Court : Chennai
Reported in : (1969)1MLJ281
..... the realisation of the declared export value for him to be charged with any non-action in the matter. does the act contemplate the failure of the exporter to enforce the undertaking secured for the exporter by the bank in case of consignment sales an inaction in contravention of the section. one thing is ..... scheme introduced by the central government to secure much needed foreign exchange and profited themselves considerably from the import licences they were granted. under the scheme textile and handicraft exporters were issued licences for import of raw materials on the basis of their export values. this idea of the government was to ..... difficulty and anxious consideration.4. the government of india apparently inaugurated an export promotion scheme, some time prior to these adjudication proceedings, particularly with reference to textiles and handicraft goods. under this scheme, export licences were issued with reference to sale of such goods at malaya and singapore, mainly on the basis of .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1967SC1643; 1967(0)BLJR818; [1967]2SCR762
..... is not one of substance. it only removes some unnecessary words. the new sub-clause is innocuous except where it provides for the exclusion of citizens. it enables nationalisation of industries and trade. sub-clause (g) (to the generality of which the original clause (6) created some exceptions) allowed the state to make laws imposing, ..... his property save by authority of law. (2) no property, movable or immovable, including any interest in, or in any company owning, any commercial or industrial undertaking, shall be taken possession of or acquired for public purposes under any law authorising the taking of such possession or such acquisition, unless the law provides for compensation ..... . 202 and 203 of 1966 were filed by different petitioners under art. 32 of the constitution for a declaration that the mysore land reforms act (act 10 of 1962) as amended by act 14 of 1965, which fixed ceilings on land holdings and conferred ownership of surplus lands on tenants infringed arts. 14, 19 and 31 of .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1968Cal407,72CWN440
..... to convey instructions to the relevant authorities for action to be taken in case of stay-in-strikes and 'gheraos' or coercive confinement by employees of commercial undertakings. in the first place, the district officers were directed to use their own discretion in dealing with the situation. in the second place, it was stated ..... the police, report made by police about that information activates the magistrate who in his turn may direct the manner of investigation and action that police should undertake. early sections in chapter xiv call for particular notice for proper understanding how this machinery of law is designed for efficient working. when police performs the ..... with the offence of abetment of molestation under section 7 of the criminal law amendment act, 1932, and sentenced to six months imprisonment. the accused was the president of a trade union and had decided to call a strike of textile worker in nagpur. the strike was called but did not meet with success and thereupon .....
Tag this Judgment!Court : Chennai
Reported in : (1970)1MLJ300
..... the madras state and he is, therefore, competent to formulate and publish the schemes under section 68-c of the act. in the context of the act the state transport undertaking has to publish the scheme of nationalisation and the state government has to approve it. in the instant case the madras state transport department has published the scheme following the general policy of ..... government must take the requisite opinion under section 68-c of the act for initiating a nationalisation scheme under the provisions of chapter iv of the act is questioned. a definite stand has been taken by the respondents that what is required under section 68 c is that the state transport undertaking must form an opinion, and that it is unnecessary at the stage .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1969All269
..... and the right thus given to him is a proprietary right. 14. in air 1959 sc 308, the implementation of a scheme of nationalisation of bus transport under chap. iv-a of the act was under consideration, the petitioners who were plying their buses on various routes, apprehending that their rights would be taken over by the ..... exclusion complete or partial, of other persons or otherwise, from the business in any particular route or routes. under section 68-c, therefore, the state transport undertaking may propose a scheme affecting the proprietary rights of individual permit holders doing transport business in a particular route or routes. the said proposal threatens the proprietary right ..... b. dayal, j., considered a case in which the grant of compensatory permit was challenged. one h held a stage carriage permit on a route which was nationalised. he was granted a compensatory permit on a route on which b and m were the existing operators. b and m challenged the grant of the compensatory permit .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1970MP132; 1969MPLJ751
..... dated 3 april 1957, not given any publicity and is, therefore, not generally known to the service personnel, it is obvious that, in regard to the undertaking of responsibility for the integration of services, this procedure does not show any advance on the position disclosed in the earlier letter dated 3 april 1957, for the ..... laid down the test as follows:'where any body of persons having legal authority to determine questions affecting the rights of subjects, and having the duty to act judicially. act in excess of this legal authority, they are subject to the controlling jurisdiction of the kings bench division exercised in these writs'.this test was adopted ..... article 309 of the constitution and in accordance with the decisions of the government of india under the provisions of section 115(5) of the states reorganisation act, 1956 (central act 37 of 1956), the governor of (name of the state) is pleased to publish the final gradation list of the (name) establishment/department, which shall .....
