Court : Gujarat
Reported in : (2004)3GLR2565
..... to emphasise that what was granted was a licence and not a lease. that was obviously to circumvent the provisions of the bombay rents, hotel and lodging house rates control act, 1947. it was apparently thought that the sophisticated description of the transaction as a 'licence ' instead of a lease would take it out of the clutches of the ..... decided the question whether revision under section 115 lies to the high court from a revisional order made by the district court under the provisions of the karnataka rent control act, 1961. in paragraph 11 of the said judgement, the supreme court has observed as under :'11. on the analysis presented above, the two cases upon which ..... bombay rents, hotel and lodging house rates control act. it was precisely the type of agreement that forced the hand of the legislature to intervene and amend the act by introducing s. 15 ! by which such licensees were deemed to be tenants of the landlord.'58. the .....
Tag this Judgment!Court : Gujarat
Reported in : [2006]130CompCas551(Guj); [2005]58SCL469(Guj)
..... would be permitted to start the manufacturing activities of the company as an agent of the official liquidator and it should be in the complete supervision and control of either of the official liquidator or any person appointed by this court.23. the above circumstances enumerated by the applicant appears to be attractive but its ..... , equitable and in the public interest that m/s. jindal ispat castings limited should be wound up under section 20(1) of sick industrial companies (special provision) act, 1985. even during the pendency of the company's reference before bifr, several opportunities were given to the company. it was, however, not possible for the company ..... this application. mr. nanavati has further submitted that the reason for moving this application for revoking the order of winding up under section 466 of the companies act, 1956 as a contributory, is that on account of positive change in the market for steel industry and ferroy alloy industry, the persons who have faith in .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1980Guj89; (1980)1GLR103
..... is not possible to claim that the 'sanctity' of contract cannot be touched by legislation, it,is therefore necessary to examine the provisions of the madhya pradesh accommodation control act, 1961 to find out whether the respondents' predecessors in interest retained a heritable interest in the disputed premises even after the termination of their tenancy.'the supreme court ..... law in view of the decision of the supreme court in damadilal v. parashrarn : air1976sc2229 and alsp in view of the decision in v. dhanpal chettier v. yasodai animal (1979) 2 ren cj 358 ? (2) if a statutory tenant has also an estate and the statutory tenancy is heritable and transferable, would it require to be ..... we proceed to consider the relevant provisions of the bombay rent act for this purpose, we must refer to the latest decision of seven judge's bench of the supreme court in v. dhanpal chettiar v. yasoda animal, (1979) 2 rcj 358, rendered on august 23, 1979 under which the appeal at the instance of tenant was .....
Tag this Judgment!Court : Gujarat
Reported in : (1985)1GLR394; (1985)1GLR541; (1986)ILLJ1Guj
..... that in a case where the standard rent of a building has been fixed under s. 7 of the m.p. accommodation control act and there was nothing to show that there had been fraud or collusion; that would be its reasonable letting value, but where it ..... interpretation of the provisions of clause (b) of s. 138 of the m.p. municipal corporation act, being act no. 23/56 of that state. s. 7 of the m.p. accommodation control act, 1961 came to be examined in the context of s. 138(b). the supreme court held ..... that s. 138(b) of the act provided that the actual value of any building shall be deemed to ..... not arise by recourse to clause (b), it would be permissible to fix its reasonable rent without regard to the provisions of 1961 act. while upholding this argument, it was held that that interpretation gave also proper effect to the non-obstinate clause contained in clause ( .....
Tag this Judgment!Court : Gujarat
Reported in : (2001)165CTR(Guj)620; [2001]252ITR354(Guj)
..... warrant interference of this court. nothing has been spelt out for the exercise of discretion by the assessing officer under section 139(9) of the income-tax act and the exercise of discretionary power under section 264(1) of the respondent is in any way influenced by extraneous or hostile consideration. on the contrary, the ..... was deficient and defective and not in compliance with the relevant provisions. however, the assessing officer, exercising his discretion, under section 139(9) of the income-tax act served the assessee with a notice to cure the defects. such an opportunity was, admittedly, given to the assessee to rectify the defect. as provided in sub- ..... any, claimed to have been paid ;(ii) the amount of compulsory deposit, if any, claimed to have been made under the compulsory deposit scheme (income-tax payers) act, 1974 (38 of 1974) ;(d) where regular books of account are maintained by the assessee, the return is accompanied by copies of-(i) manufacturing account, trading account .....
