Court : Mumbai
Reported in : 1994(3)BomCR225; [1994]81CompCas754(Bom)
..... of 1984 delivered on july 20, 1993, the division bench had, while dealing with the question whether certain premises vested in the custodian appointed under the textile undertakings (taking over of management) act, 1983, inter alia, held that premises occupied on leave and licence were not an asset and would not vest in the custodian ..... could be sanctioned by any court without the same having been approved by the central government and that no proposal to acquire by purchase, take-over or otherwise an undertaking be given effect to unless the central government had approved the same. previous section 24 of the said act provided for the consequences ..... against hll. this provision thus keeps alive the assurances given by tomco. clause 9 provides that pending legal proceedings against tomco and relating to its undertaking regarding its liabilities, obligations and duties shall be continued and enforced against hll. thus any orders passed in the said pending litigation at calcutta would be .....
Tag this Judgment!Court : Mumbai
Reported in : 2004(1)BomCR436; 2003(27)PTC580(Bom)
..... further. that was in fact, a case where the learned single judge held that the owner of the trade mark was not divested of his property under the textile undertakings (taking over of management) act, 1983 and hence could not be prosecuted by the custodian of the property. 31. on the other hand, it would be instructive to ..... in view of the well settled position in law, the court must have regard to all the surrounding circumstances. it would be most inappropriate for the court to undertake a rigorous exercise of finding out the differences between the mark of the appellant and its associated design, layout and colour scheme and the word mark used by the ..... cadila pharmaceutical ltd., : [2001]2scr743 , it has been held (at page 1960) that on the facts of that case the court had come to the conclusion that taking into account all the circumstances, the word 'protovit' and 'dropovit' were so dissimilar that there was no reasonable probability of confusion between the words either from a visual or .....
Tag this Judgment!Court : Delhi
Reported in : AIR1997Delhi251
..... act and various ordinances when only the management of some of the sick mills or sick textiles undertakings or some other industrial undertaking was taken over by the government. if the legislative intent was that the take over of the possession would include take over of the management also, the section 29 of the said ..... act would have been worded differently and there would have been no need to enact section 32-g which provides for take ..... the financial corporation, the object of section 32-g of the said act appears to be that the take over of management of an industrial undertaking unit is to nurse and rehabilitate the undertaking by providing it with efficient management. the expression 'management' has been the subject matter of repeated ordinances. .....
Tag this Judgment!Court : Delhi
Reported in : [1999]96CompCas950(Delhi); 1996RLR487
..... as state financial corporation act and various ordinances when only the management of some of the sick mills or sick textiles undertakings or some other industrial undertakings was taken over by the government. if the legislative intent was that the take over of the possession would include like over of the management also, the section 29 ..... of the said act would have been worded differently and there would have been no need to enact section 32g which provides for take ..... custodian of the dfc and there is no evidence on record of any take over of the management. this position is well settled and there cannot be any dispute that take over of management of an undertaking is quite distinct from taking over of its assets for the purpose of sale thereof for satisfaction of .....
Tag this Judgment!Court : Mumbai
Reported in : (1987)89BOMLR515; 1987MhLJ977
..... in these writ petitions is referred to a division bench. it is this: whether, upon the take-over of the management of the undertakings mentioned in the first schedule to the textile undertakings (taking over of management) act, 1983, under the provisions of that act, the workmen of these undertakings ceased to be such?2. we mention, illustratively, the facts of the first writ petition. it ..... concerns two undertakings of the kohinoor mills limited whose management was taken over under the act. on january .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2004SC1998; 2004(5)ALD120(SC); III(2004)BC494; 98(2004)CLT137(SC); JT2004(4)SC508; 2004(4)SCALE227; (2004)9SCC786
..... further harassment to the parties and to put an end to the litigation, we would examine the matter on merits as well.13. chapter ii of the textile undertakings (taking over of management) act, 1983 deals with taking over of the management of certain textile undertakings. sub-section (1) of section 3 lays down that on and from the appointed day, the management of all the ..... mills was taken over by the central government on 18.10.1993 under textile undertakings (taking over of management) ordinance, 1983 which was subsequently replaced by textile undertakings (taking over of management) act, 1993 on 25.12.1993. the central government constituted national textile corporation (south maharashtra) limited for the purpose of managing the textile undertakings which in turn as additional custodian took over the management of the two .....
