Court : Chennai
Reported in : [1999]98CompCas205(Mad)
..... proceedings, for which notice has been issued. in these circumstances, the petitioner submitted an application before the third respondent under section 15 of the sick industrial companies (special provisions) act, 1985. the third respondent has received the same. it has also endorsed therein that the reference is complete in all respects. while ..... the recovery or take over proceedings initiated by respondents nos. 1. and 2 against the petitioner herein, in view of the provisions of the sick industrial companies (special provisions) act, 1985, in pursuance of the application filed before the third respondent by the petitioner under section 15 of the act, and pass ..... as it may specify in that behalf. it is in implementation of the scheme wherein various preventive, remedial or other measures are designed for the sick industrial company, steps by way of giving financial assistance, etc., by government, banks or other institutions, are contemplated. in other words, the scheme is implemented .....
Tag this Judgment!Court : Chennai
Reported in : [2008]81SCL535(Mad); (2007)7VST574(Mad)
..... short, 'tngst act'). secondly, the embargo placed upon any further proceedings based upon the provisions of the sick industrial companies (special provisions) act, 1985 is not available for the petitioner. section 22 of the sick industrial companies (special provisions) act, 1985 (for short, 'sica') has been interpreted by the apex court in the decision ..... the same and to consequently forbear the first respondent from resorting to any recovery proceedings unless a fresh scheme is sanctioned and implemented under the sick industrial companies (special provisions) act, 1985 by the fourth respondent.2. i have heard mr. r. karthikeyan, learned counsel appearing for the petitioner as well ..... may specify in that behalf. it is in implementation of the scheme wherein various preventive, remedial or other measures are designed for the sick industrial company, steps by way of giving financial assistance etc., by government, banks or other institutions, are contemplated. in other words, the scheme is .....
Tag this Judgment!Court : Chennai
Reported in : [1997]89CompCas600(Mad)
..... of 1994 and 4427 of 1994 have come up in appeals. 2. in the writ petitions, the petitioners sought for declaring that section 20 of the sick industrial companies (special provisions) act, 1985 (hereinafter referred to as 'the act'), is ultra vires and unconstitutional. this relief was sought for on the ground that section 20 ..... in which section 20 appears in the act. the object of the act is to make in public interest special provisions with a view to securing the timely detection of sick and potentially sick companies owning industrial undertakings, the speedy determination by a board of experts of the preventive, ameliorative, remedial and other measures which ..... employment and optimise the use of the funds of the banks and financial institutions, it would be imperative to revive and rehabilitate the potentially viable sick industrial companies as quickly as possible. it would also be equally imperative to salvage the productive assets and realise the amounts due to the banks and financial .....
Tag this Judgment!Court : Chennai
Reported in : (2008)1MLJ270; 2007(5)CTC392
..... namely, section 34. a similar situation arose in maharashtra tubes ltd. v. state industrial and investment corporation of india : [1993]1scr340 where there was inconsistency between two special laws, the finance corporation act, 1951 and the sick industries companies (special provisions) act, 1985. the latter contained section 32 which gave overriding effect to ..... its provisions and was held to prevail over the former. it was pointed out by ahmadi, j. that both special statutes contained non-obstante ..... the lic act guides where other matters are concerned.... these plural considerations lead me to the conclusion that the id act is a special statute when industrial disputes, awards and settlements are the topic of controversy, as here. there may be other matters where the lic act vis-a .....
Tag this Judgment!Court : Chennai
Reported in : (1912)ILR35Mad397
..... from an investigation of the law as it was understood prior to its enactment. see brown v. mchachlani (1872) 4 p.c. 543, robinson v. canadian pacific railway company (1892) a.c. 481 and jogendra chandra roy v. shyam das i.l.r. (1909) calc. 543. the principle laid down in bex v. abrahams (1904 ..... department for the purpose of collecting and distributing information regarding organized crime, and to assist in the investigation of crimes when they are of such a special character as to reader their assistance necessary.' such investigation would necessarily take place in any party of the presidency in which these crimes should occur, and ..... these men made statements substantially to the same effect) to mr. cox, the magistrate, which he recorded under section 164, criminal procedure code. at the trial before the special bench, which begin in the following september and went on for some months, arutnugam and somasundaram were examined as witnesses for the prosecution and gave evidence, as already .....
