Court : Gujarat
Reported in : [2003]43SCL146(Guj)
..... s performance remained dismal and it defaulted in repayment of the assistance provided even as per the revised schedules. it is further submitted that the idbi was appointed as operating agency under section 17(3) of the sick industrial companies (special provisions) act, 1985 to examine the viability and prepare a scheme for rehabilitation of the company ..... company in company petition no. 106 of 1999 and mr. d.s. vasavada, ld. advocate appearing for the respondent no. 7 requests to grant stay against the operation of the judgment. mr. roshan desai, ld. advocate appearing for the idbi and mr. sandeep singhi, ld. advocate appearing for iibi have objected to against granting of ..... any payment made to the workers would get preferential treatment. he has therefore submitted that if at all this court is inclined to grant stay against the operation of the order, the workers should also not be paid any amount during this period.i have heard the ld. advocates appearing for the respective parties on .....
Tag this Judgment!Court : Gujarat
Reported in : (2004)1GLR116
..... . as a return of long service he should be assured social security to some extent in the form of either pension, gratuity or provident fund whichever retiral benefit is operative in the establishment. it must not be forgotten that it is not a gratuitous payment, it has to be earned by long and continuous service. a scheme of gratuity ..... a scheme even if they survive such new scheme. they will remain outside its sweep. the decisions of this court covering such second category of cases are : commander, head quarter, calcutta v. capt. biplabendra chanda, (1997) 1 scc 208 : (1997 air scw 2564) (supra) and govt. of tamil nadu v. k. jayaraman, (1997) 9 scc 606 : (1997 air scw ..... fund of a board shall be deposited in such manner as the state government may by a special or general order direct.(4) the accounts of a board shall be operated upon by such officers jointly or individually as may be authorised by the board.18. application of funds and property : all property, fund and other assets of a .....
Tag this Judgment!Court : Gujarat
Reported in : (2004)2GLR529; [2004]54SCL292(Guj)
..... consequences of being prosecuted if the cheques were bounced. by obtaining an injunction preventing the appellant to present the cheque, the respondent company has fraudulently obtained a stay against the operation of the provisions contained in section 138 & 141 of the negotiable instruments act. the respondent company, therefore, indirectly succeeded in achieving what he could not have succeeded directly ..... of remedy are reciprocal.21. mr. vakil has further relied on the decision of the hon'ble supreme court in the case of rabindra nath ghosal v. university of calcutta and others, a.i.r. 2002 s.c. 3560 wherein it is held that there can be no dispute with the proposition of law that a claim in ..... hand and enforcement of remedy on the other hand.19. mr.vakil has further relied on the decision of the hon'ble supreme court in the case of chairman, railway board and others v. mrs. chandrima das and others, a.i.r. 2000 s.c. 988 wherein it is held that where a public functionaries are involved and .....
Tag this Judgment!Court : Gujarat
Reported in : [2002]111CompCas118(Guj)
..... the enforcement of an obligation or any liability against the relief undertaking is suspended and proceedings which are already commenced are to be stayed during the operation of the notification. on the notification ceasing to have force, such obligations and liabilities revive and become enforceable and the proceedings which are stayed can ..... of the scheme, the provisions of set forth in the term sheet shall become binding in terms of the provisions of the scheme and shall operate notwithstanding anything to the contrary contained in any deed, instrument or writing, provided that all references to signing of restructuring documents to implement the ..... the provisions of bombay relief undertaking act, (2) jurisdiction to entertainment this petition, (3) there is no genuine compromise or arrangement, (4) the scheme operates unfairly, while favouring some creditors, the scheme seeks to confiscate the legitimate rights and securities of the objectors and members of its class, (5) sanction of .....
Tag this Judgment!Court : Gujarat
Reported in : (2004)2GLR1764
..... homes and corrective institutions under the provisions of the act.(xv) the state level rehabilitation committee will take up the issue of rehabilitation of the prostitutes operating in chakla bazaar area of surat on priority basis, and collect data for identifying cases which are required to be put up before the magisterial courts ..... to adequate physical and psychological care. such protection and care shall not be made conditional upon the capacity or willingness of the trafficked person to co-operate in legal proceedings. children who are victims of trafficking have to be identified as such and their best interests shall be considered paramount at all times. ..... victim prostitutes who are controlled and exploited by others in the trade lies heavily with the enforcement authorities and officials. it should be ensured that rescue operations do not further harm the rights and dignity of the victims of prostitution. india is a party to 'protocol to the united nations convention on transnational .....
