Court : Gujarat
Reported in : (1986)2GLR1038; (1987)ILLJ386Guj
..... , 1957, got amended. originally, section 3 of the railway protection force act, 1957, read as follows : '3. constitution of the force - (1) there shall be constituted and maintained by the central government a force to be called the railway protection force for the better protection and security of railway property. (2) the force shall be constituted in such manner, shall consist of such number of superior officers ..... as follows : '2. the provisions of this act shall not apply to - (a) any member of the naval, military or air forces or of any other armed forces of the union; (b) any person governed by the provisions of the industrial disputes act, 1947, in regard to such matters in respect of which he is so governed; (c) any officer or servant of .....
Tag this Judgment!Court : Gujarat
Reported in : [2008]143CompCas580(Guj)
..... no. 82 of 1997. the official liquidator has appointed one m/s. pankaj r. shah, chartered accountant for the purpose of verification of claims submitted by the secured creditors of the company, namely, central bank of india, gsfc & giic and the said chartered accountant vide his report dated 16.01.2000 submitted verification report which is as under:sr. no. ..... ,02,715/-gujarat state financial corporationsr. no. order dated company application no. amount (rs.)01. 14.10.1997 385 of 1997 34,02,715/-total 34,02,715/-gujarat industrial investment corporationsr. no. order dated company application no. amount (rs.)01. 14.10.1997 385 of 1997 34,02,715/-03. 11.01.2000 50,00,000/-total 84 ..... term loan 2,98,140/-total 1,03,48,723/- 5. the official liquidator has also given details of payments made to each secured creditors and workers of the company in his report. the same are as under:central bank of indiasr. no. order dated company application no. amount (rs.)01. 14.10.1997 385 of 1997 34,02,715/-02 .....
Tag this Judgment!Court : Gujarat
Reported in : (1988)1GLR481; (1988)IILLJ534Guj
..... of the constitution. in sukhdev singh v. bhagatram, (1975-i-llj-399), three statutory corporations, namely, oil and natural gas commission, life insurance corporation and industrial finance corporation were, held to fall within the meaning of 'the state' as defined in art. 12 of the constitution. in that case two questions arose for ..... agency of the government. the provisions in the memorandum and articles of association when read in conjunction show existence of deep and pervasive control of the central government over the company. we are, therefore, of the opinion that the learned single judge was right in reaching the conclusion that appellant no. ..... three statutory corporations fell within the definition of 'the state' in art. 12 of the constitution and whether the regulations framed by such corporations have force of law. both these question and whether the regulations the affirmative by the majority holding that these three corporations were 'other authority situate in the territory .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1975Guj194
..... special provision. their lordships harmonised the general provision in that case by excluding from the scope of the general provision the special provision for resolution of the industrial disputes. in the present case, this principle is even incorporated by the legislature by enacting section 203 (3) itself by making the rule making power ..... of such entrustment by the legislature of the authority to make such consequential amendments in law. in that case such executive power was exercised by the central government under article 258(1) under which a blanket provision was made enabling the president by a notification to exercise power which the legislature could ..... against the petitioner. so long as that statutory guarantee continued in force by reason of the order issued under section 155 (2), which has a force of law and which portent amends the primary education act, this administrative machinery with all provisions for security of tenure of the staff maintained under section 20 (1) would .....
Tag this Judgment!Court : Gujarat
Reported in : (2005)3GLR2296
..... petitioner is a going concern and employs very large number of persons. the petitioner directly employs about 200 persons and several hundreds more are employed by ancillary industries and establishments set up to supply materials and services to the petitioner. the petitioner pays a very large amount by way of wages and salaries. the ..... when two schemes had already failed and thereafter sufficient time had also been given to the company / promoters to negotiate the terms of settlement with their secured creditors. the aaifr has also observed that even during the pendency of the appeal, the aaifr had accorded further opportunity to the company to negotiate its ..... proposal offered by the petitioner company itself. this court had granted interim relief considering the bonafides of the petitioner company to settle the dues of the secured creditors and other financial institutions and banks and considering that the petitioner company had paid total sum of rs. 88.50 lacs against the total dues .....
