Court : Kolkata
Reported in : (1990)2CALLT439(HC),95CWN360
..... point it is necessary to bestow very careful and in-depth consideration on some of the provisions, in particular, section 3(2) of the textile undertakings (taking over of management) act, 1983 (hereinafter referred to as the 'said act') and sections 78 and 79 of the trade and merhcandise marks act, section 78 provides for punishment of a person, who falsifies any trade mark, falsely applies to goods a trade mark, applies any false trade descriptions to goods whereas section 79 provides for penalty of a person, who sales or exposes for sale or has in his possession for sale any goods ..... section 3(1) of the textile undertaking (taking over of management) act, 1983 provides for vesting of management of a textile undertaking in the central government or the custodian appointed for the purpose. ..... this writ application raises a very short but very important question about the effect of vesting of management of a textile undertaking-in the central government on the trade marks registered in its name in terms of section 3 of the textile undertaking (taking over of management) act, 1983. .....
Tag this Judgment!Court : Mumbai
Reported in : 1993(1)BomCR305; (1993)IILLJ176Bom
..... -thirds of his back wages for the period april 5, 1973 to march 31, 1974 and the employee would be entitled to claim his retrenchment compensation and other legal dues from the commissioner for payment under section 17 of the sick textile undertakings (taking over if management) act. ..... with effect from april 1, 1974 and that under the provisions of sick textile undertakings (nationalisation) act, 1974 no liability other than the liabilities specified in section 5(2) in relation to the said dye works in respect of any period prior to april 1, 1974, was enforceable against them. ..... after the remand, the first labour court, bombay recorded evidence and after hearing both sides by an order dated november 1, 1983 held that the domestic enquiry conducted against the employee was fair and proper and that the findings recorded against him were not perverse. ..... the order passed by the learned labour judge is modified as follows : the penalty of dismissal awarded to the appellant is set aside and the respondents are directed to reinstate him in service with continuity of services. ..... 265) 'taking of a petty article by a worker in a moment of weakness when he yields to a temptation does not call for an extreme penalty of dismissal from service. ..... a penalty of removal from service is therefore not called for when a poor worker yields to a momentary temptation and commits an offence which often passes under the honourable name of kleptomania when committed by the rich.' 12. .....
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)
..... date of the commencement of the sick textile undertakings (taking over of management) ordinance, the spinning undertaking had become useless beyond redemption and as there was no chance of re-starting the undertaking with reasonable inputs the undertaking could not be considered to be a sick textile undertaking within the meaning of the definition in section 2(d)(ii) of the sick textile undertakings (taking over of management) act.3. ..... in the present case, we have to reckon with the definitions of 'textile,' 'textile company' and 'textile undertaking'contained in section 2(e), (f) and (g) of the sick textile undertakings (taking over of management) act and the deeming provision in section 4(3) of that act. ..... in this view, we think that the circumstance that the hosiery section of the undertaking did not close down cannot lead to the conclusion that the textile undertaking as such had in substance closed down for the purposes of section 2(d)(ii) of the sick textile undertaking (taking over of management) act. ..... the first submission of shri tarkunde was that the hosiery section of the undertaking had never ceased working and, therefore, it would not be considered that the undertaking had stopped working for more than three months so as to bring it within clause (ii) of section 2(d) of the sick textile undertakings (taking over of management) act. ..... 29 of 1983. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1986SC1234; (1986)88BOMLR662; [1987]61CompCas373(SC); (1986)2CompLJ261(SC); 1986(1)SCALE657; 1986Supp(1)SCC117; [1986]2SCR187
..... (for short 'the petitioners') while upholding the constitutional validity of the textile undertakings (taking over of management) act, 1983 insofar as it provides by section 3(1) of the act for the taking over by the central government of the management in the public interest of messrs shree sitaram mills a textile undertaking owned by it and specified in the first schedule to the act, held that the surplus land appurtenant to the mill was not an 'asset in relation to the textile undertaking' within the meaning of sub-section (2) of section 3 of the act, on the ground that the business of real estate carried on by the ..... the ordinance was replaced by an act of parliament being textile undertakings (taking over of management) act, 1983 which by sub-section (2) of section 1 was brought into force with retrospective effect from october 18, 1983, the date of promulgation of the ordinance. ..... the crucial question that falls for determination is whether the surplus land appurtenant to the mill was not an 'asset in relation to the textile undertaking' within the meaning of sub-section (2) of section 3 of the textile undertakings (taking over of management) act, 1983. ..... upon these facts the respondents filed a petition under article 226 of the constitution in the high court challenging the constitutional validity of sub-section (1) of section 3 of the textile undertakings (taking over of management) act, 1983 as violative of articles. .....