Tag this Judgment!Court : Orissa
Reported in : AIR1970Ori121
..... month, compensatory days of rest of equal number to the days of rest so lost.' 8. by sub-sections (4) of section 1, the act is made applicable to every motor transport undertaking employing five or more motor transport workers. in fact, it is not disputed before us on behalf of the petitioner that the opposite party is ..... by a notification of the state government under sub-section (5) of section 1 thereof, and as the motor transport undertaking were an industrial establishment within the meaning of the said act sections 19 and 20 of the workers act which are relevant for our purpose may be quoted: '19. (1) the state government may, by notification in the ..... award covering the mill industry in ahmedabad was made by the industrial tribunal on april 21, 1948. it fixed the wages for different categories of workers in the textile mills at ahmedabad, leaving the question of clerks open. the case of hand-folders amongst the categories came up for consideration and it was argued that the wages .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1971SC870; (1969)3SCC349; [1970]3SCR147; [1970]25STC528(SC)
..... and also article 32.15. das, j. (sarkar, j. concurring) put the same thing differently.16. he observed that 'if a quasi-judicial authority acts without jurisdiction or wrongly assumes jurisdiction by committing an error as to a collateral fact and the resultant action threatens or violates a fundamental right, the question of ..... articles deals with compulsory acquisition of property. the second and third deal with saving of laws providing for acquisition of estates etc. and validation of certain acts and regulations declared void by courts. two fundamental concepts in article 31 are (a) that no person shall be deprived of his property save by authority ..... v. the commercial tax officer, visakhapatnam and ors. : [1964]4scr99 - the second part is that there is ample provision for remedies under the sales tax act to question the assessment and a petition under article 32 ignoring those provisions should not be entertained. the case of the state trading corporation considered the application of .....
Tag this Judgment!Court : Delhi
Reported in : [1998]231ITR318(Delhi); [1998]97TAXMAN144(Delhi)
..... instances of comparable cases but deliberately had failed to take them into account. it is further stated that on january 25,1994, bharat petroleum, a government of india undertaking purchased the house where the area of the plot is 500 sq. yds. the market value would work out at rs. 3,14,86,400 as detailed below ..... then finance minister recommending the purchase of the property. on may 11, 1993, an order was passed by this court recording the undertaking given by the learned counsel for the revenue that the appropriate authority would act in accordance with law. on may 19, 1993, there was a phone call from the chairman, appropriate authority, that the ..... fact without any basis and the orders of the quasi-judicial authorities are subject to judicial review. he placed reliance upon the following judgments of the supreme court :1. raza textiles ltd. v. ito : [1973]87itr539(sc) .2. anisminic ltd. v. foreign compensation commission [1969] 1 all er 208.3. union of india v. tarachand gupta and .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1970SC564; [1970]40CompCas325(SC); (1970)1SCC248; [1970]3SCR530
..... by the government in regard to the affairs of the undertakings covered by the statutes. these are the bank of england act, 1946, cotton (centralised buying) act, 1947, coal industry nationalisation act, 1946, civil aviation act, 1946, electricity act, 1947, gas act, 1948, iron and steel act, 1949 and air corporations act, 1949. it is explicable that where the government acquires undertakings of industries, the matters of policy involving public interest ..... used in various statutes of our country, viz, the indian electricity act, 1910, (sections 6, 7.. 7a), indian companies act (sections 125(4)(f), 293 and 394), banking regulation act, 1949 (section 14a), cotton textiles companies management of undertaking, liquidation and reconstruction) act, 1967 (sections 4(1), 5(1)(2). by the word 'undertaking is meant the entire organisation. these provisions indicate that the company whether it .....
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