Court : Chennai
Reported in : 1998(61)ECC50
..... is to have due regard not only to its impact on the internal or international trade of the country but also on monetary policy, the development of agriculture and industries and even on the political policies of the country involving questions of friendship, neutrality or hostility with other countries. it may be difficult for any court to have ..... import certain goods under o.g.l. during the policy period 1982-83. therefore, in my view, the decision of s.m. ali mohamed, j. in rex trading company's case, cited supra and the decision of the bombay high court in dowsyl polymers pvt. ltd. case, cited supra are not applicable to the facts of the case. ..... outside the agencies or channels decided upon must necessarily be held also in the interests of the general pubic. the real question therefore is: is the canalization through special or specialised agencies or channels in the interests of the general public?a policy as regards imports forms an integral part of the general economic policy of a .....
Tag this Judgment!Court : Chennai
Reported in : [1999]95CompCas116(Mad)
..... date, the petitioner cannot say that he is a creditor.5. the other legal ground taken by the fourth respondent is that it has already registered its name before the sick industrial companies (special provisions) act, 1985, and proceedings have been initiated by authorities under that act and enquiries are going on. since their name has been registered under the provisions of the said ..... the facts on records and submissions made at today's hearing the bench appointed idbi as the operating agency under section 16(2) of the sick industrial companies (special provisions) act, 1985, to look into the accounts of the company and submit its status report within four weeks as from today in regard to the genuineness of the entries of rs. 169.26 crores and .....
Tag this Judgment!Court : Chennai
Reported in : [2000]102CompCas378(Mad)
..... the award is published in the official gazette, be it ex parte one, and the appropriate government alone could set it aside.in grindlays bank v. central government industrial tribunal, : (1981)illj327sc , the apex court has held that though it is true that there is no express provision in the act or the rules framed ..... before them are legal proceedings. a similar controversy was considered by this court in bharat bank ltd. v. employees of the bharat bank : (1950)nullllj921sc and in associated cement companies ltd. v. p. n. sharma : (1965)illj433sc . in sarojini ramaswami v. union of india : air1992sc2219 , one of us : k. ramaswamyj. had dealt with ..... one without jurisdiction.3. as against the said contention, the complainant before the consumer forum who is the respondent herein contended that the consumer forum has been specially enacted for speedy disposal of cases and it is an additional remedy provided for an aggrieved person. it is a judicial tribunal having the trappings of a .....
Tag this Judgment!Court : Chennai
Reported in : (1998)IIIMLJ205
..... the award is published in official gazette, be it ex parte one, and the appropriate government alone could set it aside. in grindlays bank v. central government industrial tribunal, : (1981)illj327sc , the apex court has held that though it is true that there is no express provision in the act or the rules framed ..... and judicial authority. the proceedings before them are legal proceedings. similar controversy was considered by this court in bharat bank ltd. v. employees : (1950)nullllj921sc and in associated cement companies ltd. v. p. n. sharma : (1965)illj433sc . in sarojini ramaswami v. union of india, : air1992sc2219 , one of us, k. ramaswamy, j. had dealt ..... jurisdiction. 3. as against the said contention, the complainants before the consumer forum who is the respondent herein contended that the consumer forum has been specially enacted for speedy disposal of cases and it is an additional remedy provided for an aggrieved person. it is a judicial tribunal having trappings of court and .....
Tag this Judgment!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 : (2001)IIILLJ1367Mad
..... s complex world of giant corporations with their vast infrastructural organisations the state through its instrumentalities and agencies has been entering into almost every branch of industry and commerce and field of service, there can be myriad situations which result in unfair and unreasonable bargains between parties possessing wholly disproportionate and unequal ..... their lordships of the apex court had laid down further tests with respect to exercise of jurisdiction under article 226 even against the private individuals or companies or public companies which requires to be referred to.20. in delhi transport corporation v. delhi transport corporation mazdoor congress and ors. reported in : (1991)illj395sc ..... ., dated april 12, 1997, in w.p.no. 5184 of 1997. the learned counsel also relied upon the judgment of gujarat high court in special civil application no. 7220 of 1996 wherein in respect of the very same respondent-bank, it has been held that the writ petitions are not maintainable .....
