Court : Orissa
Decided on : Feb-21-2008
Reported in : AIR2008Ori103; 106(2008)CLT126; [2009]148CompCas817(Orissa); 2008(I)OLR702
A.K. Ganguly, C.J.1. This writ petition has been filed by Noble Aqua Private Ltd.- petitioner No. 1, who claims to be a company registered under the Companies Act and petitioner No. 2 is the Managing Director of petitioner No. 1 and the petitioner No. 3 is the wife of petitioner No. 2, the Managing Director of the petitioner-company.2. The petitioners are challenging a notice dated 7.4.2007 ssued under Section 13(4) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security on Interest Act, 2002 (in short 'Securitisation Act'). The basic challenge in the writ petition is that the said notice is in contravention of provision of Section 22 of the Sick Industrial Companies (Special Provision) Act, 1985 (hereinafter referred to as 'SICA').The petitioners' case is that it was engaged in the export business of Marine Food Products along with processing and manufacturing of marine food products since 1995. The company was earning profit till 2002-03. But in view ...
Tag this Judgment!Court : Delhi
Decided on : Apr-23-2008
Reported in : 2008(38)PTC222(Del)
S. Ravindra Bhat, J.1. The plaintiff is a private limited company registered under provisions of the Companies Act, 1956, having its office at 24, Nehru Place, New Delhi 110 019 and is, inter alia, involved in the business of running Lifestyle Brand Stores by the name of 'Ravissant' in India as well as abroad. The Defendant is a Company registered under the laws of France registered in the Companies Register for Paris and is inter alias engaged in the business of hair styling salons. The original name of the Defendant was Franklin Export S.A.; it was later changed to D.F. Export S.A.2. It is averred in the suit that on 1.06.2000 a Franchisee Agreement was entered between the Plaintiff and the Defendant for running an exclusive ladies' luxury hair dressing salon at New Delhi under the brand name of 'Jacques Dessange', the defendant's trade name. The agreement was for an initial period of four years; ending on 31.12.2004, but subject to further renewal. There was no Jacque Dessange Salon...
Tag this Judgment!Court : Delhi
Decided on : May-26-2008
Reported in : AIR2008Delhi192; [2009]149CompCas390(Delhi)
Mukul Mudgal, J.1. This writ petition involves the interpretation of Section 15(1), 2nd Proviso of Sick Industrial Companies (Special Provisions) Act, 1985 (hereinafter referred to as SICA), which reads as follows:15. Reference to Board.-- (1) When an industrial company has become a sick industrial company, the Board of Directors of the company, shall, within sixty days from the date of finalisation of the duly audited accounts of the company for the financial year as at the end of which the company has become a sick industrial company, make a reference to the Board for determination of the measures which shall be adopted with respect to the company:..Provided also that on or after the commencement of the Securitisation and Reconstruction of Financial and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 where a reference is pending before the Board for Industrial and Financial Reconstruction such reference shall abate if the secured creditors, represent...
Tag this Judgment!Court : Delhi
Decided on : Jul-24-2008
Reported in : [2009]149CompCas402(Delhi)
Mukul Mudgal, J.1. This writ petition challenges the order dated 4th February 2002 passed by the Appellate Authority for Industrial and Financial Reconstruction (hereinafter referred to as 'the AAIFR') wherein while dismissing the appeal filed by the petitioner M/s. Madras Petrochem Ltd. and Anr. it was held that the Board for Industrial and Financial Reconstruction (hereinafter referred to as 'the BIFR') had made all efforts to secure the rehabilitation of the petitioner company and the scheme sanctioned in 1991 and 1996 had failed. It was concluded by the AAIFR that the petitioner is heavily indebted and there was no possibility of rehabilitating it. It was held that prolonged proceedings in SICA would no further serve any purpose and would serve the private interests of the guarantors. It is this order which is challenged in this writ petition. 2. Learned Counsel for the appellant has challenged the divesting of the jurisdiction of the BIFR and the AAIFR in these proceedings. The re...
Tag this Judgment!Court : Patna
Decided on : Apr-11-2008
..... he brings to my notice section 9(2) of the nepal citizenship act, 1964, which is reproduced hereinbelow for ready reference:9. loose of nepali citizenship:(1) the nepali citizenship of any nepali citizen shall automatically lapse on his acquiring the citizenship of any foreign country of his own will.(2) in case any person becomes a citizen ..... jus sanguinis, he may chose the citizenship of either country within five years of reaching 16 years of age. in case he doesn't do so his nepali citizenship shall automatically lapse on the expiry of this time-limit.provided that persons who have acquired citizenship in this manner before the commencement of this act ..... as the act) has disqualified the petitioner from the post of mukhlya, ballour gram panchayat in the district of darbhanga on the ground that the petitioner was a nepali citizen and therefore, is not entitled to occupy the elected office under question. petitioner wants the impugned order, therefore, to be set aside in the present writ .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-19-2008
Reported in : JT2009(1)SC562; 2009(1)SCALE551; (2009)3SCC35
S.B. Sinha, J.1. These appeals are directed against a judgment and order dated 7.5.2003 passed by a Division Bench of the High Court of Judicature at Allahabad, Lucknow Bench, Lucknow whereby and whereunder an order dated 22..12.2000 passed by the Central Administrative Tribunal in Original Application No. 151 of 1995 as also the office memorandum dated 22.12.2000 were set aside and the appellants herein were directed to consider the case of absorption of the respondents in terms of the scheme by considering the question of relaxation with respect to their length of experience in accordance with the provisions of Clause 9 thereof. It was furthermore directed that benefit with respect to breaks shall also be given to the petitioners as had been done in the case of other researchers who had been absorbed.2. The basic fact of the matter is not in dispute.Appellant is a society registered under the Societies Registration Act. It has laboratories situated in different parts of the country. ...
