Judgment Search Results Home > Cases Phrase: warehousing development and regulation act 2007 section 44 offences by companies Page 1 of about 1,657 results (0.150 seconds)

Shiva Suitings Ltd. (a Company Incorporated Under the Companies Act) a ...

Court : Mumbai

Reported in : 2003(2)ALLMR72; II(2003)BC375; 2003(3)BomCR593; [2005]124CompCas849(Bom)

..... less than five years and having at the end of any financial year accumulated losses equal to or exceeding its entire net worth, shall be deemed to be a sick industrial company;(e) 'industrial company' means a company which owns one or more industrial undertakings;(f) 'industrial undertakings' means any undertaking pertaining to a scheduled industry carried on in one or more factories by any company but does not include - (i) an ancillary industrial undertaking as defined in clause (aa) of section 3 of the industries (development and regulation) act, 1951 (65 of 1951); and(ii) a small scale industrial undertaking ..... 'factory' is defined under the industries (development and regulation) act, 1951 which inter alia means where manufacturing process is being carried on with the aid of power provided fifty or more workers are working or were working thereon on any day preceding of twelve months. ..... it is the petitioners case that upon amendment of sica by amendment act of 1993 with effect from 1st february 1994, the first petitioner company satisfied all the conditions of sick industrial company and the board of directors of the first petitioner company passed a resolution in its meeting held on 1st april 1992 forming an opinion that petitioner company was sick industrial company and therefore a reference be made to the board for industrial and financial reconstruction under section 15 of sica. .....

The Goa Foundation Vs. M/S Sesa Sterlite Ltd. And Ors.

Court : Supreme Court of India

..... having considered the matter from every possible angle, has decided to exercise its power under section 8(3) of the mines and mineral regulations and development act, 1957, and to consider each of the cases on their own merits and subject to compliance with the conditions which may be laid down by the state government including for strict pollution control measures, and thereafter take a decision on the renewal in terms of section 8(3) of the mmrd act, 1957, complying fully with the procedure laid down therein. s.l.p. ..... the nature and extent of mining and trade and transportation, done illegally or without lawful authority, of iron ore and manganese ore, and the losses therefrom; and to identify, as far as possible, the persons, firms, companies and others that are engaged in such mining, trade and transportation of iron ore and manganese ore, done illegally or without lawful authority; (ii) to inquire into and determine the extent to which the management, regulatory and monitoring systems have failed to deter, prevent, detect and punish offences relating to mining ..... it was noted that mining by the lessees in goa after 22nd november, 2007 was illegal and that mining operations were suspended by the state of goa on 10th september, 2012 and environmental clearances granted to the mines were kept in abeyance by the moef on 14th september, 2012. .....

Janki Sugar Mills Co. Ltd. Vs. Union of India (Uoi) and ors.

Court : Allahabad

Reported in : AIR1976All99

..... government of india published a notified order, in exercise of the powers by section 18-aa of industries (development and regulation) act, 1951, hereinafter referred to as the act, authorising the uttar pradesh state sugar corporation limited, to take over the management of the shree sugar mills and company, doiwala district dehradun (u. p. ..... act was passed to provide for the development and regulation ..... here to refer to the speech of the minister of industrial development made in the raiya sabha moving the industrial (development and regulation) amendment bill, 1971. ..... next question argued by the learned counsel for the petitioner in the alternative was that even if it is held that investigation as required by section 15 was not necessary in a case covered by section 18-aa of the act, he urged that the principle of natural justice still applies and that as the petitioner had not been afforded any opportunity of showing cause against taking over of the factory by the central government, the said ..... similarly, under clause (b) of sub-section (1) of section 18-aa if a factory has been closed for a period of three months or more than that period and if such closure is prejudicial to the concerned schedule industry and that the financial condition of the company and the condition of the plant and machinery are such that it is possible to restart the undertaking and such re-starting is necessary in public interest, then again the factory can be taken over without any prior proceedings .....

High Court of Punjab and Haryana at Vs. M/S. Atma Tube Products Ltd. a ...

