Court : Gujarat
Decided on : Apr-19-2006
Reported in : (2006)2GLR1683
..... police station, ahmedabad which was registered as i cr no. 5/2005 for the offences punishable under sections 292, 294, 295, 420 of i.p. code as well as under sections 5 and 9 of the immoral traffic (prevention) act, 1956. the complaint lodged by swami dharmaprasaddas was investigated and some of the accused were arrested. the ..... videographing sexual acts. on the basis of this complaint offence was registered as i ..... persons for alleged commission of the offences punishable under sections 153a, 153b, 294, 295a, 120b of the i.p. code and under sections 5a, 5b and 9 of the immoral traffic(prevention) act, 1956 alleging that sadhus of swaminarayan temple and gurukul by their illicit sexual acts have defamed the whole religion and exploited women by .....
Tag this Judgment!Court : Gujarat
Decided on : Apr-20-2006
Reported in : [2007]135CompCas352(Guj); [2007]78SCL274(Guj)
..... functions so as to realize the properties of the company and satisfy its liabilities and distribute the surplus, if any, as per the provisions of the act. provisions of section 531, 531a and 536 amongst others, are for enabling the official liquidator to discharge his duties effectively. the argument that the admission by the company ..... kind of transaction between piramal and prarthana. there was no registered loan agreement existing and the companies had not complied with the provisions of the companies act, whereby under section 125 they are required to fill up form no. 17 to register charge over the securities which amount to notice of transaction in respect of the ..... entitled to the direction that the instruments are valid. 5.22 relying upon the aforesaid judgment, the learned counsel submitted that, in terms of section 11 of the contract act, no valid contract could be executed by the company under restraint order from alienating the property in question. in view of the aforesaid, the .....
Tag this Judgment!Court : Gujarat
Decided on : Apr-21-2006
Reported in : (2007)212CTR(Guj)271
..... of biren nandish trust from the income of the assessee?[2] whether, the appellate tribunal is right in law and on facts in holding that the provisions of section 60 of the income tax act cannot be invoked.2. the assessment year is 1983-84 and the corresponding accounting period is samvat year 2038.3. heard mr.manish r. bhatt, the learned ..... h.n. devani, j.1. the income tax appellate tribunal, ahmedabad bench sa has referred the following two questions under section 256(1) of the income tax act, 1961 (the act) at the instance of commissioner of income tax.[1] whether, the appellate tribunal is right in law and on facts in directing the income tax officer to exclude 50% share .....
Tag this Judgment!Court : Gujarat
Decided on : Apr-24-2006
Reported in : II(2007)ACC638; (2006)3GLR1960
..... motor vehicle to be driven in any public at a speed exceeding the maximum speed or below the minimum speed fixed for the vehicle under the act. sub-section (2) of the act empowers the state government or any authority authorized in this behalf by the state government, if satisfied that it is necessary to restrict the speed of ..... on highways at night without parking lights on.4.7. the state shall direct the concerned authorities, including the police authorities, to see that the provisions of section 129 of the act, with regard to wearing of head gears [helmets] are strictly enforced. it may not be possible for the state to implement the said provision immediately, as ..... in respect of two-wheelers which are driven on highways. we see no reason for not enforcing the said provisions even in the city/town limits because section 129 of the act does not provide that the said provisions should be made applicable only to those who are driving two wheelers on highways. we, therefore, direct the .....
Tag this Judgment!Court : Gujarat
Decided on : Apr-24-2006
Reported in : 2008[11]STR428
ORDERD.A. Mehta, J.1. The facts are not in dispute that issue regarding valuation of goods were pending before the Tribunal in appeal filed by the Department. The Tribunal has decided the appeal without giving opportunity of hearing to the assessee and without service of the notice on the assessee-petitioner. Nowhere in the reply to the petition, respondent has stated that service is effected. Even a letter was written by the assessee to the Registrar of the Tribunal at Mumbai. He also did not say that notice has been served, he simply said that notice was sent.2. In view of the above, we set aside the impugned order and remit the matter with a direction to decide the appeal after opportunity of hearing given to the petitioner.3. Counsel for the petitioner also brought to our notice that on 12-9-2005 this Court has directed him to deposit an amount of Rs. 10,000/- to show his bona fide, and that amount was deposited. Now he prays that the said amount be refunded. Considering the above,...