Tag this Judgment!Court : Mumbai
Reported in : 2003(2)ALLMR144; 2003(4)BomCR70; (2003)IIILLJ340Bom; 2003(2)MhLj700
..... is duly terminated or until hisremuneration, terms and conditions of employment are duly alteredby the national textile corporation. provided that in respect of any sick textile undertaking themanagement of which could not be taken over by the centralgovernment under the sick textile undertakings (taking over ofmanagement) act, 1972 by reason of any decree, order or injunctionof any court, any agent, director (including a managing or whole-timedirector, by ..... whatever name called) or manager shall notbecome an employee of the national textile corporation. (3) notwithstanding anything contained in the industrial disputesact, 1947, or in .....
Tag this Judgment!Court : Gujarat
Reported in : (2003)4GLR325
..... dealing with the effect of section 17 of the coking coal mines (nationalisation) act, 1972 which was similar to the provisions of section 14 of the sick textile undertakings (nationalisation) act, 1974. the hon'ble supreme court has observed in this case as under :'section 17 is a special provision relating to workmen and ..... and also termination of rights and interest thereto. the petitioner was, therefore, in the continuous service of the respondent mills company even at the time when the sick textile undertakings (nationalisation) act, 1974 had come into force, w.e.f. 1st april, 1974. mr. dave has, therefore, submitted that the petitioner could not be ..... the said appeal on the ground that the services of the petitioner had been terminated prior to the taking over of the mills company by the national textile corporation, in view of the relevant provisions contained in sick industrial undertakings (nationalisation) act, 1974.7. it is this order of the industrial court, which is under .....
Tag this Judgment!Court : Gujarat
Reported in : (2004)1GLR213
..... restricted to the amount guaranteed by them, namely rs. 38,00,640-30 ps. from 1-4-1974, the appointed day under the sick textile undertaking (nationalisation) act, the textile undertaking of the original-defendant no. 1-mills company was nationalised and vested in the central government for compensation of rs. 83,61,000 and ..... of action in respect of the appellant arose subsequent to the date of the suit. it was also contended that on coming into force of the sick textile undertaking (nationalisation) act, 1974 all the properties were vested in the central government and the plaintiff was entitled only to recover its dues from the amount ..... , take note of the recent judgment of the hon'ble supreme court, in the case of industrial finance corporation of india ltd. v. cannanore spinning & weaving mills ltd. and ors., air 2002 sc 1841, and while following the said judgment, quoted the following passages, which covers the present controversies :'that because of the sick textile undertaking ( .....
Tag this Judgment!Court : Chennai
Reported in : [1998]92CompCas659(Mad)
..... of the second schedule are as follows : 'the second schedule(see sections 21, 22, 23 and 27)order of priorities for the discharge of liabilities inrespect of a sick textile undertaking.part apost-take-over management period. category i - (a) loans advanced by a bank (b) loans advanced by an institution other than a bank. (c) any other loan. ..... c.m.a. no. 28 of 1981, which indisputably runs directly contrary to the provisions of the act. 22. sri sarada mill has been taken over under the sick textile undertakings (nationalisation) act, 1974, and it is indisputably in sl. no. 98 of the first schedule to the act. section 21 of the act, which has been ..... the first respondent herein, bank of madura ltd., coimbatore, seeking for a writ of certiorari to call for and quash the proceedings of the commissioner of payments under the sick textile undertakings (nationalisation) act, 1974 (hereinafter referred to as 'the act'), in claim case no. cp/1/iv/sarada/77, dated september 4, 1982, and of the .....
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