Court : Kolkata
Reported in : 202ITR350(Cal)
..... the manufacture and production of various engineering equipment of national importance. it went into bad ways and, therefore, the government of india decided to acquire its undertaking by the richardson and cruddas limited (acquisition and transfer of undertaking) act, 1972, the relevant terms whereof are mentioned in paragraph 1 of the order of the tribunal. the custodian, on behalf of the assessee, received rs ..... custodian was appointed by the central government under the provisions of the richardson and cruddas ltd. (acquisition and transfer of undertaking) act, 1972. under that act, the undertaking of the old company vested in the central government on the appointed day. the custodian was appointed under section 10 of the act to manage the old company. the act lays down the duties of the custodian. according to chapter iii of ..... (iii) of the income-tax act ?'2. the assessment year involved is the assessment year 1974-75 for which the relevant period of account is the year ending on may 30, 1973.3. the facts stated by the tribunal are as under :the dispute in all these appeals related to the assessee's claim for deduction of ..... remuneration to the custodian and other administrative expenses incurred by it against its income from other sources. the assessee is a limited company and was engaged in .....Tag this Judgment!
Court : Mumbai
Reported in : (1998)ILLJ346Bom
..... made to the decision of the apex court in air india statutory corporation v. united labour union & ors. : (1997)illj1113sc and also the provisions of the richardson and crudas limited (acquisition and transfer of undertaking) act, 1972 and the memorandum of articles of association of the petitioner company and, i respectfully agree with the view taken by srikrishna j. that apex court in air india ..... passed by the industrial court on april 29, 1997 under section 32 of the maharashtra recognition of trade unions and prevention of unfair labour practices, act, 1971 is not sustainable. in support of his contentions mr. kochar relied upon the order passed on june 23, 1997 in writ petitions and crudas (1972) limited v. mr. g. s. baj and anr. 2. ..... petition granted. necessary amendment be carried out forthwith. 2. the petitioner seeks to contend that in relation to petitioner company m/s. richardson & crudas (1972) limited, the appropriate government is the central government under section 2(a) of the industrial disputes act and, therefore, the proceedings against the petitioner company under the maharashtra recognition of, trade unions and prevention of unfair labour practices ..... in lpa and, therefore, the order passed by the industrial court during the pendency of complaint cannot be said to be bad in law. the learned counsel for respondent no. 1 also submits that hearing of writ petition may be deferred in view of the lpa filed by the union against the order dated june 23, 1997. 3. in my .....Tag this Judgment!
Court : Mumbai
Reported in : 2001(1)BomCR723; [2000(87)FLR573]; (2001)IIILLJ698Bom
..... . the management of the company was taken over by the government of india under the richardson cruddas (acquisition and transfer of undertaking) act, 1972. since take over, the company and its undertakings are being conducted by the central government through the instrumentality of the bharat yantra nigam limited, a government of india undertaking under the ministry of industries, department of heavy industries. before the reference came to be made ..... before the central government industrial tribunal, the petitioner considered fit and proper not to adversely affect the workmen, particularly in view of the provisions of section 33 of the industrial disputes act, 1947. be that as it may, in the facts and circumstances of the present case, i am of the view that the direction issued by the industrial court should be ..... were set out in the annexure to the reference before the industrial court, had been engaged as temporary workmen since 1979, 1980 and 1981 respectively the dates of initial engagement varying in the case of various batches of workers. 2. for the period 1986 to 1991, the chart which was submitted by the company at exhibit 31 shows that the ..... since the appropriate government was not the state government. that is a matter of some relevance because rule 4(c) of the state model standing orders provides that a badli or temporary worker who has put in 240 days of uninterrupted service during a period of the preceding 12 months shall be made permanent by the employer. in the present .....Tag this Judgment!
