Court : Chennai
Reported in : AIR1996Mad109
..... does not prevent manufacture of common salt. the petitioners or others can also produce common salt after 1st january, 1995, and they can supply such salt for industrial or other non-edible use such as manufacture of caustic soda, soda ash, water softening, refrigeration, fish curing, tanning, agriculture, etc. only when the manufacturer ..... production of other pharmaceutical preparations like iodex, erithromycine etc. from japan and not from united states of america as alleged. with regard to the allegation that company run by tatas will have monopoly, the stand of this respondent is similar to the stand of respondents 1 and 2 stated in their counter affidavit. ..... have hitherto imposed a partial ban have expressedtheir intention to cover the whole of their reitories. on other aspects he adopted the submissions of the learned special government pleader.45. i have carefully considered the submissions made by the learned counsel for the parties. 46. from the respective pleadings of the parties .....
Tag this Judgment!Court : Chennai
Reported in : [2001]103CompCas960(Mad)
..... with approval in several subsequent decisions rendered by the apex court. such approval was reiterated in the recent case of the pradeshiya industrial & investment corporation of uttar pradesh v. north india petro chemicals ltd. .17. in palmer's company law, twenty-fourth edition, in chapter 88, winding up by the court, at 85-86 the law on this aspect is ..... be tried either before the court itself or in an action, or by some other proceeding'.'18. the supreme court in the case of madhusudan gordhandas & co. v. madhu woollen industries (p.) ltd. [1972] 42 comp. cas. 125 has laid down that:'two rules are well-settled. first, if the debt is a bona fide dispute and the defence ..... is by instituting a suit in the civil court, or filing a claim before a special tribunal in cases where such a remedy is provided, the companies act has conferred a right on the unpaid creditor to apply for winding up on the ground of the company's inability to pay its debts. the fact that the creditor can maintain a .....
Tag this Judgment!Court : Chennai
Reported in : 1995(52)ECC53; 2003(162)ELT121(Mad)
..... facts leading to the filing of the said writ petition arise this way :(a) srf limited (petitioner), it is a company incorporated under the indian companies act, 1956, it is said, is a leading manufacturer of industrial fabrics having its registered office at express building, 9-10, bahadur shah zafar marg, new delhi-110 002 and one of ..... from the date of the judgment i.e., april 12, 1982.(e) aggrieved by the judgment of the high court, the department filed special leave petition and on 8-10-1982, special leave was granted. in the stay application filed by the union of india, the bench directed the appellant to pay to the respondent the ..... part and parcel whether separable or not, and it was captively used only as refractory goods, which could withstand high industrial temperature, which was necessary for such process of manufacture. what is further revealed is that the company had not directly passed on silica crucibles, as imported, to the customers or buyers. in such circumstances, we are .....
Tag this Judgment!Court : Chennai
Reported in : (1996)56TTJ(Mad)628
..... had in its hearing held on 21st dec., 1994, confirmed its prima facie opinion of winding up of the company and directed canara bank to say whether they are agreeable for disposal of the assets of the company under s. 20(4) of the sick industrial companies (special provisions) act, 1985. in its order dt. 5th june, 1994, the bifr appointed canara bank to dispose of ..... the assets of the company and gave guidelines for the same. thus, it is not in doubt that unitel communications ltd .....
Tag this Judgment!Court : Chennai
Reported in : (1996)ILLJ647Mad
..... ) proposals for the appointment, posting and promotion of the following officers:(a) secretaries, additional secretaries and joint secretaries to government;(b) heads of departments;(c) special officers such as food commissioner.(d) district judges including additional district judges, joint district judges, assistant district judges, chief judge, court of small causes, principal judge ..... would jeopardise the smooth conduct of the conference.(sd.) j. jayalalitha,november 24, 199449. thereupon, the government issued g.o.rt.no. 4297, public (special a) department, dated november 25, 1994 which is as follows:'under the first proviso to sub-rule (1) of rule 16 of the ah india service ..... issued orders recording reasons for extending the service of thiru n. haribaskar for a period of six months.48. the note for circulation submitted by public (special a) department and the reasons recorded by the chief minister are extracted herein below:'thiru n. haribaskar, l.a.s. (1959), chief secretary to .....