Tag this Judgment!Court : Gujarat
Reported in : (2007)1GLR796
..... 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 persons from social organisations who dare to rescue these girls are manhandled, beaten or threatened. to ..... treatment for getting out of the immoral activities.(6) regularly carry out a.i.d.s. awareness programme in the areas where sex workers normally operate.(7) the state government is also directed to submit periodical reports, by taking out notice of motion, either through the learned advocate-general or me ..... , meghalaya, orissa, punjab, rajasthan and delhi. delhi receives prostitutes from about 70 districts in the country; bombay from 40 districts; bangalore from 70 districts; calcutta from 11 districts, hyderabad from 3 districts etc. there is growing evidence that the minimum number of prostitutes get into flesh trade either voluntarily or by organised gangsters .....
Tag this Judgment!Court : Gujarat
Reported in : (2002)2GLR741
..... existing but still not occupied, the authorities shall not grant noc or occupation certificates unless and until sufficient fire protective system is installed and made operational by them. the authorities shall strictly enforce the provisions relating to fire protective system before granting occupation certificate.(iii). existing and occupied buildings: ..... and auda are directed that they shall not grant noc or building use permission unless and until sufficient fire protective system is installed and made operational by them. these authorities shall strictly enforce the provisions relating to fire protective system before granting occupation certificate.(3). it is further directed that ..... to monitor cinema halls and no renewal of license shall be granted unless adequate protective measures have been provided by them and the same are operational and in working condition. the officers of the corporation shall inspect, verify and test the fire safety measures at such intervals, in consultation .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1994Guj104; (1993)2GLR1460
..... the goods or class of goods on the longest route. mr. ghosh invited my attention to the affidavit-in-reply filed by mr. k. l. dixit, the divisional operating superintendent, western railway, sworn on march, 27, 1990, produced on the record of the case, where mr. dixit has, while referring to the shortest route, stated as follows :'the route ..... to be turned down by the authorities of the western railways, the petitioner has moved this high court under article 226 of ..... it is further the case of the petitioner that it has invoked the writ jurisdiction of the calcutta high court, in the matter of excess freight levied from it by the south-eastern railways, and certain orders have been passed by the calcutta high court in that regard.7. as its demand for the refund of the excess freight came .....
Tag this Judgment!Court : Gujarat
Reported in : [2002]257ITR355(Guj)
..... commissioner of income tax v. gordhanbhai jethabhai, reported in : [1994]205itr279(guj) was cited for its proposition that interest becomes payable by the assessee as a result of operation of law and it is not made dependent upon the discretion of the income tax officer. it was held that the discretion which is conferred upon the income tax officer ..... to import concept of real income so as to whittle down, qualify or defeat the provisions of the act and the rules.14.9 in hindustan motors (supra), calcutta high court held that accrual of interest takes place normally on day to day basis and it does not depend upon the making of account. it was held that ..... more regard to the reality and speciality of the situation rather than the purely theoretical or doctrinaire aspect to it.[d] decision in case of commissioner of income tax v. calcutta discount co. ltd., reported in : [1973]91itr8(sc) was cited for the proposition that an assessee can so arrange his affairs as to minimize his tax burden. it .....
Tag this Judgment!Court : Gujarat
Reported in : [2006]132CompCas606(Guj); [2006]71SCL274(Guj)
..... industries were not satisfied. 2.5 in view of the rise in price, an association of gas consumers was formed and ultimately a society registered under the co-operative societies act. they filed petition before this court being special civil application no. 833 of 1979 and others praying to issue appropriate writ directing the respondent to supply ..... bank v. official liquidator, chemmeens exports (p) ltd. reported in : [1998]3scr255 where the hon'ble supreme court in para 9 after referring to the decision of the calcutta high court in the case of praga tools ltd. v. official liquidator of bengal engineering co. (pvt.) ltd. (1984) 56 comp. cases 214 has approved the said ratio ..... . in this connection, we have also referred to earlier the judgment of the calcutta high court in praga tools ltd. v. official liquidator (supra) as well as the judgment of the hon'ble apex court (supra) in particular para 9 where the hon .....
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