Court : Mumbai
Reported in : 2008(5)BomCR478
..... reported in premier automobiles ltd. (supra) or the other two decisions pressed into service on behalf of the respondents in b.e.s.t. undertaking bombay (supra) and tata tea limited (bombay) employees' union (supra). those aspects can be considered at the appropriate stage.17. as mentioned earlier, for the time being, ..... section 9a of the act. counsel for the respondents also relied on the decision in the case of richardson & cruddos (1972) ltd. v. mahadeo reported in 1984 l.i.c. 1227 (single judge) bombay, (paras 7 and 8) wherein the court was called upon to consider the argument of discrimination in the matter of transfer ..... in that behalf was accepted. the lower court then proceeded to hold that breach of such agreement without compliance of section 9a of the industrial disputes act was clearly illegal. here, it may be mentioned that the counsel appearing for the respondents though supported the finding of the lower court on the issue of ..... to the case of m. pandey. in the first place, this affidavit was handed in at the time of arguments. be that as it may, i find substance in the stand taken on behalf of the respondents that if the petitioners wanted to rely on any new material they could have ..... not invited my attention to any averment in the reply affidavit filed before the lower court which would dispel this opinion.12. be that as it may, what is relevant for our purpose is the opinion recorded in paragraph 17 of the impugned decision. the court has observed thus:.according to him .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1961Cal75,65CWN420
..... that it has become obsolete after the enactment of the bengal tenancy amendment act of 1928 (bengal act iv of 1928) by which occupancy holdings have been made transferable subject to the provisions of the act. section 26c of the bengal tenancy act, as it now stands provides that before the confirmation of the sale ..... -holder impliedly undertook to recognise the auction-purchaser as tenant, it is difficult, -- if not impossible and wholly illogical, --to infer, merely from such undertaking, any authority, express or 'implied, to dispossess the old tenant, or, what is more striking, a collusion between the landlord and the auction-purchaser in ..... and in the case of ganesh chandra, 46 ind gas 975: (air 1918 cal 207(2)) . in the former case fletcher j. sitting with richardson j. expressly followed the decision in aminuddin's case, 13 cal wn 108 though as i have already shown aminuddin's case 13 cal wn 108 ..... indeed, are the problems which have arisen on these two aspects and the different points of view, which have emanated from their consideration, are as varied in their nature as the controversies themselves, which have arisen on them and which they purport to represent. this, naturally, led to a confused state ..... not dispossession by the landlord and observed as follows:'if the special limitation does not apply where the landlord is himself the purchaser much less will it apply when the purchaser is a third person even if he may be said to be in collusion with landlord, by the mere fact .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1959Cal352
..... ). the claim for damages for breach of contract to carry the bales of jute appertains to the undertaking of albion jute mills co. ltd., and passes with the undertaking.6. the argument that the transfer infringes the provisions of section 6(e) of the transfer of property act overlooks the plain words of section 153a of the indian companies act, 1913. the transfer takes place by virtue of the vesting ..... the effect of the section was to cut across the usual limitations to transferability. lord porter guarded himself against saying that legal proceedings by the original company would not stand transferred to the amalgamated company on the basis of transfer of the subject-matter of suit. at page 1051 he pointed out:'section 154, sub-section l(c), also enacts that the court may order legal proceedings by ..... thequestion of construction of section 6(e) of the transferof properly act some of them may be referred to-as valuable guides.12. in jewan ram v. ratan chand kissen chand, 26 cal wn 285 at p. 290: (air 1921 cal 795 at pp. 799-800), richardson, j. observed:-'the indian legislature when it enacted section 6(e) of the transfer of property act, no doubt had ..... already mentioned, i do not think the decision of the house of lords itself is an authority for the extreme proposition that unless the ordinary law makes a particular property transferable, the vesting order would not nave the effect of transferring it.28. i agree with the order proposed by my lord. .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1986SC1571; (1986)3CompLJ1(SC); 1986LabIC1312; (1986)IILLJ171SC; 1986(1)SCALE799; (1986)3SCC156; 2SCR278; 1986(2)SLJ320(SC)
..... limited in relation to its undertakings in india were transferred to and vested in the central government under section 3 of the burmah shell (acquisition of undertakings in india) act, 1976. thereafter, under section 7 of the said act ..... in the field of public enterprise are many and varied. these may consist of government departments, statutory bodies, statutory corporations, government companies, etc. in this context, we can do no better ..... decision.' that was in the year 1902. seventy-eight years earlier, burrough, j., in richardson v. mellish 1824 (2) bing. 229; (s.c.) 130 e.r. 294 ..... cancelled. 94. is a contract of the type mentioned above to be adjudged voidable or void? if it was induced by undue influence, then under section 19a of the indian contract act, it would be voidable. it is, however, rarely that contracts ..... equality of status, of opportunity, and before the law; freedom of thought, expression, belief, faith, worship, vocation, association, and action, subject to law and public morality; and 6. ..... passed at the annual general meeting of the corporation held on december 30, 1972, and further raised to rupees twenty crores by a special resolution passed at ..... process of judicial interpretation adapt the law to suit the needs of the society. 28. a large number of authorities were cited before us to show how the courts ..... the contract is altogether void; but where you can sever them, whether the illegality be created by statute or by the common law, you may reject the bad part .....Tag this Judgment!