Court : Punjab and Haryana

..... . warehousing (development and regulation) act 98 ..... .(72).it was vehemently urged that only that victim of a crime who is invariably not rescued by the state machinery and whose complaint is not even registered as fir (in other than non-cognizable offences).approaches the judicial magistrate under section 200 of the code by way of a private complaint hence the intensity of his/her victimisation is much more than that of the victim of a police-case, therefore, both the victims should be treated indiscriminately for the crm ..... . the maintenance and welfare of parents and senior citizens act, 2007 defines relative ..... . burmah oil company ([acquisition of shares of oil india limited and of the undertaking in india of assam oil company limited and the burmah oil company (india trading ) limited ].act ,1981 65 cine workers and cinema theatre workers (regulation of employment) act 66 ..... . [section 2(g)].which means any legal heir of the childless senior citizen who is not a minot and is in possession of or would inherit his property after his death .such a relative is obligated to maintain a senior citizen as per sections 4&5 of the 2007 act ..... . (136).the supreme court in japani sahoo versus chander shekhar mohanty, (2007) 7 scc 374.observed that mere delay in crm-790-ma-2010 final - 80 - approaching the court of law would not by itself afford a ground for dismissing the case though it may be a relevant circumstance in reaching the final .....

Nankachi Enterprises Vs. Secretary to Government

Court : Chennai

..... illegal mining, transportation and storage of minerals and mineral dealers rules, 2011 have been framed under section 23c (1) of mines and minerals (development and regulation) act, 1957, in exercise of the powers conferred by sub-sections (1) and (1-a) of section 15 of the mines and minerals (development and regulation) act, 1957 (central act 67 of 1957) ..... to keep the mineral in the place other than in stockyard or if any grantee of registration is found to commit any offence or contravene any of the provisions of the act or rules including any discrepancies noted in form 'e' in respect of any stockyard, the district collector shall take suitable action.8. ..... reported in 2007 (3) klt213 the supreme court held that, one of the basic principles of interpretation of statutes is to construe them according to plain, literal and grammatical meaning ..... central electricity regulatory commission reported in 2007 (7) scc636 the supreme court held that, resort can be had to the legislative intent for the purpose of interpreting a provision of law, when the language employed by the legislature is doubtful or susceptible ..... public service commission reported in (2007) 3 scc720 the supreme ..... of maharashtra reported in (2007) 9 scc431 the supreme ..... k.s.misra reported in 2007 (8) scc594 the supreme court held that, it is well settled principle of interpretation of the statute that it is incumbent upon the court to avoid a construction, if reasonably permissible on the language, which will render a part .....

Indian Industrial Mineral Producers Welfare Association Vs. Government ...

Court : Andhra Pradesh

Reported in : 2005(2)ALD471; 2005(3)ALT61

..... government of andhra pradesh sought prior approval of the government of india under section 5(1) of the mines and minerals (development and regulation) act, 1957 for grant of mining lease for beach sand in favour of the 4th respondent and also under rule 27(3) of the mineral concession rules, 1960 for imposing special conditions. ..... geological survey of india, the indian bureau of mines, the atomic minerals directorate for exploration and research of the department of atomic energy of the central government, the directorates of mining and geology of any state government (by whatever name called), and the mineral exploration corporation limited, a government company within the meaning of section 617 of the companies act, 1956];[provided also that nothing in this section shall apply to any mining lease (whether called mining lease, mining concession or by any ..... on the grant of prospecting licences or mining leases :--(1) a state government shall not grant a reconnaissance permit, prospecting licence or mining lease to any person unless such person--(a) is an indian national, or a company as defined in sub-section (1) of section 3 of the companies act, 1956; and(b) satisfies such conditions as may be prescribed :provided that in respect of any mineral specified in the first schedule, no prospecting licence or mining lease shall be granted except with the previous approval of the central government.explanation :--for .....

Common Cause Vs. Union of India .

Court : Supreme Court of India

..... amicus filed a note dated 15th march, 2016 wherein the following four issues were flagged:- (i) (ii) leases lapsed under section 4a(4) of the mines and minerals (development and regulation) act, 1957 (hereinafter referred to as mmdr act, 1957) (11 leases); violation of rule 24 of the minerals (other than atomic and hydrocarbons energy minerals) concession rules, 2016 (hereinafter referred to as mcr, 2016) and rule 37 of the mineral concessions rules, 1960 (hereinafter referred to as mcr, 1960) (9 leases); (iii) illegal mining in forest lands (20 leases ..... the nature and extent of mining and trade and transportation, done illegally or without lawful authority, of iron ore and manganese ore, and the losses therefrom; and to identify, as far as possible, the persons, firms, companies and others that are engaged in such mining, trade and transportation of iron ore and manganese ore, done illegally or without lawful authority; (ii) to inquire into and determine the extent to which the management, regulatory and monitoring systems have failed to deter, prevent, detect and punish offences relating to mining ..... page 56 of 114 2006 which deals with interim operational guidelines till 13th september, 2007 in respect of applications made under eia1994 we do not see the relevance of this circular (which really dealt with transitional issues) not only for the reason given in m.c. ..... reference was also made to a circular dated 2nd july, 2007. .....

