Court : Supreme Court of India
Reported in : AIR1982SC697; (1982)2CompLJ793(SC); 1981(3)SCALE1775; (1982)1SCC125; [1982]2SCR1
..... on special area development authorities to impose the property tax on lands and buildings is therefore not in conflict with the power conferred by the coal mines nationalisation act on the union government to regulate and develop the coal mines so as to ensure rational and scientific utilisation of coal resources. the paramount purpose behind the ..... writ petition.11. in the other two appeals (nos. 1025 and 1026 of 1978), the appellant, western coalfields ltd., is also a hundred per cent undertaking of the government of india. that company has been called upon by respondent 1 to pay property tax for the years 1976-77 and 1977-78 in the ..... enactment was the measure of the erosion of the legislative competence of the state legislature. since the central act was primarily concerned with the development and regulation of declared industries and not with the ownership of industrial undertakings, it was held that the state legislature had the competence to enact the impugned law. justice pathak and .....
Tag this Judgment!Court : Gujarat
Reported in : (2004)1GLR637; [2004]53SCL330(Guj)
..... principles specified in clause (c) of article 39 of the constitution.13. the entire general business in india was nationalised by the general insurance business (nationalisation) act, 1972. the government of india, through nationalisation, took over the shares of 55 indian insurance companies and the undertakings of 52 insurers carrying on general insurance business. general insurance corporation of india (g.i.c.) was formed in ..... pursuance of section 9(1) of the act of 1972, and was incorporated on 22nd november, 1972 under, the companies act, 1956, as .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2008ACJ2399; 2008(5)ALLMR(SC)928; (2008)3CALLT1(SC); (2008)3GLR2356(SC); (2008)5MLJ1006(SC); (2008)151PLR644; 2008(7)SCALE377; (2008)10SCC404; 2008AIRSCW7532; AIR2009SC446; 2008AIRSCW7532
..... , is the question involved herein.background facts3. the parliament enacted the general insurance business (nationalisation) act 1972 (for short 1972 act) to provide for the acquisition and transfer of shares of insurance companies and undertakings of other insurers in order to serve better the need of the economy by securing the ..... insurance company limited;(d) the united india insurance company limited,and vested in the corporation before the commencement of the general insurance business (nationalisation) amendment act, 2002 shall, on such commencement, stand transferred to the central government.section 19 - functions of acquiring companies(1) ...(2) each acquiring company ..... ) the insurance companies having regard to their obligations not only in terms of the constitutional provisions but also the provisions of the 1938 act, 1972 act and 1999 act; the regulations framed thereunder and the guidelines issued, are bound to renew mediclaim policies from time to time on the same terms and .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1999KAR1715; 1999(5)KarLJ193
..... question, it was held as follows:'. . . . in exercise of the powers conferred by sub-section (1) of section 7 of the burmah shell (acquisition of undertakings in india) act, 1976 (2 of 1976), the central government, being satisfied that burmah shell refineries limited, a government company is willing to comply with such terms and conditions as may ..... board for not following the direction of the government to absorb the employees of the wound-up corporations and undertakings of the state. the supreme court held that as per section 78-a of the electricity (supply) act of 1948, the board shall be guided by the directions of the government on question of policy only. ..... the first respondent had issued a note on the qualifications and disqualifications of candidates under the act, dated 19-12-1995 and inter alia it was opined by the first respondent that employees of the state, central and public sector undertakings are deemed to hold an office of profit under an authority; and so, the same .....
