Judgment Search Results Home > Cases Phrase: yoga undertakings taking over of management act 1977 repealed chapter i preliminary Page 1 of about 100 results (0.093 seconds)

M. Sreenivasulu Reddy and ors. Vs. Kishore R. Chhabria and ors.

Court : Mumbai

Reported in : [2002]109CompCas18(Bom)

..... the plaintiffs shows that they took all steps necessary to thwart a public offer, and at no stage have they ever stated in their correspondence with the sebi that they were anxious to make a competitive bid to take over the management of the company, (e) the right to a competitive bid is founded not in common law but based upon the provisions of the takeover code. ..... to protect the defendant while granting an interlocutory injunction in his favour the court can require the plaintiff to furnish an undertaking so that the defendant can be adequately compensated if the uncertainty were resolved in his favour at the trial.' 84. ..... in that case, the trial judge did not frame any preliminary issue with respect to jurisdiction but the application for temporary injunction as well as the application for deciding the question of jurisdiction were disposed ..... : [1997]3scr51 did not disturb the proposition laid down in mannalal khetan's case : [1977]2scr190 , cited earlier, that illegality of a transaction can certainly be established. ..... chapter iii is named as 'takeovers', the submission of the defendants is that principally the sebi act and regulations are for the benefit of the investors and every order to be passed by sebi will have to be in the interest of the investors and the regulations will also have to be read and interpreted in the interest of the investors, the defendants submit that the regulations are not meant for protecting or safeguarding the companies or their existing managements. .....

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

Court : Chennai

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

..... act published in the extraordinary gazette of india dated 4.11.1977, the tamil nadu textile corporation was appointed as authorised person for a period of five years from the date of publication to take over to management of the industrial undertaking. ..... section 20 does not preclude or forbid a state legislature exercising legislative power under an entry other than entry 24 of list ii, and if in exercise of that legislative power, to wit, acquisition of an industrial undertaking in a declared industry the consequential transfer of management or control over the industry or undertaking follows as an incident of acquisition, such taking over of management or control pursuant to an exercise of legislative power is not within the inhibition of s. 20. ..... the impugned legislation was not enacted for taking over management or control of any industrial undertaking by the state government. ..... 138-45 lakhs to tamil nadu industrial investment corporation limited, madras, upto 31.3.1977 and the south indian bank limited obtained preliminary decree from sub court, sivaganga, for a sum of rs. ..... no doubt, as per the said the said notification, chapter vb and section 33c of the industrial disputes act are not applicable to the said undertaking, likewise, all contracts, agreements, etc. ..... state sugar corporation ltd, subsequently, by uttar pradesh sugar undertakings (acquisition) act, 1971, the ordinance was repealed and was replaced. .....

State of Punjab and anr. Vs. Devans Modern Brewaries Ltd. and anr.

Court : Supreme Court of India

Reported in : JT2003(10)SC485; 2003(10)SCALE202; (2004)11SCC26

..... the state of punjab, to the effect that operation of impugned judgment rendered by the high court may be stayed as the state was ready to undertake before this court to refund the amount that would be realized by way of import duty together with interest thereon @ 15% per annum to the ..... determine in what particular meaning and particular shade of meaning the word or expression was used by the constitution makers and in discharging the duty the court will take into account the context in which it occurs, the object to serve which in war used, its collocation, the general congruity with the concept or object it ..... the following terms:'but, before we do so, we may at this stage conveniently refer to a contention of a preliminary nature advanced on behalf of the state government and respondents 5 to 11 against the applicability of article 14 in ..... so manufactured or produced:provided further that no preference shall be given by any regulation of trade, commerce or revenue to one unit over another:provided also that nothing in this section shall preclude the federal parliament from imposing by act restrictions on the freedom of trade, commerce and intercourse among the units in the interests of public order, morality or health or ..... courses may although exercise greater autonomy in the matter of management and determination of the fee structure, it will have a ..... addition to any duty leviable under this chapter the state government may accept payment of ..... 599 (1977)(quoting northwestern ..... repealed .....

The Belsund Sugar Co. Ltd. Vs. the State of Bihar and ors. Etc.