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)
..... sick textile undertaking' means a textile undertaking, specified in the first schedule the management of which has, before the appointed day, been taken over by the central government under the industries (development and regulation) act, 1951, or as the case may be, vested in the central government under the sick textile undertakings (taking over of management) act, 1972 ..... the textile mill in question answers the description of a 'sick textile undertaking' within the meaning of the expression under section 2(1)(j) of the nationalisation act read with section 2(d)(iii) of the take-over act.9. ..... the definition is not linked up with the second part as to the grant of the lease' the position will be clear if we refer to the definition of 'sick textile undertaking' as given in section 2(c)(iii) of the take-over ordinance which was replaced by the take-over act. ..... court and, as the lease, in the instant case, has been given by the petitioner-company and not by any receiver or liquidator by or under the order of, or with the approval of, any court, the textile mill cannot be held to be a sick' textile undertaking within the meaning of section 2(d)(iii) of the take-over act. ..... we do not think that because of the absence of the words 'by the textile company' after the words 'which has been leased' in section 2(d)(iii) of the take-over act, it should be held that the lease must be granted to the government or any other person by any receiver or liquidator by or under the orders of, or with the .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1994]80CompCas30(P& H)
..... , malout mandi, in the first schedule to the sick textile undertakings (taking over of management) act, 1972, as a sick textile mill and further inclusion of the said mills in the schedule to the sick textile undertakings (nationalisation) act, 1974, is against the provisions of section 2(b)(ii) of the take-over act. ..... (j) 'sick textile undertaking' means a textile undertaking, specified in the first schedule, the management of which has, before the appointed day, been taken over by the central government under the industries (development and regulation) act, 1951, or as the case may be, vested in the central government under the sick textile undertakings (taking over of management) act, 1972 ; (n) 'textile company' means a company specified in column (3) of the first schedule as owning the textile undertaking specified in the corresponding entry in column (2) of that schedule . . . ..... section 1(2) provides that sections 32 (penalties) and 33 (offences by companies) shall come into force at once and that the remaining sections, i.e. ..... union of india, air 1983 sc 1, to contend that even if the material which was placed before parliament was wrong before the mills was declared as a sick textile mill, this court cannot go into it. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR2005Cal156,[2005]125CompCas97(Cal)
..... such act was known as the textile undertakings (taking over of management) act, 1983. ..... compensation as fixed under section 5 of the act also speaks about payment for such vesting, under section 3, of the management of textile undertaking of the company. ..... in section 3 of the act it says that the management of the textile undertaking shall vest in the central government ..... sub-section (2) therein also says textile undertaking remains vested under the act. ..... sub-section (2) says that the textile undertakings shall be deemed to include all assets, rights, leaseholds, powers, authorities and privileges of the textile company in relation to the said textile undertaking and all property movable and immovable including land, building, workshop, project, stores, instruments, machinery equipment, automobiles and other vehicles and goods under production or in transit, cash balances, reserve fund investments and ..... sub-section (4) says involvement of persons of the textile company in relation to the textile undertaking. ..... sub-section (4) also says about custodian of textile undertaking. ..... sub-section (3) also says about the business and affairs of the textile undertaking. ..... far as section 8 is concerned it has been clarified that the companies act, 1956, will not be operative for such textile company in relation to such undertaking. ..... in the definition clause under section 2(d) i find 'textile undertakings' or 'the textile undertaking' means an undertaking specified in the second column of the first schedule .....
