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Judgment Search Results Home > Cases Phrase: companies act 2013 chapter xxix miscellaneous Sorted by: recent Court: gujarat Page 1 of about 27 results (0.028 seconds)

Apr 22 2013 (HC)

Manjudevi R. Somani Vs. Union of India and Others

Court : Gujarat

..... rule 10, clause (1) of chapter xxxii of the criminal manual 1977 regarding the distribution of business amongst the metropolitan magistrates, ahmedabad, thereby empowering the additional chief metropolitan magistrate, ahmedabad, to accept and decide cases under the provisions of the sarfaesi act 2002 arising within the limits of ahmedabad municipal corporation as well as the order dated 17th july 2012 passed by the additional chief metropolitan magistrate, ahmedabad, below exhibit 1 in miscellaneous application no.73 of 2012 are ..... placed before us by mr.g.m.joshi, the learned standing counsel for the high court, it is clear that at the time of creation of the post of additional chief metropolitan magistrate, ahmedabad, either by virtue of notification of 1986 or by the latest notification of 2013, the power under any other law for the time being in force apart from the code of criminal procedure 1973 has not been given. 25. ..... it was also brought to our notice that recently a fresh notification dated 6th february 2013 has been issued by the registrar general of this court in exercise of powers conferred under subsection (2) of section 17 of the code of criminal procedure 1973, by which all the metropolitan magistrates at ahmedabad have been appointed as additional chief ..... by act 1 of 2013, section 6 (a) (w.e.f. .....

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Sep 29 2015 (HC)

All Gujarat Federation of Tax Consultants Vs. Central Board of Direct ...

Court : Gujarat

..... company not being a company to which clause (g) applies and clause (g) prescribes form no.itr-7 in the case of a person including a company whether or not registered under section 25 of the companies act, 1956 which is required file return under the relevant sub-sections of section 139 of the act ..... short period within which the income tax returns are to be filed, it was expected of the board to exercise the discretionary powers vested in it under section 119 of the act to ameliorate the difficulties faced by the assessees on account of no default on their part, at least to a certain extent, by extending the due date for filing the income tax returns for a reasonable ..... may, from time to time, issue such orders, instructions and directions to other income tax authorities as it may deem fit for the proper administration of this act, and such authorities and all other persons employed in the execution of this act shall observe and follow such orders, instructions and directions of the board: provided that no such orders, instructions or directions shall be issued (a) so ..... any requirement contained in any of the provisions of chapter iv or chapter via also can be relaxed by the cbdt for avoiding genuine hardship in ..... the petitioners submitted that with effect from assessment year 2013-14, it is mandatory for the assessees to electronically file ..... 2013 the first respondent made it mandatory for the assessees, to electronically file the income tax returns relevant for assessment year 2013 .....

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Jan 15 2015 (HC)

Commissioner of Income-tax (TDS) Vs. Oil and Natural Gas Corpn. Ltd.

Court : Gujarat

..... contention also, we find that there is no exclusion provided in section 115wb to exclude those expenditures incurred by the assessee company for employees' welfare which were not actually incurred by the employees as per the intention for which the expenditure was incurred. ..... at the time of survey, besides details of contract payments and other miscellaneous payments, the salary payments to the employees was asked for, and verification was focused on salary and contract expenses incurred by the respective offices ..... reply was this that any expenditure incurred for meeting the employer's statutory obligation under the employment standing order act, 1948 fall within the scope of exclusion in the explanation to clause-e of sub-section (2) of 115wb and, therefore, to the extent, such expenditure is covered by this exclusion, fbt is not required ..... mauna bhatt has brought to our notice that similar question came to be considered by this court in tax appeal no.549 of 2013 and allied matters, which was decided on 5.12.2014 and this court by reasons recorded in the above referred decision, answered the question against the revenue and in favour of the ..... "(vi) the value of any other fringe benefit or amenity (excluding the fringe benefits chargeable to tax under chapter xii-h) as may be prescribed;" "115wb(1) (2) the fringe benefit purposes, namely :- (e) employees' welfare ..... of section 17(2)(vi), we find that perquisites does not include the fringe benefit chargeable to tax under chapter-xiih. .....

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Sep 05 2014 (HC)

Govindbhai V. Makwana - Accountant and Others Vs. State of Gujarat and ...