Court : Supreme Court of India

Reported in : AIR1999SC3125; 1999(4)ARBLR502(SC); 1999(3)BLJR2191; JT1999(5)SC422; 1999(4)SCALE516; (1999)9SCC620; [1999]Supp1SCR146

..... 16-e provides for power of the central government to take over tea undertaking or tea unit without investigation under certain circumstances.156. ..... as under:(1) within thirty days of the commencement of this act and thereafter within the same period before the commencement of every crushing year the occupier of a factory shall send to the collector a notice of appointment of any person as manager for the purposes of this act or the rules;provided that until the first notice of appointment of manager under this act is sent, the person appointed or deemed to be appointed as manager under the bihar sugarcane (regulation of supply and purchase ..... placed in support of this appeal on the vegetable oil products control order, 1947 the pulses, edible oilseeds and edible oils (storage control) order, 1977, the vegetable oil product producers (regulation of refined oil manufacture) order, 1973, all framed under section 3 of the essential commodities act, 1955, also cannot be of any avail of the appellant industries for the simple reason that none of these orders deals with the topic of regulation ..... it is true, as seen earlier, that the said section 30 found in chapter vi deals with control by the central government and lays down the power of the central government regarding control, price and distribution of tea or tea ..... the preliminary objection of learned senior counsel for the respondents against the locus standi of the appellants to maintain these proceedings is, therefore, overruled .....

S. Bharat Kumar and Others Vs. Government of Andhra Pradesh and Others

Court : Andhra Pradesh

Reported in : 2000(6)ALD217; 2000(6)ALT1

..... supply act also constituted a license under the electricity act for the board, provided for the take-over of power systems, power of the boards and the matters connected therewith and also modified several provisions of the electricity act in ..... 1999, that neither the character of the licensee as a public utility undertaking nor the relevant statutory provisions preclude the board from managing its affairs on sound economic principles though not with a profit thirst. ..... restrictions on licensees and generating companies :--(1) no licensee or generating company shall at any time, without the previous consent in writing of the commission, acquire by purchase or otherwise the licence or the undertaking of, or associate himself with, so far as the business of generating, transmitting, distribution or supply of energy is concerned, any other licensee or person generating, transmitting, supplying or intending to generate, transmit or supply electricity ..... objections presented by the consumer bodies, which according to the learned counsel, amount to infraction of principles of natural justice, are the following:(1) no hearing was given with reference to the preliminary objections raised in the form of ias. ..... an ordinance is contained in article 213 which occurs in chapter iv of part vi of the constitution. ..... swadeshi cotton mill, : [1977]2scr865 , has handed down the opinion that the constitutional courts will not pronounce upon a constitutional issue, unless it has been raised in a proper ..... 1977 .....

The Commissioner, Bangalore Development Authority and anr. Vs. State o ...

Court : Karnataka

Reported in : ILR2006KAR318; 2006(1)KarLJ1

..... was held that the bda act has not received the presidential assent and therefore, under article 254(2) of the constitution, the la act prevails over the bda act and the government ought to have issued preliminary notification under section 4 of the la act and the notification issued under section 17 of the bda act is one without authority ..... seventy-fourth amendments to the constitution adding parts ix and ix-a and eleventh and twelfth schedules, the bda has no power to take up any scheme for development of any part of bangalore metropolitan area and that such powers are now vested with municipalities and ..... of the change should be the legislature and courts are not expected to undertake that duty unless that becomes unavoidable and the circumstances are so apparent as ..... the constitution, was to repeal all laws which are inconsistent with the said chapter they would have said ..... 2 and 3 the learned single judge held after referring to the original file, the karnataka government (transaction of business) rules, 1977 and the discrepancy in the number of acreage sought to be acquired, coupled with the fact that layout plan was not forwarded to the government ..... the preamble to the bda act provides for the establishment of a development authority for the development of the city of bangalore and areas adjacent thereto and section 14 of the bda act deals with the object of the authorities which provides that the authority shall have the power to acquire, hold, manage and dispose of movable and .....

Western Coalfields Limited Vs. Special Area Development Authority, Kor ...

Court : Supreme Court of India

Reported in : AIR1982SC697; (1982)2CompLJ793(SC); 1981(3)SCALE1775; (1982)1SCC125; [1982]2SCR1

..... that where a subsequent act incorporates provisions of a previous act then the borrowed provisions become an integral and independent part of the subsequent act and are totally unaffected by any repeal or amendment in the previous act, is subject to four exceptions, one of which is that the principle will not apply to cases 'where the subsequent act and the previous act are supplemental to each ..... contained in the madhya pradesh municipal corporation act, 1956, the madhya pradesh municipalities act, 1961, or the madhya pradesh panchayats act, 1962, the municipal corporation, municipal council, notified area committee or a panchayat, as the case may be, shall, in relation to the special area and as from the date the special area development authority undertakes the functions under clause (v) or ..... taking ..... or the municipal corporation in order to impose the property tax and therefore the procedure preliminary to the imposition of other taxes which is prescribed by sections 129 and 133 of the two acts, can have no application to the imposition of the property tax ..... section 65 of the act of 1973 on february 21, 1977 and by another notice issued under section 164(3) of the madhya pradesh municipalities act 1961 on april 15, 1977, the chief executive ..... . they provide:notwithstanding anything contained in this chapter, as and from the financial year 1976-77, there shall ..... development authority shall make provision for the municipal services and municipal management of the special area. .....

