Court : Gujarat
Decided on : Oct-07-1994
Reported in : [1996]87CompCas658(Guj)
..... the properties to the purchaser. 21. the liquidator contested the application, inter alia, on the ground that section 529 as amended and section 529a inserted into the companies act by central act no. 35 of 1985 conferred on the official liquidator alone, the right to realise the workmen's dues by selling assets of the company wound up, even if ..... cas 324 (ker). the question, therefore, arises is, what is the effect of the insertion of the proviso to sections 529(1) and 529a in the companies act, 1956, by act no. 56 of 1985 on the status of the secured creditor as it existed heretobefore. 8. it will be appropriate here to refer to the relevant provisions of the ..... principle laid down in the aforesaid decision cannot be made applicable now in view of the amendments made in section 529 and insertion of section 529a of the companies act, vide act no. 35 of 1985. it was not disputed that prior to the aforesaid amendment, which resulted in creation of a pari passu charge on the security of the .....
Tag this Judgment!Court : Gujarat
Decided on : Apr-07-1994
Reported in : [1998]92CompCas692(Guj); (1995)2GLR1619
..... be reduced and reorganised. such reduction and/or reorganisation of the share capital is without following the special procedure prescribed by sections 100 to 107 of the companies act and that by such reduction the applicant-society wants to usurp the assets of the mill company. in para. 30 of the affidavit-in-reply filed by the ..... 1, gujarat kamdar sahakari mandal ltd., is a registered co-operative society under the provisions of the co-operative societies act, and applicants nos. 2 and 3 are the workers of the company in liquidation. it is their case that as workmen they are entitled to receive their dues, ..... have taken out a judge's summons for directions to convene meetings of the members, creditors and the employees of the company in liquidation under section 391 of the companies act, 1956. affidavit in support of the summons is filed. 2. from the averments made in the affidavit in support of the summons it becomes clear that applicant no. .....
Tag this Judgment!Court : Gujarat
Decided on : Aug-19-1994
Reported in : AIR1995Guj54; (1994)2GLR1564
..... fact, filed under article 226 of theconstitution of india, seeking ah appropriatewrit, direction or order, for quashing theorder of the urban land tribunal tindersection 33 of the act.7. in jashubhai hiralal gandhi's case (1990 (2) guj lh 609) (supra), the division bench was concerned with the same question as to whether ..... settled legal position, petition challenging legality andvalidity of order passed by the urban landtribunal in appeal under section 33 of theurban land (ceiling and regulation) act,1976 is in substance and in essence a petitionunder article 227 of the constitution of india.....'the division bench was, thus, of the opinion that whatever ..... that the appellate authority exercises judicial functions. respondent no. 3-urban land tribunal was the appellate authority, constituted under the provisions of section 33 of the act, and it had passed the order, after hearing the parties and after recording reasons therein, dismssing the appeal of the appellant on 28th december, 1988, .....
Tag this Judgment!Court : Gujarat
Decided on : Jan-28-1994
Reported in : AIR1995Guj118; (1994)2GLR456
..... could safely be concluded that the provisions of section 49 contain sufficient and appropriate guidelines and define the jurisdictional area within which the competent authority could act while taking an action for removal of a member or office holder of the panchayat. in short, the procedure prescribed in section 49 is statutory, ..... the disctrict panchayat of panchmahals district passed the impugned order by passing a unanimous resolution on october 21, 1991 under section 49(1) of the panchayat act, whereby imposing penalty of removal and resultant disqualification from the membership of the gram panchayat upon the petitioner which is under challenge in this petition.6 ..... whom proceedings came to be initiated; for his removal on account of various complaints, under the provision of section 49 of the gujarat panchayats act, 1961 (the panchayat act' for short). it appears that the petitioner has wrongly mentioned in the petition that he is removed from the membership of the panchmahals jilla .....
Tag this Judgment!Court : Gujarat
Decided on : Nov-14-1994
Reported in : [1995]84CompCas230(Guj)
..... prohibited cannot brazen-facedly and shamelessly after committing blatant contravention of the order state to the court that despite the court's order he has acted to the contrary. he submitted that acceptance of the ratio decidendi of the aforesaid decisions of the courts of law in substance would amount to ..... therefore, the agreement was not enforceable. the terms and conditions of the alleged family arrangement of 1979, more particularly the suggestion v thereof, were firstly, not acted upon and, secondly, to such a family arrangement the present company - mil or other companies - were not parties. thirdly, the enforcement of the alleged family ..... to the scheme of amalgamation of mafatlal fine spinning and . (hereinafter referred to as 'mfl' for brevity), the transferor company under section 391(2) of the companies act, 1956. * * * * 2. the transferor company, mfl, is proposed to be amalgamated with the petitioner company under the following circumstances and for the following reasons .....
