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)
..... an employee was protected of his rights and privileges 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) ............. ..... (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 no such vesting and shall continue to do so unless and until his employment ..... although 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 workmen could not be taken away or affected. ..... on coming into force of the 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. .....
Tag this Judgment!Court : Kolkata
Reported in : (1994)1CALLT448(HC)
..... this is an appeal under section 20(7) of the jute companies nationalisation act, 1980. ..... section 5(1) and 5(2) of the said act provide as follows :-'5(1)-every liability, other than the liability specified in sub-seciton (2), of a jute company in respect of any period prior to the appointed day, shall be the liability of that company and shall be enforceable against it, and not against the central government, or, when the undertakings of the jute company vest in the jute manufacturers corporation, against that corporation.5(2)-any liability arising in respect of loans advanced by the central government or any state government, or both, to a jute company (together ..... the said section 5(1) provides that every liability of a jute company other than those specified in sub-section (2) of section 5 in respect of any period prior to the appointed day shall be the liability of the company and shall be enforceable against it and not against central government or the jute manufacturers corporation. ..... it follows from the said provision, that the jute company will not be liable, in respect of any period subsequent to the appointed day and the amount that was payable by the central government to the jute company as on the appointed day in terms of the said act was to be deposited in a deposit account opened by the central government in favour of the commissioner ..... per the said section 5(1) then naturally it follows that the liability for subsequent period is not the liability of the jute company. .....
Tag this Judgment!Court : Kolkata
Reported in : [1982]49STC271(Cal)
..... act called the jute companies (nationalisation) act, 1980 ..... provisions of the coal mines (taking over of management) ordinance, 1973, coal mines (taking over of management) act, 1973, and coal mines (nationalisation) act, 1973, appears to have come to the conclusion that nationalisation under the provisions of the last mentioned act does not amount to a transfer within the meaning of section 17 of the sales tax act. ..... is clear from the provisions of section 5(1) of the act that any liability of a jute company for any period prior to the appointed day is, by the scheme of that section, clearly intended to be a liability of the jute company and not- that of the central ..... clearly postulates, that any claims in respect of any taxes from the fiscal authorities which had accrued prior to the appointed day and for which the liability is of the jute company under section 5 of the act can be made in the manner laid down in section 17 of the act read with the second schedule. ..... as follows :every liability other than the liability specified in sub-section (2), of a jute company in respect of any period prior to the appointed day, shall be the liability of that company and shall be enforceable against it, and not against the central government, or, where the undertakings of the jute company vest in the jute manufacturers corporation, against that corporation.section 5(2) of the act provided that any liability arising in respect of loans advanced by the central government or any state government .....
Tag this Judgment!Court : Sales Tax Tribunal STT West Bengal
Reported in : (1994)95STC499Tribunal
..... pursuant to the enactment of the jute companies (nationalisation) act, 1980 ("the 1980 act", for short) on and from december 21, 1980, the jute mill of messrs. ..... somen bose, learned senior advocate, contended that under section 4(5) of the 1980 act, all licences or other instruments granted to a jute company in relation to its nationalised undertaking, which has vested in the central government under section 3 of the 1980 act and subsequently vested in njmc under section 6 thereof shall continue to be in force in its name from the date of nationalisation and that njmc shall be deemed to be substituted in such licence or other instrument as if it had been granted to such corporation. ..... only because in that case the registration certificate held by the union jute company would continue in the name of njmc as well by virtue of the nationalisation act and it would mean carrying on business and industry by njmc with the same registration number as held by the union jute company, the njmc had applied for registration in july, 1981 to avoid such an anomaly. ..... in their affidavit-in-opposition the respondents have alleged that the applicant was fully aware of the fact that, pursuant to the nationalisation of the union jute company, it could not be held to be a transferee either under section 17 of the 41 act or under section 15 of the 54 act in view of the provisions of the 1980 act. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1993SC1264; JT1993(1)SC58; 1993(1)SCALE16; (1993)1SCC434
..... the grievance of the appellant is that by the said order, the high court has given a free hand to the commissioner under section 17 of the jute companies [nationalisation] act, 1980 [the 'act'] to deal with the claim of the appellant, as and when filed, as the commissioner thought fit to do. ..... we find from his order of 12th april, 1989 that the commissioner has gone beyond the provisions of section 17 of the act inasmuch as he has tried to investigate the merits and the validity of the appellant's claim decreed by the high court. ..... the respondent-commissioner is directed to examine the decretal claim of the appellant only in the light of the provisions of sections 17 and 18 of the act.3. ..... the commissioner has to examine the said decretal claim, only within the bounds of the provisions of sections 17 and 18 of the act. .....
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;
..... challenged by the respondent herein inter alia on two several counts: the first being the factum of intervention of law to wit the nationalisation act and on the second - the existing provisions of sections 140 and 141 of the contract act: the high court however answered the same in the affirmative and in favour of the defendants in the suit and hence the petition for ..... 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 ..... case that in view of he unequivocal guarantee such liability of the guarantor continues and the creditor can realize the same from guarantor in view of the language of section 128 of the contract act as there is no discharge under section 134 of that act.in our opinion, the principle of the aforesaid decision of this court ..... [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 ..... court) in naihati jute mills v. .....
