Court : Gujarat
Reported in : (1994)121CTR(Guj)318; [1995]212ITR362(Guj)
..... it.' 23. the court further observed that the power of the legislature to impose civil liability in respect of transactions completed even before that date on which the act is enacted does not appear to be restricted. if, as is conceded - and in our judgment rightly - by a statute imposing civil liability in respect of post ..... facts and circumstances. the court has also emphasised that alteration can legally be brought about with prospective effect from the date of commencement of the operation of the act and no question of violation of article 14 will arise merely because the benefit of change is not extended to the employees who have already retired from service. ..... filed on february 12, 1964. prior to that, the petitioner received a second show-cause notice dated august 27, 1963, under section 148 of the income-tax act in his capacity as the karta and manager of the alleged hindu undivided family of chimanlal narbheram thakore. again the petitioner submitted a return showing the income as ' .....
Tag this Judgment!Court : Gujarat
Reported in : (1992)108CTR(Guj)406; [1993]202ITR619(Guj)
..... business, trade and commerce and by persons interested in or dealing with companies. therefore, the meanings attached to the words 'reserves and provisions' in the companies act, 1956, dealing with the preparation of the balance-sheet and the profit and loss account would govern their construction for the purposes of the two enactments. the ..... of the proposal of the directors to distribute dividends, there was no current liability or provisions as contemplated by explanation i of the second schedule to the act and, therefore, the income-tax officer was not justified in deducting rs. 9,53,220 from the general reserve while computing the capital employed by the ..... : 8. these proceedings pertain to the assessment of the assessment which is a public limited company under the provisions of the companies (profits) surtax act, 1964 ('the said act', for short). the assessee-company adopted the calendar year as its previous year. its assessment for the assessment year 1967-68 was made under section 6 .....
Tag this Judgment!Court : Gujarat
Reported in : (1996)1GLR533; (1996)IILLJ546Guj
..... t be made defeasible and, therefore the petitioner, in the instant case, who has been totally excluded from the right of representation under the provisions of the act, cannot be taken to have any locus standi for the purpose of challenging the impugned settlement in terms of which the award has been passed. 14. ..... submitted that in this case, even the vires of section 27a were challenged and the court has held that depriving individual employees to appear in proceedings under the act, were representative union enters appearance, is not violative of arts. 14, 19 and 21 of the constitution of india. an individual person, irrespective of his being ..... such agreement. unless the arbitrator, wage board, labour court or industrial court is satisfied that the agreement was in contravention of any of the provisions of this act or the consent of either party to it was caused by mistake, misrepresentation, fraud, undue influence, coercion or threat'. accordingly if any agreement is arrived at .....
Tag this Judgment!Court : Gujarat
Reported in : [2008]146CompCas69(Guj)
..... , on november 30, 1988, being criminal miscellaneous application no. 33 of 1988, alleging commission of the offence punishable under section 630(1) and (2) of the act. pursuant to the said complaint, the learned judicial magistrate directed issuance of process against the petitioner, however, on december 5,1988, the complainant withdrew the complaint. subsequently, ..... petitioner on december 8, 1988, in the court of the judicial magistrate first class, umergaon for the offence punishable under section 630(1) and (2) of the act. by the impugned judgment and order dated may 5, 1991, the learned judicial magistrate first class, umergaon, convicted the petitioner, as noted hereinabove. in appeal before ..... valsad, at navsari, passed in criminal appeal no. 11 of 1991, in so far as it holds that, as the offence under section 630 of the companies act, 1956, is a continuous offence, for the period subsequent to november 30, 1988, i.e., the date of the earlier order acquitting the petitioner would not .....
Tag this Judgment!Court : Gujarat
Reported in : (2001)3GLR2415
..... watches of foreign origin were found lying in the show case. the above goods were seized by the said dy. superintendent of central excise (gold cell) under the customs act, 1962. value of the above goods amounted to rs. 17,485/-. out of the above seized goods, 25 wrist watches of foreign origin were confiscated outright vide adjudication ..... provisions of the act.19. the assertion of the detenu that his challenge against the detention order could not have been examined by the court due to the operation of the presidential ..... of articles 358 and 359 of the constitution. to illustrate, if an order is made by an authority other than the authority empowered to make it under the act, the court surely can examine that aspect even during the period of proclamation of emergency and strike down the order made by an unauthorised person as contrary to the .....