Tag this Judgment!Court : Kolkata
Reported in : [2000]246ITR170(Cal)
..... case before the tribunal was that the assessee had supplied certain materials to tata mills limited which was taken over by the central government because of promulgation of an ordinance called the textile undertakings (taking over of management) ordinance, 1983 on october 18, 1983. ..... the preamble to the ordinance, in the light of section 3 thereof which relates to the act of taking over of the management of the undertakings and section 7 (supra), we find that the 'liabilities' part remained with the companies whose undertakings had been taken over only with respect to the 'management' part.7. ..... khaitan, the learned advocate appearing for the assessee, submitted that in the light of the legal provisions contained under section 36(l)(vii) of the income-tax act, 1961, the amount of any bad debt or part thereof which is written off as irrecoverable in the accounts of the assessee has ..... the following question of law has been referred to us for our opinion under section 256(1) of the income-tax act, 1961 :'whether, on the facts and in the circumstances of the case and on appreciatipn of the ordinance and the central board of direct taxes circular, the tribunal was justified in holding that the relief ..... the tata mills for recovering the amounts due to it and if the amounts, despite such proceedings, could not have been recovered, it had the option to apply to the assessing officer in terms of section 36(1)(vii) of the income-tax act, 1961, for such relief as could be found due to it. .....
Tag this Judgment!Court : Delhi
Reported in : ILR1974Delhi311
..... this petition challenges the constitutional validity of the sick textile undertaking (taking over of management) act, 1972 (hereinafter called the impugned act) and the impugned order, under section 18a of the industrial (development and regulation) act, 1951 (hereinafter called the act). ..... (6) during the pendency of the said petition the impugned ordinance was repcaled and re-enacted by the sick textile undertaking (taking over of management) act, 1972, being act no. 72/72. ..... (45) the statement of object and reasons for introducing the bill (which became the impugned act) recites that the sick textile undertakings (taking over of management) ordinance, 1972, was promulgated on 31-10-1972 whereby the management of 46 textile under takings, pending their nationalisation, was taken over by the central government. ..... any investigation is ordered under section 15 of the act of 1951, in relation to any textile undertaking, and it is reported after such investigation that the management of such textile taking ought to he taken over under section 18a of the act of 1951. .....
Tag this Judgment!Court : Mumbai
Reported in : 1988(2)BomCR572; [1989]66CompCas735(Bom)
..... 12 of 1984, for stay of further proceedings ins the company petition.5.the question which requires determination in this appeal is whether, in view of the provisions of the textile undertakings (taking over of management) act, 1983, the respondents are entitled to take further steps in their company petition no.352 of 1983 for winding up for the appellant- company.6. ..... it is true that section 8(1) of the sick textile undertakings (taking over of management) act, 1972, refers expressly to proceedings being continued. ..... in fact, section 8, sub-section (1), clearly sets out that so long as the management of a textile undertakings of a textile company remains vested in the central government, no proceedings for the winding up of the textile company or for the appointment of a liquidator or receiver in respect thereof shall lie in any court except with the consent of the central government. ..... for example, under section 4, sub-section (2), on the appointment of a custodian, the management of the textile undertaking shall vest in such custodian and all persons in charge of the management shall cease to be in charge of such management. ..... under section 3, sub-section 2, on and from the appointed day, the management of all the textile undertakings shall vest in the central government. ..... undoubtedly, the language of section 8(1) of the sick textile undertakings (taking over of management) act, 1972, is somewhat different from the language of section 8(1)(c) of the present act. .....
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