Judgment Search Results Home > Cases Phrase: the bhaskar textile mills acquisition and transfer act 1986 Page 1 of about 2,480 results (0.357 seconds)

Bhaskar Textile Mills Represented Through Its General Manager Vs. Comm ...

Court : Orissa

Reported in : 1997(II)OLR420

..... in order to reopen the mill and for rehabilitation of the workers, the state legislature enacted bhaskar textile mills (acquisition and transfer) act, 1986 (act 4 of 1988) hereinafter referred to as 'the acquisition act' providing for acquisition and transfer of the bhaskar textile mills ltd. ..... the bhaskar textile mills was a private industry, which on account of mis-management had to be closed ..... in other words, after the textile mill stood vested under the acquisition act, its right and liabilities will have to be determined in accordance with the provisions contained in the acquisition act which is, as mentioned above, a special statute ..... act), it is justified in calling upon the petitioner to clear the outstanding tax liability of the erstwhile bhaskar textile mills.4 ..... a combined reading of sections 4 and 5 of the acquisition act clearly envisage that a textile undertaking deemed to include all assets, rights, lease holds, powers, authorities and privileges and all property, movable and immovable, investments and all other rights and interest in or arising out of such property which immediately before the appointed day were in the ownership, possession, power or control of the owner of the textile undertaking. ..... sub-section (1) of section 3 of the act provides for right of the owner in respect of the textile undertaking, is terms whereof, the right, title and interest of the owner in relation to the textile undertaking stood transferred and vested absolutely in the state government. .....

Shri Ananta Patra and ors. Vs. State of Orissa and ors.

Court : Orissa

Reported in : 2006(I)OLR568

..... 'bhaskar textile mills (acquisition and transfer) act, 1986' and under the said act the industrial establishment was transferred and vested in the hands of the orissa state textile corporation limited. ..... bhaskar textile mills limited was slated for closure/liquidation as it had no prospect for revival for which the state government in the department of textile and handloom directed the said corporation to take steps for its closure as the said mill was not functioning since may, 1998. ..... in the said case the petitioner was an employee of erstwhile bhaskar textile mill limited and stands on the same footing as that of the present petitioners. ..... the case of the petitioners is that erstwhile bhaskar textile mills limited was established in the year 1965 and at a subsequent stage the production capacity was increased. ..... the petitioners in all the writ applications were employees of erstwhile bhaskar textile mills limited working in different capacities. ..... the mater was processed and finalization of non-regular employees working in the said mill who could not be provided with the retirement benefits under the vrs, were processed under the vss with the approval of the public enterprises department. ..... after closure of the industrial establishment, for a period of three years nothing happened, and the petitioners and several other employees demanded nationalization of she mill in order to save the employees from starvation. .....

National Textile Corporation Ltd Vs. Union of India and Anrq

Court : Delhi

..... the act aforesaid was enacted to provide for the acquisition and transfer of the textile undertakings and the right, title and interest of the owners in respect of textile undertakings specified in the first schedule thereto and of which, prior thereto, management had already been taken over by the central government under section 3 of the textile undertakings (taking over of management) act, 1983.11. ..... in our opinion, the learned single judge fell in error in not appreciating the difference between the textile undertaking and the textile company and in the impugned judgment presuming that sitaram mills ltd. ..... (acquisition & transfer of undertakings) act, 1986 and the uttar pradesh sugar undertaking acquisition act, 1971 respectively but provisions of which are found pari materia to the provisions of the act with which we are concerned, also held that the liability remains of the earlier owner company and does not become of the appellant or u.p. ..... though the pleadings in the writ petition as well as memorandum of appeal are quite vague and ambiguous, but the position which emerges is: (i) that with effect from 1st april, 1994, by virtue of section 3(1) of the textile undertakings (nationalisation) act, 1995 the right, title and interest of shree sitaram mills limited (hereinafter called the earlier owner company ) in relation to its textile undertaking by the name of shree sitaram mills, n.m. .....