Tag this Judgment!Court : Gujarat
Reported in : (1983)1GLR725
..... jurisdiction.is it a collective dispute required to be resolved under section 10(1) of the industrial disputes act?10. so also the argument that the dispute is a collective dispute falling within the ratio of the decision in central bank of india v. rajagopalan : (1963)iillj89sc , is devoid of any substance. the ..... a higher payscale of rs. 225-9-333. and in terms it is specified that the higher payscale attached to category (li) will be applicable to security guards, fire guards, conveyor attendant, pointsman, bag stitchers, sample collectors, bag fillers and storeman. the persons discharging the aforesaid functions and doing the work of ..... -314 (except for securityguards. conveyor attendant, fireguards, poin-tsmen, bag stitchers,sample collectors, bag fillers, storeman).(li) 80-5-130 rs. 225-9-333 (for security guards,fire guards, conveyor attendant, pointsmen, bag stitchers, sample collectors, bag fillers, storeman).xxx xxx xxx xxxthe petitioner is a member of the union, namely, iffco .....
Tag this Judgment!Court : Gujarat
Reported in : (1977)0GLR576
..... filed by new shorrock spinning and . (hereinafter referred to as 'the transferee-company') for amalgamation with m. g. investment and industrial company ltd. bombay (hereinafter referred to as 'the transferor-company') under section 394 of the companies act, 1956. the main object ..... ' within the meaning of section 2(v) and allowed the application. 3. mr. vakharia, learned counsel appearing for the central government, relying upon the affidavits filed by mr. rajagopalan on behalf of the appellants, strenuously contended that the transferor-company is ..... runs : '23. merger, amalgamation and take-over-(1) notwithstanding anything contained in any other law for the time being in force, - (a) no scheme of merger or amalgamation of an undertaking to which this part applies with any other undertaking, .... ..... of amalgamation might take some time and it was desired that a little higher return should be secured on the investment. it was by way of a mere change of investment and not by way of doing business .....
Tag this Judgment!Court : Gujarat
Reported in : 2002(82)ECC497; 2003(154)ELT37(Guj); (2002)2GLR1337
..... , 1977 elt (j-61). [5] hemraj gordhandas v. h.h. dave, assistant collector of c.e. & customs, surat and ors., 1978 elt (j-350). [6] bombay oil industries ltd. v. collector of central excise, cochin, 1997 (91) elt 538 (sc) [7] dunlop india ltd. & madras rubber factory ltd. v. union of india andors., 1983 elt 1566 (sc) [8] collector of ..... . hence, on a conjoint reading of sections 25 and 159 of the act it is clear that a notification issued under section 25 of the act has the force of a statutory levy.11. section 151a of the act provides for issuance of instructions to officers of customs. the section requires that if the board considers it ..... moved on execution of bond for establishing end-use of the oil for industrial use as claimed and the bond shall cover the differential duty liability between the industrial and edible grade oil. furthermore, depending upon whether the import is by an actual user manufacturer or trader security/ bank guarantee amounting to 25% or 100%, as the case may be .....
Tag this Judgment!Court : Gujarat
Reported in : [2007(115)FLR877]; (2007)2GLR2095; (2008)ILLJ432Guj
..... assistant labour commissioner filed a false affidavit to mislead this court. in absence of any document on record to reveal that the child labour was brought by the other industry, who had given job-work to the establishment, he could not have said that the child labour was brought by other workers who had come to complete the ..... act 61 of 1986 is ex facie a bold step, that the provisions of the act other than part iii came into force at once and for part iii to come into force, a notification by the central government is visualised by section 1(3) of the act, which notification covering all classes of the establishments throughout the territory of ..... offender, the labour department or inspector or any competent officer of the labour department would be required to file a complaint before the competent judicial magistrate and if they secure conviction of such offender, then, the court would award such penalty, which may be the jail sentence or fine or both.8. the inspector or officer of the .....
Tag this Judgment!Court : Gujarat
Reported in : [2008]146CompCas495(Guj)
..... in company application no. 235 of 2005 in the case of assistant commissioner of income tax v. o.l. of minal oil & industries ltd., wherein it is held that considering the proviso to section 178(3) of the income tax act, 1961 read with section 530 ..... which is more extensive than the common law prerogative, since it creates a right to priority over all debts of every kind whether secured or unsecured. it is, however, to be read with section 151, which restricts the prerogative by confining the preference given or ..... held that the claim of the applicant that on passing the order of confiscation of 13 medical equipments, the same vests in the central government by virtue of section 126 of the customs act, 1962, cannot be accepted and action of the official liquidator in taking ..... 187 of the code says that all sums declared by this or by any other act or regulation at the time being in force or by any contract with the government to be leviable as an assessment, or as a revenue demand, or as an arrears .....
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