Court : Mumbai
Reported in : AIR1976Bom28; (1975)77BOMLR352
..... first place, he had contended that under section 3 and 4 of the sick textile undertakings (nationalisation) act 1974 being act no. 57 of 1974 on and from the appointed day viz. 1st april 1974 the sick textile undertaking of the original petitioner-company, which has been included in the list of sick textile undertaking in the first schedule, has stood transferred to and vested absolutely in the central ..... thereof had been taken over by the central government under the industries (development and regulation) act. 1951. on 21st september, 1974, an ordinance called the sick textile undertakings (nationalisation) ordinance , 1974 was promulgated where under with effect from the appointed day i.e. 1st april 1974 the sick textile undertaking of the petitioner -company became vested in the central government and immediately it further stood transferred .....
Tag this Judgment!Court : Delhi
Reported in : ILR1976Delhi753
..... was contended that since the press council had no power to demand such an undertaking, it was clearly an act to pressurise the petitioner. no undertaking was given by the petitioner on january 20, 1975. on a written application made by the petitioner january 21,1975, the press ..... objections. (74) the next circumstance pointed out by the petitioner is that on january 20, 1975 and thereafter, the press council insisted upon the petitioner undertaking to maintain the status-quo in relation to shri verghese till the final desposal of the proceedings before the press council, before it granted an adjournment. it ..... the record or consists of a misconstruction of law on which assumption of jurisdiction is made, which otherwise does not exist, a certiorari can issue. in m/s. raza textiles ltd. rampur v. the income-tax officer, rampur, : [1973]87itr539(sc) the supreme court has laid down : 'noauthority, much less a quasi-judicial authority, .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : (1976)IILLJ222AP
..... by mala fides.(5) rule 36 under which the petitioner's service is terminated is not valid after the nationalisation of the bank and in view of section 24(1) of the banking companies (acquisition and transfer of undertakings) act of 1970. the said rule confers an arbitrary and unbridled discretion on the part of the management. the said ..... the respondent are:(1) that the writ petition does not lie against the 1st respondent-bank as it is functioning under the banking companies (acquisition and transfer of undertakings) act, 1970 with perpetual succession and a common seal.(2) article 311 of the constitution is not attracted as the petitioner is not in civil service either under the ..... transfer of undertakings) act, 1970. i do not think the petitioner's counsel can rely upon section 12(2) of that act, for it seems to me to apply only to officers and employees of one of the scheduled banks on the date of commencement of the act. it came into force on 31-3-1970. after the nationalisation of the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1975SC2299; 1975(Supp)SCC1; [1976]2SCR347
..... from the abovementioned correspondence that shri kapur was not speaking on behalf of the other two candidates of adjoining parliamentary constituencies. he was not even undertaking to pay anything for the use of the vehicles on behalf of the original respondent. shri kapur also did sot state that these vehicles were needed ..... 148. the word 'incur' according to the dictionary meaning means to become liable to. the word 'incur' means undertake the liability even if the actual payment may not be made immediately. the undertaking of the responsibility for the expenditure concerned may be either by the candidate or his election agent. again, a ..... candidate is also to be deemed responsible for the expenditure if he has authorised a particular expenditure to be made by someone else on his behalf.149. the contention on behalf of the respondent is that the amendment acts .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1977Raj6
..... with the plying of the vehicles of the said respondents between dhardi and bhensrodgarh. mere publication of the proposed or draft schemes of nationalisation under section 68-c of the act could not have the effect of prohibiting the states from entering into a reciprocal agreement, because at that stage it was not possible ..... the notified route or not cannot be ascertained from the notified route. the notified route may merely state the route to be operated by the state transport undertaking and the total or partial prohibition on other operators from operating on that route or a portion thereof. where, however, other operators are permitted to ..... , not included in the scheme, shall be allowed to ply as before. 4. no person other than the madhya pradesh state road transport corporation 'state transport undertaking' will be permitted to provide road transport service (stage carriage or contract carriage) on the routes or portions thereof specified in clause (2) above except as provided .....
