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Smt. Leelabai Gajanan Pansare and ors. Vs. the Oriental Insurance Co. ...

Court : Supreme Court of India

Reported in : 2009(4)BomCR774; JT2008(9)SC551; 2008(11)SCALE391; (2008)9SCC720; 2008(2)LC1155(SC); 2008(6)Supreme89

..... and uic, render combined services of general insurance business all over india. according to the learned counsel, all the said four companies are the government companies which even on the narrow interpretation placed by the respondent, are corporations established under the nationalisation act. therefore, learned counsel submitted that 'psus' should be read in the widest possible term so as to include within it every ..... such corporation does not have to be established by a central or state act. it can also be established under a central or state act, for example, gic is established under general insurance business nationalisation act, 1972 as a government company. therefore, according to the learned counsel, if section 3(1)(b) is read in the manner suggested by the respondent the words psus in .....

A.P.S.R.T.C. Vs. the Government of India and Others

Court : Andhra Pradesh

Reported in : AIR1992AP109; 1991(2)ALT48

..... 217(2)(a) ?5. before dealing with the points, we shall refer to the provisions of the old and new acts. the old motor vehicles act, 1939 contains a group of provisions in chapter iv-a in regard to nationalised transport services. section 68-b gives overriding effect to the provisions of the chapter. section 68-c deals with preparation and ..... s. 68c. in fact, it was held in janardan's case : [1960]3scr85 that proceeding under s. 153-c of the repealed act or the jurisdiction of the district court under the old companies act, 1913 was not affected.26. that brings us to another submission for the writ petitioners that a draft scheme for modification published in exercise of ..... . (abdul aziz v. state of bombay) : air1958bom279 .32. again in raja narayananlal v. m. p. mistry : [1961]1scr417 , the supreme courtheld, relying on s. 658 of the companies act, 1956 that an inspector appointed under s. 138(4) before 1-4-1956 could proceed with the investigation under that section even after the new .....

Maruti Udyog Ltd. Vs. Ram Lal and ors.

Court : Supreme Court of India

Reported in : AIR2005SC851; 2005(5)ALLMR(SC)405; [2005(104)FLR820]; JT2005(1)SC449; (2005)ILLJ853SC; (2005)2SCC638; 2005(2)SLJ358(SC); (2005)2UPLBEC1470

..... operational and financial problems and later on the management was taken over by the central government under the coking coal mines (emergency provisions) act, 1971 followed by the coking coal mines (nationalisation) act, 1972. before the said bench, the decision in anakapalla cooperative agricultural and industrial society ltd. (supra) was referred to but was ..... all workmen have been terminated by the employer on the business or undertaking being taken over by another employer in circumstances like those of the railway company....'23. the history of the legislation has been noticed by a constitution bench of this court in anakapalla co-operative agricultural and industrial society ltd. ..... the enactment thereof; the division bench of the high court committed a serious error in holding that the appellant is the successor-in-interest of 'the company' and, therefore, liable to reemploy the respondents herein. secondly, it was urged that in any event as the closure of the undertakings of maruti .....

Birendra Kumar Rai Vs. Union of India (Uoi) and ors.

Court : Allahabad

Reported in : 1992CriLJ3866

..... from the residence, but further stated that the said gold biscuits were purchased from money received on selling heroin. he further stated that the petitioner fell into bad company and started preparing heroin from opium and the petitioner further placed his brothers in the same trade and it is out of this money the petitioner further purchased one ..... present case. it is not in dispute that the petitioner was detained at the district jail in ghazipur in pursuance to an offence under the motor vehicles act and arms act and his detention in the district jail, ghazipur was in accordance with a legal authority. at no point of time it could be said that the detention ..... popat lal shah v. state of madras : 1953crilj1105 .15. keeping in mind the heydon's rule, decision in auckland jute co. ltd. (supra) popat lal shah (supra) we first refer to the objects and reasons of the 1988 act :--'in recent years, india has been facing a problem of transit traffic in illicit drugs... this trend has created an .....

Tata Motors Limited and anr. Vs. the State of West Bengal and ors.

Court : Kolkata

..... iv vis--vis the right to property in articles 19(1)(f) and 31 as well as the interpretation of compensation from bela banerjee to banks nationalisation case do establish that parliament has ultimately wrested the power to amend the constitution, without violating its basic features or structure. concomitantly legislature has power to ..... :6. learned counsel appearing for the respondent has submitted that such an interpretation would defeat the ends of justice and make the petitions under the companies act, infrauctuous inasmuch as any unscrupulous litigant, after suffering an order of winding up, may approach the board merely by filing a petition and consequently get ..... or any part thereof to any third party. however, the possession, use or enjoyment of any part of the said demised land by any group company, associate company, subsidiary, joint venture, contractor for the purposes contained herein shall not be construed as a subletting for the above purpose, provided that the lessee shall .....

Maula Bux and Etc. Vs. State of West Bengal and Others Etc.

