Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1971 UP. Sugar Undertaking (Acquisition) Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Acquisition of sugar factory of the Respondent and others by the State-Constitutional validity-Challenge to-Upheld by High Court-Affirmed by Supreme Court-Transferring of possession of the scheduled property of undertaking of the company to appellant-Sugar Corporation-Disposal of some of the units of sugar factory to private sector-Issuance of notice inviting tenders-Challenge to-Partly allowing the writ petition, High Court held that certain portion of the scheduled property could not vest in the Corporation-On appeal, held: As per provisions in the Act, the factory with properties connected thereto/being used for the purposes of the factory could be acquired and not other properties/ assets being used for running the factory-Company is much wider entity as against the Undertaking which is an asset of the Company-Legislature intends to acquire the Undertaking and not the Company-Registered Office of the Company not includible in the schedule property of the Undertaking, since it was never used as godown of the factory under the provisions of the UP. Sugarcane (Purchase Tax) Act-Hence, transfer of its possession to appellant-Corporation illegal/contrary to the provisions of the Act-Interpretation of Statutes-UP. Sugar cane (Purchase Tax) Act, 1961-Section 3A. |
Judge | Hon'ble Mr. Justice Ashok Bhan |
Neutral Citation | 2004 INSC 126 |
Petitioner | U.p. State Sugar Corporation |
Respondent | Burwal Sugar Mills Co. Ltd. And Ors |
SCR | [2004] 2 S.C.R. 605 |
Judgement Date | 2004-02-24 |
Case Number | 1981-82 |
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