Tag this Judgment!Court : Kolkata
Reported in : [1978]48CompCas747(Cal)
..... of the present case, the petitioners are entitled to an order of rectification as asked for in the application under section 155 of the companies act, 1956 regarding the objection that in view of the sick textile undertakings (nationalisation) act, 1974, the petitioners have no locus standi and the application is not maintainable, in my view, the said contention is utterly baseless, as the corporate ..... the facts of this case the application should be allowed.5. referring to the sick textile undertakings (nationalisation) act, 1974, which came into force from 21st of december, 1974, and the appointed day under the said act is the 1st of april, 1974, mr. mukherjee submitted that the said act has not affected in any way the right of the petitioners to apply under section 155 .....
Tag this Judgment!Court : Mumbai
Reported in : (1976)78BOMLR1
..... article 19(1)(g) of the constitution, since no fundamental rights of the petitioners were violated by the notifications and the acts of the executive government done in furtherance of their policy of nationalisation of text books for students.it was contended in support of the petition in bam jawaya's case that without legislative ..... have had to establish its own research apartment, which would be a part of its activity. can it be said under these circumstances that this is an undertaking which is purely of educational character and therefore covered by the australian case mentioned above? we are of opinion, considering the objects and the rules and ..... arose for consideration before the supreme court was, what are the exact tests for determining whether an activity is an industry? and whether activity of the ahmedabad textile industry's research association was an industry? this question had arisen in the context of the question whether a dispute between such an association and its employees .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1976SC1207; 1976CriLJ945; (1976)2SCC521; [1976]SuppSCR172; 1976(8)LC610(SC)
..... the right to personal liberty because that right can be found in articles 19(1) (b), 20 and 22 also, in view of the decision in the bank nationalisation case : [1970]3scr530 , which overruled gopalan's case : 1950crilj1383 , these rights are not mutually exclusive and therefore the suspension of the right to enforce article 21 ..... the learned counsel for the detenus have strongly relied upon 'any other purpose', occurring at the end of article 226, for enabling the high court to undertake an investigation suo motu into the question whether the executive is performing its duties. other counsel have submitted that such an enquiry suo motu can be undertaken ..... to issue writs of habeaus corpus and other powers of high courts under article 226 of the constitution.(c) the objects of the maintenance of internal security act ('the act') and the amendments of it.(d) the purpose and meaning of emergency provisions, particularly article 359 of our constitution.(e) the effect of the presidential orders .....
Tag this Judgment!Court : Mumbai
Reported in : [1979]49CompCas686(Bom)
..... ) who is manufacturing, selling and supplying, inter alia, j. k. engineering files with brand names of 'sunflower', 'sher', 'rock', etc. is a monopolistic undertaking engaged in the manufacture, sale and supply of the steel files; and that it is indulging in restrictive trade practices of the following nature : (i) abnormally increasing ..... the 1st respondent to disclose the complaint and report and to give particulars and inspection are also sought among other reliefs. 2. the petitioner has three separate undertakings, viz., woollen mills division, wool combing division and engineers files division. the engineers files division, manufactures, sells and supplies steel files in the name ..... to assess the correct value of the goods exported and to issue import certificates on the basis of such assessed value. in that case, the textile commissioner acted on a report of the committee appointed by him, and before that committee the respondents had no opportunity to present their case. he collected .....
Tag this Judgment!Court : Orissa
Reported in : (1977)ILLJ363Ori
..... comes before it without being reinstated. therefore, the labour court exercising jurisdiction under section 33c(2) has got to be circumspect before it undertakes an investigation, reminding itself that any investigation it undertake is, in a real sense incidental to its computation of a benefit under an existing right, which is its principal concern.in u.p ..... o.p. no. 2's claim holding, that he is entitled to get rs. 1,330 from the petitioner as retrenchment allowance under section 25f of the act. the petitioner by this writ application has challenged the above-mentioned order of the labour court as illegal and without jurisdiction.3. mr. nanda, the learned counsel ..... commissioner was dismissed, and thereafter he on 19-10-74 made an application before the labour court purporting it to be under section 33c(2) of the act alleging therein termination of his service by the petitioner and on that basis claiming benefits as mentioned in the statement attached thereto. the said application of o.p .....
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