Tag this Judgment!Court : Gujarat
Reported in : 2008ACJ2711; (2008)1GLR327
..... court exceeded their jurisdiction under section 39(2) of the delhi rent control act, when they reversed the finding of bona fide requirement of the appellant, has no substance. whether on the facts proved the requirement of the landlord is ..... of the members of the bench. the learned judge, speaking on behalf of the court, observed in reference to section 39(2) of the delhi rent control act which confers an identical power on the high court to interfere only where there is an error of law.the argument that the learned judges of the high ..... prior to that it provides for 40% damages. the section at relevant time reads as under:4. amount of compensation:- (1) subject to the provisions of this act, the amount of compensation shall be as follows, namely:_____________________________________________________________________________(a) where death results from an amount equal to (forty percent) ofthe injury monthly wages of the .....
Tag this Judgment!Court : Gujarat
Reported in : (2004)2GLR1211
..... where the question of fixing its standard rent does not arise, it would be permissible to fix its reasonable rent without regard to the provisions of the madhya pradesh accommodation control act, 1961. this view will, in our opinion, give proper effect to the non-obstante clause in clause (b) with due regard to its other provision that the letting ..... hold that in a case where the standard rent of a building has been fixed under section 7 of the madhya pradesh accommodation control act, and there is nothing to show that there has been fraud or collusion, that would be its reasonable letting value, but, where this is not so, and the ..... fast track court no. 2), vadodara dated 14-11-2003 below exh. 11 and your lordships may be pleased to give benefit under section 147 of the negotiable instruments act by compounding the offence.'4. the accused had earlier filed one criminal revision application being criminal revision application no. 606 of 2003 challenging the legality and validity of both the .....
Tag this Judgment!Court : Gujarat
Reported in : 2004CriLJ3786
..... where the question of fixing its standard rent does not arise, it would be permissible to fix its reasonable rent without regard to the provisions of the madhya pradesh accommodation control act, 1961. this view will, in our opinion, give proper effect to the non-obstante clause in clause (b) with due regard to its other provision that the letting ..... hold that in a case where the standard rent of a building has been fixed under section 7 of the madhya pradesh accommodation control act, and there is nothing to show that there has been fraud or collusion, that would be its reasonable letting value, but, where this is not so, and the ..... (fast track court no. 2), vadodara dated 14.11.2003 below exh.11 and your lordships may be pleased to give benefit under section 147 of the negotiable instruments act by compounding the offence:'4. the accused had earlier filed one criminal revision application being criminal revision application no. 606 of 2003 challenging the legality and validity of both .....
Tag this Judgment!Court : Gujarat
Reported in : (2005)194CTR(Guj)306; [2005]276ITR411(Guj)
..... made absolute.special civil application no. 3960 of 2004.52. the petitioner has, by way of this petition challenged notice issued under section 148 of the income tax act,1961 (the act) dated 28/3/2003 (annexure-a) issued by the respondent seeking to reopen the assessment for assessment year 1996-97, on the ground that the said action is ..... rs. 67.75 lacs by treating deposit of rs. 67.75 lacs with l.t.shroff group as being unexplained investment under section 69 of the income tax act,1961 (the act) on 31/3/2000. the said order came to be challenged before cit (appeals) who for the reasons stated in his order dated 15/3/2001 set ..... maintained by an assessee has contravened any of the conditions of recognition, he may refer the question of withdrawal of recognition to the commissioner but until the commissioner acting under the powers reserved to him withdraws such recognition the taxing authority must proceed on the basis that the provident fund has satisfied all the requisite conditions for its .....
Tag this Judgment!Court : Gujarat
Reported in : (2004)2GLR698
..... discussion and appreciation of evidence have proceeded on the said line. further mr. pathak's submissions regarding violation of sections 25-g and 25-h of the act read with rules 77 and 78 of the rules cannot support the judgment. further dehors the violation of aforesaid provisions, respondent has no right to claim the ..... illegal. he has submitted that the petitioners did not comply with provisions of section 25-g while terminating the service of respondent and section 25-h of the act while re-employing the retrenched workmen, read with rules 77 and 78 of the industrial disputes (central) rules, 1957 (hereinafter referred to as 'the rules') ..... were, therefore, entitled to terminate the same without assigning any reason. according to him action of petitioners was covered under section 2(oo)(bb) of the act. he has further submitted that the petitioners were required to relieve the respondent from the service only because her appointment as well as appointments of several others were .....
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