Court : Karnataka
Reported in : [1988]64CompCas199(Kar); ILR1987KAR970
..... the law provides that such an order, though it has become final, would be unexecutable./ no such provision is to be found wither in the bank nationalisation act or in the public premises act. 14. it is a case where the present revision petitioner claims to have become a sub - tenant after the institution of h. r. c ..... successor to vijay bank ltd. therefore, whether rights has been obtained by vijay bank ltd. were got by the nationalised vijay bank as laid down by section 5 of the banking companies (acquisition and transferred of undertakings) act, 1980. therefore, the right that has become rested cannot be nullified by any subsequent proceedings which has no ..... shown above by me that section 15 of the public premises act does not outset the jurisdiction of the court in the present case. 12. under the banking companies (acquisition and transfer of undertakings) act, all the rights, liabilities, etc., of the bank had vested in the nationalised bank and the order of eviction had become final c. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1986KAR2579
..... profits through engagement of contract labour. the circumstances under which vtc which had employed the workmen for a period of nearly 8 years continuously had to part company with the corporation and the circumstances under which the 2nd respondent became the contractor for the corporation are not clear from the records. the corporation, if ..... .18. bundling of empty gunnies.19. stenciling of bags.20. supply of casual labour.21. loading/unloading of wooden crates, tarpaulins, gunny bales, fumigation cover/jute twine etc.'one significant fact in the tender conditions should be noticed. though the tender document consists of 55 pages of typed material in single line, there is ..... directing the abolition of the contract labour in the appellant company before it. in the appeal by special leave, the supreme court dealt with the various provisions of the act and observed in paras-42 and 43 of the judgment the salient features of the act and the obligations of the employer and the contractor for, .....
Tag this Judgment!Court : Karnataka
Reported in : [1989]65CompCas427b(Kar); ILR1987KAR2317; 1987(2)KarLJ68
..... ground that the banking undertaking of vijaya bank ltd., having been nationalised with effect from april 15, 1980, under the banking companies (acquisition and transfer of undertakings) ordinance, 1980, which was replaced by the banking companies (acquisition and transfer of undertakings) act, 1980, the proceedings against the petitioner-company as it stood prior to the nationalisation cannot be continued; and, secondly, on the ground that during ..... its amendment, there was no penal liability attached to the bank/company for offences committed under the act, and, therefore, the petitioner-company deserved to be discharged of the offence. 5. the court below rejected both the contentions and observed that even after the nationalisation of the banking business, a-1 company continued to be in existence and that the criminal liability cannot be transferred .....
Tag this Judgment!Court : Kerala
Reported in : (2003)182CTR(Ker)403; [2003]264ITR545(Ker); 2003(2)KLT443
..... basis of the market value of the securities and shares. the supreme court noted the following undisputed facts:'(a) the appellant is a nationalised bank and, therefore, is governed by the banking regulation act, 1949.(b) the appellant follows the mercantile system of accounting both for book-keeping purpose as well as for tax purposes.(c) the ..... -sections (1), (2a) and (4)(a) thereof without the explanation reads thus:'24(1): after the expiry of two years from the commencement of this act, every banking company shall maintain in india in case, gold or unencumbered approved securities, valued at a price not exceeding the current market price, an amount which shall not at the ..... cases, it is open to the income-tax officer as well as the assessee to point out the true and proper income while submitting the income tax return. in kedarnath jute mfg. co. ltd. v. cit : [1971]82itr363(sc) , this court has negatived the contention that (page 367):'........ if an assessee under some misapprehension or .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1986KAR587
..... portions of the judgment in fertilizer corporation kamagar union, air 1981 sc 344 @ 356 on which the learned counsel relied are :-'37. assuming that the government company has acted mala fide, or has dissipated public funds, can a common man call into question in a court the validity of the action by invocation of article 42 ..... for the high court, as an administrative authority is not bound to record reasons for its decision as held by the supreme court in the case of mahabir jute mills v. shibban lal, : (1975)iillj326sc . but it cannot be said that if the statute prescribes the qualification for grant of privilege/license and the ..... at the 'chosen eight' out of whom seven were ineligible under that rule, for securing bottling licence.(3) application of an eligible applicant--the mysore sugar company, a government company, for undertaking bottling at mandya was excluded and an ineligible applicant--h. s. somashekar, the fifth respondent and a private arrack contractor--the fourth respondent, .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1987SC1527; [1987(54)FLR750]; JT1987(2)SC529; (1987)IILLJ414SC; 1987(1)SCALE975; 1988Supp(1)SCC1; [1987]3SCR180; 1987(2)LC681(SC)
