Court : Gujarat
Decided on : Jan-16-2006
Reported in : [2006]132CompCas606(Guj); [2006]71SCL274(Guj)
..... with regard to matters enumerated in section 529. that was also the view taken by a full bench of the allahabad high court in hansraj v. official liquidators, dehra dun mussoorie electric tramway co. ltd. : air1929all353 . a similar view was taken by the oudh chief court in b. anand behari lal v. dinshaw and co. ..... up as a body corporate. it is now a statutory corporation constituted by and under the oil and natural gas commission act (central act 43 of 1959, hereinafter referred to as the act). the act provides for the establishment of a commission sfor the development of petroleum and petroleum products produced by it and for matters connected ..... in winding up of insolvent companies, section 529a which provides overriding preferential payments.3.12 the learned counsel has relied on the provisions of the provincial insolvency act, 1920, particularly section 2(e) which provides definition of secured creditors which deals with section 45 in part iii administration of property, method of proof .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-20-2006
Reported in : (2006)2GLR952
..... distinctions in the following words :- 18. even if a transaction has been made completely in accordance with the rules, it may, nevertheless, be an act of favouritism tainted with corruption or dishonesty. less deserving parties could be deliberately preferred over more deserving parties in such transactions. it is not difficult ..... any pending inquiry, investigation or other proceeding in relation to that accident, meaning thereby after the appointment of a commission of inquiry under the coi act, the railway administration or its officers cannot commence any inquiry or investigation.12. having perused the pleadings and heard the learned counsel, we find ..... inquiry is appointed. - notwithstanding anything contained in the foregoing provisions of this chapter, where a commission of inquiry is appointed under the commissions of inquiry act, 1952 (3 of 1952), to inquire into an accident, any inquiry, investigation or other proceeding pending in relation to that accident shall not be proceeded .....
Tag this Judgment!Court : Gujarat
Decided on : Apr-20-2006
Reported in : AIR2006Guj212; (2006)3GLR2362
..... have been sanctioned by the government of gujarat under sub-clause (ii) of clause (a) of sub-section (1) of section 17 of the gujarat town planning act and the same are published in the official gazette vide corrigendum notification dated 8th october 2002, notification dated 20th february 2004 and corrigendum dated 15th april 2004. as ..... him that the petitioners' action is illegal as the placing of the hoardings in the margin lands without permission is contrary to gdcr and is contrary to the act, and that there is no equity attached to the petitioners' case as even hoardings have been put up in a highhanded manner without obtaining permission and flouting ..... during the pendency of the aforesaid special civil application, the respondent no. 1 caused to issue chain of notices purportedly under section 37 of the gujarat town planning act. the aforesaid special civil application no. 20035 of 2005 with special civil applications no. 22042 of 2005 to 22053 of 2005 came to be heard by the learned .....
Tag this Judgment!Court : Gujarat
Decided on : Nov-15-2006
Reported in : (2007)1GLR886
..... trust and it has been incorporated or constituted for some public purpose and it would be entitled to certain benefits flowing from the bombay public trust act or from any other act which provides further reliefs to the public trust.8. section 3(1)(d) cannot be applied in air. for its application, it needs a ..... it was submitted by the present petitioner before the competent authority/a.l.t. that they are a trust registered under the provisions of the bombay public trust act, they have large number of cattle with them, the land in dispute is grass land where grass grows naturally, therefore, it could not be deemed to be ..... petition under article 227 of the constitution of india, whereunder the petitioner claiming to be a public charitable trust, registered under the provisions of the bombay public trusts act, proposes to challenge the order passed by the competent authority/agricultural lands tribunal, order passed by the appellate authority and the revenue tribunal in revision.3. short .....
Tag this Judgment!Court : Gujarat
Decided on : Jan-09-2006
Reported in : 2006CriLJ3180; (2006)3GLR2043
..... the prospectus as filing of the prospectus with the sebi does not, however, absolve the bank from any liabilities under section 63 or 68 of the companies act, 1956. he has further submitted that surprisingly sbi capital markets limited, the lead manager and m/s. wadia ghandy & co., the advocates and solicitors, ..... anandjiwala further submitted that the complainant is defaulter and therefore, appropriate actions under the provisions of securitization and reconstruction of financial assets & enforcement of security interest act, 2002 have been taken against the complainant. the bank was forced to do so as huge amounts are due and recoverable from the complainant. it is ..... vadodara. since the present petitioners / original accused are of the view that the complainant has failed to disclose commission of any offence and as the very act of the complainant in lodging such a false, frivolous and vexatious complaint is a gross abuse of process of law, the present petitioners / original accused .....
