Court : Gujarat
Reported in : AIR2000Guj123; (2000)1GLR827
..... nagar or one gram is constituted the administrator appointed for the nagar or as the case may be, new gram may deal with such proceedings and dispose them of; (k) all prosecutions instituted by or on behalf of and all suits or other legal proceedings instituted by or against the dissolved panchayat or any officer thereof and pending at the said date shall be continued by or against the panchayat of the nagar or new gram by, on behalf of or against which they would have been instituted had ..... the state government in such manner as it maydirect and until other provision is made in accordance with this act, they shall receive salaries and allowances and be subject to the conditions of service to which they were entitled or subject on the said date; (j) all proceedings (including appeals) pending at the said date before the dissolved panchayat shall be deemed to be transferred to and continued by the panchayat of the nagar or one gram before which they would have been ..... (1) when by a notification under sub-section (2) of section 9 the limits of any gram or nagar are altered so as to- (a) include any area therein (b) exclude any area therefrom the state government may, notwithstanding anything contained in this act or any other law for the time being in force, by order published in the official gazette, provide for all or any of the. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR2005Guj66; (2005)2GLR1202
..... sub-section (1) of section 69 of the electricity (supply) act, 1948 ( 54 of 1948) shall continue to have effect until such rules are rescinded or modified, as the case may be; (e) all directives issued, before the commencement of this act, by a state government under the enactments specified in the schedule shall continue to apply for the period for which such directions were issued ..... article which (has been or is being) used for unauthorised use of electricity; (c) examine or seize any books or account or documents which in his opinion shall be useful for or relevant to, any proceedings in respect of the offence under sub-section (1) and allow the person from whose custody such books of account or documents are seized to make copies thereof or take extracts therefrom in his presence.section 185 ..... (c) without prejudice to the rights of the licensee to initiate legal proceedings against any person found to be committing any of the malpractices mentioned above, the licensee shall be ..... --------------------------------------------------------(b) without prejudice to the licensee's rights to initiate legal proceedings against any consumer or person found to be committing any of the offences mentioned under sub-item (a) above, the licensee shall be entitled to disconnect the supply of a consumer or ..... (c) no suit or other legal proceeding shall lie in any civil court against the recovery of charge or other sum due as arrears of land revenue unless the person from whom such charge or sum .....
Tag this Judgment!Court : Gujarat
Reported in : [2009]90SCL1(Guj)
..... mean the right to seek relief by means of legal proceedings. ..... power to transfer its lease hold rights as the same were already mortgaged with the bank and that the said transfer was violative of provisions of section 293(1)(a) of the companies act, 1956 and that the documents under which the said rights are transferred was unregistered document and that though the property was situated at ahmedabad, the respondent company was registered at calcutta ..... of the lease, the lessee is bound to put the lessor into possession of the property, and held that on a conjoint reading of section 108(q) read with section 111(a) of the transfer of property act, it becomes obvious that under the law, the erstwhile landlord is entitled to base his cause of action on the statutory obligation of the erstwhile lessee on determination of the lease to put the lessor in possession of ..... andhra pradesh : air1996sc140 , it is held that on the expiry of the period of lease, the erstwhile lessee continues in possession because of the law of land, namely, that the original landlord cannot physically throw out such a ..... thakore submitted that on the expiry of the period of lease, the erstwhile tenant who continues in possession, in the absence of being a tenant holding over, has to be treated as a tenant at sufferance whose right of occupation arises not from the erstwhile contract which is dead and ..... to be treated as a tenant at sufferance akin to a trespasser having no independent right to continue in possession. .....
