Court : Supreme Court of India
Reported in : AIR1991SC1676; JT1991(2)SC439; 1991(1)SCALE617; 1991Supp(1)SCC430; [1991]2SCR105
..... it 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 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 section ..... it was contended, on behalf of the appellant, relying on hingir rampur and tulloch, that the provision imposing land cess quoad royalty must be held to be repealed by mmrd act of 1948 or, in any event, by the mmrd act, 1957 (central act lxvii of 1957) and that, after the date when these enactments came into force, the land cess that could be levied must be exclusive of royalty under a ..... (3) x x xsub-section (2) was amended by act 13 of 1970 by substituting of 50% in place of 25% but a 1982 amendment inserted section 5a to provide that, for the period 1.4.1977 to 31.3.1980, the cess would be levied at 25% of the annual value in respect of lands held for carrying on ..... to the section defines 'dead rent' and 'royalty' in terms of their definitions in the mmrd act, 1957. ..... been amended from time to time, inter alia in 1976, 1977, 1978, 1979, 1980, 1981 and 1982. ..... rule 6a, inserted in 1977, deals with this but it is unnecessary for us to consider the details except to mention that it is assessed and collected, along with the amount of royalty or dead rent, by the mining .....
Tag this Judgment!Court : Mumbai
Reported in : [2002]109CompCas18(Bom)
..... of 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. ..... now, sections 34 and 35 of the act are made applicable to a 'person', an expression which in section 36 is altered to 'pauper'; and it is a of construction that where in the same act of parliament, and in relation to the same subject-matter, different words are used, the court must see whether the legislature has not made the alteration intentionally, and with some definite purpose ; prima facie such an alteration would be considered intentional. ..... in order 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. ..... kedar nath khetan : [1977]2scr190 is absolutely apt inasmuch as it is a judgment in the context of transfer of shares under section 108 of the companies act. ..... 's case : [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. .....
Tag this Judgment!Court : Mumbai
Reported in : 2001(4)BomCR339; [2002(92)FLR927]; 2002(2)MhLj448
..... (2) notwithstanding anything contained in sub-section (1), any liability accruing or arising as a result of continuance of any employee of a company in the service of the corporation under this section, shall be borne by the corporation only in respect of any period on or after the date of taking over of the management of the undertaking under section 18fa of the industries (development and regulation) act, 1951 (lxv of 1951). 11. ........ 12. ........ 13. ..... 14. ........ 15. ..... the learned chief justice observed that neither of the two articles contains any definition as to what the executive function is or gives an exhaustive enumeration of the activities which would legitimately come within its scope. ..... in the backdrop of these facts, shri thakur argued that since the nationalisation act of 1982 has not been repealed so far and that the said act of 1982 does not make any provision for closing down the mill, the state government had no power to close the mill. ..... the management of the industrial undertakings at badnera in amravati district owned by messers vijay manufacturing company (private) limited (in liquidation) and the industrial undertakings at bombay owned by messers western india spinning and manufacturing company limited (in liquidation) was taken over by the government of india, at the request of the government of maharashtra under section 18fa(2) of the industries (development and regulation) act, 1951 (lxv of 1951) in november 1974 and march 1977, respectively. 2. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (2004)187CTR(SC)219; [2004]266ITR721(SC); JT2004(1)SC375; 2004(1)SCALE425; (2004)10SCC201
..... normal rule of interpretation of an entry in any of the lists in the seventh schedule of the constitution, the object of taking over the control of the tobacco industry by the parliament, on making a declaration as required under entry 52 of list- i and on examining the different provisions of the tobacco board act, we see no justification for giving a restricted meaning to the expression "industry' in entry 52 of list i, nor ..... be attracted at theplaces where "road and public work cess" is payable.the definition of land, immovable property as contained in the cessact, 1880 play an important role insofar as in terms of section 78 of thewest bengal primary education act and section 4 of the west bengal ruralemployment and production act, 1976, cess would be levied on all immovableproperties on which road and ..... with a non-obstante clause and by reason of the said provision thelegislative power of the state is taken over by the parliament and once thefield of legislation is taken over; (unless the act is repealed or suitablyamended by a parliamentary act itself), the state will have no jurisdictionto legislate in relation thereto.tea industry is probably the ..... chapter ii of this act provides for the constitution of the central advisory council and development councils, chapter iii deals with the regulation of scheduled industries, chapter iiia provides for the direct management or control of industrial undertakings by central government ..... concessions rules, 1977.in inderjeet .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1996MP14; 1996(0)MPLJ283
..... it finds that such transfer or agreement to transfer a plot has been made by a colonizer in the area of illegal diversion or illegal colonization and it is desirable to take over the management of such land under clause (b) of sub-section (1) of section 31, then he will issue a public notice and which must be in hindi laguage calling upon all the persons to show cause within such period as may be specified therein why the management of such land should not be taken ..... settling down on those plots by constructing residential or non-residential or 'composite accommodation and the expression 'establishment of colony', colonization, 'illegal colonizer' and 'illegal colonization' shall be construed accordingly :provided that no person shall undertake the establishment of colony unless he on payment of such fee as may be prescribed for registration of colonizers obratain a licence of colonization from the collector of revenue district in which the land is situate :provided further that ..... has been framed by the parliament on that subject of state list on the resolution of the house of legislature then the amendment or repealed of the act of parliament shall be in the same manner as the act was passed meaning thereby repealed or the amendment of that act shall also be made by the parliament. ..... definition of the colonizer as given in section 24, it says that a person who is a colonizer, has to obtain a necessary no objection certificate or prior permission in writing either under section ..... 1977 .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT2003(10)SC485; 2003(10)SCALE202; (2004)11SCC26
