Skip to content


Judgment Search Results Home > Cases Phrase: appropriation act 2008 Court: gujarat Page 1 of about 6,035 results (0.049 seconds)

Sep 01 2008 (HC)

Sudhirbhai Nagindas Doshi Vs. State Bank of India

Court : Gujarat

Reported in : AIR2009Guj38

..... the petitioner herein has filed this petition seeking the following relief:be pleased to issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondent to act and abide by letter dated 21-4-2008, by which it was communicated to the present petitioner that the respondent-bank has decided to accept the payment of rs. ..... not only that vide communication dated 21-4-2008, which is annexed at annexure 'a', page 17 of the petition, the respondent bank has decided to accept payment of rs. ..... this court on 3rd july 2008 has issued notice and granted ad interim relief.4. .....

Tag this Judgment!

May 04 2011 (HC)

Surat District Cooperative Bank Limited. and 1 Vs State of Gujarat and ...

Court : Gujarat

..... in these cases, while the petitioners have challenged the validity of the provisions of the gujarat co-operative societies (amendment) act, 2008 [hereinafter referred to as "the amending act, 2008"], sought for a declaration that sections 67, 73, 73a, 74, 74d, 76, 81 and 81a of the gujarat co-operative societies act, 1961 [hereinafter referred to as "the principal act"] as amended by the amending act, 2008 are unconstitutional and invalid. ..... union of india, 1982(1) scr 947 at 969 l (air 1981 sc 2138 at p.2147) are appropriate :"another rule of equal importance is that laws relating to economic activities should be viewed with greater latitude than laws touching civil rights such as freedom of speech, religion etc. ..... being violative of article 14 of the constitution.the 2^nd proviso is violative of article 19(1)(c) and (g) of the constitution, there being a freedom to form an association guaranteed under article 19(1)(c) upon which only the reasonable restriction can be imposed by a legislation by the appropriate legislative authority as contemplated under clause (4) of article 19. ..... to suggest an appropriate regulatory framework and the amendments which may be necessary for the purpose in the relevant laws.3. ..... they will be discussed at the appropriate stage. ..... an affidavit is also filed on behalf of the 1^st respondent state of gujarat, which will be discussed in details at the appropriate stage. .....

Tag this Judgment!

Aug 06 2012 (HC)

Gujarat Steel Tube Employees Union and Another Vs. O.L. of Gujarat Ste ...

Court : Gujarat

..... employees union and gujarat mazdoor sabha (hereinafter referred to as the applicant unions ) have taken out judges summons dated 17.3.2008 which is registered as company application no.264 of 2008 under section 456 (1) of the companies act (hereinafter referred to as the act ) seeking below mentioned relief and directions:- (a) the hon'ble court be pleased to direct the official liquidator of ..... 12.12 with reference to the objection regarding quantification of claim for wages (basic + vda and increments) it would be appropriate to take into account the observations made by the court in the decision in case of jubilee mills wherein it is observed that:- 11.9 the inescapable conclusion is ..... as the secured creditors claim for interest at compound rate is concerned, it is necessary and appropriate to take into consideration the observation in the decision in jubilee mills case wherein the court ..... 27.9.2007 another order dated 18.11.2008 has been passed which directed the official liquidator to appoint another chartered accountant and to call for fresh report from said another chartered accountant because in view of submissions and objections by the workmen and the secured creditors the court considered it appropriate to direct re-verification of claims ..... then official liquidator will get the said material examined by the chartered accountant, and if the allegation / objection is found justified, then appropriate correction shall be made with reference to such workmen / staff member. 13. .....

Tag this Judgment!

Jun 10 2008 (HC)

Kaminiben S. Padhya Vs. District Collector and anr.

Court : Gujarat

Reported in : (2008)2GLR1833

..... considering the facts of the case, and more particularly the fact that the president and other six members are facing proceedings under disqualification act, it would be just and proper if appropriate directions imposing certain restrictions as regards the business which may be transacted during the meetings and/or against the said persons are issued.5. ..... to issue appropriate directions so that the meeting scheduled to be held on 9-6-2008 may not ..... jani appearing for the petitioner submitted that the said communication order dated 7-6-2008 is not only wholly without any authority in law, but is also contrary to the law laid down by this hon'ble court (coram ..... by the petitioner that in her capacity as the president, an agenda was issued on 4-6-2008 for a meeting scheduled to be held on 9-6-2008 and that though the agenda was issued on 4-6-2008 it was only on 7-6-2008, which happened to be saturday, the respondent no. ..... stated that a meeting of the nagarpalika was held on 5-5-2008 when the president and vice-president of the nagarpalika were elected ..... 18 of 2008 before the designated authority under the gujarat provision for disqualification of members of local authorities for defection act, 1986 (hereinafter referred to as 'the disqualification act') praying inter alia that the petitioner and certain other members of the nagarpalika be disqualified under the provisions of the disqualification act for having not voted in favour of the candidates set up by the party on whose symbol the .....

