Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Urban land (Ceiling and Regulation) Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Urban land (Ceiling and Regulation) Act, 1976-Sections /0(3)(5), 20and 42-Companies Act, 1956-sections 391 and 394-Company under debt-/ts property mortgaged to Bank-Winding up petition by creditor-Declarationunder land Ceiling Act filed by Company-Application filed to authorities forexemption of its excess land in order to sell it for payment of its dues and itsrevival-Offer by another Company to purchase the vacant land-Applicationof exemption rejected by authorities and the land declared to be vested inState-Writ petition challenging vesting of the land-In company appeal andwrit appeal direction by High Court to State to consider Company's freshapplication for exemption-Rejection OJ application by State-Confirmationof sale by High Court holding that exemption liable to be granted/or revivalof industry and that during proceedings under Companies Act, State notcompetent to vest the land-On appeal, held: Confirmation of sale by HighCourt was not justified-Order of High Court was beyond its jurisdiction asprocedure provided under provisions of Companies Act facilitating revival ofthe Company and payment of dues to the creditors, and guidelines to exercisepower of exemption of excess land held by sick industrial units not followedby the Court-Proceedings under Companies Act are not a bar to theproceedings under land Ceiling Act by virtue of overriding effect of Section42Urban land (Ceiling and Regulation) Act, 1976 [Repealed by Urbanland (Ceiling and Regulation) Act, 1999)-Effect of repealing Act onapplicability of main Act-in relation to a State pursuant to whose resolutionthe main Act was passed-Held: The repeal Act ipso facto does not result inthe main Act ceasing to apply, unless the Stale adopts the repealing Act byresolution passed in that behalf under Article 2 52(2)-Constitution of India,1950-Article 252(2). |
Judge | Hon'ble Mr. Justice P. Venkatarama Reddi |
Neutral Citation | 2003 INSC 217 |
Petitioner | State Of West Bengal And Ors, |
Respondent | Sri Pronab Kr. Sur And Ors. |
SCR | [2003] 3 S.C.R. 393 |
Judgement Date | 2003-04-04 |
Case Number | 805-606 |
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