Judgment Search Results Home > Cases Phrase: textile undertakings nationalisation act 1995 section 2 definitions Court: kerala Page 1 of about 286 results (0.132 seconds)

Dr. M.i. Itty Vs. Kerala Financial Corporation,

Court : Kerala

..... are admitted, and his liability for the undischarged debts remain unaffected. to that extent the liability of the surety remains unimpaired.the division bench held that the sick textile undertakings (nationalisation) act, 1974 does not extinguish the liability of the principal debtor, although he is discharged to the extent to which the claims against him are admitted and credited or ..... punjab national bank v. state of u.p. : (2002) 5 scc 80, the apex court considered a similar question arising under the sick textile undertakings (nationalisation) act, 1974 and held as follows:5. we have gone through the provisions of the said act and in our opinion the decision of the courts below is not correct. section 5 of the said ..... the appellant may not be able to recover money from the principal borrower. it may here be added that even as a result of the nationalisation act the liability of the principal borrower does not come to an end. it is only the mode of recovery which is referred to in the said .....

Unni Mammu Haji Vs. State of Kerala

Court : Kerala

Reported in : (1989)IILLJ493Ker

..... or clause (c) of article 39'. the validity of section 4 of the 42nd amendment act was considered by a constitution bench of the supreme court in minerva mills' case 1980(3) scc 625 where the constitutional validity of the sick textiles undertakings (nationalisation) act, 1974 was in question. chandrachud, c j. for himself and on behalf of gupta. ..... untwalia and kailasam, jj held that section 4 of the amending act was invalid and void. bhagwati j. as he then was, wrote a separate ..... carry on trade is also a matter that requires consideration with reference to the peculiar nature of the problems of labour in the motor transport undertakings dealt with under the act.12. nothing has been brought out before us to invalidate the provision for the employer's contribution of 8% of the wages towards .....

S.K.A.R.S.M. Ramanathan Chettiar Vs. National Textile Corporation Ltd. ...

Court : Kerala

Reported in : AIR1985Ker262

..... limited, and the second plaintiff, vijaya mohini mills, is one of the units of the first plaintiff by virtue of the sick textile undertakings (nationalisation) act, 1974).2. exhibit a1 dated 17-1-1975 and ext. a2 dated 6-1-1975 evidence a contract of sale between the second plaintiff and the defendant under which ..... support the alleged sale at calcutta. we do not agree. ext. a13 is the book of accounts regularly maintained in the course of business by plaintiff 2 which is a nationalised company. the relevant entries in the accounts book have been spoken to by p. w. 1 who is the accountant. this is perfectly reliable evidence. we do not see ..... account the surrounding circumstances and the evidence regarding rate of the market on the subsequent dates with a view to awarding proper damages in terms of section 73, contract act. this principle is founded upon the general duty of the seller to mitigate his damages by taking all reasonable steps to minimise his loss. the seller must therefore take .....

Syndicate Bank Vs. Narayana Iyer

Court : Kerala

Reported in : 2004(1)CTLJ373(Ker); 2003(3)KLT726

..... originally against the first defendant alone. subsequently the kerala sick textile undertakings (acquisition and transfer of undertakings) act, 1985 (act 27/1985) came into force. as per the provisions of the act, every sick textile undertaking and the right, title and interest of the owner in relation to every sick undertaking shall stand transferred to the state government. by virtue ..... case in which on the basis of principle of justice and equity the division bench found that since the claim filed by the bank under the nationalisation act was pending disposal the execution of the decree had to be postponed. the submission made by the learned counsel appearing for the plaintiff is that ..... principal debtor also and as we have said earlier as stated in the decision of the supreme court referred to above, the provisions of the nationalisation act will not discharge the principal borrower from the liability for payment of the amount. the above appeal filed by the first defendant is liable to .....

P. Sundari Bai, Etc. Etc. Vs. State of Kerala and anr.

Court : Kerala

Reported in : AIR1979Ker68

..... said property was purchased by him for a consideration of rs. 45,000 with the aid of funds borrowed by him from the federal bank ltd., by undertaking to pay interest at 10% per annum and by utilising also some further amount borrowed from private parties. the petitioner put up a building on the said ..... allowing, if necessary, for age and obsolescence.'it is stated further:'this method of valuation has been applied, for instance, to the directly productive parts of public utility undertakings (such as water works), to municipal property such as schools, sewage system, a town hall, a fire station, a swimming pool, to colleges and university buildings, public ..... when the rate of interest allowed even by the govt. of india on investments in nationalised banks and national savings certificates etc. was not less than 10%.39. another important point to be noted is that the levy of tax sanctioned under the act is only on 'buildings' and the definition of the expression 'building' contained in .....