Court : Gujarat

..... central government in relation to the multi-state co-operative societies and the registrar for co-operative societies appointed by the state government under the law made by the legislature of a state in relation to co-operative societies; [g] "state act" means any law made by the legislature of a state; [h] "state level co-operative society" means a co-operative society having its area of operation extending to the whole of a state and defined as such in any law ..... is to have a fund called the gram fund or the nagar fund into which are to be paid, inter alia, the proceeds of any tax or fee imposed by or assigned to the panchayat under the act, the sums contributed to the fund by the state government or the taluqa panchayat or the district panchayat and all sums received by way of loans from the state government or the taluqa panchayat or the district ..... lordships may be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction quashing and setting aside the impugned order dated 21.6.2013 which is at annexure-a to this petition and all consequential orders and further be pleased to restore to the employees of the limbdi nagar palika the salary in the pay scale recommended by the ..... (2010) 12 scc 1, the supreme court was considering the question whether the provisions of "no confidence motion" against the chairperson of a panchayat and jilla parishad was unconstitutional in view of chapter ix of the constitution of india. .....

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Sep 05 2014 (HC)

Sultanabad Bhimpore Social and Environmental Protection and Another Vs ...

Court : Gujarat

..... in conformity with the present real situation; (e) pending the hearing and final disposal of this petition, your lordships may be pleased to direct the respondent authorities to maintain status-quo position and not to act in furtherance of the town planning scheme no.79-80 (sultanabad-bhimpore) and the respondents authorities may further be restrained from not implementing the said town planning scheme; (f) your lordships may be pleased to grant ..... may be pleased to restrain the respondents herein from implementing the town planning scheme no.79-80 (sultanabad-bhimpore) and they may be directed to keep the said town planning scheme in status-quo position and not to act in furtherance of the said town planning scheme and the said town planning scheme no.79-80 (sultanabad- bhimpore) be quashed and set aside by an appropriate writ of this hon'ble court and/or writ of mandamus ..... through its urban housing and urban development department, gandhinagar, vide its order dated 27th december 2006 issued under section 122 of the act 1976, delegated all its powers to the corporation for the purpose of preparing a draft town planning scheme and to implement the same ..... we may only say that when the scheme reaches to an appropriate stage in accordance with the procedure as prescribed in the act of 1976, if any such objections are brought to the notice of the state government, then it would be for the state government to consider the same in accordance with law and take an appropriate decision, .....

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Aug 11 2014 (HC)

Jayminbhai Navinbhai Doshi and Others Vs. State of Gujarat and Others

Court : Gujarat

..... the clear intention of the legislature not to give power of condonation to the chief controlling revenue authority for delayed application against orders passed by the collector under chapter iii (except sub-section (3) of section 32a), chapter iv and chapter v and under clause (a) of the first proviso to section 27 of the act under section 53 whereas it intended to give power of such condonation to a limited extent of 30 days only to the chief controlling revenue authority as provided ..... before this bench by the learned single judge in all the special civil applications: in absence of specific exclusion of applicability of limitation act, 1963 [act, 1963] in bombay stamp act, application under section 53 of the act 1958 [act, 1958] whether delay in filing appeal/application under section 53 of the act, 1958 beyond the prescribed time limit of within 90 days from the date of passing the order by the collector/competent authority could ..... behalf of the petitioner before the high court that his clients had been pursuing wrong remedy of a civil suit which failed for want of jurisdiction and that according to section 14 of the limitation act, the period spent between filing of the suit and the date of the order in the suit could not have been counted for the purpose of calculating the period of ninety days for preferring ..... in the said decision, the petitioner, which is a company incorporated under the provisions of the companies act, 1956, entered into a sale deed dated 10th november ..... 2013 .....