Swadeshi Cotton Mills Thozhilalar Shemalana Padukappu Union Vs. Nation ...

Court : Chennai

Reported in : (1984)ILLJ140Mad

..... obliged to take note of paragraph 8 of the judgment since the view of the learned judge practically synchronizes with our view and it reads as follows : 'the provision of chapter-3a of industries (development and regulation) act, 1951 which have been maintained in the preceding paragraph, in my view, do not indicate sufficiently 'deep and pervasive state control' so as to constitute an under taking whose control and management has been taken over under s ..... feature which has come into play so far as the mills is concerned and that is, the steps taken by the central government against the mills under the industries (development and regulation) act 65 of 1951, hereinafter referred to as central act 65 of 1951. ..... amble to central act 65/51 states that it is an act to provide for the development and regulation of certain ..... bench of punjab high court dealt with a case of cantonment boards created and regulated by the provisions of the cantonment act (central act 2/1924) whereby the management of cantonment were placed in the hands of cantonment ..... ., of the delhi high court held that the central warehousing corporation, a statutory corporation, whose entire share capital was held by the central government and over whose affairs the central government and extensive control, is not a servant or agent of ..... . section 18e(2) specifies that subject to the exceptions, restrictions and limitations by the central government, as may be specified in the notification the companies act shall continue to apply .....

Bihar Distillery and Another Vs. Union of India and Others

Court : Supreme Court of India

Reported in : AIR1997SC1208; JT1997(2)SC20; 1997(1)SCALE573; (1997)2SCC727; [1997]1SCR680

..... in the year 1951, the parliament, enacted the industries (development and regulation) act, 1951 (idr act). ..... notwithstanding the aforesaid amendment of the schedule to the industries (regulation and development) act, 1951, the establishment of a distillery, its working and the distribution and sale of the rectified spirit produced by it continued to be regulated by the states as before, under various enactments in force in those ..... by virtue of section 18-g of the idr act, the state legislature cannot, of course, make a law regulating the supply and distribution of and/or trade and commerce in such products for securing the equitable distribution and availability at fair prices of such product; such an order can be made only by the central government under that section, but in other respects, the field is open for the state legislatures.20 ..... state of uttar pradesh : [1956]1scr393 , the high court observed that 'the possibility of an order under section 18g being issued by the central government would not be enough. ..... . yet another and additional circumstance is this: it is not brought to our notice that any notified orders have been issued under section 18g of the ..... it was held that the rule made by the state and section 18g of the i.d.r. ..... after noticing entry 33 of list iii in the seventh schedule, section 18g read with other provisions of i.d.r. ..... making a declaration in terms of entry 52 in list i in section 2 of the i.d.r. ..... section 2 contains a declaration in terms of entry 52 of list .....

M/S. Ramnarayan Satyanarayan Agrawal Distilleries Pvt. Ltd. Vs. Associ ...

Court : Supreme Court of India

Reported in : AIR1995SC1686; 1995LabIC2080; 1995(3)SCALE710; (1995)4SCC563; [1995]Supp1SCR330; 1995(2)LC365(SC)

..... . by the industries (development and regulation) act, 195.1, by virtue and provision of section 2, the industries specified in the first schedule of the act, have been brought under the control ..... view of the matter, it is held that the appellant does not require a licence under section 11 of the industries (development and regulation) act to manufacture potable alcohol ..... is not an 'industrial undertaking', as defined in section 3(d) of the industries (development and regulation) act ..... . the case of the appellant is that the provisions of the industries (development and regulation) act, 1951 (hereinafter referred to as 'the act') does not apply to an industrial unit in which less than fifty ..... whether a 'factory' employing less than 50 workers can be treated as an 'industrial undertaking' under the industries (development and regulation) act, did not come up for consideration in that case at all ..... from the state government; (b) that the state government had no power, authority or jurisdiction in the matter of licensing the manufacture of potable alcohol; (c) that only the central government possesses such licensing authority; and(d) that the appellant did not hold any licence from the central government.9. it was held in that case by a division bench of madhya pradesh high court that the alcohol industry can be set up only ..... 1 belongs to kedia group of distilleries companies and enjoys a virtual monopoly in the manufacture of potable alcohol in the state of madhya pradesh along with two .....