Tag this Judgment!Court : Chennai
Reported in : (2000)IILLJ593Mad
..... management by virtueof the powers conferred under the act forsummoning of records, etc. in the light of thesaid position, it is also stated that thepetitioner-company is willing to furnish thedocuments, registers, ledgers, etc., relating tothe employees working under them and it is notpossible to get the particulars from the othercontractors ..... tamil nadu contract labour act and the rules made thereunder, mr. sanjay mohan, learned counsel for the petitioner, contended that inasmuch as the petitioner company has engaged various third parties and contractors for the purpose of carrying out various activities, the respondent ought to have issued notice to those third ..... manufacture of medium duty commercial vehicles. it is covered by the employees' state insurance act, 1948, (hereinafter referred to as 'the act'). the company has engaged various third parties and contractors for the purpose of carrying out various activities including repairs to buildings, plant and machinery and for the purpose .....
Tag this Judgment!Court : Chennai
Reported in : [1999]97CompCas582(Mad); 1998(3)CTC589
..... of tracstar and sspl, were in violation of various requirements of law and hence it is illegal. when the sick industrial companies (special provisions) act, 1985, came into force, the board for industrial and financial reconstructioin (bifr) declared the gwl, india, as a sick industrial company.11. the industrial reconstruction bank of india was appointed as the operating agency for the purpose of preparing a scheme for revival/rehabilitation ..... shaw wallace. on 25.8.1987 gwl india made a reference to the board for industrial and financial reconstruction under section 15 of the sick industrial companies (special provisions) act. 1985. as it became a sick company by that time. on 17.3.1988 bifr declared gwl as a sick industrial company. bifr appointed industrial reconstruction bank of india as the operating agency for preparing a scheme for revival of the .....
Tag this Judgment!Court : Chennai
Reported in : 1999(2)CTC364; (2000)ILLJ340Mad
..... 23 in the first schedule can be governed only by the provisions of the i.d.r. act. the somasundaram super spinning mills owned by the petitioner company is an industrial undertaking that falls within the ambit of the i.d.r.act. the legislature of the state has no legislative power to enact a law regarding the ..... out by mr.s. venkateswaran, learned counsel appearing for the tamil nadu textile corporation, in the said writ petition there is no challenge to tamil nadu relief undertaking (special provision) act, 1969, and as such the petitioner's challenge that the first respondent, namely, the government of tamil nadu has erred in declaring the third respondent- ..... view is also taken in the decision reported in tinsukhia electric supply co., ltd., v. state of assam, : air1990sc123 . the same argument was also raised while challenging the sick textile undertakings (nationalisation) act 57 of 1974 in panipet w and c mills co., ltd., v. union of india, air 1986 sc 2082 before the supreme court. in .....
Tag this Judgment!Court : Chennai
Reported in : 1999(2)CTC17
..... of pottaneri are subject matter of impugned land acquisition for the purpose of establishing coke-oven plant by a public limited company by name southern iron and steel company ltd., (siscol) co-promoted by tamil nadu industrial development corporation (tidco) and lakshmi mchine works ltd. (lmw). an extent of 523 acres of land had been ..... as section 3(c).'section 3(c) speaks about collector- expression 'collector' means the collector of a district, and includes a deputy commissioner and any officer specially appointed by the appropriate government to perform the functions of a collector under this act. section 4 sub-clause (2) enables the land acquisition officer or other ..... , there is no need of any lands for the requisi-tioning body, accordingly the present acquisition is not warranted;(ii) inasmuch as specific authorisation authorising the special tahsildar (land acquisition) to function as collector under section 3(c) of the act, is not find place in the tamil newspaper, it is not open .....
Tag this Judgment!