Judgment Search Results Home > Cases Phrase: tea companies acquisition and transfer of sick tea units act 1985 chapter i preliminary Page 1 of about 556 results (0.066 seconds)

Delhi Dayalbagh Coop. House Building Society Ltd. Vs. the Registrar Co ...

Court : Delhi

..... was made available by the state government, it is necessary to refer to the provisions of the land acquisition act, 1894 (hereinafter referred to as, the la act). 4.1. part vii of the la act is under the heading acquisition of land for companies. it begins with section 38 and runs upto section 44b. section 38 was, however, repealed by act 68 ..... of the collector under section 5a or by enquiry held as provided that the purpose of acquisition is to obtain land for erection of dwelling houses for workmen employed by the company or that such acquisition is needed for construction of some building or work _____________________________________________________________________________________________________ for the company and that work is likely to prove useful to the public. 4.5. section 41 .....

Pramod Kumar Mittal Vs. Andhra Steel Corporation Ltd. and ors.

Court : Kolkata

Reported in : [1985]58CompCas772(Cal)

..... said suit, receivers were appointed over the securities and various interlocutory orders were made from time to time for the purpose of carrying out the manufacturing activities of the company. the company had also mortgaged its dankuni plant, comprising of lands, buildings, plants and machinery in favour of dena bank. dena bank had filed a suit in the chinsura ..... 398 read with section 402 and other provisions of the act including section 255, which deal with normal corporate management of the company.39. a division bench of the calcutta high court in the case of debi johra tea co. ltd. v. barendra krishna bhowmick [1980] 50 comp cas 771 had occasion to examine the scope of sections 397, ..... 398 and 402 of the companies 'act. it was observed as follows (at pp. 782-783):' it should be borne in mind that when .....

D.S. Gowda Vs. Corporation Bank

Court : Karnataka

Reported in : [1985]57CompCas668(Kar)

..... 1968 which came into force on february 1, 1969. 26. then came the nationalisation of fourteen major banks by act no. 5 of 1970, called 'the banking companies (acquisition and transfer of under takings) act', which came into force on july 19, 1969. 27. again, six more commercial banks were nationalised by act no. 40 of ..... r. act in its entirely does not apply to the nationalised banks since they acquire their corporate character not from any registration under the companies act, but they are established under the banking companies (acquisition and transfer of undertakings) acts, 1970 and 1980. so, only some of the provisions of the b.r. act are made applicable ..... then held that they have powers to reopen extortionate transactions and reduce the rate of interest to what they deem reasonable in the circumstances. (see 'the oxford companies to law' by david m. walker (1980), page 1268). we, therefore, hold that the circulars and directives issued by the reserve bank cannot by themselves furnish .....

Commissioner of Income-tax Vs. Atam Ballabh Finance Pvt. Ltd.

Court : Delhi

Reported in : (2002)177CTR(Del)369; [2002]258ITR485(Delhi)

..... (subsidiary banks) act, 1959 (38 of 1959), a corresponding new bank constituted under section 3 of the banking companies (acquisition and transfer of undertakings) act, 1970 (5 of 1970), or under section 3 of the banking companies (acquisition and transfer of undertakings) act, 1980 (40 of 1980), or any other bank included in the second schedule ..... to the reserve bank of india act, 1934 (2 of 1934), and which is a domestic company;(ii) 'public financial institution' shall have the meaning assigned ..... of sub-section (1) of section 80m.' 8. the aforesaid decisions has been followed by the apex court in commissioner of income tax v. kotagiri industrial co-operative tea factory ltd. : [1997]224itr604(sc) stating:-'in distributors (baroda) pvt. ltd.'s case : [1985]155itr120(sc) this court has dealt with the question whether .....

Survodaya Mills Workers Union Vs. State of Karnataka and Others

Court : Karnataka

Reported in : AIR1994Kant256; ILR1994KAR687

..... bank asdefined in the state bank of india (subsidiary banks) act, 1959, or a corresponding new bank constituted under the banking companies (acquisition and transfer of undertakings) act, 1970 or a banking company as defined in the banking regulation act, 1949, or the industrial credit and investment corporation ltd., or the industrial finance corporation of ..... distribute the urban land equitably; and (iii) to regulate the construction of buildings on the urban lands. consistent with these objectives, the act provides for acquisition of all urban vacant land in excess of the ceiling limit and prohibits its transfer in any form absolutely. all that the act permits in the case ..... thecompensation. sections 12, 13, 14, 15, 16, 17 and 18 provide for constitution of tribunals second appeal to the high court and consequences of future acquisition, power of competent authority to enter upon any vacant land, consequences of concealment, and the application of the act to certain lands, etc., s. 20 .....

