Court : Gujarat
Reported in : [2007]135CompCas352(Guj); [2007]78SCL274(Guj)
..... of the order of the winding up the activities of a company were subject to the supervision of the official liquidator who has got complete control over the financial aspects as well as the procedural aspects relating to various transactions which the company had indulged in during the relevant period ..... car, machinery and equipments and giving advances for the business activities and providing other integrated financial services. 5.1 prarthana, was a company incorporated under the companies act, 1956, having its registered office situate at 10, pritamnagar society, pritamnagar, ellisbridge, ahmedabad 380 006. prarthana , opponent no. 2, was engaged in the ..... is regarding that there was no valid mortgage. the applicant submitted that prarthna - opponent no. 1 herein is a company incorporated under the companies act was engaged in the activity of estate developers, construction, organizers of residential and non-residential premises and amongst such activities, was engaged in constructing one .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1966Guj253; (1966)0GLR311
..... revenue tribunal in appeal or revision or the stale government in exercise of their powers of control it also provides that no order of the mamlatdar, the tribunal, the collector or the bombay revenue tribunal or the state government made under this act shall be questioned in am-civil or criminal court. under the explanation to that section a ..... that under the proviso to section 43-c, as held in maganbhai's case, 60 bom lr 1383 (fb) (supra) the protection given to the tenant under the act notwithstanding act 33 of 1952 was retrospectively revived. but maganbhai's case, 60 bom lr 1383 (fb) (supra) was decided by the full bench on july 15, 1958. since ..... implied jurisdiction to decide the former, the provisions of section 70 would become futile. but these observations cannot possibly mean that the question as to the applicability of the act is co-related or integrally connected with the question whether the first opponent was a tenant or not. that, in our view, is a different and a distinct .....
Tag this Judgment!Court : Gujarat
Reported in : 1992(60)ELT88(Guj); (1992)1GLR452
..... no. 1-company. in this petition the petitioners have mainly prayed that tariff item 3(2) of the first schedule to the central excises and salt act, 1944 ('the act' for brief) which provides for rate of duty of excise on 'package tea', is illegal and ultra vires the constitution of india as it is arbitrary ..... has clarified that blending, sorting, packing or repacking in smaller containers shall amount to manufacturing process. this is made clear in chapter ix of the central excise tariff act, 1985. relying upon this deeming provision, the learned advocate for the petitioner submitted that till 1985, as there was no deeming provision, blending, sorting, packing and ..... the process carried out by the petitioners for having package tea can be considered to be a manufacturing process as defined under s. 2(f) of the act, that is, to decide whether package tea is different commercial commodity having its distinct character, use and name and commercially known as such because transformation of package .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1974Guj129; (1974)0GLR411
..... registered under enactments specified in the schedule for the purpose of recording entries relating to such trust in the register kept under section 17 of the act. section 40 of the act reads :'the charity commissioner shall, after considering the -report of the deputy or assistant charity commissioner, giving an opportunity to the person concerned and ..... of wards and is also the protector of charities in general (see tudor on charties , 5th edn., p 174 ). from time to time various acts were made by the government both central and state for controlling mismanagement in the properties of public trusts. however, it was only about 1950 in almost every state that ..... acts for the supervision of public trusts came to be passed. the purpose of the act as shown by the preamble is to make better provision for the administration .....
Tag this Judgment!Court : Gujarat
Reported in : [1978]48CompCas250(Guj); (1977)GLR668
..... which we may advert in that behalf. the decision we have in mind is the one rendered in seethalakshmi ammal v. controller of estate duty : [1966]61itr317(mad) . that was a case arising under the estate duty act. and the division bench of the madras high court was concerned with the question from the standpoint of the estate duty ..... to claim the amount are the heirs of the deceased, surendra, inasmuch as it is an admitted position that surendra died intestate. 4. section 39 of the insurance act of 1938, which concerns the question of nomination by a policy-holder, deserves to be quoted in so far as material for a proper appreciation of the point ..... the insurance policy, exhibit 30, it was stipulated that the sum assured was payable to 'the proposer or his assigns or nominees under section 39 of the insurance act or proving executors or administrators or other legal representatives who should take out representation to his estate or limited to the moneys payable under this policy from any court .....
