Court : Gujarat
Decided on : Sep-11-1979
Reported in : AIR1980Guj119; (1980)0GLR177
..... of an industrial undertaking which generates energy for its own use, ten years from the date of the commencement of the bombay electricity duty (gujarat second amendment) act, 1961 (hereinafter referred to as 'the commencement date') or the date of starting the generation of such energy, whichever is later;(b) in the case of ..... may, 1960 which has commenced production after may 1, 1960.7. learned counsel for the plaintiff-company called our attention to the amendment introduced by gujarat act no. 20 of 1968 whereby a transformation has taken place in regard to the exemption clause embodied in section 3. it appears that the relevant provision has ..... the aforesaid unit under the very same licence issued in favour of the bharatkhand textiles in the context of the relevant provisions of industries (development and regulations) act of 1951 without obtaining a new licence after the purchase (see ex. 161).(4) no manufacturing or productive unit which was not manufacturing or producing goods prior .....
Tag this Judgment!Court : Gujarat
Decided on : Nov-15-1979
Reported in : [1981]47STC212(Guj)
..... the ways of business. the general belief is that taking advantage of the ignorance and illiteracy of the farmers, businessmen exploit them. to avoid such exploitation, the act authorised the formation of co-operative societies of the farmers through which they can sell their goods. those societies merely function as agents for the farmers who are ..... of the co-operative movement. this elimination, it proposes to bring about by the consumers or the producers themselves performing the necessary services. a multi-purpose society acts as an agent for the sale of farm produce and other products of rural industry of its members and members of other societies, and a joint farming ..... and the society being the collective agent of all its members. though the definition of 'producer society' which was set out in the bombay co-operative societies act, 1925, no longer applies, the concept behind that classification of a producer society has been borne in mind by us but it cannot be overlooked that the .....
Tag this Judgment!Court : Gujarat
Decided on : Jul-16-1979
Reported in : [1980]50CompCas7(Guj)
..... the scheme proposed in company application no. 251 of 1979 is conditional upon the approval of the central govt. under the monopolies and restrictive trade practices act, 1969. it is not unlikely that a scheme which might be proposed hereafter might also have such pre-conditions. two of the schemes which are already ..... was made, the three applicants herein have proposed their respective schemes of amalgamation, arrangement and compromise. there is one more application under section 391(1) of the act, namely, company application no. 173 of 1979 in company petition no. 9 of 1979 wherein the applicant has proposed the scheme of arrangement and compromise between ..... has become necessary to consider two questions : first, whether a time limit should be fixed for entertaining hereafter any application under section 391(1) of the act which might be made by any party who is interested in proposing a 'scheme of amalgamation, arrangement and compromise between the company, its members and creditors .....
Tag this Judgment!Court : Gujarat
Decided on : Oct-01-1979
Reported in : AIR1980Guj126; (1980)GLR335(GJ)
..... koli hasur sona) v. shah somalal mathuradas, (1967) 8 guj lr 297. it was a case under the bombay merged territories and areas (jagirs abolition) act, 1953 (bombay.-act no. xxxtx of 1954). the principle which has been laid down by mr. justice n. g. shelat, sitting singly, is that when a question whether ..... provision in that behalf, to have its own jurisdiction decided by an executive officers who perform ~ quasi-judicial functions between two private individuals under the said act. we cannot deny to the civil court its inherent jurisdiction to decide the question relating to its own jurisdiction, particularly am a case where its jurisdiction ..... otherwise and thought of including in the said expression application made by defendants or judgment-debtors in suits or execution proceedings raising the defence under the said act, the legislature would have conferred exclusive jurisdiction upon the debt settlement officer to decide questions arising both under ss. 11 and 12 irrespective of where they .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-08-1979
Reported in : AIR1980Guj6; (1979)2GLR38
..... agricultural credit in the market area with the exception of the co-operative marketing society as defined in clause (v) of s. 2 of the act for the obvious reason that such co-operative marketing societies are given a separate representation. any co-operative society dispensing agricultural credit in the market area ..... mr. zaveri in this connection submitted that the paramount idea of establishing the market committee and as a matter of bet in enacting the agricultural produce markets act, 1963, was to regulate buying and selling of agricultural produce so that the down trodden agriculturists were not exploited to great economic detriment , of theirs by ..... to exclude from the list of voters- of the agriculturists' constituency, members of the managing committee of those co-operative societies, which held licence under the act and to include the members of the unmaking committees of those societies into the list no. 3 regarding the co-operative marking societies and exclude representatives of .....
