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)
..... . however they will not get any arrears on that count.3. rai bahadur hurdut ray motilal jute mills pvt. ltd. (for short 'the mill') had remained closed from 25.2.1975 to 17.8.1979. 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. in ..... turn the central government under the provisions of the said act transferred the mill to the national jute manufacturers corporation limited (for short the 'corporation'). though the provisions of the .....
Tag this Judgment!Court : Kolkata
Reported in : (1994)1CALLT448(HC)
..... under section 20(7) of the jute companies nationalisation act, 1980. the appellant central bank of india filed a claim before the commissioner of payment appointed under the said act. the appellant bank was a creditor of r.b.h.m. jute mills pvt. ltd. (herein-after also referred to as 'the said company'). the undertaking of the said company was nationalised with effect from 20.12.80 which ..... was the appointed day. the appellant bank is one of the secured creditors of the said company ranking in category 2 .....
Tag this Judgment!Court : Kolkata
Reported in : [1982]49STC271(Cal)
..... first schedule to the act were nationalised. it appears that by virtue of section 3 of the said act those undertakings stood vested in the central government on the appointed day ..... this application the petitioner, national jute ., unit alexandra, challenges an order of the commercial tax officer, lyons range charge, dated 18th march, 1981. the fact relating to the passing of the impugned order may be briefly stated.2. by a central act called the jute companies (nationalisation) act, 1980 (no. 62 of 1980) (hereinafter referred to as the act), the undertakings of jute companies whose names appear in the .....
Tag this Judgment!Court : Sales Tax Tribunal STT West Bengal
Reported in : (1994)95STC499Tribunal
..... jute mill of messrs. union jute co. ltd., having its jute mill/factory at 12, convent lane, calcutta-15, was first vested in the central government and then transferred to the applicant.njmc at ..... under section 15 of the west bengal taxation tribunal act, 1987.2. messrs. national jute manufactures corporation ltd. ("njmc", for short), the applicant in the present case, is a wholly owned government company, having its office at chartered bank building, 4, netaji subhas road, calcutta. pursuant to the enactment of the jute companies (nationalisation) act, 1980 ("the 1980 act", for short) on and from december 21, 1980, the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1993SC1264; JT1993(1)SC58; 1993(1)SCALE16; (1993)1SCC434
..... 1989. 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. the implication of the order is that the commissioner ..... decretal claim, only within the bounds of the provisions of sections 17 and 18 of the act. the order dated 12th april, 1989 being without jurisdiction is void and is hereby set aside. the respondent-commissioner is directed to examine the decretal claim of the ..... order of 12th april, 1989.2. 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 commissioner has to examine the said .....
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;
..... 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. the plea ..... a. tamplin steamship co. ltd. v. anglo maxican petroleum products co. ltd. 1916 2 ac 397 (which stands quoted (with approval by this court) in naihati jute mills v. khyaliram : [1968]1scr821 , seems to have settled the law on the same. lord loreburn in tamplin steamship stated:'a court can and ought to ..... manner of application in the contextual facts. recapitulating the facts briefly, the nationalisation act came into force in the year 1974 by reason of which the assets of a debtor company stand vested on the state. in terms of the provisions of the nationalisation act, there was appointed a commissioner of payments and by reason of the factum .....
Tag this Judgment!Court : Kolkata
Reported in : (1991)99CTR(Cal)170
..... the opinion of its solicitor was wholly inadequate for discharging even the liabilities of the debtor regarding the priority claims mentioned in s. 21 of the coal mines (nationalisation) act. the assessee thus claimed the said debt a bad debt. the ito considered the claim of the assessee in extenso. he observed as under :'thus unit of ..... together with interest accrued thereon. in affidavit-in-opposition soorajmull nagarmull denied the existence of loan due to chandpur jute co. it was stated that nothing was owing to m/s. chandpur jute co. and that the said company was at no material pint of time in a position to make any investment of m/s. soorajmull nagarmull. ..... from the balance sheets for the several years past. the assessees investment with the said company is thus an investment account under the lead 'loan & advance' and was receiving interest thereon. it was not at all trading debt arising out of the jute mill operations. this will be more apparent from the records of the asst. yr. .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2009(1)Raj62
..... 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 ..... .e., the cases of secretary to the government and anr. v. m. senthil kumar 2005 air scw 1269; and union of india and ors. v. indian jute mills associations and ors. 2005 air scw 2723 have got no relevance even to the very question as posed by the petitioner. in m. senthil kumar (supra), ..... part of the order of high court was set aside. similarly, in the case of indian jute mills associations (supra), the question was regarding extent of power of advisory committee constituted under jute packaging materials (compulsory use in packing commodities) act, 1987 to make its recommendations to the central government for formulation of road map for progressive .....
Tag this Judgment!Court : Mumbai
Reported in : 1988(1)BomCR519; (1987)89BOMLR565; [1991]70CompCas528(Bom)
..... or analogous provisions. in bihar state electricity board v. gaya cotton and jute mills ltd. : 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 ..... government or the national textile corporation. explanation. - in this section, 'state textile corporation' means a corporation, formed and registered under the companies act, 1956, in a state, which is in charge of the management of a sick textile undertaking either as a person authorised under the industries (development and ..... submission is based on the judgment in maharashtra state electricity board v. officials liquidator : [1983]1scr561 . the supreme court held that the liquidation of the company, the principle debtor, did not have any effect on the liability of the surety. a discharge which a principle debtor secured by operation of law did .....
Tag this Judgment!Court : Kolkata
Reported in : [1975]45CompCas563(Cal),79CWN132
..... on a decision of the house of lords in scottish insurance corporation ltd. v. wilsons and clyde coal co. ltd. 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 incorporated. at an extraordinary general meeting of the ..... total area of 72.09 acres of land. 3. at all material times mcleod & co. ltd. (appellant no. 1) was the managing agent of the company and also the managing agent of another jute company known as alliance jute mills co. ltd., which was in occupation of adjoining lands comprising an area of 72.09 acres. 4. by notifications dated december 19, 1946, and .....
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