Court : Mumbai Nagpur
..... abu kavur bai and others {(1984) 1 scc 515}, the apex court was considering the question as to whether the tamil nadu stage carriage and contract carriages (acquisition) act, 1973 was entitled to protection under article 31c of the constitution or not. ..... it can thus be seen that the apex court has held that in the absence of sub-section (4) of section 23 of the urban land (ceiling and regulation) act, 1976, where all vacant lands deemed to have been acquired by the state government are to be disposed of to sub-serve the common good, it could have been said that under the facade of social welfare legislation, a legislation was being enacted to benefit favoured private individuals or association of individuals. ..... sub-section (1) of section 8 of the act provides that for the deprivation of the proprietors of the management of their undertaking (which has remained closed with effect from the 17th may 1979 to the 22nd august 1980) during the period commencing on the 23rd august 1980 being the date on which the undertaking was taken over in pursuance of the orders made by the central government under ..... shri manohar, learned senior counsel for the petitioners, submits that in any case now the rule of law itself is embodied in article 14 of the constitution of india and if provision of law is held to be violative of rule of law, it has to be declared as ..... while considering validity of sub-section (1) of section 5 of the act, it will be relevant to refer to the scheme under chapter vi of the act .....
Tag this Judgment!Court : Mumbai
..... legal owner or not under section 4(4) of the high court (admiralty jurisdiction) act which is a statute in singapore pari materia with section 3(4) of the administration of justice act, 1956 in uk and which runs thus : 1 [1993] 2 slr 698 2 3001 [1979] 1 lloyd's report 329 (singapore court of appeal) 3 [1971] 1 lloyd's report 145 = [1973] 1 qb 265 4 (4): in the case of any such claim as is mentioned in paragraphs (d) to (q) of sub-section (1) of section 3 of this act, ..... the lifting of the corporate veil under varied circumstances not only relating to the taxing statutes or contracts which expressly enjoin such acts, but also the situation in which welfare legislations are sought to be outwitted against labour by capital, acts involving "controlling interest" issues, mergers and acquisitions amongst group companies, relationship of agency and trust requiring investigation [see ..... . since the court was deciding only the aspect of rejection of plaint under order 7 rule 11 of the code of civil procedure in that case, the court left the matter of ascertaining the ownership of the ships as sister ships or otherwise ..... ? the answer is furnished by the scheme itself which provides for "lifting the corporate veil" to find out if at least 60 per cent of the shares are held ..... the company by its subsidiary in which the property of the firm was not in one ownership but owned by three companies; the business was owned by the parent company, the land by a subsidiary and the vehicles by another subsidiary .....
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