..... madras high court and another decision of the calcutta high court which arose under the provisions of the banking companies (acquisition and transfer of undertakings) act, 1970 (act 5 to 1970) where again the claim of employees of the banks in question who joined their service after nationalisation to the benefit of the conditions prescribed in the case of employees of the former banking ..... companies whose services were taken over on nationalisation as regards the age of retirement arose for consideration. the scheme of section 12(2) of the banking companies (acquisition and transfer of undertakings) act, 1970 and the scheme of section 11(1) of the act, which is under consideration before us, were the same. in .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1993KAR201; 1993(1)KarLJ308
..... mayura movies, no. 4, upstairs, gandhinagar, bangalore-9 hereinafter termed the 'guarantor' and corporation bank, a banking company wholly owned by the government of india and constituted under the banking companies (acquisition and transfer of undertakings) act, 1980, act no. 40 of 1980 having their head office at mangalore and branch office inter alia one at cantonment bangalore represented by ..... of the judgment). therefore, it was not a case in which the point in question was considered.10.1 in citibank n.a. new delhi v. juggilal kamalapat jute mills co. ltd., kanpur : air1982delhi487 differing from the view expressed in the aforesaid pearl hosiery mills' case, it has been held that it was not necessary for ..... the decision in state bank of india v. machine well industries and ors. was rendered earlier to the decision in citibank n.a. new delhi v. juggilal kamalapat jute mills co. ltd.'s case. but, that would not in any way make us to hold that the decision in citi bank n.a. new delhi's .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1987]62CompCas301(AP)
..... that the defendant company had no power to nominate such directors and for a permanent injunction restraining the defendants from excluding the plaintiff or in any way restraining or interfering with the plaintiff's acting or attending as directors was held maintainable. pydah venatachalapathi v. guntur cotton, jute and paper mills co. ltd. air 1929 mad 353, related to a suit for a ..... declaration that the defendant ceased to hold office from march 31, 1928, and for a permanent injunction restraining them from interfering with the management of the company and for accounts .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1990SC560; JT1989(2)SC483; 1989Supp(1)SCC430; [1989]2SCR629
..... it legislative force on an affirmative address of each house that the measure is converted into legislation. there is thus no real analogy between that act and the act before us. however, the provision has to be upheld, because, though it goes to the farthest limits, it is difficult to hold that ..... conferred on a subordinate authority, although the legislature retains the power to control the action of the subordinate authority by recalling such power or repealing the acts passed by the subordinate authority, there is an abdication or effacement of the legislature conferring such power. even such-partial 'abdication or effacement' is not ..... there is an abundance of authority, of even larger benches of this court. the judgments in r. v. burah (1878) 5 i a 178. jatindra nath gupta, , the delhi laws act case, : [1951]2scr747 , hari shankar bagla : 1954crilj1322 , rajnarain singh : [1955]1scr290 , sardar inder singh, : [1957]1scr605 , banarsi das : [1959]1scr427 , edward mills : (1954) .....
Tag this Judgment!Court : Mumbai
Reported in : [1985]57CompCas241(Bom)
..... . v. raghunath prasad jhunjhunwalla : [1976]2scr226 , the supreme court, after discussing the several english cases, observed (headnote of air) :'although the indian companies act modeled on the english companies act, the indian law is developing on its own lines. court will have to adjust and adapt, limit or extend, the principles derived from english decisions, entitled ..... respondent no. 3, the court would have been greatly handicapped in this regard. far from making a grievance of it, the pnb, which is a nationalised bank, should have welcomed the opportunity of meeting the allegations made against it in the petition. any aspersion made against the pnb by the petitioner and adverse ..... register the transfer of shares purchased by respondents nos. 4 to 17. respondent no. 19 has preferred an appeal under s. 111 of the companies act before the company law board and the same is still pending. respondents nos. 20 and 21, the stock-brokers, continue to insist upon reconsideration of the decision .....
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