendragadkar, j., explained the scope of the rule in state v. hospital mazdoor sabha, (1960) 2 scr 866 : (air 1960 sc 610) in the following ..... so that a fair idea is garnered about the theme relating to the coming into life of the enactment and the introduction of the amendments.3. the act (act no. 37 of 1995) was enacted to establish and incorporate a university in the state of madhya pradesh and to provide for education and prosecution of research .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1981MP123; 1981MPLJ202
..... by us above. the restriction is in the interest of the general public for continuation of the business of the undertakings of the caltex (india) nationalised under the act is in national interest and for benefit of the country as a whole. section 7 (3), in our opinion, would, therefore, be protected under ..... rights of the caltex oil refining stand transferred to the hindustan petroleum not by any voluntary transfer but by the amalgamation order issued under section 306 of the companies act. we have already quoted clause (3) of the amalgamation order. the explanation contained in clause (3) makes it clear that all assets, rights, leases ..... business of refining crude oil and producing petroleum products in india. another subsidiary of the caltex petroleum corporation, namely, the caltex (india) limited (a foreign company) incorporated in bahamas islands, hereinafter referred to as the caltex (india), was carrying on through its undertakings in india the business of marketing and distributing .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2004MP1; I(2004)BC106; [2005]123CompCas677(MP); 2003(2)MPHT114; 2003(2)MPLJ161; [2003]45SCL63(MP)
..... in sub-rule (2) and such fee may be remitted either in the form of crossed demand draft drawn on a nationalised bank in favour of the registrar and payable at the station where registrar's office is situated or remitted through a crossed indian ..... the apparently wide words of other statutes conferring rights of appeal. section 202 of the indian companies act, 1913 confers a right of appeal 'from any order or decision made or given in the matter of the winding up of ..... memorandum of appeal under section 20 of the act shall be accompanied with a fee provided in sub-rule (2) and such fee may be remitted either in the form of crossed demand draft drawn on a nationalised bank in favour of the registrar and payable at ..... the petitioner relief notwithstanding the existence of an alternative remedy. the broad lines of the general principles on which the court should act having been clearly laid down, their application to the facts of each particular case must necessarily be dependent on a variety of .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1999]239ITR404(MP)
..... to the assessment year 1980-81, derived income from interest from banks and private parties at rs. 1,07,338 and dividend income from indian as well as foreign companies amounting to rs. 5,27,146. the assessee paid interest to the banks to the extent of rs. 3,75,203 and claimed deduction of the same in computing ..... and the tribunal also confirmed the order of the income-tax officer on this issue. hence, the assessee approached the tribunal under section 256(1) of the income-tax act for making the reference before this court and accordingly, the tribunal has referred the aforesaid question of law. this question has now been answered by their lordships of the ..... the income from interest and dividends. the income-tax officer allowed the education for only rs. 57,000under section 80vv of the income-tax act, relatable to interest on amounts withdrawn for payment of income-tax and disallowed the balance of the claim. thereafter, the matter was taken up in appeal and the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1996]86CompCas147(MP); 1994(0)MPLJ610
..... be either the contractual rate of interest or where there is no such contractual rate, the rate at which moneys are lent or advanced by nationalised banks in relation to commercial transaction. explanation ii further clarifies the expression 'commercial transaction' and states that any transaction connected with the industry, trade ..... but shall not exceed the contractual rate of interest or where there is no contractual rate, the rate at which moneys are lent or advanced by nationalised banks in relation to commercial transactions . explanation ii.--for the purposes of this section, a transaction is a commercial transaction, if it is connected with ..... same.6. it cannot be disputed that the plaintiff-bank is a corporate body having been constituted under the provisions of the banking companies (acquisition and transfer of undertakings) act, 1970, and functioning under various statutory provisions and regulations and, therefore, the genuineness of the power of attorney can hardly be doubted .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1988(15)ECC238; 1987(12)LC1028(MP); 1985(19)ELT35(MP)
..... is to say,(a) man-made fibre of cellulosic origin;(b) cotton;(c) wool or acrylic fibre, or both;(d) silk (including bimlipatam) jute or mesta fibre);(e) jute (including bimlipatam);(f) man-made fibre of noneellulosic (jute or mesta origin, other than arcylic fibre; (fibre);(g) flax;(h) ramie;in any yarn are equal in weight, then, such one of those ..... decided the matter of classification without considering the provisions of tariff item 18(111) and (iv) and the notification no. 275/82 dated 13-11-82. thus, he has acted illegally and without jurisdiction.5. further, according to the petitioners tariff item 18 deals with man-made fibre and yarn, which have been divided into four distinct and independent sub ..... p.d. mulye, j.1. the petitioner m/s. hind syntex ltd., which is a company duly registered under the companies act, 1956, which has a factory in village bibrod, district dewas, where they are engaged in the manufacture of manmade yarns with different blends such as cellulosic spun fibre and .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1987(11)ECC296; 1987(13)LC51(MP); 1985(19)ELT329(MP)
..... potteries mehrauliv. union of india); 1982 excise law times 112 (patel prabhudas purshottamdas v. union of india); 1984 excise law and customs reporter 1509 (indian textile paper company ltd. v. the collector of central excise, madurai); 1983 excise law times 2506 (ganesh metal corporation v. collector of central excise, madras); 1984 excise & customs ..... a) man-made fibre of cellulosic origin;(b) cotton;(c) wool or acrylic fibre, or both;(d) silk (including bimlipatam jute or mesta fibre);(e) jute (including bimlipatam)(f) man-made fibre of non-cellulosic (jute or origin, other than acrylic fibre); mesta fibre;(g) flax;(h) ramie;in any yarn are equal in weight, then ..... madhumilan syntex private ltd. which is a company registered under the companies act, 1956 and of whom petitioner no. 2 is the managing director owns a factory at biora wherein they manufacture spun yarn. this product is covered by item 18, schedule 1 of the central excises and salt act, 1944.2. according to the petitioners in .....
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