Court : Delhi
Reported in : 62(1996)DLT278
..... lakhs thirty two thousand one hundred eighty six and paise forty four only).'(23) the first defendant had taken the plea that in view of the sick textile undertakings (nationalisation) act, 1974, the plaintiff can make the claim only before the commissioner of payments. sections 20, 21 and 23 and the second schedule are as follows:- ..... the disbursements made by the commissioner. (4) the commissioner shall, after such investigation as may, in his opinion be necessary and after giving the sick textile undertaking an opportunity of refuting the claim and after giving the claimants a reasonable opportunity of being heard, in writing, admit or reject the claim in whole or ..... '20.claims to be made to the commissioner.-every person having a claim against the owner of a sick textile undertaking shall prefer such claim before the commissioner within thirty days from the specified date; provided that if the commissioner is satisfied that the claimant was prevented .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1980Bom168
..... to an encumbrance, . falling within the expression ''encumbrance' in section 3(1) of the said act. this submission is based on the opinion of the division bench of this court in national textile corporation v. state of maharashtra : air1976bom28 . in that case, the provisions of the sick textile undertakings (nationalisation) act, 1974, which use the phrase 'any other encumbrance' were considered. it reiterated the proposition that ..... , guaranteed the payment of the amounts due under the hire purchase agreements. the 3rd defendant is the manager appointed under the coal mines (nationalisation) act, 1973. the 4th defendants-the coal india limited is incorporated under the coal mines (nationalisation) act, 1973, and its previous name was the coal mines authority limited.2. according to the plaintiffs, by three separate and identical hire purchase .....
Tag this Judgment!Court : Kolkata
..... and properties of mahalaxmi cotton mills ltd (in liquidation). in 1972, the central government took over the cotton mill under the industries (development and regulation) act, 1951. in 1974 the sick textile undertakings (nationalisation) act came into force and it was under such act that the said cotton mill and assets in relation thereto were taken over by the central government and vested in the national ..... take over only the assets in relation to the sick textile undertaking and not other assets of the owner unconnected to the sick textile undertaking. the applicant says that the expression 'in relation to' used in section 3 of the 1974 act has been interpreted by a division bench in construing similar provisions in the textile undertakings (nationalisation) act, 1995 where it was held that the assets that were .....
Tag this Judgment!Court : Karnataka
Reported in : 2003(3)KarLJ300
..... state bank of india, a commercial banking company established under the state bank of india act, essentially under article 227 of the constitution of india being aggrieved by the orders passed by the commissioner of payments functioning under the sick textile undertakings (nationalisation) act, 1974 (hereinafter referred to as 'the act', for short) and the orders passed by the court of city civil judge, bangalore, functioning ..... as an appellate authority within the meaning of section 23(7) of the act. 2. the writ petitioner-bank is common in both the petitions, though these .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1994]80CompCas30(P& H)
..... declared a sick textile undertaking under the take-over act was nationalised and ..... . this ordinance was replaced by the act known as the sick textiles undertaking (taking over of management) act, 1972 (hereinafter referred to as 'the take-over act'). reference to some of the provisions of the take-over act would be made hereinafter. the take-over act was followed by another act, i.e., the sick textile undertakings (nationalisation) act, 1974 (hereinafter called 'the nationalisation act'). under the said act, the mill in question having been .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2002SC1841; 2002(3)ALD113(SC); 2002(2)ARBLR676(SC); II(2002)BC430(SC); [2002]110CompCas685(SC); (2002)4CompLJ337(SC); JT2002(4)SC318; (2002)3MLJ144(SC); 2002(3)SCALE574;
..... respondent no. 3 which had taken over the management of respondent no. 4 became sick and proceedings were initiated under the sick textile undertakings (nationalisation) act, 1974 (for short 'the act'). the appellant filed suit for recovery against the guarantors and the principal-debtor of the amount claimed by it.the following preliminary issue ..... against the defendants, when all assets of the first defendant - company have vested in the government of india under the sick textile undertakings (nationalisation) act (hereinafter referred to as 'the act') and the compensation for the vesting of the mills in the government has already been declared. the plea raised in this behalf ..... of the surety/guarantor, the creditor' right of action against the surety is preserved.37. turning attention to the effect of the sick textile undertakings (nationalisation) act, 1974, a bare perusal of some of the provisions will indicate that there is no discharge of the liability of principal debtor, leave .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2006SC2927; [2006]134CompCas164(SC); (2006)6CompLJ448(SC); JT2006(7)SC285; 2006(7)SCALE627
..... weaving mills ltd. and ors. : [2002]2scr1093 , a division bench of this court interpreting the provisions of the 1974 act, held:turning attention to the effect of the sick textile undertakings (nationalisation) act, 1974, a bare perusal of some of the provisions will indicate that there is no discharge of the liability of principal ..... debtor, leave alone that of the surety. sections 3, 4, 5 and 20 of the act of 1974, if read together, would depict that the liability of the owner of the undertaking ..... person or body of persons authorized under the industries (development and regulation) act, 1951, or the sick textile undertakings (taking over of management) act, 1972, to take over the management of the whole or any part of the sick textile undertaking 4. before the commissioner of payments, the creditors became entitled to file .....
Tag this Judgment!Court : Mumbai
Reported in : 2003(2)ALLMR144; 2003(4)BomCR70; (2003)IIILLJ340Bom; 2003(2)MhLj700
..... from the erstwhile mills and direct recruitsto the national textile corporation.2. prior to the sick textile undertakings nationalisation act, 1974coming into effect, the below board level employees of the mills, whichwere nationalised, retired at the age of 60 years. one hundred and threetextile mills were nationalised by enacting the textile undertakingsnationalisation act of 1974 (for short 'the act of 1974'). all employees,including those who were workmen within the ..... meaning of the industrialdisputes act, 1947, immediately before the appointed date .....
Tag this Judgment!Court : Karnataka
Reported in : 2009(4)KCCR2566(D.B)
..... rights was challenged and that question, therefore, directly arose for consideration. the question was, however, not decided in the minerva mills case. section 39 of the sick textile undertakings (nationalisation) act, 1974, had also declared that the act was enacted for giving effect to the policy of the state towards securing the principles specified in clause (b) of article 39 of the constitution. article 31 ..... or abridges any of the rights conferred by article 14, article 19 or article 31'. the sick textile undertakings (nationalisation) act, 1974 was passed, we may mention here, before the constitution (forty-second amendment) act came into force. in order, therefore, to challenge the provisions of the sick textile undertakings (nationalisation) act, 1974 on the ground of inconsistency or abridgement or taking away of the fundamental rights conferred by .....
Tag this Judgment!Court : Gujarat
Reported in : (2003)4GLR325
..... 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 said ..... case, the hon'ble supreme court was 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 ..... by the labour court and also on the ground that the petitioner could not be granted any relief against the national textile corporation in view of the provisions contained in sick textile undertakings (nationalisation) act, 1974.6. being aggrieved and dissatisfied with the said order of the labour court, the petitioner filed an appeal before .....
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