Tag this Judgment!Court : Gujarat
Reported in : 1982(10)ELT203(Guj)
..... special civil application no. 1640/81) the argument has been structured in the following manner : 'the petitioner say that the duty which is imposed under the customs act is a tax charged on the entry of the goods into india. the petitioner states that taxable event occurs at the time when the goods enters into indian territorial ..... goods are ordinarily sold or offered for sale at bombay port on 1st january, 1980. but the petitioner contends that having regard to the provisions of the customs act of 1962 the place of importation would have a different connotation. it is contended that importation in india means importation in indian territorial weters. therefore, the taxable event ..... see paragraph 8 of the petition). these landing charges are included in making computation of the assessable value of the goods in accordance with the provisions of the customs act of 1962. the charge so levied are relatively speaking trifling in the sense that only 3/4% of the total c.i.f. value is charged as .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1996Guj72
..... regarded from the point of view of enforceability at law or regarded from the point of view of enforce-ability by the paramount power in exercise of its political control, the sons do not have an interest in the estate by birth or adoption and none of the rights arising from community of interest inheres in the sons. ..... parties has been as to in what manner the succession to the non-state private properties will take place. the trial court has found that the hindu succession act, 1956 (the act of 1956 for brevity) would not apply in the instant case. the learned trial judge has then applied the rule of propinquity on the basis of equity, ..... august, 1992. the order below the application at exhibit-5 has aggrieved the original defendants and they have, therefore, preferred this appeal under order 43, rule 1 of the act against the said order. so far as the order below the application at exhibit-6 is concerned, the original plaintiff is aggrieved thereby and he has, therefore, invoked the .....
Tag this Judgment!Court : Gujarat
Reported in : [2007]136CompCas523(Guj); [2007]75SCL527(Guj)
..... arguments of the learned advocate are accepted, as discussed hereinabove, the same will have only one effect and i.e. nullifying the entire act. besides, the court finds that all arguments/submissions are thoroughly misconceived. the learned advocate for the petitioners conveniently avoided to acknowledge the concept of ..... performing asset, (zd) ssecured creditor and (ze) ssecured debt. the learned advocate also referred to section - 13, which is in chapter iii of the act pertaining to 'enforcement of security interest.' section - 14 pertaining to the assistance to be rendered by the chief metropolitan magistrate or district magistrate while the secured ..... appropriate writ, order or direction and be pleased to hold that, considering the provisions of the securitisation & reconstruction of financial assets & enforcement of security interests act, the petitioners who are borrowers and who had never given the property being flat no. c/201, zamzam apartment, first floor, patel falia, hathikhana, .....
Tag this Judgment!Court : Gujarat
Reported in : (1962)0GLR715
..... of shares shall carry any votes and if so what voting rights shall attach to such class of shares. the mischief which resulted was that a few person could control the affairs of a company through a small investment by holding shares which through of less face value carried larger voting rights. the articles of association could provide ..... holding equity share capital other than preference share capital no matter what the description or nomenclature of such classes of share capital was before the commencement of the companies act, 1956. this provision this strikes down in one wide sweep the inequality in voting rights attached to all shares other than preference shares and places all shares other ..... . what was the mischief and defect for which the common law did not provide. 3rd. what remedy the parliament hate resolved and appointed to cure the disease of he commonwealth and 4th. the true reason of the remedy and then the office of all the judges is always to make such construction as shall .....
Tag this Judgment!Court : Gujarat
Reported in : (2007)1GLR796
..... selling of young girls.these girls may be victims of kidnapping; they may be victims of various deprivations; they may be victims of circumstances beyond their control. for this purpose, regular raids, should be carried out in the area where sex workers operate. on numerous occasions it is reported in newspapers that ..... remain as sexual slaves. women in prostitution usually begin their career due to poverty and are kept indebted and poor by pimps and other middlemen who control their earnings and movements making them a legal non-person in a biased society. article 23 of the constitution of india prohibits traffic in human beings ..... kinds of services in adult entertainment, business facilities, meet and mate on the internet etc. pornography acts as an arm of prostitution and often women coerced into pornography are coerced into prostitution.8. economic crisis, natural diseases, political unrest and conflict situations make women and children more vulnerable and easy prey to sex traffickers .....
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