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 : 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 : Supreme Court of India
Reported in : AIR1987SC165; [1986]60CompCas1101(SC); JT1986(1)SC464; (1987)ILLJ440SC; 1986(2)SCALE429; (1986)4SCC283; 1987(3)SLJ207(SC); 1986(2)LC589(SC)
..... that the low priority given to amounts due to employees relating to the pre-take-over management period in the second schedule of the sick textile undertakings (nationalisation) act was unconstitutional both because it did not subserve the object of giving effect to the policy of the state towards securing the directive principle specified ..... constitution and also because the classification had no nexus with the object of the statute as stated in the preamble.2. section 21 of the sick textile undertakings (nationalisation) act is as follows:-21. the claims arising out of the matters specified in the second schedule shall have priorities in accordance with the following principles, ..... in the course of the private management by the owner of the undertaking. section 5(1) of the nationalisation act makes the position clear that every liability, other then the liabilities specified in sub-section 2 of the owner of a sick textile undertaking, in respect of any period prior to the appointed day, .....
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 .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1978SC476; [1978]48CompCas350(SC); [1978(36)FLR231]; (1978)1SCC490; [1978]2SCR499; 1978(10)LC77(SC)
..... the interpretation of an interim order passed by this court on 28th september, 1973 in a writ petition challenging the validity of the sick textile undertakings (taking over of management) act, 1972 as also the impact of the sick textile undertakings (nationalisation) act, 1974 on the proceedings taken in this case both before and after the passing of the interim order by this court.2. for short ..... as m.s.t.c., the official liquidator as o.l., the sick textile undertakings (taking over of management) act of 1972 as the management act and incase of the ordinance which had preceded that act as the management ordinance. the sick textile undertakings (nationalisation) act 1974 will be referred to as the nationalisation act.3. the point involved lies within a very narrow compass and the high court appears to .....
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..... the high court vide order dated 26.10.1983 restraining the present appellant from interfering with bank accounts relating to the property business as well as textile undertaking business. it was during pendency of the business that textile undertaking nationalisation act, 1995 came into existence and the mills stood acquired. m/s shree madhusudan mills ltd. was renamed as hall on 11.2.1999. learned single ..... judge allowed the said writ petition vide judgment and order dated 6.1.2005 holding that the suit premises situated at calcutta was by no means related to the textile undertakings and therefore, it .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2008(1)AWC1065(SC); JT2008(2)SC148; 2008(2)SCALE78; (2008)3SCC739;
..... background facts in a nutshell are as follows:the sick textile undertaking nationalisation act, 1974 (in short the 'act') became operative with effect from 1.4.1974. one textile undertaking i.e. mahalaxmi mills ltd. bewar vested in the central government under the act. the same was transferred to the national textile corporation (in short the 'corporation') and thereafter to ..... inter alia observed in the said case as follows:a glance at the provisions of the act, extracted hereinabove, shows that by virtue of section 3 the right, title and interest of the owner in sick textile undertakings stands transferred to and vests in the central government. section 4 provides for the effect of ..... in the central government and in turn to the corporation. section 4 of the act sets out the general effects of vesting. under section 5 of the act, deals with the liability of the owner of the sick textile undertaking and clearly provides that every liability other than the liability specified in sub-section ( .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1987SC167; [1986]60CompCas1083(SC); JT1986(1)SC450; 1986(2)SCALE442; (1986)4SCC276; 1986(2)LC610(SC)
..... , the spinning unit was closed down. thereafter, the management of the undertaking was taken over first under the sick textile undertakings (take over of management) ordinance and then under the sick textile undertakings (take over of management) act. this was followed by its nationalisation under the sick textile undertakings (nationalisation) act. the take over of management and the subsequent nationalisation are questioned in this writ petition which was originally filed in the ..... (ii) of section 2(d) of the sick textile undertakings (taking over of management) act. the second submission of shri tarkunde was that the spinning and hosiery sections of the undertaking were two separate and distinct undertakings and, therefore, the hosiery undertaking which would not fall within the definition of a textile undertaking could not be taken over and nationalised. another submission of shri tarkunde was that by the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1986SC2030; [1987]61CompCas466(SC); JT1986(1)SC375; 1986(2)SCALE381; (1986)4SCC222; [1986]3SCR718; 1987(1)LC308(SC)
..... under section 18a of the industries (development and regulation) act, 1951 (for short 'idr act') taking over the management of the textile undertaking of the petitioner, minerva mills ltd., and the constitutional validity of the sick textile undertakings (nationalisation) act, 1974 (for short 'nationalisation act').2. on august 20, 1970, the central government ..... appointed a committee section 15 of the idr act to make a full and complete investigation of the affairs of the minerva ..... petitioners that as the land is lying vacant since the take over, it does not form part of the undertaking. under section 4(1) of the nationalisation act, the sick textile undertaking shall be deemed to include all properties, movable and immovable, including lands, buildings, workshops, stores, etc. .....
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