Court : Mumbai
Reported in : (1977)6CTR(Bom)541; 39STC504(Bom)
..... , and therefore, as between the parties to the contract, title could pass only under their contract. in these circumstances, in our view, the case of richardson & cruddas ltd. vs. state of madras, relied on by mr. shah is not of any assistance to the assessees. we may also refer at this stage to other case on ..... the underframes supplied by the railway. it was held in that case that the intention of the parties at the time of entering into the contract was not the transfer of any completed railway coach by the contractor to the railway. the end-product, being the railway coach, was the result of work, ..... be done but the execution of such contract requires the providing of materials by the contractor, namely, by the persons undertaking the work and labour part of the contract. in such a case there are three distinct types of contract which the parties can enter into; the first, a contract for the sale of goods in ..... lines building was held to be an indivisible contract for the supply and fixing of wooden doors and windows at the site. it was held that the goods were not sold as movables and the property was to pass only when the wooden chowkhats etc. and windows were fixed on the site and ..... under the contract was according to measurements of the said shutters. from the copy of the bill dated 19th aug. 1972 sent by the assessees to shah & co. it appears that at the foot of this bill the assessees have put a rubber stamp showing that their registration certificate under the said act was in .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1982SC149; 1981Supp(1)SCC87; 2SCR365
..... act also supports the construction which we are inclined to place on section 5(2)(a)(ii) and second proviso. section 5 (2) (a) (ii) was amended with effect from may 28, 1972 by finance act, 1972 ..... the court held that there was no reason to limit the word 'transfer' only to a voluntary transfer so as to include compulsory acquisition of property. on a parity of reasoning, therefore, ..... as main cases, miscellaneous cases or interlocutory cases etc.618. as regards the constitutional convention or practice and the undertaking which have been pressed into service in relation to ..... has been a slight regression in this dynamic approach. see united states v. william b. richardson (1974) 418 us 166 and warth v. seldin (1974) 422 us 490, where the ..... states in the union -- of marriage, of divorce, of inheritance of property, family relations, contracts, torts, crimes, weights and measures, of bills and cheques, banking and commerce, of procedures ..... more fact that before the letter dated december 8, 1980, intimating the cancellation of proposal of transfer of shri k.d. sharma to kerala high court reached appropriate quarters, ..... different purposes before exercise of certain power. obviously, therefore, the scope and content of consultation may vary from situation to situation. the word 'consult' has been defined to mean 'to discuss ..... with a bad reputation is transferred, then it would not subserve any public interest at all since people in the state to which he is transferred will not have faith in him. .....Tag this Judgment!
Court : US Supreme Court
..... 1972). thus, unless party affiliation is an appropriate requirement for the position in question, government officials may not base a decision to hire, promote, transfer, recall, discharge, or retaliate against an employee, or to terminate a contract ..... nonjudicial discretion; or  the impossibility of a court s undertaking independent resolution without expressing lack of the respect due coordinate branches ..... (1973); whitcomb v. chavis, 403 u. s. 124 , 143 (1971); burns v. richardson, 384 u. s. 73 , 88 (1966); fortson v. dorsey, 379 u. s. 433 ..... of voters by drawing multimember districts that threatened to minimize or cancel out the voting strength of racial or political elements of the ..... post , at 1; and that there is an absence of rules to limit and confine judicial intervention, ibid . from these premises, one might think that ..... , the people can have no remedy; but the 4th section provides a remedy, a controlling power in a legislature, composed ..... only does this statement cast doubt on the plurality s faith in our racial gerrymandering cases, but its reasoning is ..... , compliance with requirements of the voting rights act of 1965 regarding racial distribution, etc. appellants contend that their intent test must ..... the difficult position of drawing the line between good politics and bad politics. unlike them, he would tackle this problem at ..... pennsylvania no. 02 1580. argued december 10, 2003 decided april 28, 2004 after pennsylvania s general assembly adopted a congressional redistricting plan .....Tag this Judgment!