Tag this Judgment!Court : Chennai
Reported in : (1996)ILLJ872Mad; (1996)IMLJ331
..... in the words of the supreme court:'though the tribunal has been constituted as a substitute for the high court under article 323a, the labour courts and industrial tribunals etc., over which the high court exercises supervisory jurisdiction continue to function with the incongruous result that though the high court cannot quash their judgments, it ..... the policy of the government. therefore, the petitioner farm comes under the exceptional provision in section 2(j) and it will not come within the purview of industrial disputes act, 1947 as it is not engaged in any business, trade, manufacture or distribution of goods nor rendering any material service on profit motive to the ..... whether the legislature intended in such cases that the party should resort to art. 136 of the constitution and approach the supreme court with a petition for special leave. it may also be stated that inasmuch as the central administrative tribunal has been recognised as an effective substitute by the supreme court in s.p .....
Tag this Judgment!Court : Chennai
Reported in : (1996)1MLJ331
..... the words of the supreme court:though the tribunal has been constituted as a substitute for the high court under article 323-a, the labour courts and industrial tribunals etc., over which the high court exercises supervisory jurisdiction continue to function with the in congruous result that though the high court cannot quash their judgments ..... the policy of the government. therefore, the petitioner farm comes under the exception provision in section 2(j) and it will not come within the purview of industrial disputes act, 1947. as it is not engaged in any business, trade, manufacture or distribution of goods nor rendering any material service on profit motive to the ..... whether the legislature intended in such cases that the party should resort to article 136 of the constitution and approach the supreme court with a petition for special leave. it may also be stated that inasmuch as the central administrative tribunal has been recognised as an effective substitute by the supreme court in s.p .....
Tag this Judgment!Court : Chennai
Reported in : [1996(73)FLR1548]; (1996)ILLJ823Mad; (1996)IMLJ415
..... to the board to consider their claims in accordance with law. on july 20, 1993, the central organisations of twad board employees (affiliated to citu) raised an industrial dispute before the commissioner of labour, madras on a charter of demands which included regularisation of nmr workers who have put in qualifying services. a conciliation notice was ..... said decision of raju j. was also confirmed by a division bench of this court in w.a. no. 116) of 1993, dated january 31, 1994 and the special leave petition filed against the division bench judgment (w.a. no. 1161 of 1993) was also dismissed by the apex court. as seen already, the respondents have ..... that their union has raised a dispute with the level of joint commissioner of labour and its proceedings are still pending, the petitioners could not have invoked the special original jurisdiction of this court under article 226 of the constitution of india, without exhausting all the other remedies available under the act. when there is an .....
Tag this Judgment!Court : Chennai
Reported in : [1997]88CompCas471(Mad)
..... debentures is in contravention of any of the provisions of the securities and exchange board of india act, 1992 (act 15 of 1992), or regulations made therein or the sick industrial companies (special provisions) act, 1985 (act 1 of 1996). the securities and exchange board of india act, 1992, has made it clear that the provisions of that act are ..... in the share market. when the shares are not readily available in the market, and that too when it is a sick company, some enquiry ought to have been made by respondents nos. 17 to 19 before the alleged purchase. no details are given. further, if it is a duplicate certificate ..... their case that they purchased these shares for the purpose of their business investments. we must not that the first respondent company is a sick company, which is under the supervision of bifr and the shares of this company are not readily available in the market. it is a non-specified share which is usually known as class b shares, .....
Tag this Judgment!Court : Chennai
Reported in : (1997)IILLJ64Mad
..... the region. on account of the huge accumulated loss, the petitioner was declared as a sick industrial undertaking on march 17, 1988 within the meaning of s. 3(i) clause (c) of the sick industrial companies (special provisions) act, 1985. the industrial reconstruction bank of india has reported in may 1988 that it has found out the reasons ..... for the sickness of the company which included excess man power, high wage cost per employee compared to other leather ..... the bifr passed an order on june 16, 1994 sanctioning a fresh scheme of rehabilitation of the petitioner-company, and the petitioner, not satisfied with the same, preferred an appeal before the appellate authority for industrial and financial reconstruction as appeal no. 148/94, and the same is even now pending. while the .....
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