Rashtriya Mill Mazdoor Sangh, Nagpur Vs. Model Mills, Nagpur and anr.

Court : Supreme Court of India

Reported in : AIR1984SC1813; 1984(32)BLJR393; (1984)3CompLJ249(SC); [1984(49)FLR401]; 1986LabIC382; (1984)IILLJ507SC; 1984(2)SCALE406; 1984(Supp)SCC443; [1985]1SCR751; 1985(17)LC185(SC)

..... this change of management does not tantamount to either acquisition of the industrial undertaking or a take over of its ownership because if that was to be the intended effect of change of management, the act would have been subjected to challenge of article 31 and 19(1)(f) of the constitution. ..... (c) the persons, if any, authorised under section 18a to take over the management of an industrial undertaking which is a company shall be for all purposes the directors of industrial undertaking duly constituted under the indian companies act, 1913 (7 of 1913), and shall alone he entitled to exercise all the powers of the directors of the industrial undertaking, whether such powers are derived from the said act or from the memorandum or articles of association of the industrial undertaking or from any other source.10. ..... undoubtedly, the heading of chapter iii-a appears to be slightly misleading when it says that the central government on the issue of a notified order assumes direct management of the industrial undertaking, in effect on the issuance of a notified order, only the management of the industrial undertaking undergoes a change. ..... the learned member with the consent of the parties directed that the issue with regard to the application of the bonus act may be tried as a preliminary issue. ..... [1977] lab. i.c. .....

Kesavananda Bharati Sripadagalvaru and ors.Vs. State of Kerala and anr ...

Court : Supreme Court of India

Reported in : AIR1973SC1461; (1973)4SCC225; [1973]SuppSCR1

..... taking over of the management of any property by the state for a limited period either in the public interest or in order to secure the proper management of the property,or(c) the amalgamation of two or more corporations either in the public interest or in order to secure the proper management of any of the corporations, or(d) the extinguishment or modification of any rights of managing agents, secretaries and treasurers, managing directors, directors or managers ..... to make any change in- (a) article 54, article 55, article 73, (a) article 54, article 55, article 73, article 162 or article 241, or article 162 or article 241, or (b) chapter iv of part v, chapter v (b) chapter iv of part v, chapter : v of part vi, or chapter i of part xi or of part vi, or chapter i of part xi or (c) any of the lists in the seventh (c) any of the lists in the seventh schedule, or schedule, or (d) the representation of states ..... the constitution was uncontrolled and could be amended by an act in the manner prescribed for enacting ordinary laws, and therefore, a subsequent law inconsistent with the constitution would pro tanto repeal the constitution;secondly-(2) a constitution largely or generally uncontrolled ..... be broken up under article 39(b) and (c) and the printing presses and undertakings of such a press are acquired under a law, should the ..... of article 47) he thought:the constituent assembly, even during the preliminary period, would not relax the ultimate authority of the people, and ..... nreenaam ..... parliament .....

National Confederation Of Officers Association Of Central Public Secto ...

Court : Supreme Court of India

..... taking over of management of the undertaking ..... the nationalisation act 1976 provided for the taking over of the management of the undertaking of metal ..... for the appointment of an administrator to take over the management of the undertaking, for and on behalf of the central ..... or cause of action pending or existing immediately before the appointed day by or against the metal corporation or the central government or the government company referred to in section 12 of the metal corporation of india (acquisition of undertaking) act, 1966 (36 of 1966), in relation to the undertaking of the metal corporation may, as from that day, be continued and enforced by or against the central government or the government company referred to in section 9, as it might have been enforced by or against the metal ..... (1) on the commencement of this act, the metal corporation of india (acquisition of undertaking) act, 1966 (36 of 1966), shall stand repealed, and on such repeal, the undertaking of the metal corporation, which had been transferred to, and vested in, the central government by virtue of the provisions of section 3 of the act so repealed, and the undertaking of the metal corporation together with all its properties, assets, liabilities and obligations specified in sub-section (1) of section 4 of that act and such other properties, assets, liabilities and ..... chapter 9 of the cbi crime manual details the process of conducting preliminary ..... act 1977 ..... nawab hussain, (1977) 2 scc806(three-judge bench); .....