..... appearing on behalf of 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 respondents in the event of ..... goods so imported and goods 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 in cases of emergency. ..... of the court to 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 was intended to articulate ..... unaided institution imparting professional courses may although exercise greater autonomy in the matter of management and determination of the fee structure, it will have a limited right so far ..... the impugned legislation, we are definitely of the opinion that these ..... repealed.section ..... 514, 97 s ct 599 (1977)(quoting northwestern states portland cement co. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1978SC215; (1977)4SCC471; [1978]1SCR641
..... has been made for fair compensation under present circumstances, has still been struck down by the high court on the surprising grounds of absence of public purpose, illusoriness of compensation state take-over being beyond the orbit of article 39(b) and the like and to express ourselves emphatically in reversal on the obvious, yet basic, issue we itemise below which is necessary to obviate constitutional derailment again. ..... repealed by section 31 of the act and the saving clause in sub-section (2) says:notwithstanding such repeal -(i) anything done or any action taken under the said ordinance, shall be deemed to have been done or taken under the corresponding provisions of this act; fresh notifications were also issued under the act ..... these and cousin issues are the legal-economic points canvassed before us and are sure to occupy the center of the stage when management and control of growth in effective measure for common weal expand the frontiers of public law with a view to implement the 'distributive justice' embodied in articles 38 and 39 and, by article 37, made fundamental in the ..... counsel submitted that the scheme of nationalisation in chapter iv-a of the motor vehicles act was given up, whole undertaking of the various operators was not acquired but what was acquired was certain assets most of which ..... this purpose does not fall within any definition, how ever wide, of the phrase 'public purpose' and the law therefore to this ..... social well-being and varies from yoga to yoga. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1997SC3297; JT1997(6)SC449; 1997(4)SCALE746; (1997)8SCC191; [1997]Supp2SCR305
..... take over such land on payment of compensation in accordance with the principles specified in section 10 of the andhra pradesh ceiling on agricultural holdings act, 1961 (act x of 1961) and such land shall thereupon vest in the state government free from all encumbrances and shall be disposed of in favour of members of the scheduled tribes or a society registered or deemed to be registered under the andhra pradesh co-operative societies act, 1964 (act ..... allotted to them individually and collectively through registered cooperative societies or agricultural/farming cooperative societies composed solely of the tribals and would be managed by them alone with the facilities and opportunities provided to them by the union of india through their annual budgetary allocation spent through ..... which is for the time being an excluded area, or a partially excluded area, and any regulations so made may repeal or amend any act of the dominion legislature, or of the provincial legislature, or any existing indian law, which is for the time being ..... transmits the correlative above constitutional duties and obligation to those who undertake to exploit the natural resources should also to improve social, economic and educational empowerment of the tribals. ..... rajeev dhawan, in chapter xiii at page 150, it is stated that in modern law, this personification by law is confined to certain definite limits, although this restriction is based, not upon principle, but upon convenience. ..... survey of 1977 the population .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1997(1)ALT629
..... section 55 of the act for the following matters:(a) the encouragement of co-operation and reciprocity among colleges;(b) the admission of students of university or prescribing the examination to be recognised as equivalent to university examinations;(c) the university courses and examinations and the conditions on which students shall be admitted to examinations for the degrees, diplomas, certificates and titles of the university;(d) the grant of exemptions.chapter x comprise the miscellaneous provisions, section 56, the power to remove difficulties and section 57 the repeal ..... and conditions and undertakings to be given by the technical institutions and the management and published them ..... of examinations and awarding of membership certificates; (m) lay down norms for granting autonomy to technical institutions;(n) take all necessary steps to prevent commercialisation of technical education;(o) provide guidelines for admission of students to technical ..... section 3 of ugc act 1956 -(act 3 of 1956);(j) 'university technical department' means the department of the concerned university conducting technical education courses or programmes;(k) all other words and expressions used herein and not defined but defined in the aicte act 1987, shall have the meanings respectively assigned to them in the said act.these clauses of definitions cannot conflict with the provisions of the ..... the technical education all over the country will ..... act 1976 which came into force with effect from 3-1- .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2000(6)ALD217; 2000(6)ALT1
..... would be taking over the functions relating to supply of electricity without licence which would amount to contravention of the provisions of section 14(1) of the act. ..... appointed as chairman or member of the commission, the court cannot say that that prescription is irrational or arbitrary.sub-section (3) of section 11 reads:notwithstanding the provisions, of section 52 of the indian electricity act, 1910 (central act 1 of 1910) or the provisions of section 3(1)(ii) and section 76 of the electricity (supply)act, 1948 (central act 54 of 1948), the commission shall have the power to act as arbitrator or nominate arbitrator/ arbitrators to adjudicate and settle the disputes arising between the licensees in accordance with the regulations ..... , 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 ..... advocate-general and the other counsel appearing for the respondents submit that the word 'licence' occurring in the definition clause pertaining to 'assets' does not cover distribution and retail supply licence issued under section 14 of the act, but, it applies to other transferable licences which the ap transco may have obtained in order to run ..... 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 ..... 1977 .....
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