Court : Gujarat
Reported in : [1986]59CompCas368(Guj)
..... its wants and that the company had decided to reduce its equity share capital. that with end in view, the company had passed a special resolution dated june 1, 1978, to return to the holders of the equity shares paid-up capital to the extent of rs. 13 per share by reducing the nominal value of the said equity shares ..... powers of this court with a view to enabling applicants to get certain remarks made by me in my judgment dated november 19, 1981, in company petition no. 49 of 1978 with company application no. 115 of 1981, expunged. 2. in order to appreciate the grievance of the applicants in the present application, it is necessary to note a few ..... be referred to as the managing directors of the company or managing directors for short. 4. by way of company petition no. 49 of 1978, the petitioning company moved this court under section 101 of the companies act, 1956, for getting an order of confirmation regarding reduction its equity share capital. the grounds sought to be made out in the said .....
Tag this Judgment!Court : Gujarat
Reported in : (2005)3GLR2088
..... . some of them can be reproduced verbatim as under :-'a. facilities for security personnel in the civil hospital may be created for facilitating smooth change over of guard, emergency communication to jail superintendent and higher authorities. there may be designated area where the relatives or persons as permitted under the provisions of gujarat [facilities of ..... the outer world.'and this passage was again accepted as laying down the correct law by the constitution bench of this court in the first sunil batra case (1978 cri. lj 1741) (supra). every limb or faculty through which life is enjoyed is thus protected by article 21 and fortiori, this would include the ..... that post. person qualified with only mbbs degree may not be given preference. further, so far establishment of hospitals are concerned, section 39 of the prisons act and para. 547 of bombay jail manual clearly prescribe creating or establishing a jail hospital. to us it appears that this provision is required to be implemented .....
Tag this Judgment!Court : Gujarat
Reported in : (2009)3GLR2167
..... upon to show cause why they should not be removed from the office of sarpanch and members of the gram panchayat under section 57(1) of the act for the acts of commission and omission, more particularly for granting building permission in a number of cases in collusion with owners of the lands concerned, which resulted into violation ..... reliance was also placed upon the decision of the supreme court in the case of mohinder singh gill and anr. v. chief election commissioner, new delhi : air 1978 sc 851, for the proposition that when a statutory functionary makes an order based on certain grounds, its validity must be judged by the reasons so mentioned and cannot ..... court has held that for the purpose of removing a sarpanch from holding the elective office, the officers who are charged with the statutory duties under the act cannot act in such a cursory manner with casual approach so as to curtail or truncate the tenure of the holder of an elective office. the elected representatives for .....
Tag this Judgment!Court : Gujarat
Reported in : (2004)1GLR50
..... the cooperative societies/cooperative banks could be aware of the fact that nationalized banks do not pay such commission. they should have been, therefore, put on guard. according to the cooperative societies/cooperative banks they were advised by the intermediaries/banks that there are large industrial units in surat which are in need of ..... high court cannot appoint an arbitrator to decide the disputes between the parties as a delegate of the court. they have also placed reliance on air 1978 sc 1263 and air 1988 ker. 233 for contending that the banks are not liable for the frauds committed by their officers/employees.6.3 interim ..... the appellant banks themselves have filed complaints against their own officers and have also suspended them and issued chargesheet in departmental inquiries, stating that those officers acted fraudulently, the appellant banks cannot be exonerated of their vicarious liability by making allegations against office bearers of co-operative banks or societies.24.3 mr .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1987Guj253; (1987)2GLR1345
..... has power to suspend enforcement of rights conferred by part iii of the constitution. this power of the president has been curtailed by the constitution (44th amendment act, 1978) which came into force from june 20, 1979. this means that either during peace time or in war time, emergency or no emergency, the rights guaranteed ..... and/-or restraint on the executive, legislative and judicial usurpation of power is stressed as follows :'at the same time, our liberty has also to be guarded against executive, legislative as well as judicial usurpations of powers and prerogatives'.....' it (the constitution) has by providing for preventive detention, recognized that individual liberty may ..... frustrate the validly enacted law in accordance with arts. 21 and 22 of the constitution. nevertheless the danger to the personal liberty has to be jealously guarded against by the judiciary which is the sentinel for the purpose of protecting the liberty of an individual. there may be cases where the order of .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1985Guj68
..... natural justice'. what are civil consequences' the question was posed and answered by this court in mohinder singh gill v. the chief election commr, new delhi (1978) 2 scr 272 : air 1978 sc 851 '.krishna lyer, j's observations in this connection in the aforesaid decision were extracted in the said para of the report as under :--'but what ..... as seen above, the disputed structure is within the limits of gandhidham town in kutch district. in the year 1957, the then bombay legislature enacted the said gandhidham act. the said act was to provide for development of gandhidham, for the control on erection of buildings therein and for certain other matters. it extended to the whole of gandhidham in ..... scr 272 . air 1978 sc 851. where it was observed : --'we have been told that wherever the parliament has intended a hearing it has said so in the act and the rules and inferentially where it has not specified it is otiose. there is no such sequitur. the silence of a statute has no exclusionary effect .....