Shivappa Vs. Administrator, Mahadev Textile Mills

Court : Karnataka

Reported in : AIR2006Kant114; ILR2006KAR1175; 2006(1)KarLJ569

..... according to the defendant, the suit property is vested with the government by virtue of the karnataka co-operative textile mills (acquisition and transfer) ordinance, 1986 and it has authorised the respondent-defendant as an administrator to mahadev textile mills to take possession of the suit property. ..... mills vested with the government and the government has authorised the respondent/defendant to take possession of the suit property, as such, the question of plaintiff claiming that he is in lawful possession does not arise, much less, when a notice also has been issued to him asking him to hand over the possession by the respondent-administrator.7. ..... after hearing the parties, the trial court having raised as many as 5 issues, held that the plaintiff has failed to prove his lawful possession and is not entitled for possession and enjoyment and accordingly, dismissed the suit of the plaintiff as against it, an appeal was preferred before the additional civil judge (senior division), hubli in r.a. no. ..... moreover, an attempt has been made to recover the possession by issuing a notice under due process of law on vesting of the property with the government by virtue of the ordinance and the act of the defendant in attempting to take possession is in accordance with law. ..... bhaskar v. .....

Kuldip Mehta Vs. Union of India and ors.

Court : Delhi

Reported in : 1993(25)DRJ490; (1993)IILLJ422Del

..... is stated that prior to i april 1985 shares now being held by ntc (up) limited were held by swadeshi cotton mills company limited, a public limited company, and after that date by virtue of the provisions of swadeshi cotton mills company limited (acquisition and transfer of undertaking) act, 1986, the shares held by swadeshi cotton mills company limited and by its subsidiary vested in the central government and immediately thereafter the said shares stood transferred and vested in the ntc. ..... by virtue of transfer of textile undertaking of swadeshi cotton mills company limited the shareholding in swadeshi polytex limited, the second respondent stood transferred to ntc (up) limited ..... is no specific denial to the averment made by the petitioner that before he was appointed there were series of interviews and ultimately he was selected by a panel of experts which included textile secretary to the government of india. ..... respondent is union of india in the ministry of textile through its secretary, and the second and third respondents, as noted above, are respectively the company and the cmd. ..... the shareholding of the second respondent is as under:- ____________________________________________________________________________ name of the institution no of % age shares ____________________________________________________________________________ private investors 19,85,450 50.91 national textile corporation ..... limited is a subsidiary of national textile corporation ltd (ntc), a government .....

Vegetable Products Ltd. Vs. Regional Provident Fund Commissioner and o ...

Court : Kolkata

Reported in : AIR1959Cal783

..... the fact that a new company or concern subsequently takes over or acquires the factory does not shift the date of the establishment of the factory to the date of its taking over or acquisition, nor does the fact that the factory had ceased to produce goods for a certain time and resumes production after certain brief intervals, result in extinction of the old factory and establishment of a new factory. 8. ..... there, the chhaganlal textile mills private ltd. ..... 289 of 1956, chhaganlal textile mills private ltd. v. p. a. ..... in november 1956, the petitioner was asked to comply with the provisions of the employees' provident funds act (act xix of 1952) (hereinafter referred to as the 'act') and to pay its contribution to the employees' provident fund. ..... as i have stated above, it will in all cases resolve itself to a question of fact as to whether under the facts and circumstances prevailing in that particular case, it could be said that the change of ownership constituted a reestablishment in the sense that the continuity had been broken and that the factory could be said to have been established afresh. 10. ..... this application has been made complaining against the order of the commissioner, and is based upon the argument that the petitioner company is entitled to exemption under section 16 of the act as an infant industry, running a factory which had not been run for more than three years from its establishment. 3. ..... bhaskar--judgment of tendolkar, j. .....

M/S Nagindas Kasturchand and Others Vs. the Official Liquidator, High ...

Court : Mumbai

..... 400, 401, 402, 403, 405 and 427 situate at village barshi, taluka barshi, district sholapur (hereinafter referred to as the said properties) by accepting the sum of rs.1.40 crores from the owners of the said properties and also directed the official liquidator to release and relinquish the leasehold rights held by m/s rajan (textile) mills pvt ltd (in liquidation) in favour of the owners of the said properties and to execute necessary deeds and the documents as required. 2. ..... learned counsel placed reliance on sections 19, 28 (5), 31a of the recovery of debts due to banks and financial institutions act, 1993 in support of the plea that drt could not have sanctioned and/or permitted the central bank of india to settle the claims of third parties and transfer the mortgaged properties in favour of such party. ..... (2) the provisions of this act or the rules made thereunder shall be in addition to, and not in derogation of, the industrial finance corporation act, 1948 (15 of 1948), the state financial corporations act, 1951 (63 of 1951), the unit trust of india act, 1963 (52 of 1963), the industrial reconstruction bank of india act, 1984 (62 of 1984), and the sick industrial companies (special provisions) act, 1985 (1 of 1986)'. ..... (b) the central bank of india are one of the secured creditor filed a suit bearing no.99/1986 in this court against the said company for recovery of its dues. .....