Tag this Judgment!

Apr 07 2015 (HC)

E-Infochips Ltd. Vs. Deputy Commissioner of Income-tax, Circle-4

Court : Gujarat

..... by way of this petition under article 226 of the constitution of india, the petitioner - assessee has prayed for appropriate writ, order and/or direction to quash and set aside the impugned notice issued under section 148 of the income tax act, 1961 dated 27/3/2014 for the a.y. ..... 2007-2008 is sought to be reopened on the ground that the "software license fees" paid to the foreign companies was in nature of "royalty" and thus, "capital expenditure" and therefore, it attracts section 195 of the income tax act and therefore, tds was required to be ..... it is further to be noted that, in the assessee's own case for the a.y.2008-09 an order u/s.201(1) and 201(1a) r.w.s. ..... -2008, in exercise of the powers under section 147 read with section 148 of the income tax act. ..... 2007-2008, in exercise of powers under section 147 of the income tax act. 4.2 mr. ..... 2007-2008 initiated in exercise of powers under section 147 of the income tax act. ..... 2007-2008 are hereby terminated on the aforesaid ground ..... 2007-2008 is hereby quashed and set aside and the impugned reassessment proceedings of reopening assessment for the ..... 2007-2008, which are communicated to the petitioner - assessee vide communication dated 20/5/2014 are as follows : "...it has been observed that assessee has incurred expenditure of on 'software license fee' for an amount of rs.85,96,823/- and claimed as revenue ..... 2007-2008 and initiation of the reassessment proceedings for the ..... 2007-2008 on 21/10/2007 declaring total income at rs.5,52,52,210 .....

Tag this Judgment!

Mar 25 2009 (HC)

In Re: Sintex Industries Ltd.

Court : Gujarat

Reported in : (2009)2GLR1322

..... may be undertaken in view of or on account of alleged breach and/or pursuant to the said two notices and it would be open and permissible to the competent authority to take appropriate actions in accordance with the provisions of the act with regard to the alleged irregularities mentioned in the affidavit and/or communications dated 17-10-2008 and 5-12-2008 and present order sanctioning the scheme would not in any manner whatsoever dilute the proceedings and/or the action which the competent authority ..... to the international business development reserve account as mentioned in clauses 5.1 and 5.2 above and its subsequent utilization at an appropriate time as mentioned above, there shall be reduction of the securities premium account which shall be effected as an integral part of the scheme itself in accordance with the provisions of section 78 and sections 100, 102 and 103 of the act as the same does not involve either diminution of liability in respect of unpaid share capital or payment to any shareholder ..... may consider appropriate to take with regard to the alleged irregularities, or the result therein and the same shall be considered and decided independently and .....

Tag this Judgment!

Dec 10 2013 (HC)

Sunil Kumar Patodia Vs. Debts Recovery Tribunal - Ii âandeuro;andldqu ...

Court : Gujarat

..... while expressing the aforesaid view, we are conscious that the powers conferred upon the high court under article 226 of the constitution to issue to any person or authority, including in appropriate cases, any government, directions, orders or writs including the five prerogative writs for the enforcement of any of the rights conferred by part iii or for any other purpose are very ..... has preferred present petition and prayed, inter alia, that:- 31 (a) this hon'ble court be pleased to issue a writ of or in the nature of mandamus or a writ of or in the nature of certiorari or any other appropriate writ, order or direction quashing and setting aside the orders dated 27.8.2013, 22.10.2013 and 23.10.2013 passed by the respondent no.1 in the securitization application no.77 of 2013 at annexures q, u and v respectively. ..... in default to deposit part of the demand amount, and that too at the appeal stage the above mentioned fact coupled with the fact that for recovery of such claims special act is enacted and special forum is created and having regard to the fact that the demand is related to amount borrowed from bank / financial institution and then not paid, that the ..... the allegation that the appeal remedy is onerous, it would be appropriate to take into account the introduction as well as the statement of object and reasons, of the act. ..... [(2008) 3 scc 688] wherein hon'ble apex court observed that :- 3........the high court was of the view that the writ petition can be entertained .....