Tag this Judgment!Court : Patna
Decided on : May-22-2008
Sheema Ali Khan, J.1. The Land Acquisition Officer has issued a declaration under Section 6 of the Bihar Land Acquisition Act on 14-11-2006 for acquisition of land appertaining to Khata No. 2, Plot No. 41, measuring 6.15 decimals. This declaration has been challenged by the petitioners. The said land is being acquired for the purpose of construction of a military base camp for the safety and surveillance of the Indo Nepal Border.2. In this writ petition, the petitioners have made a prayer that the land of the petitioners described above should be excluded from the emergency provisions of the Land Acquisition Act and that the petitioners should get an opportunity to file objection whereby the petitioners can save their brick kiln business as according to them there are alternative lands situated adjacent to the chunk of land sought to be acquired which measures 26.14 acres.3. The facts are that the notification under Section 4 of the Act was issued and received by the petitioners on 5-...
Tag this Judgment!Court : Chennai
Decided on : Dec-01-2008
A. Kulasekaran, J.1. The facts involved in the cases on hand is as follows:(i) The first respondent herein is Steel Authority of India (SAIL), which is registered as a government company under the provisions of Companies Act in which 85% shares are held by the Government of India and 15% shares are held by public. The second respondent namely Salem Steel Plant (SSP) is an unit of the first respondent, which was set up by the first respondent for production of stainless steel.(ii) The first respondent issued tender notice E/08 dated 13.03.2007, hereinafter referred to as first tender, inviting sealed tenders for establishment of new Cryogenic Air Separation Plant (ASP) in the premises of Salem Steel Plant on Build-Own-Operate (BOO) basis and supply Oxygen, Nitrogen and Argon gases on long term basis to steel melting shop (SMS) being put up under expansion. The first respondent appointed the fifth respondent as Consultant-cum-Project Manager. The tender floated on 13.03.2007 was opened o...
Tag this Judgment!Court : Mumbai
Decided on : Mar-13-2008
Reported in : 2008(3)ALLMR240; 2008(3)BomCR593; 2008(4)MhLj370
Swatanter Kumar, C.J.Rule. Rule made returnable forthwith. Heard parties.1. Prelude Vijay Kumar Gupta, sole proprietor of M/s. Sanjay Transport Service, has filed this petition under Article 226 of the Constitution of India challenging the legality, propriety and validity of the contract awarded to M/s. Lirin Roadlines Pvt. Ltd., respondent No. 2, vide Government Resolution No. WPP 2003/CR-177/YSS2 dated 1st September, 2006. This contract, according to the petitioner, has been awarded through private negotiations without inviting tenders and in an arbitrary manner. Such awarding of contract is unconstitutional, violative of principles of governance and contrary to the constitutional mandate contained in Article 299 of the Constitution of India. It denies fair competition amongst similarly placed persons who hold similar qualifications like respondent No. 2 for performing the function to lift water from the Government owned wells and distribute the same at a much higher amount than what...
Tag this Judgment!Court : Mumbai
Decided on : Jun-02-2008
Reported in : 2008(4)BomCR719
N.V. Dabholkar, J.1. All ten writ petitions, together with four surviving civil applications therein, are being considered together, for disposal. Common factor in all these matters, is Godavari Dudhna Sahakari Sakhar Karkhana Ltd. at and post office Dev Nandra, Taluka Pathri, District Parbhani (henceforth, referred to as 'the sick factory'). The sick factory has come to grinding halt, so far as its business of production of sugar is concerned. After interim order of liquidation under Section 102 of the Maharashtra Cooperative Societies Act, 1960 ('MCS Act' for brevity's sake) dated 14.3.2002, finally, liquidation of the said sick factory, which is a specified cooperative society under Section 73-G of the MCS Act; is ordered on 15.5.2002. During the period the sick factory is under liquidation, there had been oscillation of decisions by the authorities under the MCS Act, regarding fate of the sick factory, whether to run it by granting lease or to effect sale of the same for satisfying...
Tag this Judgment!