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Judgment Search Results Home > Cases Phrase: warehousing development and regulation act 2007 section 7 duties of warehousemen Page 1 of about 667 results (0.113 seconds)

Jan 21 2003 (HC)

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)

..... 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 as defined in clause (j) of the aforesaid ..... '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 ..... the auditors in their report made on 30th august 1993 opined this :'in our opinion and as per the information and explanation given to us, section 3(1)(o) of the sick industrial companies (special provisions) act, 1985 is not applicable to the company, though the accumulated losses exceed the entire net worth ..... 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. .....

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Feb 07 2018 (SC)

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

Court : Supreme Court of India

..... 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. ..... the honourable supreme court has held that the deemed mining leases of the lessees in goa expired on 22nd november, 1987 and the maximum of 20 years renewal period of the deemed mining leases in goa as provided under subsection (2) of section 8 of the mmdr act, read with sub-rules 8 and 9 of rule 24-a of the mc rules expired on 22nd november, 2007. ..... the respondent-state of goa is directed to execute the lease deeds under section 8(3) of the mmdr act in favour of the petitioners/lease holders who/which have already paid the stamp duty pursuant to the orders of the government, in accordance with the goa mineral policy, 2013 placed before the supreme court in writ petition (civil) no.435/2012 and subject to the conditions laid down by the apex court in the said ..... 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 .....

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Nov 21 1975 (HC)

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

Court : Allahabad

Reported in : AIR1976All99

..... 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 ..... speech of the minister of industrial development made in the raiya sabha moving the industrial (development and regulation) amendment bill, 1971. ..... 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 ..... , by reckless investments or creation of incumbrances on the assets of the industrial undertaking, or by diversion of funds, brought about a situation which is likely to affect the production of articles manufactured or produced in the industrial undertaking, and that immediate action is necessary to prevent such a situation; or (b) it has been closed for a period of not less than three months (whether by reason of the voluntary winding up of the company owning the industrial undertaking ..... where, as in the present case, their duty may impel the council to exercise the power .....

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Mar 18 2013 (HC)

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

Court : Punjab and Haryana

..... . warehousing (development and regulation) ..... . the advocates welfare fund act, 2001 (section 11) cast a duty on the trust committee to make payment out of the welfare fund to the members of the fund or their nominees or legal heirs.the merchant shipping act, 1958 (section 141) also contemplates payment of compensation to a seaman and in the case of a deceased seaman, to the person nominated by him or to his legal heirs.section 44 of the delhi police act, 1978 also contemplates payment of compensation to a person who has suffered loss or damage to his property ..... the maintenance and welfare of parents and senior citizens act, 2007 defines ..... [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 ..... ., 2007(8) ad (delhi) 478, the delhi high court while dealing with a case of compensation under the fatal accidents act, 1855, held that the principles of succession and inheritance prescribed under personal laws do not apply when compensation is awarded by the state who do not function under any .....

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Sep 07 2013 (HC)

Nankachi Enterprises Vs. Secretary to Government

Court : Chennai

..... the tamilnadu prevention of 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). ..... held that, it is the duty of the courts to give effect to the meaning of an act, when the meaning can be fairly gathered from the words used, that is to say, if one construction will lead to an absurdity while another will give effect to what common sense would show was obviously intended, the construction which would defeat the ends of the act, must be rejected even if the same words used in the same section, and even the same sentence ..... suresh 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 of the words. ..... 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 of meanings more than one. ..... public service commission reported in (2007) 3 scc720 the supreme court held that, 19. ..... state of maharashtra reported in (2007) 9 scc431 the supreme court held that, 9. .....

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Oct 26 2004 (HC)

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

Court : Andhra Pradesh

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

..... 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 ..... contrary to the provisions of mines and minerals (development and regulation) act, 1957 (for short 'mmrd act') and the rules made thereunder, apart from the atomic energy act, 1962 and the rules framed thereunder.2. ..... 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 ..... existence of mineral contents therein has been established otherwise than by means of prospecting such area; and(b) there is a mining plan duly approved by the central government, or by the state government, in respect of such category of mines as may be specified by the central government, for the development of mineral deposits in the area concerned.section 5 of atomic energy act, 1962:control over mining or concentration of substances containing uranium :--(1) if the central government is .....

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Aug 02 2017 (SC)

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 ..... 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. ..... therefore, the primary duty under the fca was to the community and the obligation to society must predominate over the obligation to the individuals. ..... this casual and negative approach has caused dearly to state exchequer in the form of hundred crores of stamp duty and others.-. ..... section 18 of the mmdr act makes it the duty of the central government to take all such steps as may be necessary for the conservation and systematic development of minerals in india and for the protection of the environment by preventing or controlling any pollution which may be caused by mining operations. .....

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Feb 09 1983 (HC)

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

Court : Chennai

Reported in : (1984)ILLJ140Mad

..... 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 ..... , 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 ..... . section 18a speaks about the power of the central government to assume the management and control of industrial ..... section 2(a)(i) of the act defines 'appropriate government' 'in relation to any industrial dispute concerning any industry carried on by or under the authority of the ..... section 4 of the act speaks about the appointment of conciliation officers by ..... the import and implications of this section have also got ..... . section 18c gives the the power to the person or body of persons authorised to seek for cancelling or varying any contract or agreement entered into before the .....

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Jan 29 1997 (SC)

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). ..... but while the states are empowered to levy duties of excise on (a) alcoholic liquors for human consumption and (b) opium, indian hemp and narcotics manufactured or produced in the state and countervailing duties at the same or lower rates on similar goods manufactured or produced elsewhere in india [but excluding medicinal and toilet preparation containing alcohol or any substance included in sub-paragraph (b) of this entry], the union is empowered to levy duties of excise on tobacco and other goods manufactured or produced in india except (a) alcoholic liquors ..... 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 i.d.r ..... it was held that the rule made by the state and section 18g of the i.d.r. .....

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May 10 1995 (SC)

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 ..... .:-moreover, it is obvious from section 11 read with the definitions of 'factory' and 'industrial undertaking' contained in sub-sections (c) and (d) of section 3 of this act that licence from the central government for setting up new distilleries and here in the present writ petitions, there is nothing to show that 50 or more workers were going to be employed in ..... been contended on behalf of the respondents that even though they have not obtained a licence under section 11 of the act, they have applied for permission to carry on business (cob) to government of india and their application has been registered .....

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