Lakshmaiah vs Esso Eastern Inc. And Ors. on 22 August, 1972
Equivalent citations: AIR1974AP32, AIR 1974 ANDHRA PRADESH 32
JUDGMENT
1. Third defendant
enshrined in Article 39 (b) of the Constitution of India, enacted the Esso (Acquisition of Undertakings in India) Act, 1974 , the Burmah Shell (Acquisition ... India of Caltex (India) Ltd.) Act, 1977, hereinafter referred to as the Esso Acquisition Act", "the Burmah Shell Acquisition
Vijayawada, Vijayawada town, in Krishna District was leased out to the then ESSO Standard, Eastern Incorporation, a foreign company, under the registered lease deed dated ... month. The Parliament enacted Act IV of 1974 (ESSO Acquisition of Undertakings in India Act ) under which all the properties, interest, rights and liabilities
mentioned above or the same appertained to the business, carried on by Esso, in India. We have indicated hereinbefore, the meaning of the word ... considered as a part and parcel of the business of Esso in India. On construction and consideration of the provisions of the said
such as Burshane, Calgas, At the point 5 paise in
Indane and Esso and other gasses of the first sale the
in compressed, liquified ... Taxes that the fuel gases, such as Burshane, Calgas, Indane and Esso are used so the expression "other gases" should also be fuel
questions the vires of Sections 5(2) and 7(3) of the ESSO (Acquisition of Undertaking in India) Act, 1974, as being arbitrary and unconstitutional ... petrol and diesel bunks were installed by the lessee i.e. Esso Estern Inc, a limited company incorporated in U.S.A. The lease period
petitioner averred that the Government of India has taken
over M/s. Esso Standard Eastern Inc., (a foreign company) under Esso
(Acquisition of Undertakings
Damayanthi v. Rama Rao, ILR 1970 A.P. 627; Y. Lakshmaiah v. Esso Eastern Inc. , ; Sarup Singh v. Daryodhan Singh, (F.B. ); Sunder Dass ... Venkata Subbayya v. S. Veerayya , was followed in Y. Lakshmaiah v. Esso Estern Inc. (5 supra). It was observed that:
"Hence, the plaintiffs
appellant M/s. Hindustan Petroleum Corporation Ltd., namely M/s. Esso Standard Inc. by the original owner on 1-2-1970. The lease agreement
Francis Xavier Joseph Periaria , , Rajkishor v. Banabehari , and Khiwaraj Chord v. Esso Standard Eastern Inc., .
4. Heard both the Counsel and perused the oral ... made certain, are void."
In the decision referred Khiwaraj Chord v. Esso Standard Eastern Inc. (supra), it was held that a document may have