Court : Supreme Court of India
Reported in : 1998VAD(SC)443; AIR1998SC2658; [1999]96CompCas171(SC); JT1998(5)SC174; 1998(4)SCALE277; (1998)6SCC294
..... , read thus:'2(1).(a) 'appointed day' means the 1st day of april, 1994; (m) 'textile undertaking' or 'the textile undertaking' means an undertaking specified in column (2) of the first schedule, the management of which was, before the appointed day, taken over by the central government under the textile undertaking (taking over of management) act, 1983, or as the case may be, under the laxmirattan and atherton ..... effect from 18th october, 1983, the management of the textile undertakings specified therein was vested in the central government by virtue of the textile undertakings (taking over of management) act , 1983. the textile undertakings (nationalisation) ordinance, 1995 was promulgated on 27th june, 1995. it was replaced by the textile undertakings (nationalisation) act, 1995 (hereinafter referred to as the 'act'). the aforesaid textile undertakings were, thereby, vested in the appellant with effect .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1987SC1255; (1987)2CompLJ130(SC); JT1987(2)SC73; 1987(1)SCALE693; (1987)2SCC539; 1987(1)LC534(SC)
..... from july 1, 1966.3. after the promulgation of the sick textile undertakings (taking over of management) ordinance, 1972. hereinafter referred to as the take-over ordinance, on october 31, 1972, the management of the textile undertaking of the petitioner-company was taken over by the state government as a sick textile undertaking. the take over ordinance was replaced by the sick textile undertakings (taking over of management) act, 1972, hereinafter referred to as the ..... take over act. on september 21, 1974, the sick textile undertakings vested in the government under the nationalisation act.4. the first point that has .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1986(2)SCALE536; (1986)4SCC368; [1986]3SCR937; 1987(1)LC288(SC)
..... , panipat woollen & general mills co. ltd., hereinafter referred to as 'the company', has challenged the taking over of the management of its two textile mills under the sick textile undertakings (taking over of management) act, 1972 (for short 'take-over act') and also the constitutional validity of the take-over act and the sick textile undertakings (nationaliisation) act, 1974 (for short 'the nationalisation act').2. it appears that the company had ..... as sick textile undertakings. in other words, the legislature has itself decided the undertakings of the company to be sick textile undertakings. indeed, in the first schedule all the sick textile undertakings have been specified. thus, it is apparent that the legislature has not left it to the executive to decide whether a particular textile undertaking is a sick textile undertaking or not. if under the take-over act the question whether a textile undertaking is a sick textile undertaking or .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1994]80CompCas30(P& H)
..... volume of production or due to any financial stringency by which it could be said that the mills had become a sick textile undertaking and hence fell within the mischief of the sick textile undertakings (taking over of management) act, 1972. therefore, the provisions of act no. 72 of 1972 do not get attracted and ..... the committee under section 15 of the 1951 act. the central government issued an ordinance known as the sick textile undertakings (taking over of management) ordinance, 1972, whereby the mills was declared a sick textile undertaking and included at serial no. 43 of the schedule attached to the ordinance. this ordinance was replaced by ..... it is stated in para 3 as under :' that the management of the suraj textiles mills was taken over under the sick textile undertakings (taking over of management), act, 1972, and, subsequently, it was nationalised under the provisions of the sick textile undertakings (nationalisation) act, 1974. the first schedule to the act of 1974 against entry .....
Tag this Judgment!Court : Delhi
Reported in : ILR1974Delhi311
..... the validity and legality of the impugned order dated. 31-10-1972.(5) on 31-10-1972 the president of india promulgated an ordinance captioned sick textile undertakings (taking over of management) ordinance of 1972, (hereinafter called the impugned ordinance) which came into force at once. by virtue of and under the provision ..... the eosistitutional validity of the impugned ordinance.(6) during the pendency of the said petition the impugned ordinance was repcaled and re-enacted by the sick textile undertaking (taking over of management) act, 1972, being act no. 72/72. the impugned act was published in the official gazette on 23-12-1972, ..... of object and reasons for introducing the bill (which became the impugned act) recites that the sick textile undertakings (taking over of management) ordinance, 1972, was promulgated on 31-10-1972 whereby the management of 46 textile under takings, pending their nationalisation, was taken over by the central government. the principal reason underlying, the .....