Tag this Judgment!Court : Gujarat
Decided on : Jul-27-1979
Reported in : AIR1980Guj165; (1980)0GLR232
..... case of immoveable property only a declaration is necessary.'therefore, in the view of the calcutta high court, transfer contemplated by section 6 of the trusts act not only includes a sale, mortgage, lease, exchange and gift but also includes a vesting declaration. therefore, what a person does by creating a trust ..... . section 122 of the transfer for property act, defines 'gift' in the following terms:'gift' is the transfer of certain existing- moveable or immoveable property made voluntarily and without consideration, by one person, ..... jurisdiction of the charity commissioner to decide whether particular properties are public trust proper-a ties or not is not excluded by section 85 of the tenancy act and, therefore, he decided the question correctly and with jurisdiction. 5. the first two contentions raised by mrs, mehta can be conveniently dealt with together .....
Tag this Judgment!Court : Gujarat
Decided on : Oct-17-1979
Reported in : AIR1980Guj110
..... the tin divided family in a dwelling house, he does it, with full awareness that having regard to the provision contained in section of the transfer of property act he will not be entitled to joint possession or common enjoyment of the house. he must be attributed with notice in this behalf having regard to the express ..... none of the aforesaid three dimensions of the matter, namely, the frustration of the object, the perspective from the standpoint of section 44 of the transfer of property act and the peculiar nature of the partition suit was highlighted before the court. so also the interpretation of the expression 'to sue' occurring in section 4 was not ..... through gangadhar, a member of the original family, after the partition decree was passed, applications were made by the 2nd defendant under section 4 of the partition act, asking the execution court to take action under that section with regard to the shares of the plaintiff and the 3rd defendant.the lower court granted the application .....
Tag this Judgment!Court : Gujarat
Decided on : Aug-02-1979
Reported in : AIR1980Guj142
..... breach of this rule.10. rule 7 would apply only in a case in which there is a main road designated as such , under section 77 of the motor vehicles act. there is no evidence on record to suggest that the road between maninagar railway station and bal vatika was designated as a main road, as such, rule 7, therefore, cannot ..... from the material on record of , this case. mr. pandya relies on, three of the rules of the road which are contained in the 10th schedule to the motor vehicles act, 1939. rule 1 enjoins upon the driver of a motor vehicle to drive the vehicle as close to the left hand side of the road as may be expedient and .....
Tag this Judgment!Court : Gujarat
Decided on : Nov-15-1979
Reported in : AIR1980Guj89; (1980)1GLR103
..... . did not decide corectly when it held that a notice is essential for bringing to an end the relationship of landlord and tenant under the madhya pradesh rent act, 1955. the full bench thereafter dissented and distinguished its decision in manujendra dutt v. rurendu prosid rny chowdhry. : [1967]1scr475 , which, was a case ..... claim that the 'sanctity' of contract cannot be touched by legislation, it,is therefore necessary to examine the provisions of the madhya pradesh accommodation control act, 1961 to find out whether the respondents' predecessors in interest retained a heritable interest in the disputed premises even after the termination of their tenancy.'the ..... 1) before reaching the aforesaid conclusions. in its opinion~ the question of habitability of tenancy assumed considerable importance after the advent of the rent restrictions acts to ward off the hardships and inconveniences to which an evicted tenant is exposed due to acute shortage of accommodation in urban and semi-urban areas .....
Tag this Judgment!Court : Gujarat
Decided on : Jan-24-1979
Reported in : 1979CENCUS145D; 1979(4)ELT181(Guj); (1979)0GLR944
..... the court in england was whether enhancing the sweetness of sachharin already in existance amounted to manufacture of sachharin within the meaning of the finance act, 1901 and the revenue act, 1903. it was held by the court that manufacture of sachharin meant bringing into being as sachharin. the appellants before the court subjected a ..... central- excise rules, the central govt. had exempted unprocessed cotton fabrics falling under sub-item (2) of item 19 of the first schedule of the act, manufactured fabrics commonly known as powerloom cloth without finishing or processing, if the installation of such powerloom was with the writtem permission of the textile commissioner, ..... no statutory remedy for obtaining refund of that amout was available to them. therefore, the provision of sub-section (1) of section 27 of the customs act, 1962 have no application to the instant case. next, these petitions, as shown hereinabove, were filed by the petitioners within the time within which they could .....
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