Amarjit Singh Vs. Punjab National Bank and Others

Court : Delhi

Reported in : [1987]61CompCas153(Delhi); [1987(54)FLR261]; (1986)IILLJ354Del

..... the public sector and determine its true role and importance as also the scheme and some of the provisions of the banking regulation act, 1949, the banking companies (acquisition and transfer of undertakings) act, 1970, and the relevant service regulations applicable to the petitioner. 16. freedom from foreign domination was a legitimate goal of the ..... deemed to be the regulations made under the act and shall have effect accordingly. 19. in exercise of the powers conferred by section 19 of the banking companies (acquisition and transfer of undertakings) act, 1970, the board of directors made in consultation with the reserve bank of india and with the previous sanction of the ..... common case that the regulations are made in exercise of powers conferred by section 19 read with sub-section (2) of section 12 of the banking companies (acquisition and transfer of undertakings) act by the board in consultation with the reserve bank of india and with the previous sanction of the central government. the .....

State of Gujarat Vs. Central Bank of India and ors.

Court : Gujarat

Reported in : AIR1987Guj113; (1987)1GLR437

..... as 'the banking companies act'). both the state government and the bank were acting in the best interest of the public. but, at ..... and original plaintiff) also extended its help to the mill company mainly wit a view to extricate it out of a difficult situation. the central bank of india (hereinafter referred to as 'the bank') stood nationalised as per the provisions of the banking companies (acquisition and transfer of undertakings) act, 1970 (hereinafter referred to ..... after recording evidence and after trial, ultimately on october 29, 1982, the city civil court, ahmedabad, decreed the suit in its entirety against the mill company, private individuals, i.e., the erstwhile directors and others who had stood as guarantors for the dues of the bank and against the national textile corporation .....

Corporation Bank Vs. D.S. Gowda and anr.

Court : Supreme Court of India

Reported in : II(1994)BC613(SC); [1994]81CompCas842(SC); JT1994(7)SC87; 1994(3)SCALE46; (1994)5SCC213; [1994]Supp1SCR170

..... defendant is entitled to? the division bench thereafter examined the provisions of the reserve bank of india act, 1934, the banking regulation act, 1949 and the banking companies (acquisition and transfer of undertakings) act, 1970 as amended from time to time and noticed the various directives/circulars issued by the reserve bank in exercise of power conferred ..... the weaker sections at simple interest of 4% per annum under the dir scheme and the balance has to be utilised in other sectors. thus the cost of acquisition to funds by banks average at 12% per annum and if the high court judgment is upheld the bank will earn 0.5% only. the learned counsel ..... regard to the rate of interest to be charged on advances/financial accommodation. the newly added section 21a restricts the court from reopening a transaction between a banking company and its debtors on the ground that the rate of interest charged is excessive, the usurious loans act or any other similar state act, notwithstanding. if any .....

Tata Motors Limited and anr. Vs. the State of West Bengal and ors.

Court : Kolkata

..... the constitution includes leasehold. the reason is leasehold is nothing but property.490. we have considered the decision of cooper (supra) where the supreme court held that the banking companies (acquisition and transfer of undertakings) act, 1969 relates to entry 45 list i and entry 42 of list iii. similarly, in rajiv sarins case (supra) the supreme ..... entry, for example:-in the case of rustom cooper vs. union of india reported in air (1970) 1 sc 248 where the supreme court held that the banking companies (acquisition and transfer of undertakings) act, 1969 relates to entry 45 list i and entry 42 of list iii.in the case of rajiv sarin vs. state of uttarakhand ..... involved a dispute regarding the right conferred by a grant (sanad) to resume the land. it is further submitted that the question of acquisition was involved in the said matter. mr. mukherjee submitted that in tata power company ltd. vs. reliance energy ltd. reported in (2009) 16 scc 659 all the paragraphs 67, 79, 100, 101, 82 and .....

Core Healthcare Limited Vs. Nirma Limited

Court : Gujarat

Reported in : [2007]138CompCas204(Guj); [2007]79SCL47(Guj)

..... if such is the wide meaning of the word 'arrangement', the fact that the scheme of compromise and arrangement for transfer of control of a company by acquisition of all its shares can be effected by an offer to acquire shares coupled with the power to compel dissenting shareholders to transfer their shares under ..... ] if the bank or financial institution is a lender in relation to any financial assets acquired under sub-section [1] by the securitization company or the reconstruction company, such securitization company or reconstruction company shall, on such acquisition, be deemed to be the lender and all the rights of such ;bank or financial institution shall vest in such ..... minority is to be expropriated. it would thus appear that even if the scheme of compromise and arrangement in essence involves acquisition by one company of the whole of the share capital of another company notwithstanding the fact that 90 per cent of the shareholders do not agree as envisaged by section 395, the same .....