Court : Gujarat
Decided on : Feb-02-2006
Reported in : (2006)2GLR1615
..... it shall have to be referred to the registrar by an aggrieved party and registrar is having jurisdiction to decide disputes under section 96 of the societies act, 1961. section 96 of the act is reproduced as under:section 96. disputes.(1) notwithstanding anything contained in any other law for the time being in force, any dispute touching the ..... applicable to the particular facts proved, or assumed to be proved, since the generality of the expressions which may be found there is not intended to be explosion of the whole law, but governed and qualified by the particular facts of the case in which such expressions are to be found. it would, therefore ..... having any control over the society. these parameters, disputes between employees and society relating to service condition is clearly out side the scope of section 96 of the act, therefore, section 160 is required to be kept in mind while considering the question of jurisdiction, power and authority of registrar to decide legality and validity .....
Tag this Judgment!Court : Gujarat
Decided on : Feb-20-2006
Reported in : (2006)2GLR1432
ORDER IN SCA Nos. 8117 of 2005 & 8118 of 2005.33. Though all the three matters are heard together, as far as main judgment is concerned, I have considered the facts of Special Civil Application No. 8116 of 2005 and I have given detailed reasons and disposed of the said matter. The other two matters i.e. Special Civil Application Nos. 8117 & 8118 of 2005 are also identical and raising same challenge. In view of the reasonings and conclusion in the main judgment, these two petitions i.e. Special Civil Application No. 8117 of 2005 and 8118 of 2005 are also disposed of accordingly. Rule is discharged to the aforesaid extent in both the petition with no order as to costs....
Tag this Judgment!Court : Gujarat
Decided on : Dec-28-2006
Reported in : 2007CriLJ1584; (2007)2GLR1165
..... (d), 25(1)(aa), 25(1)(b)(c)(f) of arms act, sections 4(b), 5 and 6 of the explosive substances act, 1908, section 3 of criminal law amendment act, sections 3 and 6 of indian passport rules (entry into india), section 13(2) of foreigners act amended section 14 and section 6(1-a) of indian wireless and telegraphic act.2. the accused nos. 1, 3, 4 and 5 were ..... )(b)(c)(f) of arms act, sections 4(b), 5 and 6 of explosive substances act, 1908, section 3 of criminal law amendment act, sections 3 and 6 of indian passport rules (entry into india), section 13(2) of foreigners act amended section 14 and section 6(1-a) of indian wireless and telegraphic act. however, they were acquitted for the offence under section 489(a) read with section 34 of the indian penal .....
Tag this Judgment!Court : Gujarat
Decided on : Jan-09-2006
Reported in : [2006(110)FLR674]
..... occasions, that the proceedings should not be terminated prematurely. if the reference is rejected, the conciliation officer has to record the reasons for that under section 12(5) of the act. however, while making the reference, it is not necessary to record any reason. merely because the reasons are not recorded while making the reference ..... attractive though the contention is, we regret, we are unable to accept the same. it is now well settled that, while exercising power under section 10(1) of the act, the function of the appropriate government is an administrative function and not a judicial or quasi judicial function, and that in performing this administrative ..... if it was a judicial or quasi-judicial order. he has further submitted that the court further held that the order made by appropriate government under section 10 of the act being administrative order, no lis is involved as such and an order is made on the subjective satisfaction of the government. he, therefore, submitted .....
Tag this Judgment!Court : Gujarat
Decided on : Jan-09-2006
Reported in : (2006)202CTR(Guj)393; [2006]282ITR503(Guj)
..... , therefore, in view of the directions of the central board of direct taxes, the commissioner of income-tax could not have exercised revisional powers under section 263 of the act. nothing has been pointed out to dislodge the aforesaid findings of the tribunal.7. the commissioner of income-tax, being bound by the directions of the ..... the revenue, initiated proceedings under section 263 of the act. vide order dated march 26, 1990, the commissioner of income-tax held that the assessment order was erroneous and prejudicial to the interests of the revenue, ..... though served, there is no appearance on behalf of the respondent-assessee.4. the facts stated briefly are that the assessing officer had made assessment under section 143(1) of the act on march 8, 1988. the commissioner of income-tax, being of the view that the said order was erroneous and prejudicial to the interests of .....