Tag this Judgment!Court : Delhi
Reported in : ILR1974Delhi311
..... of assets which would undoubtedly be detrimental to the public interest. a reference to the long title of the impugned act would also show that these sick textile undertakings have been taken over pending nationalisation of such undertakings and for the expeditious rehabilitation of such undertakings so that such rehabilitation sub-serves the interest of general public.(76) the policy and purpose of a given measure ..... part of it and there is no question of paying any amount to the petitioners for it at this stage, because the impugned act is taking over only the management and is not an act for nationalising and acquiring the sick textile undertaking. in our view the petitioners have failed to prove that there has been any non-compliance with article 31(2) of the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2001SC1493; JT2001(3)SC554; 2001(2)SCALE586; (2001)5SCC212; 2001(2)SCT656(SC); (2001)2UPLBEC1232
..... under the general insurance business (nationalisation) act, 1972 (act 57 of 1972) as amended from time to time (hereinafter referred to as 'the act'). 2. the preamble to the act explains the purpose of the act as to provide for the acquisition and transfer to shares in the indian insurance companies and undertakings of other insurers in order to ..... artificial classification of gic employees has not rational differentia nor does it reasonable nexus with any constitutionally permissible object to justify the amendment in the gic nationalisation act. 9. after nationalisation all industrial disputes can and must be dealt with under relevant industrial laws, and not in exercise of absolute power conferred on the government. ..... do not think that principle is in any manner attracted to the present case. so is the position in regard to the decision in national textile workers's union etc. v. p.r.ramkrishnan & ors. : (1983)illj45sc : (1983)illj45sc . (2) reliance was placed on the decision in jyoti .....
Tag this Judgment!Court : Delhi
Reported in : ILR1973Delhi570
..... government. (11) daring the pendency of the said petition the impugned ordinance was repealed anti re-enacted by the sick textile undertaking (taking over of management) act 1972, being act no. 72/72 (hereinafter to be referred as the impugned act). the impugned act was published in the official gazette on 23-12-1972. but by virtue of section 1(2) it shall be ..... in which the plea that as a minister in charge of the portfolio of the transport department had presided over the sub-committee constituted to implement the scheme of nationalisation of bus service, the same minister could not have decided the objections on the plea of bias and disqualification was negatived. this case has obviously no relevance to ..... now. in this connection we may refer to a decision of the supreme court in c.a. 672172 decided on 9th january 1973. in that case the nationalisation scheme by the state of madras was attacked amongst others on one of the reasons that after the government had taken a policy decision of .....
Tag this Judgment!Court : Allahabad
Reported in : 2000(4)AWC3403
..... court was interpreting sub-section (2) of section 3 of the textile undertakings (taking over of management) act (40 of 1983) where the words used were 'assets in ..... forms part of the undertaking and it was not necessary that such land should have been under the use of the company prior to the date of vesting as the definition under section 4 of the nationalisation act does not put such a restriction before the vesting of such land in the national textile corporation. the supreme ..... , air 1996 sc 403. in this case, the premises were occupied by tata mills limited. it s assets were acquired under section 3 of the textile undertaking (taking over of management) act (40 of 1983). the associated building co. ltd. and others pleaded that tata mills was given possession of a portion of the disputed premises known .....
Tag this Judgment!Court : Gujarat
Reported in : 2004ACJ1657
..... high claim ratio after having accepted the premium was also arbitrary, unfair and unjustifiable at law. reference was made to section 9 of the health insurance act, 1994 of ireland to illustrate that a registered undertaking was restrained thereunder from terminating or refusing to renew a health insurance contract without consent of the other party. reliance was also placed on a circular ..... ) of article 39 of the constitution.13. the entire general business in india was nationalized by the general insurance business (nationalization) act, 1972. the government of india, through nationalization, took over the shares of 55 indian insurance companies and the undertakings of 52 insurers carrying on general insurance business. general insurance corporation of india (gic) was formed in pursuance of section 9 .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2003SC3436; [2003(2)JCR183(SC)]; 2003(2)SCALE226; (2003)4SCC378; [2003]2SCR75
..... of this legislation, certain provisionsof the act have come into force from as early as 29.10.1978. he furthersubmitted that the lease deed itself indicated that the distillery is in existence inthe common premises along with the sugar undertakings. the agreement to sellalso contemplates acquisition of the property. clause (h) of the indenturecontemplated the nationalisation of the sugar mill as a consequence ..... management or control of industrial undertakings by the centralgovernment, that is, in certain cases, the central government has alwaysexercised such powers of taking over of the management of the industrialundertakings for a temporary period in certain situations.18. the statement of objects and reasons set out in the impugned act are,inter alia,'.....it is proposed to nationalise these sick mills and the .....
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