Karunakara Kurup Vs. State of Kerala

Court : Kerala

Reported in : 2004(1)KLT215; (2004)ILLJ1069Ker

..... of the country in respect of all industrial disputes between the employers and employees in all industries, industrial establishments or undertakings, and in respect of a vast sphere of disputes. the headload workers act would apply to the whole of the state of kerala and in respect of the disputes regarding the headload workers in ..... the industrial tribunal. that was a case where the disputes between three dealers in umbrella and their workmen and between 8 dealers in textile goods and their workmen (headload workers) had been referred by the government for adjudication before the industrial tribunal under section 10(1)(d) of the ..... it is clear that the permanent headload workers employed by the industries, industrial establishments and undertakings coming within the ambit of the industrial disputes act would be workmen within the definition of a workman under the industrial disputes act and the denial of employment to such headload workers would be a dispute, that could be .....

Food Corporation of India, Alleppey Vs. Alleppey Municipality and ors.

Court : Kerala

Reported in : AIR1996Ker241

..... the constitution (read with section 154 of the government of india act, 1935) the central government cannot make full payment of local taxes in respect of their properties constructed after 1st april 1937 unless so empowered by parliament. the question of undertaking such legislation will be examined by the government of india with ..... taxation of the property of the union as contemplated under article 285. ext. p2 circular referred to above, inter alia, provides that the question of undertaking such legislation will be examined by the government of india with particular reference to the recommendations made in this behalf by the taxation enquiry commission. it ..... towards specific services rendered by the corporations. it is, no doubt, true that there is no specific provision either in the municipal corporations act or in the municipalities act to levy or collect such compensation for the services rendered by the corporations. however, it is a compensation payable in quasi-contract as .....

Canara Bank and ors. Vs. State of Kerala and ors.

Court : Kerala

Reported in : AIR1982Ker1

..... provided in the aforesaid rule 16 (1) and its proviso.3. four of the assessees herein are corresponding new banks as defined in the banking companies (acquisition and transfer of undertakings) act, 1970 and the remaining one is a trust. they raise the following questions for consideration in these cases :-- (1) are the municipalities concerned in these cases the same as those ..... at rates higher than rs. 275/- per half year according to the provisions contained in the proviso to rule 16 (1) in schedule ii of the travancore act where the business carried on is textile-business. this contention was overruled and rightly so, by the lower court. the lower court therefore dismissed the suit.37. no grounds exist to interfere with the .....

Alagadurai Vs. P. Immanuel Nasa JustIn and ors.

Court : Kerala

Reported in : 2010ACJ184; 2009(2)KLJ17

..... accident resulting in the disablement, and, where the disablement is of a permanent nature, such disablement as reduces his earning capacity in every employment which he was capable of undertaking at that time: provided that every injury specified (in part ii of schedule i) shall be deemed to result in permanent partial disablement.section 2(1)(1): 'total ..... was engaged at the time of the accident. his earning capacity in ever employment which he was capable of undertaking at the time of accident will then have to be considered.32. section 2(1)(1) of the w.c. act which defines 'total disablement' also mandates that it will have to be ascertained whether the disablement incapacitates a worker ..... a20 medical certificate, it is the case of the appellant that at the time of the accident he was capable of driving alone and he is unable to undertake that income earning activity now. he therefore contends that he has suffered permanent total disablement as defined under section 2(1) of the w.c .....

Regional Director, Esi Corpn. Vs. Ramlal Textiles

Court : Kerala

Reported in : [1991(61)FLR298]; (1990)IILLJ568Ker

..... cloth and workers are employed in the factory for that purpose. in cannanore there was practice of giving the work of winding and weaving cloth to outsiders who undertake to do the work in their own places. such persons collect yarn from the factory for winding on weightage basis and return 'wound yarn' to the establishment ..... . court, calicut in e.i.c. no. 53/83 has filed this appeal.2. the respondent is a firm engaged in the manufacture and sale of handloom textile goods. respondent has a factory of its own covered by e.s.i. scheme. appellant by letter dated 18th november 1981 sent to the respondent required the latter ..... -called contractors is established.7. in silver jubilee tailoring house v. chief inspector of shops & establishments (1973-11-llj-495), a case under the shops & establishment act of andhra pradesh, a question arose whether there was relationship of employer and employee between tailors employed in a tailoring shop and shop owner. tailors generally attend the shop .....