Tag this Judgment!Court : Gujarat
Decided on : Apr-26-2006
Reported in : (2006)3GLR2168; 2006(33)PTC68(Guj)
..... the additional district judges, the same shall be deemed to discharge the same function as if discharge by the district judges.18. i have also to consider the section 134 of the act that there is restriction to institute a suit in a court inferior to the district court, and in the instant matter certainly the institution has been in the ..... the high court for the aid of district judge. further, it is a matter of consideration that the word sany court inferior to a district court used in section 134 of the act is meant the court inferior to a district court in the administrative matter or inferior to a district court in respect of the exercise of judicial powers. in ..... and passing off action and fast track court has no jurisdiction to hear and try the suit for infringement of trade mark and passing off action.8. relying upon section 134 of the act it was submitted that any judgment or order which may be passed by the fast track court, may be, ultimately, of no consequences as the said court .....
Tag this Judgment!Court : Gujarat
Decided on : Apr-29-2006
Reported in : (2007)1GLR20
..... of the elections (including preparation of list of voters.)22. in exercise of the powers conferred by section 168 read with sub-section (2) of section 145g, sub-section (4) of section 145u and section 145y of the act, the government of gujarat has framed rules called the gujarat specified co-operative societies elections to committees rules ..... laid down by or under that chapter. the government of gujarat has in the exercise of powers under section 168 read with sub-section (2) of section 145g, sub-section (4) of section 145u and section 145y of the act, framed rules called the gujarat specified co-operative societies elections to committees rules, 1982 (hereinafter referred to ..... 1982, hence, thereafter, the election rules of the respondent union ceased to exist. that the election officer has disregarded the provisions of section 74c of the act. that despite the fact that it is mandatory to conduct the election of the members of the managing committee of specified societies in accordance .....
Tag this Judgment!Court : Gujarat
Decided on : May-01-2006
Reported in : AIR2007Guj126; [2007]139CompCas359(Guj); [2007]79SCL570(Guj)
..... to multiplicity of the proceedings. thai would also raise various other questions like what should happen to an order of attachment if made under sub-section (15) of section 19 of the act of 1993. moment the application is permitted to be withdrawn, such order made pending the application would cease to operate. in that case, would ..... does not provide for consequences either in case of withdrawal of the pending application or in case of non-withdrawal of such application. further, sub-section (10) of section 13 of the act of 2002 provides that, '....where dues of the secured creditor are not fully satisfied with the sale proceeds of the secured assets, the secured ..... fibres and fabrics ltd. : (2003)2glr1392 .5. it is not in dispute that the company has made a reference to the bifr under the act of 1985. section 22 of the act of 1985 provides for suspension of legal proceedings, contracts, etc. pending any inquiry or preparation of a scheme or during implementation of the sanctioned scheme in .....
Tag this Judgment!Court : Gujarat
Decided on : May-01-2006
Reported in : [2007]80SCL44(Guj)
..... to multiplicity of the proceedings. that would also raise various other questions like what should happen to an order of attachment if made under sub-section (15) of section 19 of the act of 1993. moment the application is permitted to be withdrawn, such order made pending the application would cease to operate. in that case, would ..... not provide for consequences either in case of withdrawal of the pending application or in case of non-withdrawal of such application. further, sub-section (10) of section 13 of the act of 2002 provides that,where dues of the secured creditor are not fully satisfied with the sale proceeds of the secured assets, the secured creditor ..... be dismissed in limine.5. it is not in dispute that the borrower norris medicines limited has made a reference to the bifr under the act of 1985. section 22 of the act of 1985 provides for suspension of legal proceedings, contracts, etc., pending any inquiry or preparation of a scheme or during implementation of the sanctioned .....
Tag this Judgment!Court : Gujarat
Decided on : May-01-2006
Reported in : AIR2006Guj190; (2006)3GLR1944
..... premises but to the person viz. a separate legal entity. it is necessary to take note of the definition of the term sperson which is defined by section 2(49) of the act to include any company or body corporate or association or body of individuals, whether incorporated or not, or artificial juridical person. 11. similarly, regulations 4.8 ..... respect of supply which was made to the said person. section 56 of the act does not talk of any premises neglecting to pay any charge for electricity. in fact premises cannot be a consumer and, therefore, the stand of the ..... that supply means sale of electricity to a consumer. the definition does not talk of supply of electricity to the premises. 8. when one proceeds to read section 56 of the act in the aforesaid backdrop, it is apparent that supply of electric power can be dis-connected where any person neglects to pay any charge for electricity in .....
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