Court : Kolkata

Reported in : AIR1990Cal318,(1990)1CALLT174(HC),1990(1)CHN233,94CWN650

..... cotton mills v. union of india, reported in : [1981]2scr533 ; prabhakaran nair v. state of tamil nadu, reported in : [1988]1scr1 ; corbett v. south-eastern & chatham railway companies' managing committee, reported in (1906) 2 ch 12; smt. ujjam bai v. state of uttar pradesh, reported in air 1962sc 1621; ameerunnissa begum v. mehboob begum, reported in : [ ..... the term. his lordship referred to the following observation of gajendragadakar, j. in anglo american direct trading company ltd. v. theirworkmen : (1962)iillj760sc :-- 'the ques-tion where an act is a judicial or a quasi-judicial, or a purely executive act depends on the terms of the particular statute and on the nature, scope of effect of the ..... jhon m's) evoy v. wein corporation reported in (1878) 2 lr ir 371 and frome united breweries company v. bath justices reported in (1926) ac 586.18. a comparative study of ss. 390(2) and 392 of the act makes it clear that occupancy classification is defined under sub-sec. (2) of s. 390 and s. 392 .....

Maheshwari Brothers Ltd. Vs. National Highways Authority of India

Court : Kolkata

Reported in : 2007(1)ARBLR64(Cal),(2006)3CALLT154(HC)

..... account 'earmarked for the subject-matter involved therein' and directed nhai that such sum will be kept in a suitable interest bearing fixed deposit account in any nationalised bank to be renewed from time to time till the disputes between the parties are resolved either by the dispute redressal committee or by an appropriate arbitration proceeding ..... process (para 13, page 2167 of the report). it has also been recognized by the apex court in konkan railways corporation ltd. v. mehul construction company reported in : air2000sc2821 that the said act limits intervention of court with an arbitral process to the minimum (part 4, page 205 of the report). therefore, the purport of section 5 can ..... placed on another judgment which was rendered by the division bench of punjab & haryana high court in the case of hind samachar, jalandhar, reported in (2002)4 company law journal 1. in that case the question which was to be decided was summed up in para 15 (page 15 of the report). it appears that the .....

National Insurance Co. Ltd. Vs. General Insurance Dev. Officers Asson. ...

Court : Supreme Court of India

Reported in : AIR2008SC2657; 2008(4)SCALE768; (2008)5SCC472; 2008AIRSCW4438

..... terms and conditions of service notwithstanding that such further rationalisation or revision is unrelated to, or unconnected with, the amalgamation of insurance companies or merger consequent on nationalisation of general insurance business. (3) the central government may, by notification, add to, amend or vary any scheme framed under ..... framing the general insurance (nationalisation and revision of pay scales and other conditions of service of supervisory, clerical and subordinate staff) second amendment scheme, 1980.explanation.-in this section, the expressions 'acquiring company' and 'corporation' shall have the meanings respectively assigned to them in the principal act.xx xx xx10. prior ..... insurance companies of merger consequent on nationalisation of general insurance business shall be, and shall be deemed always to have been, for all purposes, as valid and effective as if section 17a, as inserted in the principal act by section 4, of this ordinance had been part of the principal act, .....

T.N. Godavarman Thirumulpad Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR2005SC4256; (2005)6CompLJ158(SC); JT2005(8)SC588; (2006)1SCC1

..... audit of accounts of stores and stock. section 18 provides for the powers of cag in connection with audit and accounts. the audit of government companies and corporations by cag is dealt with under section 19. section 20 is in the nature of a residuary provision providing that cag, if ..... and forests, government in its handbook laying down guidelines and clarifications upto june 2004 while considering the grant of approval under section 2 of the fc act. dealing with environmental losses (soil erosion, effect on hydrological cycle, wildlife habitat, microclimate upsetting of ecological balance), the guidelines provide that though technical ..... present value of the forest land diverted for non- forestry purposes shall also be recovered from the user agencies, while according approval under the forest (conservation) act, 1980; (b) a 'compensatory afforestation fund' shall be created in which all the monies received from the user-agencies towards compensatory afforestation, additional compensatory .....

United Commercial Bank Vs. Jagatia Paper Mills Pvt. Ltd. and ors.

Court : Rajasthan

Reported in : 1988WLN(UC)390

..... after referred to as the non-petitioner company). the non-petitioner company entered into a banking transaction with the branches of the petitioner ..... of the non-petitioner company-m/s jagatia paper mills pvt. ltd, filed by the uco bank.2. briefly stated, the facts of the case are that the petitioner--uco bank is a nationalised bank and the non-petitioner jagatia paper mills pvt. ltd., is a company incorporated under the provisions of the companies act, 1956 (here in ..... creditors with non-petitioner no. 5, they are entitled to realise their dues by selling the assets of the company forming security of their loans independent of the winding up proceeding in terms of section 529 of the companies act, 19567. on behalf of non-petitioner no. 4, shri b. p. agrawal appeared and on 29th august .....