Gujarat Court July 2005 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
In Re: Essar Oil Ltd.
Court: Gujarat
Decided on: Jul-18-2005
Reported in: [2005]63SCL126(Guj)
ORDERK.A. Puj, J.1. The applicant, namely, Essar Oil Ltd., has taken out this Judges Summons seeking declaration from this Court that the directors of the applicant-company shall not be treated as disqualified under Section 274(1)(g) of the Companies Act, 1956.2. An affidavit is filed by Shri Sheikh S. Shaffi, Vice President and Company Secretary of the applicant-company, in support of the Judges Summons. Mr. Mihir J. Thakore and Mr. S.N. Soparkar, learned Senior Counsels are appearing for the applicant-company alongwith Mr. Sunit S. Shah learned advocate. Mr. Navin K. Pahva learned advocate is appearing for Fearless General Finance and Investment Company Ltd., who is objecting to the prayer being granted by this Court. As per oral direction of this Court, a copy of application is given to Mr. Pahva and he is permitted to make submissions.3. Mr. Thakore learned Senior Counsel appearing for the applicant-Company has submitted that the delay in implementation of the project due to the va...
G.S.F. Medical and Para Medical Association Vs. State of Gujarat and a ...
Court: Gujarat
Decided on: Jul-15-2005
Reported in: (2005)3GLR2350
ORDER27. In view of the above discussion, the following order is passed:-I Subject to the conditions stipulated hereinafter, respondent No. 2 Committee shall permit the petitioner Association to conduct the Common Entrance Test for admission to the management quota to the 1st MBBS/1st BDS/1st B. Physiotherapy courses in the colleges run by the members of the petitioner Association as communicated to respondent No. 2 Committee vide its letter dated 18.5.2005, subject to the condition that only the institutions recognized by the competent authorities according to the relevant applicable laws shall grant admissions to their colleges :-(1) Only the students who have obtained at least aggregate 70% marks in the theory papers of Physics, Chemistry and Biology at the qualifying examination ( e.g. HSC (Science Stream) examination conducted by the Gujarat Higher Secondary Education Board/Central Board of Secondary Education or other equivalent examinations specified in the Admission Rules as co...
Khasor Dhemarbhai Karsanbhai Vs. Deputy Collector (Mid-day Meals Schem ...
Court: Gujarat
Decided on: Jul-15-2005
Reported in: (2006)1GLR594
R.S. Garg, J.1. The present matter raises a very small, but, ticklish question for interpretation.2. Learned Counsel for the petitioner submits that the Election Officer, misinterpreting by-law 40(b)(1) of the By-laws of respondent No. 2, has rejected the claim of the petitioner for inclusion of his name in the Voters List. His submission is that a fair understanding of the by-law would make it clear that for contesting the election to the Managing Committee of respondent No. 2, one should be a Member of the Managing Committee of his primary level cooperative society. 3. Mr. Mehta, learned Counsel for the petitioner, submits that the petitioner is a Member of The Malan Milk Producers Cooperative Society Ltd.; by a Resolution dated 21st April, 2005, the said Malan Milk Producers Cooperative Society Ltd. proposed to refer the name of the petitioner as a delegate voter to respondent No. 2-Society for inclusion of his name in the list of the voters. Respondent No. 3, on 6th June, 2005, rai...
Dhiren Dave, Company Secretary Vs. Surat Dyes and 3 ors.
Court: Gujarat
Decided on: Jul-14-2005
Reported in: [2006]134CompCas586(Guj); [2008]88SCL138(Guj)
R.S. Garg, J.1. Heard the learned Counsel for the appellant on the question of maintainability of this appeal.2. Present is an appeal under Section-483 of the Companies Act, 1956 at the instance of the appellant, who was not a party before the learned Company Judge, against Order dated 24th August, 2004. It will have to be seen that against an order passed by the learned Company Judge on 7th May, 2005 in Company Application No. 42 of 2004, the learned Company Judge directed winding up of the Company after rejecting the plea of the Company that it had taken all necessary steps for its voluntary winding up. The said order dated 7th May, 2004 was challenged by the Company in O.J. Appeal No. 30 of 2004. The Company, after realising that certain important evidences could not be produced before the learned Company Judge and certain facts if could be brought to the notice of the learned Company Judge, they may obtain an order in review, made a submission before the Division Bench that they be...
Bazley Finvest Limited
Court: Gujarat
Decided on: Jul-14-2005
Reported in: [2005]64SCL480(Guj)
K.A. Puj, J.1. These are the petitions filed by three petitioner Companies for sanction of a Scheme of Amalgamation of the three (the Transferor Companies) with Sun Pharmaceutical Industries Limited (the Transferee Company) under Section 391 read with Section 394 of the Companies Act, 1956. Since all the Transferor Companies are the wholly owned subsidiaries of the Transferee Company, the separate proceedings for the Transferee Company were dispensed with by the previous orders of this Court.2. All the petitioner Companies are deemed limited companies being the wholly owned subsidiary of a listed public limited Company and belong to the same group of management. All the petitioner Companies are engaged in investment activities. The amalgamation is proposed for the synergic advantages. The petitions give details of the advantages that would flow by virtue of the amalgamation of these Companies.3. The proposed Scheme was approved unanimously by the Equity Shareholders as the nominees of ...
Chelabhai Kalubhai Uplana (Patel) Vs. Deputy Collector (Midday Mealssc ...