Tag this Judgment!Court : Chennai
Reported in : [1978]48CompCas760(Mad)
..... into force on december 23, 1972. it is an act ' to provide for the taking over, in the public interest, of the management of the sick textile undertakings, pending nationalisation of such undertakings, for the expeditious rehabilitation of such undertakings, so that such ..... represented by the authorised controller, tamil nadu textile corporation. '4. the question is whether the revision petitioner is the representative of the first accused-company and as such should be impleaded in the aforesaid case as representing the first accused-company.5. the sick textile undertakings (taking over of management) act, 1972, came ..... thereto ' as the preamble of the act shows. it must be noted that the act is ' to provide for the taking over of the management of the sick textile undertaking'. these words need particular emphasis in view of the contentions of both the parties in these proceedings. the word 'owner' in .....
Tag this Judgment!Court : Mumbai
Reported in : 1988(1)BomCR519; (1987)89BOMLR565; [1991]70CompCas528(Bom)
..... manufacturing operations. the liability that is assumed by the central government, therefore, relates only as was in the hands of the custodian under the sick textile undertaking (taking over of management) act, 1972. 34. the nationalisation act, read overall, does not, therefore, limit the liability of the owner to the ..... 1951, or as the custodian under the sick textile undertakings (taking over of management) act, 1972, and includes the west bengal state textile corporation limited which has advanced amounts to sick textile undertakings in the state.' 23. under the provisions of section 8, the owner of every sick textile undertaking is required to be given by the ..... -section (1) thereof defines 'custodian' to mean a custodian appointed under section 5 of the sick textiles undertakings (takings over of management) act, 1972. clause (h) defines 'owner' when used in relation to a sick textile undertaking to mean any person or firm who or which is, immediately before the appointed day (which is .....
Tag this Judgment!Court : Mumbai
Reported in : 1993(2)BomCR589; (1994)ILLJ345Bom
..... not include any person or body of persons authorised under industries (development and regulation) act, 1951 or sick textile undertakings (take over of management) act, 1972, to take over the management of the whole or any part of the sick textile undertaking. section 2(j) defines the expression 'sick textile undertaking' to mean 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 the undertaking which vested in the central government under the sick textile undertaking (take over of management) act, 1972. items .....
Tag this Judgment!Court : Mumbai
Reported in : 1991(2)BomCR677; (1994)IIILLJ929Bom
..... ltd. respondent no. 5 herein and the said management continued till the year 1974 when the sick textile undertakings (taking over of management) act, 1972 was replaced by the sick textile undertakings (nationalisation) ordinance, 1974 and thereafter by the sick textile undertakings (nationalisation) act, 1974, hereinafter referred to as 'the act of 1974' for the sake of brevity. by virtue of the said act of 1974 on 1.4.1974 ..... , in a state, which is in charge of the management of a sick textile undertaking either as a person authorised under the industries (development and regulation)act, 1951, or as the custodian under the sick textile undertakings (taking over of management) act, 1972 and includes the west bengal state textile corporation limited which has advanced amounts to sick textile undertakings in the state'. 12. under the aforesaid section 5, sub-section .....
Tag this Judgment!Court : Mumbai
Reported in : [1974]44CompCas471(Bom)
..... . the dispute in regard to the said sum of rs. 10 lakhs will have to be resolved by me in the light of the provisions of the sick textile undertakings (taking over of management) act, 1972 (hereinafter referred as 'the act'). both sides have relied on the scheme of the act in support of their respective contentions ..... vimadalal, j.1. this is an application by way of a judge's summons taken out by the maharashtra state textile corporation ltd. under the sick textile undertakings (taking over of management) act, 1972, for an order that the official liquidator who was appointed provisional liquidator of the respondent-company on the 28th ..... , the president of india promulgated an ordinance, which was followed by an act entitled 'the sick textile undertakings (taking over of management) act. 1972, which came into force on 31st october, 1972, under which the management of the whole of the undertaking of the respondent- company was vested in the central government. it is common ground that the .....
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