Tag this Judgment!Court : Gujarat
Decided on : Jan-24-1994
Reported in : (1995)1GLR734
..... discharged by he prosecution. it was in this background that the meaning to be given to the words 'be permitted to enter' appearing in section 36(3) of the act was required to be considered. in that light what was ruled by the apex court in the above case was as excerpted hereinabove. 9. the learned sessions judge placed reliance ..... . under such circumstances the learned sessions judge came to the conclusion that the prosecution failed to bring home the guilt of the accused persons under section 36(5) of the act. 6. in this acquittal appeal it is the submission of mr. m. a. bukhari, learned a.p.p. for the state that when an accident of the nature ..... together and disposed of by a common judgment by the learned trial magistrate. 5. the fate of this acquittal appeal rests upon the interpretation of section 36(5) of the act. the learned sessions judge, however, recorded a finding of fact to the effect that a contractor was in-charge of the boiler cleaning work and the two labourers were .....
Tag this Judgment!Court : Gujarat
Decided on : Aug-10-1994
Reported in : (1997)3GLR1891
..... company filed a writ application in the high court of nagpur attacking the order refusing the permit on the ground inter alia that the tribunal had acted on a police report which was produced at the time of hearing without giving the petitioner sufficient opportunity to meet it and had thereby violated the rules ..... departmental authorities and administrative tribunals must be careful in evaluating such material and should not glibly swallow what is strictly speaking not relevant under the indian evidence act. for this proposition, it is not necessary to cite decisions nor text books, although we have been taken through case law and other authorities by counsels ..... the supreme court has observed as under : 'it is well settled that in a domestic enquiry the strict and sophisticated rules of evidence under the indian evidence act may not apply. all materials which are logically probative for a prudent mind are permissible. there is no allergy to hearsay evidence provided it has reasonable nexus .....
Tag this Judgment!Court : Gujarat
Decided on : Jul-01-1994
Reported in : (1995)1GLR73; (1995)ILLJ1224Guj
..... given to the employees after fixation of minimum rates of wages, the respondent state has proceeded beyond the provinces of law as warranted under the minimum wages act. such existing perquisites or facilities cannot be termed as minimum wages. such perquisites and/or facilities cannot be the subject matter to be regulated by the provisions ..... owners to penal consequences. some of the bakery owners would be also giving interest free loans. since the non-compliance with the notification under the minimum wages act leads to penal consequences it was incumbent on the part of the respondent to give precise meaning of the phrase 'perquisites or facilities'. any failure to ..... labour, industry, etc. the said committee formulated the proposals and advised the state government. pursuant to the report of the committee under section 5(2) of the act, the state government published a notification dated 27-3-1983, which is produced at annexure a to this petition. clause (7) of the explanation to the .....
Tag this Judgment!Court : Gujarat
Decided on : Feb-02-1994
Reported in : AIR1994Guj145
..... no. 2, it was done prior to 15th june 1955, that is, the 'appointed day' for the purposes of the bombay tenancy and agricultural lands act, 1948 ('the act' for brief). shri dave for the petitioners submits that it was done after 15th june 1955. the contesting parties are not at variance that its actual possession ..... . such tenants or their successors-in-interest as are mentioned in the aforesaid statutory provision can be protected with respect to their statutory rights flowing from the act by the authority named therein by initiating the suo motu proceeding in that regard. in its ruling in the case of rasulmiya rahmanmiya v. patel lalbhai shankerbhai ..... with respect to the consequential relief flowing therefrom mainly on the ground that no application for restoration of its possession was moved under section 29 of the act within the prescribed period. this part of the tribunal's decision at annexure a to this petition has aggrieved the petitioners and they have therefore voiced their .....
Tag this Judgment!Court : Gujarat
Decided on : Jun-16-1994
Reported in : [2001]103CompCas1041(Guj); (1995)1GLR673
..... and scope of section 372 of the companies act, 1956 if yes, what is its effect at the present stage ?34. for this purpose, learned counsel mr. chinoy relied upon the resolution dated november 27 ..... it may depend upon other resolutions or other documentary evidence which may be brought on record by the parties.iii. violation of section 372 of the companies act :33. the next question which requires consideration is whether the arrangement to purchase shares of ccgl by the sccil through its subsidiaries is inconsistent with the ambit ..... in these appeals is whether injunction granted by the learned single judge should be continued till the company petition filed under sections 397 and 398 of the companies act, 1956, is decided. the hearing of the application for grant or refusal of an injunction pending the hearing of the main matter would not normally take much .....
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