Court: Gujarat
Decided on: Jul-13-2005
Reported in: (2005)3GLR2672
R.S. Garg, J.1. By this writ application under Article 226 of the Constitution of India, the petitioner challenges the order dated 22.6.2005 (Annexure:A) passed by the Election Officer-cum-Deputy Collector (Mid Day Meals), Banaskantha, Palanpur, under which the name of the petitioner, which was included in the provisional list of the voters was ordered to be deleted. It is submitted in the writ application that the petitioner is a primary member of Adrana Dudh Utpadak Sahkari Mandali Ltd. (hereinafter to be referred to as Sthe primary society). It is submitted by the petitioner that one of the member of the Managing Committee namely, Patel Karsanbhai Daljibhai tendered his resignation from the post of the member of the Managing Committee on 25th October, 2004, a meeting of the Managing Committee of the said Society was convened on 29th October, 2004 to consider the said resignation. In the said meeting Resolution No. 6 was taken to accept the resignation. As a consequence, a vacancy wa...
Commissioner of Income Tax Vs. U.K. Textile
Court: Gujarat
Decided on: Jul-13-2005
Reported in: (2005)198CTR(Guj)487
D.A. Mehta, J.1. The following question has been referred by the Tribunal, Ahmedabad Bench 'B', under Section. 256(1) of the IT Act, 1961 (the Act), at the instance of the CIT :.'Whether, the Tribunal is right in law and on facts, in setting aside the order made by the CIT under Section. 263 of the Act whereby he had directed the AO to consider the aspect of registration to the assessee-firm in view of the fact that the assessee-firm had not carried out any business activity and that it had only let out its building and machineries thereby earning lease rent only ?'2. The assessment year is 1988-89. The assessee-firm was constituted for the purpose of carrying on business of job work of printing of cotton sarees. The assessee was assessed under Section. 143(1) of the Act. The Commissioner of Income-tax, Rajkot (CIT), took action under Section. 263 of the Act on the ground that though the firm was constituted for the purpose of carrying on business it had not carried on any business act...
Commissioner of Income Tax Vs. Sacred Heart Church
Court: Gujarat
Decided on: Jul-12-2005
Reported in: (2005)198CTR(Guj)189; [2005]278ITR180(Guj)
H.N. Devani, J.1. The Income-tax Appellate Tribunal, Ahmedabad Bench A', has referred the following question for the opinion of this Court under Section 256(1) of the Income-tax Act, 1961 (the Act), at the instance of the Revenue :Whether, the Appellate Tribunal is right in law and on facts in holding that the assessee is entitled to the benefit of section 11 in respect of the amount of Rs. 1,65,201/- advanced as loan to certain section of the public, which according to the Income-tax Officer the assessee had written off since it found that the chances of recovery were remote2. The Assessment Year is 1985-86 and the relevant accounting period is the year ended on 31st December, 1984. The assessee, a Public Charitable Trust, filed its return of income declaring deficit of Rs. 1,40,760/- on 2nd March, 1987. On perusal of the statement of income and expenditure the Assessing Officer found that the assessee had deducted an amount of Rs. 1,65,201/- against the current year's income and acco...
Dahod Sahakari Kharid Vechan Sangh Ltd. Vs. Commissioner of Income Tax
Court: Gujarat
Decided on: Jul-12-2005
Reported in: (2006)200CTR(Guj)265; [2006]282ITR321(Guj)
D.A. Mehta, J.1. The Income Tax Appellate Tribunal, Ahmedabad Bench SB has referred the following two questions out of six questions proposed by the assessee applicant under Section 256(1) of the Income Tax Act, 1961 (the Act).(1) Whether, on the facts and in the circumstances of the case, the Tribunal was right in upholding the penalty under section 271(1)(c)?2. Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that it was necessary for assessee to file cross objection inspire of fully succeeding in appeal and therefore, it cannot challenge the finding by the CIT (A) of assessee being guilty of concealment of income and / or furnishing inaccurate particulars?2. The assessment year is 1984-85 and the accounting period is the year commencing on 1st July 1982 and ended on 30th June 1983. The assessee, a cooperative society, filed return of income on 27-7-1984 showing total income of Rs. 1,37,724/-. In course of assessment proceedings, th...
Executive Engineer and anr. Vs. Dilipsinh C. Chavda and ors.
Court: Gujarat
Decided on: Jul-12-2005
Reported in: (2006)ILLJ396Guj
R.S. Garg, J. 1. Heard learned counsel for the parties. The facts necessary for disposal of the present appeal in the nutshell are that 18 workmen filed an application before the Labour Court, Godhra which was registered as Misc. Application No. 30 of 1993 and was disposed of finally by award dated 15.01.1994 and a direction was issued against the present appellants to engage the respondent-workmen in accordance with seniority and not to disturb and defeat their legal rights to receive the benefits and not to adopt unfair labour practice with a further direction to implement Government Resolution dated 17.10.1988 by extending benefits thereof to the workmen if in the facts and circumstances the workmen are entitled to the benefits under the said Govt. Resolution. The appellants being aggrieved by the said award filed Special Civil Application No. 6106 of 1994. It was submitted before the learned Single Judge that such a direct application at the instance of the workmen was not maintain...
- ‹ Prev
- 1
- 2
- 4
- 5
- Next ›
- Last »