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Jul 29 2009 (HC)

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

Court : Gujarat

Reported in : 2010CriLJ224

..... . the appellant brought the contents of communication dated 23.1.1995 to the notice of the learned metropolitan magistrate through its miscellaneous petition no.2040 of 1995 seeking 'reinvestigation' but the learned magistrate, rejected the petition vide order dated 4.11.1995, observing that 'rightly or wrongly that court had passed an order and it had no power to review ..... ., that in the previous proceeding, being special criminal application no.2342 of 2008, the present applicant company was neither a party nor a necessary party since the petition was primarily against the strictures passed, observations made and the cost imposed by learned special judge, c.b.i, ahmedabad in its judgment and order dated ..... . 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 shri sharma, took the decision not to reopen the ..... report of police officer on completion of investigation: - [1] every investigation under this chapter shall be completed without unnecessary delay ..... what is required to be examined is as to whether an order passed under section 190(1) accepting a final report being a judicial order, would bar further investigation by the police in exercise of the statutory powers under chapter xii of the cr.p.c.61 ..... provides that upon completion of investigation under chapter xii of the cr.p.c .....

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Aug 22 2006 (HC)

Shree Rama Multi-tech Ltd. and anr. Vs. Asset Reconstruction Company ( ...

Court : Gujarat

Reported in : (2007)2GLR1230

..... follows:2(zd) 'secured creditor' means any bank or financial institution or any consortium of group of banks or financial institutions and includes -(i) debenture trustee appointed by any bank or financial institution; or(ii) securitisation company or reconstruction company, whether acting as such or managing a trust set up by such securitisation company or reconstruction company for the securitisation or reconstruction, as the case may be; or(iii) any other trustee holding securities on behalf of a bank or financial institution, in whose favour security interest is created for due ..... appeal :- (1) any person (including borrower), aggrieved by any of the measures referred to in sub-section (4) of section 13 taken by the secured creditor or his authorised officer under this chapter, may make an application along with such fee, as may be prescribed to the debts recovery tribunal having jurisdiction in the matter within forty-five days from the date on which such measures ..... introduction of bill which ultimately culminated into the amending act of 2004 reads as follows:chapter iii of the ordinance amends the recovery of debts to banks and financial institutions act so as to enable the bank or financial institution to withdraw with the permission of the debts recovery tribunal, the application made to it and thereafter take action under the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002. 37. first proviso to sub-section .....

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Apr 29 2006 (HC)

Amthabhai Varvabhai Rabari and 4 ors. Vs. Prahladji Valaji Rajput and ...

Court : Gujarat

Reported in : (2007)1GLR20

..... section 145y which provides for powers to make rules for the purposes of chapter xi-a reads as under:without prejudice to any other power to make rules contained elsewhere in this act, the state government may make rules consistent with this act generally to provide for and to regulate all or any of the matters relating to the various stages of the elections (including preparation of list of voters.)22. ..... upon a conjoint reading of the provisions of section 74c, chapter xi-a of the act and the rules framed thereunder, it is apparent that chapter xi-a and the rules of 1982 form a complete code by themselves insofar as the conduct of elections to the committees of specified societies is concerned, and resort need not be had to the bye-laws of the individual society in this regard. ..... upon a conjoint reading of the provisions of the act and the rules, it is apparent that the elections to the committees of specified societies are required to be conducted in the manner provided under chapter xi-a of the act and the statutory rules framed thereunder.therefore, what has to be seen is as to whether the nomination papers submitted by the election petitioners were rightly rejected by the election officer. .....

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Feb 22 2006 (HC)

Pramod Bhagwan Nayak Vs. State of Gujarat

Court : Gujarat

Reported in : (2007)1GLR796

..... or female) for commercial purposes, and the expression 'prostitute' will be construed accordingly.38.5 this new definition clearly implies that those who have to be punished under the act are those who exploit persons through prostitution.38.6 most of the provisions of the act are intended to punish the brothel-keepers, the pimps, those who live on the earnings of prostitution of another person and those who are involved in the trafficking ..... it was not to render prostitution per se a criminal offence or to punish a woman merely because she prostitutes as clearly indicated in the definition of brothel which has been given in the act.38.2 section 2(a) 'brothel' includes any house, room or place which is used for purposes of sexual exploitation or abuse for the gain of another person or the mutual gain of two or more prostitutes.38.3 thus, where ..... empowers a police officer or any other person or organisation authorised by the state government in this behalf to take charge of any neglected juveniles and bring them before the board constituted under this act which board under section 15 has to hold an enquiry and make such orders in relation to the neglected juveniles as it may deem fit. ..... under chapter v of the arms act and that a single or isolated act falling under chapter xvi or chapter xvii ..... made out from the grounds of detention that the petitioner is a member of latif gang and he was committing such offences not alone but as member of latif gang in the company of his companions. .....

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