Tag this Judgment!Court : Chennai
Reported in : AIR1951Mad147; (1951)IMLJ628
..... decisions in the sphere of economic activities. legislation regulating the hours of labour, controlling the use of property securing fair wages for workmen, & controlling commerce & industry in the interests of public welfare belong to this type. in missouri kansas & texas ry. co. v. clay may, (1904) 194 u. s. ..... prescribe regulations for promoting the health, morals. & education, of the people, the economic & industrial development of the country, & for preserving peace & order, called the 'police power' in america, involves some kind of selection, classification & special treatment. reasonable classifications made & restrictions imposed by law do not amount to a denial of ..... the other extreme & said:'the question of the reasonableness of a rate or charge for transportation by a railroad company, involving as it does, the element of reasonableness both as regards the company & as regards the public, is eminently a question for judicial investigation, requiring due process of law for its .....
Tag this Judgment!Court : Chennai
Reported in : AIR1951Mad141; (1951)ILLJ1Mad; (1951)IMLJ213
..... were two ordinances, vi [6] of 1949 & xxviii [28] of 1949 promulgated by the governor-general which made special provision for the adjudication of industrial disputes concerning certain banking & insurance companies having branches or other establishments in more than one province. the provisions of these ordinances were subsequently embodied in the act ..... of the central legislature, act lit [54] of 1949 called the industrial disputes (banking and insurance companies) act, 1949. inter aliat his act provided that it shall not be competent for a provincial govt. or any officer or authority subordinate ..... employer raised a preliminary objection that the labour comr. had no jurisdiction to proceed with the enquiry in view of the provisions of the industrial disputes (banking and insurance companies) act, 1949. the comr. overruled the objection holding that the act did not affect the rights of the employee under section 41 .....
Tag this Judgment!Court : Chennai
Reported in : AIR1951Mad974; (1951)IILLJ194Mad; (1951)2MLJ382
..... adjudication by the tribunal was before the constitution. admittedly the reference was valid on the date it was made. proceedings thus validly commenced under the industrial disputes act must therefore be allowed to continue notwithstanding the coming into force of the constitution. otherwise, we shall be giving retrospective operation to article ..... state to provide for a satisfactory solution of the several problems which arise in the relations between employers and employees by conciliation and adjudication by special tribunals. the ultimate decisions of such tribunals have to be determined not merely by the application of legal principles to ascertained facts, but by considerations ..... facie' does not appear to take in corporate bodies. a company would certainly be a person, but it is difficult to speak of a company having a domicile. even apart from this difficulty, i very much doubt if there is anything in the industrial disputes act or even in this award which affects adversely any .....
Tag this Judgment!Court : Chennai
Reported in : AIR1954Mad130
..... both sides and all the available authorities bearing on the question which the industry of counsel could discover, were placed before us.2. the assessees, messrs. gannon dunkerley and co. (madras) ltd., are a private limited company incorporated under the indian companies act and they carry on business as engineers and contractors. the head office ..... to, or deductions from, the said works and method of payment therefor as are provided for in the said conditions.' 10. the agreement related to special repairs to the grand anicut canal and was within the state government. schedule a attached to the agreement gives the schedule of rates and approximate quantities. there ..... schedule b to this agreement gives particulars of the list of drawings relating to the work to be executed by the contractor. schedule c contains certain special specifications describing the manner and the conditions to be observed in carrying out the work. it also says that the department should supply cement and provides .....
Tag this Judgment!Court : Chennai
Reported in : AIR1955Mad121; 1955CriLJ505
..... of himself issued notice to the editor of the said newspaper. the appellant who is the state prosecutor of madras and who appeared as counsel for the employers before the industrial tribunal -- including the newspaper 'the madras mail' -- filed an answer to this notice denying the jurisdiction of the learned judge to deal with the newspaper for contempt ..... was not, the statutory power of transfer under 8. 527 could not be invoked.the supreme court pointed out that the power to punish for contempt was a special jurisdiction which was specifically excluded from the scope of the criminal procedure code by section 1(2) of the code. the very fact that but for the exclusion enacted in ..... like the present, for which no provision is made by the code. it is unnecessary, therefore, to consider what is the true construction of the words 'any special jurisdiction or power conferred by any other law now in force' in section 1.'20. a similar line of reasoning was the basis of the decision of the supreme .....
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