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Judgment Search Results Home > Cases Phrase: sick textile undertakings taking over of management act 1972 section 13 delegation of powers Page 6 of about 88 results (0.152 seconds)

Dec 17 2012 (HC)

National Textile Corporation Ltd. and Another Vs. Kaushalya Devi and O ...

Court : Punjab and Haryana

..... company . means a company specified in column (3) of the first schedule as owning the textile undertaking specified in the corresponding entry in column (2) of that schedule. (o) textile undertaking . means an undertaking enegaged in rsa no.296 ..... sick textile undertaking . means a textile undertaking specified in the first schedule, the management of which has, before the appointed day, been taken over by the central government under the industries(development and regulation) act, 1951, or as the case may be, vested in the central government under the sick textile undertakings(taking over of management) act, 1972. (n) textile ..... ) as its units. the ntc has taken over kharar mills and rsa no.296 of 2010(o&m) 2 panipat mills under the sick textile undertakings (nationalisation) act, 1974 (in short 'the act'). however, other properties of the two mills were not taken over by the central .....

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Jan 08 1988 (HC)

Podar Mills Ltd. Vs. J.K. Synthetics Ltd.

Court : Mumbai

Reported in : 1988(2)BomCR572; [1989]66CompCas735(Bom)

..... by the court in a proceeding unless the proceeding is with the consent of the central government. undoubtedly, the language of section 8(1) of the sick textile undertakings (taking over of management) act, 1972, is somewhat different from the language of section 8(1)(c) of the present act. it is true that section 8(1 ..... ) of the sick textile undertakings (taking over of management) act, 1972, refers expressly to proceedings being continued. such words are absent in the present section 8(1)(c). but section 8(1)(c ..... the custodian and not any other party including the receiver or liquidator .15. in the case of maharashtra state textile corporation ltd. v. official liquidator : [1978]2scr499 , the supreme court was required to construe the provisions of the sick textile undertakings (taking over of management) act of 1972. section 8(1) of that act provided as follows (at p. .....

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Aug 18 1988 (HC)

National Textile Corporation (Dp and R) Ltd. and 3 ors. Vs. State of R ...

Court : Rajasthan

Reported in : 1988(2)WLN275

..... units were taken by the central government under the provisions of the sick textile (taking over of management) act, 1972 in the year 1972 and subsequently, the mills were nationalised in the year 1974 under the provisions of the sick textile undertakings (nationalisation) act 1974 and their ownership was transferred to the ntc ltd ..... ., under section 3 of the said act. ntc ltd. formed 9 subsidiary corporations under section 6 of the said act and the petitioner is one of the nine subsidiary corporations which is controlling and managing the aforesaid mills. the said mills remained a relief undertaking ..... 1-1-1987;[b] the said increase will not be given to the workmen of textile mills which are managed by the national textile corporation, and those textile mills which are declared as relief under-takings or are lying closed;[c] that the aforesaid increase will be given during the operation .....

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Aug 03 1989 (HC)

The State of Tamil Nadu Reprensented by Its Joint Secretary, Departmen ...

Court : Chennai

Reported in : (1989)2MLJ126

..... way of an equitable mortgage from the said mills.3. initially the mills was taken over under the sick textiles undertakings (taking over of management) act,1972(act 72 of 1972). later on, in accordance with the provisions of sick textiles undertakings (notification) act 1974 central act 57 of 1974), the mills came to vest in the central ..... government. thereafter, it was transferred to and came to be vested in the national textile corporation. since the loans advanced in favour of the mills by ..... because the liability to the bank would cease once saradha mills have been declared to be a sick undertaking and ultimately the ownership came to vest in the central government and from central government to the national textile corporation.. when, therefore having regard to the change of circumstances the liability to the bank .....

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Aug 03 1987 (SC)

Mahant Bal Dass Vs. State of Himachal Pradesh and anr.

Court : Supreme Court of India

Reported in : 1987Supp(1)SCC701

..... , the court has held that there was no finality or conclusiveness attached to the legislative determination of an undertaking as a sick textile undertaking specified in the first schedule to the sick textile undertakings (taking over of management) act, 1972 and it was always open to the owner of such an undertaking to challenge such inclusion or takeover. this is evident from the following passage from the judgment delivered ..... by this court: (scc p. 374, para 9)if any undertaking which has been so specified in the first schedule .....

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Nov 24 1995 (SC)

Rashtriya Mill Mazdoor Sangh Vs. National Textile Corporation (South M ...

