Court : Supreme Court of India
Reported in : 1986(2)SCALE536; (1986)4SCC368; [1986]3SCR937; 1987(1)LC288(SC)
..... legislature has mentioned in the first schedule in both the take-over act and the nationalisation act the names of all sick textile undertakings in the country. by including certain textile undertakings as sick textile undertakings in the first schedule to the take-over act, the legislature has not made any judicial or quasi-judicial determination ..... submissions of the petitioners, in our opinion, are misconceived. there can be no doubt that in respect of each sick textile undertaking, a take-over act and a nationalisation act could be passed and, in that case, a large number of enactments would come into existence to the inconvenience of ..... taking over of the management of its two textile mills under the sick textile undertakings (taking over of management) act, 1972 (for short 'take-over act') and also the constitutional validity of the take-over act and the sick textile undertakings (nationaliisation) act, 1974 (for short 'the nationalisation act').2. it appears that the company had failed .....
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 : AIR1996SC710; JT1995(9)SC186; (1996)ILLJ787SC; 1995(6)SCALE609; (1996)1SCC313; [1995]Supp5SCR641; 1996(1)LC456(SC)
..... wages and other amounts due to the employee in relation to the pre-take over management period. these provisions are similar to those contained in section 21 of the sick textile undertakings (nationalisation) act, 1974. in m. asghar v. union of india : (1987)illj440sc , the said provisions giving lower priority to the amounts due to the employees in relation to the pre-take over ..... applicability in respect of liability for payment of gratuity under the payment of gratuity act.11. that the liabilities in respect of the period prior to the taking over of the management of the textile undertaking are not taken over by the ntc is also borne out by the textile undertakings (nationalisation) ordinance, no. 6 of 1995 promulgated by the president on june 27, 1995. the .....
Tag this Judgment!Court : Mumbai
Reported in : 1988(1)BomCR519; (1987)89BOMLR565; [1991]70CompCas528(Bom)
..... . 9. on march 27, 1974, the fifth defendant executed two deeds of guarantee in respect of the said accounts nos. 1 and 2. 10. on december 21, 1974, the sick textile undertakings (nationalisation) act, 1974, came into force. 11. on march 20, 1975, and 25, 27 march; 1975, respectively, the plaintiffs' advocates called upon the first defendant and the second, third and fourth defendants ..... submission, it is necessary to refers to the provisions of the sick textile undertakings (nationalisation) act, 1974 (now called 'the nationalisation act'.) 20. section 2 of the nationalisation act is the definition section. clause (d) of sub-section (1) thereof defines 'custodian' to mean a custodian appointed under section 5 of the sick textiles undertakings (takings over of management) act, 1972. clause (h) defines 'owner' when used in relation to a .....
Tag this Judgment!Court : Mumbai
Reported in : [1979]49CompCas98(Bom)
..... alia, a direction as to whether he should obtain consent of the central government under s. 35 of the sick textile undertakings (nationalisation) act, 1974, for continuance of liquidation proceedings in respect of edward textiles ltd. in liquidation (hereinafter called 'the company'). he also seeks directions as to whether he should withdraw misfeasance summons ..... a departure from the corresponding provisions of s. 8(1) of the 1972 ordinance of the 1972 act. 5. the 1974 ordinance was replaced by the sick textiles undertakings (nationalisation) act, 1974. the provisions of the act in so far as they are material for the purpose of the present directions are in pari materia ..... that the material provisions contained in ss. 4, 8, 10 and 35 of the 1974 ordinance, and the sick textile undertakings (nationalisation) act, 1974, are basically identical. s. 4 of the 1974 act reiterates the deeming inclusion of all other rights and interests in or arising out of such property as constituting a part of .....
Tag this Judgment!Court : Mumbai
Reported in : 1993(2)BomCR589; (1994)ILLJ345Bom
..... of the provident fund on death, retirement etc. (hereinafter referred to as 'the outgoing employees') after april 1, 1974, being the appointed date under sick textile undertaking (nationalisation) act, 1974.2. the facts giving rise to this appeal lie within a very narrow compass.(a) in the year 1965, united mills nos. i to v ..... service or on termination of service, as the case may be.7. reading section 5(2)(c) of the said sick textile undertaking (nationalisation) act, 1974 alongwith the provisions of the said provident fund act and the scheme, it is clear that the provident fund dues become due and payable only when an employee ceases to be ..... of the appellants it would be relevant to refer to the provisions of the sick textile undertaking (nationalisation) act, 1974. the preambles of the said acts 1972 and 1974 show, among other things, that the acts were enacted because the affairs of the textile mills were mismanaged and it was necessary to invest large sums for reorganisation and .....
Tag this Judgment!Court : Chennai
Reported in : [2000]243ITR487(Mad)
..... the enactments providing for the relevant levy, are only recoverable to the extent, and in the manner provided for so far as the company owning' sick textile undertakings is concerned in the sick textile undertakings (nationalisation) act.13. in the order made by the income-tax officer, there is also a significant failure to state that any attempt had been made to recover the monies from ..... entire exercise initiated by the income-tax officer is based on a misconception of the scope of his power and a complete failure to understand the provisions of the sick textile undertakings (nationalisation) act.17. the questions referred to us are, therefore, answered in favour of the assessee and against the revenue. the assessee shall be entitled to costs in the sum of rs .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1993P& H223; [1994]80CompCas47(P& H); (1993)104PLR134
..... . in the mean time, the ninth schedule to the constitution was amended by the constitution (forty-ninth amendment) act, 1975, and vide entries nos. 97 and 105 the sick textile undertakings (taking over of management) act, 1972 (central act, 72 of 1971), and the sick textile undertakings (nationalisation) act, 1974 (central act, 57 of 1974), respectively, were inserted, thereby conferring protection under article 31b of the constitution. the provisions of ..... . however, this petition was dismissed as withdrawn on 23rd april, 1974, as with effect from ist april, 1974, the sick textile undertakings (nationalisation) ordinance, 1974 (ord. 12 of 1974), had comeinto force. later on, this ordinance was repealed by the sick textile undertakings (nationalisation) act, 1974, hereinafter referred to as 'the nationalisation act', thereby maintaining the continuity of the provisions with effect from ist april, 1974 itself. in the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1987SC1255; (1987)2CompLJ130(SC); JT1987(2)SC73; 1987(1)SCALE693; (1987)2SCC539; 1987(1)LC534(SC)
murari mohan dutt, j.1. in this case the petitioners have challenged the acquisition of the textile mill of the petitioner-company under the sick textile undertakings (nationalisation) act, 1974, hereinafter referred to as the nationalisation act.2. it appears that the mill of the petitioner-company suffered a heavy loss in the year 1965-66 as a result of which the running of the mill : bad ..... the petitioner-company was taken over by the state government as a sick textile undertaking. the take over ordinance was replaced by the sick textile undertakings (taking over of management) act, 1972, hereinafter referred to as the take over act. on september 21, 1974, the sick textile undertakings vested in the government under the nationalisation act.4. the first point that has been urged by mr. lalit learned counsel appearing .....
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