Tag this Judgment!Court : Gujarat
Reported in : [1978]48CompCas402(Guj)
..... and from other debtors with expedition and to take such other steps as are necessary in order to protect the assets and interests of the company. the official liquidator shall act forthwith without loss of a minute's time as the circumstances call for urgent and immediate action. advocates' fees are quantified at rs. 1,250. costs of the ..... wound up under section 433(e) and that the order of winding up shall be communicated to the official liquidator and registrar as enjoined by section 434 of the ``act. the official liquidator is appointed liquidator of the company and is directed to proceed to take charge of all the assets of the company and proceed to take such ..... the company law board as per the order dated april 18, 1975 (annexure 'a'). the sanction was accorded under sub-section (5) of section 439 of the companies act, after issuance of a show-cause notice to the company and after according it a reasonable opportunity to show cause against the proposed action. the notice to show cause as .....
Tag this Judgment!Court : Gujarat
Reported in : 2008CriLJ2379; (2008)2GLR1216
..... of income, earnings or assets and hence, treated as illegally acquired property within the meaning of clause (c) of sub-section (1) of section 3 of the act.8. considering these prima facie observations in the notice, there is no doubt that reasons for belief have been explicitly recorded by the competent authority, and therefore, the ..... and the same were placed under seizure by the customs officers under reasonable belief that they were smuggled and were liable for confiscation under the provisions of the customs act, 1962. ap-1 had further stated that he had received two foreign marked gold biscuits earlier also i.e. about 15 days prior to the said incident. ..... husband and wife respectively. the petitioner no. 1 durlabji narsibhai jogia came to be detained under the provisions of conservation of foreign exchange and prevention of smuggling activities act, 1974 (cofeposa for short) by the state government vide order dated 21-1-1992 which was confirmed by the advisory board on 6-4-1992 and as .....
Tag this Judgment!Court : Gujarat
Reported in : 1991ACJ904; (1991)1GLR361; (1993)IIILLJ611Guj
..... cheque to the workman/appellant; (ii) remaining amount, i.e. 50% of the amount awarded together with interest, cost and penalty, shall be deposited in a nationalised bank on fixed deposit at least for a period of five years in the name of the workman/appellant and the appellant/workman shall be entitled to collect the ..... shah is also of no avail to the employer factually and legally. 21. in 'hogan v. bentinck west hartley collieries (owners) ltd.' the workman who was a coal miner, suffered from a congenital defect, viz., growth in the top joint of his thumb which formed a superfluous thumb besides and in addition to his normal thumb. on ..... , the original applicant/workman has, now, come up before this court in this appeal challenging its legality and validity by invoking the aids of section 30 of the act. 8. the aforesaid factual background would clearly indicate that the poor workman, who had sustained serious personal injuries, resulting into permanent partial disablement in his left hand, .....
Tag this Judgment!Court : Gujarat
Reported in : (2002)3GLR624
..... thereof arising out of :- (a) any sale;(b) income;(c) policy or policies of insurance;(d) compensation money in respect of any acquisition and requisition or nationalisation or takeover of the management of the company;(e) any other realisation whatsoever; and they shall, in the first place, by and out of the said monies ..... indicated therein. likewise, paragraph 12 alleges details of dishonest disposal of assets in violation of s.a.t. agreement. paragraph 13 indicates entrustment of assets, the acts alleged and the effects thereof are also indicated. paragraph 14 indicates how the offence is constituted against all the accused persons.29. as regards the delay in ..... facts would be pertinent to be noted.5. arvind mills limited ('a.m.l.' for short) is a limited company incorporated under the provisions of the companies act, 1956 and is mainly engaged in textiles and garment business. around 1996-97, a.m.l. undertook expansion and diversification programme for the manufacture of different .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1965Guj112; (1964)GLR705; (1965)ILLJ567Guj
..... under a lease granted by that state under the provisions of the mines and minerals (development and regulation) act, 1948, and the rules made thereunder. while the company was thus working the mines, the state legislature passed an act called the orissa mining areas development fund act, 1952, and under powers conferred under that act, the state government was empowered to levy a fee on a percentage ..... distinguished from a case of repugnancy, though in both past transactions are saved but for different reasons. the present cases is not like the one in hingir rampur coal company case : [1961]2scr537 or the state of orissa case, for it is a case where the contest is with regard to two statutes which are passed by two legislatures .....
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