Court : Supreme Court of India

Reported in : AIR1996SC710; JT1995(9)SC186; (1996)ILLJ787SC; 1995(6)SCALE609; (1996)1SCC313; [1995]Supp5SCR641; 1996(1)LC456(SC)

..... in relation to provident fund, salaries and wages and other amounts due to the employee in relation to the pre-take over management period. these provisions are similar to those contained in section 21 of the sick textile undertakings (nationalisation) act, 1974. in m. asghar v. union of india : (1987)illj440sc , the said provisions ..... giving lower priority to the amounts due to the employees in relation to the pre-take over period, was challenged before this court. the said ..... recovery of the said amount of rs. 16,730. on october 18, 1983, the president of india promulgated the textile undertakings (taking over of management) ordinance, 1983 whereby the management of the cotton textile undertaking of respondent no. 3 was taken over by the central government. the said ordinance was subsequently replaced by the .....

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Feb 02 1988 (HC)

Pilani Investment and Industries Corporation Ltd. and anr. Vs. Union o ...

Court : Madhya Pradesh

Reported in : AIR1988MP181; 1988MPLJ266

..... financial institutions have a precedence over unsecured loans of the government and banks.11. the petitioners pointed out that the provisions of coal mines (nationalisation) act, and sick textile undertakings (nationalisation) act are not akin to those of the hind cycles (nationalisation) act and differences in the relevant provisions were highlighted. no two acts can be ..... by virtue of the power conferred on it under section 18(a) of the act of 65 of 1951 authorised the board of management to take over bicycle undertakings of the respondent 2 at bombay as well as at gaziabad for a period of five years by issuing 2 orders. the aforesaid period was ..... hind cycles ltd. and sen-raleigh ltd. (nationalisation) ordinance, 1980, was promulgated on 25-10-1980 which was subsequently made act no. 70 of 1980, taking over the management and ownership of the bicycle factories of respondent 2-company by the central government. by notification dated 28-10-1980 the central government transferred the .....

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Sep 09 1986 (SC)

Minerva Mills Ltd. and ors. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR1986SC2030; [1987]61CompCas466(SC); JT1986(1)SC375; 1986(2)SCALE381; (1986)4SCC222; [1986]3SCR718; 1987(1)LC308(SC)

..... the order dated october 19, 1971 passed under section 18a of the industries (development and regulation) act, 1951 (for short 'idr act') taking over the management of the textile undertaking of the petitioner, minerva mills ltd., and the constitutional validity of the sick textile undertakings (nationalisation) act, 1974 (for short 'nationalisation act').2. on august 20, 1970, the central government appointed a committee section 15 of ..... the mill compound. we are unable to accept the contention of the petitioners that as the land is lying vacant since the take over, it does not form part of the undertaking. under section 4(1) of the nationalisation act, the sick textile undertaking shall be deemed to include all properties, movable and immovable, including lands, buildings, workshops, stores, etc. in the ownership, possession, power .....

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Aug 28 2001 (HC)

Kanti Cotton Mills Vs. Khodaji Gagjibhai and anr.

Court : Gujarat

Reported in : (2002)IIILLJ595Guj

..... upon second schedule of the said act which provides order of priorities for the discharge of liabilities in respect of the sick textile undertakings. category-i provides for all dues of employees of the sick textile undertaking relating to pre-take over management period and post-take over management period. he submitted that it is true that by virtue of the second judgment originally the liability is of ..... sick unit but by virtue of this act the said liability is fastened on the corporation. he submitted that in view of section .....

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Feb 28 1985 (HC)

Rashtriya Mill Mazdoor Sangh and Others Vs. R.N. Gawande, Industrial T ...

Court : Mumbai

Reported in : (1985)87BOMLR218; [1985(50)FLR401]; (1985)IILLJ524Bom

..... in respect of this mill as government found that it was not a potentially viable unit, with the result while the management of other mills was taken over by the textile undertakings (taking over of management) act (40 of 1983), the management of this mill was not.23. to start with the r.b.i. report was made on 17th november, 1982, i ..... the strength of those decisions, mr. ganesh's summation was that when t.c.i. want to close down its undertaking, viz. the mill, on the ground that the mill is incurring huge losses year after year and is irredeemably sick, it cannot possibly be said that the reasons for the intended closure of the mill are (i) not adequate or sufficient ..... of writ jurisdiction.22. mr. ganesh says the mill can never be revived. he says r.b.i. has classified the mill in category iii, viz. 'units which were bad/sick before the strike and whose position would have worsened further'. says mr. ganesh, though a viability study was carried out by i.d.b.i. in respect of other category .....

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