Tag this Judgment!Court : Gujarat
Decided on : Jan-09-2006
Reported in : (2006)201CTR(Guj)312; [2006]282ITR568(Guj)
..... its order dated 27/8/1992, concurred with the findings recorded by commissioner (appeals), to hold that the assessee was entitled to relief both under section 80hh and section 80i of the act. according to tribunal, the commissioner (appeals) had rightly relied upon the decision of the allahabad high court in the case of commissioner of income ..... kharwar & sons (supra), this court was called upon to decide whether the assessee therein was an industrial undertaking while determining the claim of relief under section 80j of the act. it has been laid down at page 401 of the reports:the question which we have to consider is whether the undertaking of the assessee is ..... tax, agra v. mubarakali khan, : [1980]123itr101(all) . in relation to the additional reason given by the assessing officer relating to the claim under section 80i of the act, the commissioner (appeals) observed that, on one hand, the assessing officer himself had recorded that the assessee did not have any plant and machinery, and on .....
Tag this Judgment!Court : Gujarat
Decided on : Jan-10-2006
Reported in : (2006)5CompLJ99(Guj)
..... grounds or circumstances to refuse to grant approval to the scheme of amalgamation. on going through the scheme, it appears that the requirements of the provisions of sections 391 to 394 of the companies act, 1956 are satisfied. the scheme is genuine and bona fide and in the interest of shareholders and creditors of the petitioner company. i, therefore, accordingly, allow this .....
Tag this Judgment!Court : Gujarat
Decided on : Jan-10-2006
Reported in : [2006(110)FLR166]; (2006)1GLR803
Jayant Patel, J.1. Mr. Pujara, learned Counsel for the petitioners seeks leave to delete respondent No.4 as the action of respondent No.4 is not challenged. Permission granted. Rule. Mr. Desai, learned AGP waives service of Rule for Respondents No. 1 and 2 and Mr. Munshaw, learned Counsel waives service of Rule for Respondent No. 3 and with the consent of both the sides matters are finally heard today.2. In all the petitions common questions are involved and, therefore, they are being dealt with by this common order.3. The petitioners have preferred these petition to quash and set aside the action of the respondent in denying the benefits of inter-district transfer to the petitioners from Dang District to Valsad on the ground that the petitioners concerned have availed the benefits of inter-district transfer in the past prior to the Government Resolutions dated 8.4.1999 and 4.6.2004. The petitioners have also prayed to declare that the benefit of inter-district transfer cannot be denie...
Tag this Judgment!Court : Gujarat
Decided on : Jan-12-2006
Reported in : 2006(198)ELT169(Guj); 2008[9]STR426
..... appeal or appeals as ordered by the president on the administrative side. this becomes clear from a conjoint reading of sub-sections (1) and (4) of section 129c of the act. sub-section (5) of section 129c of the act stands out in contrast and does not permit disposal of the appeal. in fact, after the president or the third ..... the original bench. before the third member took up the hearing, the petitioners moved an application seeking rectification of mistake on 29/9/2005 under section 129b(2) of the act. while the application for rectification was pending, the reference came up for hearing before the third member on 10/10/2005. the petitioner requested for ..... by the petitioners while member (technical) rejected the appeal. thereupon both of them made reference stated to be in terms of provisions of section 129c(5) of the customs act, 1961 (the act). the order making the so called reference reads as under:the following difference of opinion is placed before the hon'ble president for reference .....
Tag this Judgment!Court : Gujarat
Decided on : Jan-12-2006
Reported in : (2006)2GLR1194
..... jurisdiction, power and authority to reach a finding of fact or conclusion. but that finding must be based on some evidence. neither the technical rules of evidence act nor of proof of fact or evidence as defined therein, apply to disciplinary proceeding. when the authority accepts that evidence and conclusion receives support therefrom, the disciplinary ..... authority is entitled to hold that the delinquent officer is guilty of the charge. the court/tribunal in its power of judicial review does not act as appellate authority to reappreciate the evidence and to arrive at the own independent findings on the evidence. the court/tribunal may interfere where the authority held ..... explanation of the respondent that rs. 40/- in the form of rs. 20 notes might have slipped away was not accepted and was attributed to be a negligent act on his part by the appellate authority. similarly, there is not an iota of evidence of misappropriation of rs. 40/- by the respondent, when the train was .....
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