G. Mahadevappa and Sons and Others Vs. State of Karnataka and Others

Court : Karnataka

Reported in : AIR1997Kant294; ILR1996KAR2934; 1996(7)KarLJ402

..... mahadeva textile mills limited stood transferred and vested absolutely in the state government; and the said ordinance was replaced by means of an act known as 'the karnataka co-operative textile mills (acquisition and transfer) act, 1986' and the same was published in the karnataka gazeue on the 1st day of october, 1986; and thereafter, by means of a notification dated 29th december, 1987, the copy of which has been produced as per annexure-c to this petition, the government of karnataka directed that the said mill would vest in the karnataka state textile private limited, with effect from the 1st day of january, 1988. 3. ..... fund commissioner, bangalore (hereinafter referred to as the 'provident fund commissioner), the copy of which has been produced as annexure-g, as illegal and void; (3) for a direction restraining the 3rd respondent-provident fund commissioner or his subordinates from demanding or enforcing recovery through the revenue department of the amount claimed under annexure-g; (4) for a further direction to the 2nd respondent to adjudicate the claim and disburse the amounts as per the provisions of the karnataka co-operative textile mills (acquisition and transfer) act, 1986 (hereinafter referred to as the 'act'); (5) and also for a direction to the 3rd respondent provident fund commissioner .....

G. Mahadevappa and Sons, Hubli and anr. Vs. the Dharwad District Co-op ...

Court : Karnataka

Reported in : ILR2002KAR2009; 2002(3)KarLJ129

..... annexure-d is the karnataka co-operative textile mills (acquisition and transfer) act, 1986 ('the actof 1986 in short) gazetted by government of karnataka, under notification no. ..... subsequently, the act of 1986 came to be enacted by the state legislature for complete acquisition and transfer to it of the said mills and all its accessories, for the purpose of proper management and development of the said mills by making improvement thereof and to ensure continuance of the production and distribution of the cloth and yarn, which are essential to the needs of economy, and to provide relief against unemployment and for matters connected therewith and are incidental thereto. ..... thirdly, in view of the management and control of the said textile mills having been completely taken over by the government on and with effect from 4-4-1979, followed by acquisition thereof on and with effect from 30-6-1986, under the act of 1986, the contractual liability of lessee firm to pay the said amount to claimant r1-society became extinguished. ..... chapter n containing sections 3 to 10provides for 'acquisition and transfer of the karnataka co-operative textile mill limited, dharwad'. .....

Somasundaram Corporation (Pvt.) Ltd,. Owners of Somasundaram Super Spi ...

Court : Chennai

Reported in : 1999(2)CTC364; (2000)ILLJ340Mad

..... later the mill was acquired by the government of tamil nadu under somasundaram super spinning mill (acquisition and transfer) act, 1986 and the management was vested with tamil nadu textile corporation with effect from 14.8.1986. ..... in the light of what is stated above, i pass the following order:(i) the impugned legislation, namely, somasundaram super spinning mills (acquisition and transfer) act of 1986 (tamil nadu act 81 of 1986) is intra-vires of the constitution of india and validly enacted by the state legislature; accordingly writ petition no. ..... before going into the said decision, it is better to refer the details which made the government of tamil nadu to pass somasundaram super spinning mills (acquisition and transfer) act of 1986 (tamil nadu act 81 of 1986). ..... this has subsequently been followed by the enactment of the somasundaram super spinning mills (acquisition and transfer) act 1986, tamil nadu act 81 of 1986. ..... as per section 14 of the somasundaram super spinning mills (acquisition and transfer) act, all the workmen employed in the mills shall continue in the employment of textile corporation and other workmen shall also continue in employment until the employment is duly terminated or terms and conditions altered by the corporation. .....