Tag this Judgment!Court : Gujarat
Reported in : (2004)3GLR502
..... mere apprehensions of appointment of nominated representatives were expressed.relying upon the celebrated judgment of the supreme court in smt. maneka gandhi v. union of india, [air 1978 sc 597] it was submitted that the words 'in the interest of the general public' were held by the apex court to have a clearly well-defined meaning ..... are grouped and heard together as they involve the common issue of the validity of sub-section (2) of section 80 of the gujarat co-operative societies act, 1961 ('the act' for short). however, the petitions are required to be divided into three sub-groups viz. the petitions in which show cause notices to appoint nominee directors ..... a direction restraining the respondent from appointing nominees under section 80 of the act has no factual basis since such appointments on the basis of financial stake and the resolutions of the society to accept such appointments appear to have been made in the year 1978 and 1999 of which the orders are not under challenge. and, .....
Tag this Judgment!Court : Gujarat
Reported in : (1991)2GLR1354; (1992)IILLJ486Guj
..... on november 22, 1990 refusing to refer industrial disputes raised by the petitioner-union for adjudication of the appropriate authority under the provisions of the industrial disputes act, 1947 ('the act' for short). 2. in order to appreciate the grievances of the petitioner-union against the impugned order, a few relevant facts leading to this petition deserve ..... in (i) d. m. sahib & sons, (air) 1966 sc 370, (ii) silver jubilee tailoring house, (1973-ii-llj-495) and (iii) harsainbhai v. alath factory, (1978-ii-llj-397). it has been averred that the tribunal will life the veil behind this paper arrangement based on the fact that the members of the union have been ..... be 'archaic' 'primitive' and of 'baneful nature'. the system, which is nothing but an approved version of bonded labour, is sought to be abolished by the act. the act is an important piece of social legislation for the welfare of laborers and has to be liberally construed.' 'it is pertinent to note that respondent no. 2-company .....
Tag this Judgment!Court : Gujarat
Reported in : 1995CriLJ3751; (1996)1GLR219
..... central government to take measures for preventing and combating abuse of an illicit traffic in narcotic drugs and to appoint authorities and officers to exercise the powers under the act. the provisions in chapter iii deal with prohibition, control and regulation of cultivation of coca plant, opium, poppy, etc. and to regulate the possession, transport, ..... ). thus, the expert has opined that the substance sent to him is charas. the question is whether charas found by expert is a 'charas' as defined in ndps act. under section 293 criminal procedure code, opinion of the expert is admissible in evidence. however, at the request of the defence counsel, the expert was presented for the cross- ..... inspector and above the rank of peon, sepoy and constable, as officers under section 42(1) of the act. we are supported in our view by the judgment in the case of menaka gandhi v. union of india : [1978]2scr621 . there, the relevant observations are as under:--'it is true that when the order impounding a .....
Tag this Judgment!Court : Gujarat
Reported in : (2004)3GLR2081
..... disciples'. (scho 51 of satsangi jivan). this position is also borne out by reference to shiksha patri where the purpose of appointment of acharya be defined as guarding of the dharma of all the founders voteries, coupled with duty of initiating new members (schl.127). the importance of other constituents namely sadhus and grahasthis can ..... 1269); a.k. kraipak v. union of india (1970) 1 scr 457: (air 1970 sc 150) and maneka gandhi v. union of india, (1978)2 scr 621: (air 1978 sc 597) that no order involving adverse civil consequences can be passed against any person without giving him an opportunity to be heard against the passing of such ..... no. 156/2002. by the impugned order, ld. civil judge has allowed the application exh. 5 and has granted prohibitory order restraining the appellants-original defendants from acting for themselves and with their supporters and entering the temple under vadtal gadi at vadtal, gadhada, junagadh region under the pretext of carrying of 'dhoon' without prior .....
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