Tag this Judgment!Court : Gujarat
Reported in : [1977]107ITR214(Guj)
..... , failure without reasonable cause to furnish the return in question is an ingredient of the offence; (2) section 271(1)(a) provides for penalty in cases where the assessee has either acted deliberately in defiance of law or was guilty of conduct contumacious or dishonest, or acted in conscious disregard of this obligation; (3) the legal burden in on the department to establish by leading some evidence that, prima facie, the assessee has without reasonable cause failed to furnish the furnish the return within the time ..... union of india : [1970]77itr107(sc) said that penalty is not a continuation of assessment proceedings and that penalty partakes of the character of additional tax.' 12. ..... , delivering the judgment of the supreme court, has observed in connection with the burden of proof at page 70 : 'the next question is that when proceedings under section 28 are penal in character what would be the nature of the burden upon the department for establishing that the assessee is liable to payment of penalty. ..... in view of these clear pronouncements of the supreme court, there is no doubt whatsoever that though penalty contemplated by section 271(1)(a) and other sections in chapter xxi of the income-tax act, 1961, can be imposed by income-tax officers as distinguished from regular criminal courts, the penalty proceedings before the income-tax authorities are quasi-criminal proceedings and they provide for offences which can be dealt with by the departmental authorities. 13. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1973Guj110; (1972)GLR81
..... shah vehemently argued that the saurashtra act of 1951 was replete by this gujarat act 57 of 1963 and at that time the repealing section 51 in terms provided in the second proviso that any such investigation, legal proceeding or remedy may be continued, instituted or enforced and any such penalty, forfeiture and punishment may be imposed, as if the aforesaid law had not ..... reason of the conduct of the tenant, who land sublet the whole or a part of the premises and had transferred his interest and had not used the premises without any reasonable cause for a continuous period of six months immediately proceeding the date of the suit and also on the ground that the tenant had acquired vacant possession of a suitable residence. ..... division bench in terms pointed out that considering the scheme of section 108(h) of the transfer of property act which entitled the tenant, on the determination of the tenancy, to remove, at any time whilst he is in possession of the premises, all things which he has attached to the earth, it was obvious that when the transfer of property act created this prohibition under section 108(p) it contemplated permanent structures which would not be easily removable and the ..... kept in mind, that by the amendment, section 2-a was added extending para ii of the gujarat rent act to those areas of the saurashtra area of the state of gujarat to which part ii of the saurashtra rent control act, 1951, extended immediately before this gujarat amendment on december 31, 1963. .....
Tag this Judgment!Court : Gujarat
Reported in : [2009]147CompCas243(Guj)
..... payable by an assessee has been determined or quantified its realization from a company in liquidation is governed by the act because the income tax payable also being a debt has to rank pari passu with other debts due from the company does not mean that the assessment proceeding for computing the amount of tax must be held to be such other legal proceeding as can only be started or continued with the leave of the liquidation court under section 446 of the ..... determination of excess land of the company in liquidation and vesting of such excess land in state government and consequently taking possession after due notice and intimation to the official liquidator does not mean that such proceedings must be held to be such other legal proceedings as can only be started or continued with the leave of the company court under section 446 of the act. ..... leave of the court will generally be necessary in respect of any proceeding against a company in liquidation if the proceeding itself is directed against the estate or effects of the company, if the proceedings be such as not to affect by itself the assets and properties of the company in liquidation and are of such a nature which the court is not in a position to entertain or dispose of such proceedings cannot be considered to be included within 'other legal proceedings' and leave of the court will not be necessary for the commencement or continuation of such proceeding.25. .....
Tag this Judgment!Court : Gujarat
Reported in : (2002)3GLR624
..... prudent person could have reached a just conclusion that there were sufficient grounds in proceeding against the accused or where there is an express legal bar engrafted in any provisions of the code or any other statute to the institution and continuance of the criminal proceedings or where a criminal proceeding is manifestly actuated with mala fide and has been initiated maliciously with the ulterior ..... legal bar engrafted in any of the provisions of the code or the concerned act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/ or where there is a specific provision in the code or the concerned act, ..... , which runs as under :- '1.01 appointment of security agent and trusteesthe facility agent and the lenders hereby appoint and constitute the industrial credit and investment corporation of india limited to act as agent and security trustees for the securities created/to be created by the company in favour of the security agent and trustees on the mortgaged premises, for the purposes and in ..... whether criminal proceedings should be allowed to be continued or the same should be quashed, two aspects are to be satisfied : (1) whether the uncontroverted allegations, as made in the complaint, prima facie establish the offence, and (2) whether it is expedient and in the interest of justice to permit a prosecution to continue.24.6 in central ..... proceedings can be instituted along with civil litigation and they both can be continued .....