Tag this Judgment!Court : Gujarat
Decided on : May-01-2006
Reported in : [2007]80SCL44(Guj)
..... the board for industrial and financial reconstruction (hereinafter referred to as 'the bifr') as envisaged by section 15 of the sick industrial companies (special provisions) act, 1985 ('the act of 1985'). the bifr has been seized of the matter and is inquiring into the working of the company. pending the said inquiry, no recovery proceeding ..... bank has, therefore, approached the debt recovery tribunal (hereinafter referred to as 'the tribunal') under the recovery of debts due to banks and financial institutions act, 1993 ('the act of 1993'). the bank has filed original application no. 199/2001 for recovery of a sum of rs. 6,67,51,922 from the company and ..... bank') in issuing notice for remittance of its dues under section 13(2) of the securitization and reconstruction of financial assets and enforcement of security interest act, 2002 ('the act of 2002').2. it is not in dispute that the bank had advanced financial assistance to one norris medicines limited ('the company') to the extent of .....
Tag this Judgment!Court : Gujarat
Decided on : Sep-12-2006
Reported in : AIR2007Guj5; (2007)1GLR859(GJ)
..... of the father which is independent income of the wife, sufficient for support and to meet the necessary expenses for proceedings. by amendment in the hindu succession act, 1956, oppression and negation of fundamental right or equality are removed, the respondent wife has acquired equal rights in movable and immovable properties of father. ..... that, the impugned order is illegal because reason is given that, the documents are relating to family business. by the recent amendments in the hindu succession act, 1956, a uniform and comprehensive system of inheritance is established in favour of the respondent wife. by these amendments discrimination on ground of gender is also ..... during pendency of hmp no. 341 of 2005 moved an application for maintenance pendente lite under the provisions of section 24 of the hindu marriage act, 1955 (the marriage act). the applicant herein has already submitted his reply and his objections to the said application. the present application came to be moved by the .....
Tag this Judgment!Court : Gujarat
Decided on : Feb-03-2006
Reported in : [2006(110)FLR171]; (2006)2GLR1420
..... the constitution of india. 16. he has thereafter submitted that the petitioners ought to have exhausted equally efficacious alternatively statutory remedy available under the provisions of the id act. he has submitted that whenever there is any equally efficacious alternative statutory remedy available to a litigant, the litigant must, first of all, exhaust such a remedy ..... , legal and proper. he has also submitted that if the petitioners desire to challenge the orders of retrenchment by having recourse to the provisions of the id act, the trust would not raise any objection about the maintainability of their cases before the labour court.12. it has been thereafter submitted by him that, in ..... learned advocate shri shukla appearing for the trust that the petitioners ought to have approached the labour court under the provisions of the id act. he has fairly submitted that though in the orders, whereby the petitioners were retrenched from service, it has been stated that the provisions of the id .....
Tag this Judgment!Court : Gujarat
Decided on : Oct-10-2006
Reported in : (2007)1GLR213
..... -playing field so as to obviate any chance of discrimination. when there is a reduction in the effective rate of sales-tax under the gujarat sales-tax act, automatically there will be corresponding reduction in the maximum rate of entry tax prescribed in the schedule so that the goods brought from outside the state are ..... anr. v. state of maharashtra and ors. : (1995)1scc351 and has submitted that a similar provision under maharashtra tax on entry of motor vehicles into local areas act, 1987, was challenged before the hon'ble supreme court and the constitutionality and validity of the similar type of legislation has been upheld by the hon'ble supreme ..... 226 of the constitution of india, petitioner seeks to challenge the provisions of gujarat tax on entry of specified goods for the local areas act, 2001 (entry tax act) [hereinafter referred to as 'the act'] as ultra vires the constitution of india being violative of articles 301 and 304 of the constitution of india. the petitioner also seeks .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-31-2006
Reported in : (2006)2GLR1707
..... do seem to recognize a distinction. the jurisdiction to punish misconduct falling short of insulting or disruptive behaviour is a delicate one. not every act of discourtesy amounts to contempt. indeed the only justification for punishing disrespectful behaviour which does not otherwise interrupt proceedings is where it is considered to ..... is apparent that the contempt proceedings initiated against the present appellant are of civil nature and they are governed by the provisions of section 14(1) of the act, whereas the proceedings initiated against the printer, the publisher and the editor of gujarat vaibhav ' ahmedabad, rajasthan patrika ' ahmedabad, dainik bhaskar ' ahmedabad and ..... with such proceedings with attendant consequences, namely, proceedings initiated would have title of the appellant's application under section 14(2) of the act and the appellant would be dragged in all proceedings arising therefrom and that persons to whom notices are ordered to be issued would become parties .....
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