Court : Gujarat
Reported in : (1961)2GLR153
..... was necessary and that that not having been given the suit was not maintainable. it appears that the plaintiff-company applied for amendment of its plaint under ex. 60 and on liberty having been given to it the plaint was amended describing the kadi municipality as superseded and represented by the administrator. the learned district judge inter alia raised ..... is abolished the only effect of the order of supersession would be that the municipality would become dormant though it would still remain in existence and secondly that though under the act its affairs have to be transacted by elected councillors they would be transacted by an administrator appointed by the commissioner under sub-clause (3) of section ..... or at a date subsequent to the date of that conferment but not prior to such conferment. in the second place the order in question cannot be said to be one under section 43 of the baroda act nor can it be one which can possibly be passed by the state of bombay under section 59 of the .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1961Guj73; (1961)GLR117
..... in ch. iii-a which is headed 'direct management or control of industrial undertakings by central govt. in certain cases.' this chapter was added to the act by amending act 26 of 1953. prior to that date the central government had no power to take over the management of the whole or any part of an industrial undertaking ..... unit. the losses were so heavy that as a result thereof, the financial position of the first petitioner was considerably affected. at one time the registrar of companies, bombay, requested the central government to au-thorise him to present a petition for winding up the first petitioner, but the first petitoner made a representation to ..... petitioner carries on inter alia the business of spinning cotton yam in the said undertaking. the second petitioner is the proprietor of the firm of m/s. maneklal mansukhbhai and company who arc the managing agents of the first petitioner. the second petitioner is also an ex officio director of the first petitioner and along with his mother .....
Tag this Judgment!Court : Gujarat
Reported in : (1961)GLR487; [1962]45ITR294(Guj)
..... the accumulated profits so distributed which arose during the six previous years of the company preceding the date of the liquidation shall be so included.' 22. the amendment made in clause (6a) by the finance act of 1955 and sub-clause (c) as amended by the finance act of 1955 have already been set out by us when stating the definition of ..... sub-clause (c) was introduced. it would not be correct therefore to say that the definition of 'dividend' was amended for the first time in 1956. 23. to turn to the argument canvassed on behalf of the petitioner company when it stated that if we apply that part of the definition of 'dividend' which is incorporated in sub-clause ( ..... decision was relied on by counsel only for the purpose of showing that once a company goes into liquidation, the shareholders' right to receive dividend comes to an end. our attention has also been drawn by counsel to the second schedule to the indian finance act, 1948, a provision in clause b(a) of part i relating to rates of .....
Tag this Judgment!Court : Gujarat
Reported in : (1962)3GLR33
..... provident fund from the amount standing to his credit in the fund in accordance with the rules of the fund:(d2) a loan to or by an insurance company as defined in the insurance act 1948(e) a loan to or by bank.5. the facts of the case do not invite the application of the clause (a) as this is ..... relates to co-operative societies. this is clear from the preamble itself which provides that for the purpose of promoting thrift self-help etc. it is expedient to consolidate and amend the law relating to co-operative societies. the words relating to a public religious or charitable object are found in clause (b) of the definition. the enactment itself must ..... evidence before the learned magistrate before he was asked to pronounce a judgment. once the prosecution fails to avail itself of the opportunity of adducing evidence it cannot have a second opportunity. we therefore see no reason to order a remand of this case.10. although we differ from the learned magistrate on the question of law there is no .....