Tag this Judgment!

Dec 04 2008 (HC)

Union Bank of India Vs. General Workers Union and anr.

Court : Gujarat

Reported in : AIR2009Guj65; [2010]153CompCas407(Guj); (2009)1GLR867; (2009)IIILLJ502Guj

..... the secured creditor inasmuch as since the workmen themselves are to stand at pari passu charge, the secured creditor may be deprived of the said quantum of sale proceeds to be appropriated between the workmen's dues on account of the ascertainment of the workmen's dues and consequently the payment thereof to the proportionate extent in the event it is established that the workmen ..... would be for the secured creditor to consider the quantum thereof and keeping in view the pari passu charge, the proportionate share, as it goes to the secured creditor, may be appropriated and the remaining share of the workmen's dues may be reserved by the secured creditor, either for payment to the workers or to the representative union after the ascertainment of the claims ..... a company, then in that case the secured creditor, who is in custody of the amount, may be called upon to give the facts and figures of the appropriation of the amount and while considering the question of appropriation the labour court may be in a position to ascertain the share of the workmen's dues and consequently the payment thereof proportionately, if it is established that the ..... order below the application for temporary injunction prohibiting it from exercising the power under securitisation act as the secured creditor and at that stage, the petitioner has approached this court by the present petition for challenging the order dated 3.5.2008 passed by the labour court and it is also prayed by the petitioner to direct .....

Tag this Judgment!

Apr 11 2008 (HC)

Ramnikbhai Ramjibhai and anr. Vs. State of Gujarat Thro. Vilasini Ramc ...

Court : Gujarat

Reported in : (2008)3GLR2602

..... declared; except the petitioners all other land owners have accepted the compensation and have submitted reference applications under section 18 of the act and even the petitioners have also submitted reference application under section 18 of the act under protest and no steps are taken by the petitioners to obtain appropriate order after effective hearing and allowed the acquisition proceedings to be completed and therefore, the present petition under article 226 of the ..... 3460 of 2008, the petitioners have prayed for appropriate directions directing the respondents to produce following documents:i ..... from the reply of additional special land acquisition officer, ahmedabad dtd.12/3/2008, it is clear that even report under section 5a was prepared by him and was sent by him to the district collector on 26/8/2005 and the collector thereafter sent his report under section 5a to the state government on 28/9/2005 for consideration of the state government and notification under section 6 of the act has been issued and published on 30/8/2005 within one day ..... however, in the interest of justice and as a last chance, this court adjourned the matter to 29/2/2008 observing that on that day even in absence of the learned advocate for the petitioners, the matter will be proceeded further ex-parte ..... that thereafter, present special civil application was notified before this court on 28/2/2008 and though the matter was called out twice, learned advocate appearing on behalf of the petitioners was .....

Tag this Judgment!

Jul 29 2009 (HC)

Essar Oil Limited and ors. Vs. Central Bureau of Investigation and anr ...

Court : Gujarat

Reported in : 2010CriLJ224

..... your lordships may be pleased to issue appropriate writ, order or direction to quash and set aside the impugned order dated 22.09.2008 passed by the learned special judge, cbi, ..... thereafter, also despite the serious observations of the honourable supreme court, holding the accused liable of well-planned deception and fraudulent acts leading to evasion of duty running into crores of rupees, the then director, cbi on the opinion of the dla ..... . the court held that once it is accepted that an investigation undertaken by cbi pursuant to a consent granted under section 6 of the act is to be completed, notwithstanding withdrawal of the consent, and that 'further' investigation is a continuation of such investigation which culminates in a further police report under section 173(8), it necessarily ..... appropriate penal clause invokable whether penalty against eol, is leviable under section 114a or section 112(a)(b) of the customs ..... . 13 and submitted that the customs department had initiated investigation under the provisions of customs act, 1962 on the said set of allegations and issued show cause notice dated august 22, 1999 by directorate of revenue intelligence which was adjudicated by commissioner of customs ..... it appears that thereafter, the customs department initiated investigation under the provisions of the customs act, 1962 on the accusations that there was deliberate mis-declaration to ensure evasion of customs duty from rate changes and the cancellation of warehousing license was .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organize Client Files //