Tag this Judgment!Court : Kolkata
Reported in : (1991)99CTR(Cal)170
..... it was stated by the assessee that collieries owned by the debtor were nationalised on 1st mat, 1973 and the only compensation payable to the debtor in terms of the schedule to the coal mine (nationalisation) act, 1974 was rs. ..... 22 of the coal mines (nationalisation) act, 1973, according to which a person holding any charge, lien or other interest in or in relation to any property of the coal mine vesting in the central government shall have priority over all other debts ..... 21 of the coal mines (nationalisation) act. ..... the ito also observed that apart from the merit of the assessees explanation regarding the genuineness of the loan credited to the books of account in the name of the company, question remains that the alleged loan credited was disputed by the creditor in money suit filed by them, which is also still pending. ..... behalf of the assessee, it was argued that because of the nationalisation of the coal mines, the debts had become bad. ..... it was only upon nationalisation of coal mines on 1st may, 1973 that the loan became bad in the asst. ..... the tribunal further observed that the ito was justified in taking into account the balance sheet of several years past of shree hanuman jute mills showing the investments under the head 'loans and advances' as against 'book debts'.8. ..... 9,27,000 to debtor was not final since the debtor had further agitated the matter before the supreme court and the judgment of supreme court was rendered in 1980, that is to say, long after the instant assessment year. .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2009(1)Raj62
..... far statutory provisions are concerned, according to the learned counsel for the respondents, only section 17a of the general insurance business (nationalisation) act, 1972 ['the act of 1972'] and the amendment scheme of 2005 issued thereunder are of statutory character and rest all has been left by the legislature to be worked out by the company and the authorities concerned to determine the manner in which the transfer is to be effected ..... discretion of restricting the number of transfers from a particular station to a maximum of 25% of the total classwise (class iii and iv separately) strength of the employees at that station and, as per subclause 5.6, a classwise list of employees for each station who have completed ten years of continuous stay at the particular station may be prepared and in the descending order of the length of stay, from the top of such list, a number equivalent to ..... power of the central government to pass any order in regard to progressive dilution of protection of jute packaging material was neither challenged nor the said point arose from the pleadings; and the observations made by the division bench in relation to the said powers that the central government cannot act contrary to legislative policy were held obiter in nature and contrary to pleadings and were, therefore ..... proceedings against the appellant for his not complying with the order passed in the year 1980 for joining at pune; and such proceedings terminated ex parte whereby he was dismissed from .....
Tag this Judgment!Court : Mumbai
Reported in : 1988(1)BomCR519; (1987)89BOMLR565; [1991]70CompCas528(Bom)
..... section 2 of the nationalisation act is the definition section. ..... by reason of section 3 of the nationalisation act, on the appointed date, every sick textile undertaking and the right, title and interest of the owner in relation thereto stood transferred to, and vested absolutely in, the central government. ..... : air1976pat372 , the contention that no decree could be passed in view of the provisions of the nationalisation act was considered and it was held that the nationalisation act did not deal with a claim based on a personal liability which could be enforced by a suit. ..... section 5 of the nationalisation act is specific. ..... we are, accordingly, unable to accept the submission made on behalf of the appellants that, by reason of the nationalisation act, the liability of the owners stands discharged or curtailed and, consequently, the liability of the guarantors stand discharged. 36. ..... the supreme court held that the liquidation of the company, the principle debtor, did not have any effect on the liability of the surety of his liability. 38. ..... (c) wages, salaries and other dues of employees of the sick textile undertaking, in respect of any period after the management of such undertaking had been taken over by the central government, shall, on and from the appointed day, be the liability of the central government ..... he drew our attention to the fact that the learned single judge had held the guarantees to be continuing guarantees. ..... gaya cotton and jute mills ltd. .....
Tag this Judgment!Court : Kolkata
Reported in : [1975]45CompCas563(Cal),79CWN132
..... in that case, under a nationalisation act, the colliery assets of the company were transferred to the national coal board with the result that the company could no longer pursue the objects for which it was ..... was the managing agent of the company and also the managing agent of another jute company known as alliance jute mills co. ..... 10,45,384.68 is lying in their hands as the funds of the company as on march 14, 1969, it isclaimed that on december 11, 1971, when a meeting of the company was held under section 391 of the companies act, 1956 (hereinafter referred to as ' the act'), the sum of money held by the liquidators had increased to ..... the object for which the company was formed was to carry on the business of spinners, weavers, manufacturers, bailers and pressers of jute, jute cuttings, jute rejections, hemp, cotton, etc ..... was submitted that even assuming that the preference shareholders have been repaid money invested by them in the capital of the company, they still continued to be on the register of members of the company and, as such, their existence could not be ignored. ..... after incorporation, the company commenced its business of manufacturing jute goods and also dealt in raw jute and jute goods of various kinds and carried on suchbusiness till march, ..... contended that there has been an improvement in the situation for the manufacture of jute goods and also for trade in jute and jute goods, and the prospects of business in manufacture of jute and jute goods are very bright. .....
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