Tag this Judgment!Court : Gujarat
Reported in : (1961)2GLR564
..... an entry is made under section 21. it appears however that realising that there was a lacuna in the act the legislature amended the act by bombay act no. lix of 1954 and by section 2 of that amendment act inserted section 22a in the act. the new section provides that if at any time after the entries are made in the register under ..... of the rest of the items in that section. this classification is reflected in sections 72 and 79 of the act. under section 20 it is the duty of the deputy or the assistant charity commissioner to record ..... to that the act classifies these findings by the deputy or the assistant charity commissioner into two categories. the first category consists of items 1 and 2 in section 19 which are important as they would affect the rights of persons in relation to the properties found to be belonging to a public trust and the second category consists .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1963Guj112; (1962)GLR1021
..... an order for sale but his remedy is tore-closure.' in mulla's civil procedure code, 12th edition at page 1091 it is again stated this way:-- 'under the transfer of property amending act, 1929, the remedy by way of foreclosure is allowed only (1) in the case of a mortgage by conditional sale (2) as anomalous mortgage where there is an express ..... extra assistant judge was of the view that it was due to a mistake on the part of the applicant that in his original application he referred only to the second sale transaction and that too as one of 11th november 1929 between jivraj khoda on the one hand and vala puna and nanji narshi on the other. the learned ..... between the applicant puna navji and jivraj khoda, dated 4th april 1927 was in the nature of a mortgage, the learned extra assistant judge further held trot the said second transaction of sale between jivraj khoda and the opponents vala puna and nanji narshi, dated 6th december 1927 was also in the nature of a mortgage. the learned extra .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1962Guj88; (1962)0GLR204
..... and the second opponent in issuing instructions to the third opponent not to admic shrikant to the english medium class purported to act under sections 4 (27) and 38a of the gujarat university act, 1949, and statutes 207, 208 and 209 made by the senate of the gujarat university in 1954 and amended by the ..... institutions in india, to take over the effects and liabilities of existing religious charitable or educational institutions whose objects are similar to the objects of the company, to administer or manage local or parochial funds of churches or perishes and to administer, manage or control religious institutions and establishments, to construct maintain and ..... college and other institutions is an independent entity and owes its existence to its incorporation under the provisions of the indian companies act. the college so established and administered by the company has also an independent existence subject only to those restrictions which are to be found by reason of its affiliation to .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1963Guj50; (1963)0GLR326
..... examine the scheme as appearing from the various provisions of the act the long title of the act shows that it is an act to amend the law, for the acquisition of land for public purposes and for companies. the preamble to the act also makes it clear that it is an amending act enacted for the purpose of 'acquisition of land needed for ..... concluded and the judgment was reserved and that too in a petition for the issuance of high prerogative writs of mandamus and certiorari and secondly, the contention, even if permitted by way of an amendment, would, for the reasons stated by us, be premature, and more so alter this decision of the supreme court for having regard ..... in the names of any of their family members and that this information was necessary for the purpose of the inquiry which was being held by the second respondent. the second respondent rejected this application by an order dated 24th january 1961 on the view that the inquiry before him was a limited one and that the petitioners .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1964Guj154; [1964]52ITR482(Guj)
..... at the place and to the person mentioned in the notice or order, or if a time is not so mentioned, then on or before the first day of the second, month following the date of the service of the notice or order, and any assessee failing so to pay shall be deemed to be in default, provided that, when an ..... were claimed by way of liabilities by the assessee which he did not regard as constituting debts. one represented a provision for taxation amounting to rs. 21,62,785/-, the second represented the amount of the proposed dividend of rs. 5,83,188/- and the third related to over-provision in sundries amounting to rs. 11,341/-. the total of all ..... to a company'. the same view was taken by their lordships of the judicial committee in maharajah of pithapuram v. commr. of income-tax, madras . lord thankerton in delivering the judgment of the board made these observations at page 223 : (of itr) : (at p. 90 of air) : 'it should be remembered that the indian income-tax act of 1922, as amended from time .....
Tag this Judgment!Court : Gujarat
Reported in : (1963)0GLR741
..... , at the place and to the person mentioned in the notice or order, or if a time is not so mentioned, then on or before the first day of the second month following the date of the service of the notice or order, and any assessee failing so to pay shall be deemed to be in default, provided that, when an ..... were claimed by way of liabilities by the assessee which he did not regard as constituting debts. one represented a provision for taxation amounting to rs. 21,62,785, the second represented the amount of the proposed dividend of rs. 5,83,188 and the third related to over-provision in sundries amounting to rs. 11,341. the total of all ..... at the rate appropriate to a company.' the same view was taken by their lordships of the judicial committee in maharajah of pithapuram v. commissioner of income-tax. lord thankerton in delivering the judgment of the board made these observations at page 22 : 'it should be remembered that the indian income-tax act of 1922, as amended from time to time, forms a .....
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