Tag this Judgment!Court : Gujarat
Reported in : (2005)2GLR1266
..... in this regard he relied upon clause 23(b) of part i of the conditions which reads as under:'(b) without prejudice to the licensee'srights to initiate legal proceedings against anyconsumer or person found to be committing any ofthe offences mentioned under sub-item (a) above,the licensee shall be entitled to disconnect thesupply of a consumer or person and to recoverfrom him such charges as are assessed by thelicensee as provided ..... date of commencement of this act, unless any other period is specified, at the request of the licensee-the respondent company, by the appropriate commission.in the present case, there is nothing ..... , and the provisionsof the repealed laws or such act specified in theschedule in respect of such licence shall applyfor a period of one year from the date ofcommencement of this act or such earlier periodas may be specified, at the request of thelicensee, by the appropriate commission andthereafter the provisions of this act shall applyto such business from the aforesaid the position emerges that, the provisions of repealed law were to continue to apply, for a period of one year, from the .....
Tag this Judgment!Court : Gujarat
Reported in : AIR2006Guj157
..... if we apply the test as laid down by this court in the abovesaid judgment to the facts of the case in hand, it can be seen that the statute under section 11 of the act requires the board to undertake various activities to regulate the business of the securities market which requires constant and continuing supervision including investigation and instituting legal proceedings against the offending traders, whereever necessary. ..... any such licence or written permission is suspended or revoked, or when the period for which the same was granted has expired, the person to whom the same was granted shall, for all purposes of this act, be deemed to be without a licence or written permission, until the commissioner's order for suspending or revoking the licence or written permission is cancelled by him or until the licence or written permission is renewed, as the case may be:provided that, ..... showing the names of the article or of its manufacturer or of both, and;(ii) is made by lighting which is not, in the opinion of the commissioner, more than is necessary to make the goods and labels visible at night].21.3 section 386 of the act provides for general provisions regarding grant, suspension or revocation of licences and written permissions and levy of fee etc. ..... on the other hand broadly stated, the stand of the corporation is that the corporation has legal authority to collect the fees for permitting the private property owners to exhibit advertisements on hoardings situated on their sites .....
Tag this Judgment!Court : Gujarat
Reported in : [1993]199ITR17(Guj)
..... ' 37 of the gujarat co-operative societies act, 1961, provides that a society, on its registration, shall be a body corporate by the name under which it is registered, with perpetual succession and a common seal and with power to acquire, hold and dispose of property, to enter into contracts, to institute and defend suits and other legal proceedings, and to do all such things as are necessary for the purpose for which it is constituted. ..... contention of the assessee-society that these presents were given to the members to keep them in good humour as it was an occasion of celebration of the silver jubilee of the assessee-society and in order to see that these members continue to supply their cotton for the purpose of ginning and pressing to the assessee-society and for getting in marketed through it, this type of presents were found necessary for augmenting and maintaining the business prospects ..... assessee-company had to maintain good relations and by keeping the representatives of the foreign collaborators in good humour, the work of the assessee-company vis-a-vis the foreign collaborators would be smoothened considerably, it was clearly an act of good management and good managership to generate goodwill and such goodwill would help and was bound to help the assessee-company in keeping good relations with the employees of the foreign collaborators working smoothly ..... in reply, the assessee submitted that the society was registered in the year 1948. .....
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