Court : Gujarat
Decided on : Jan-16-2006
Reported in : [2006]132CompCas606(Guj); [2006]71SCL274(Guj)
..... observing that even on this count ongc cannot be permitted to seek priority over the secured creditors in light of the statutory scheme laid down under sections 529 read with section 529a of the act. even if ongc is to be treated as secured creditor ongc will have to first of all permit a pari passu charge to the extent of ..... of a plaintiff against the assets of the company and even though such a charge may not have been registered under the provisions of section 109 of the indian companies act, 1913 (section 125 of the companies act, 1956). the said charge would be a security in favour of the plaintiff and the plaintiff cannot be treated as a holder of ..... the hon'ble supreme court (coram: s. rajendra babu, dr. a.r. lakshmanan and g.p. mathur, jj) considered its various earlier judgments and also section 529 and section 529a of the companies act and ultimately observed as under: (pages 56-57 of the paper book) (120 com. cases 505 the judgment was delivered on 12.4.2004) (relevant page .....
Tag this Judgment!Court : Gujarat
Decided on : Jan-16-2006
Reported in : (2006)205CTR(Guj)139; [2006]286ITR598(Guj)
..... and capital assets. transfer has been defined, in relation to a capital asset, to include various contingencies stipulated by sub-clauses of section 2(47) of the act. sub-clause (ii) of section 2(47) of the act states that transfer includes the extinguishment of any right therein. that requires assigning meaning to the term therein. in other words, for ..... of any rights in a capital asset. however, even for the purposes of extinguishment of any rights, existence of a capital asset is a must.7. section 2(14) of the act defines capital asset to mean property of any kind held by an assessee. for the present, it is not necessary to refer to the exclusionary clauses. the ..... the contract. therefore, to claim that the assessee was in possession of a right which could be termed to be a capital asset within the meaning of section 2(14) of the act, cannot be accepted and the tribunal was justified in holding that the assessee was not in possession of any capital asset.9. as already seen hereinbefore, .....
Tag this Judgment!Court : Gujarat
Decided on : Jan-17-2006
Reported in : AIR2006Guj78
..... however, mr.joshi for the appellants has vehemently submitted that the aforesaid considerations may be relevant for deciding the application of the vendor trust under section 55 of the act regarding change of purpose on account of failure of the object of the trust for using the property as parsi agiari and dokhma in view of ..... members of the parsi community and to protect the property from encroachments. the joint charity commissioner was, therefore, certainly justified in considering the question under section 36 of the act whether to grant permission to the vendor trust.10. the gravamen of the challenge made by the appellants against the decision of the joint charity ..... has caused the loss of rs. 58 lacs to the vendor trust. it was also contended that while considering the question of granting sanction under section 36 of the act, the intention of the purchaser is immaterial and that the charity commissioner is only concerned with the question of ensuring that the vendor trust gets .....
Tag this Judgment!Court : Gujarat
Decided on : Jan-17-2006
Reported in : [2006]284ITR105(Guj)
..... .8. as can be seen from the facts on record, the tribunal has come to the conclusion that though cit had rightly exercised jurisdiction under section 263 of the act, the evidence on record was insufficient to finally hold that the assessee was not entitled to claim deduction of additional commission. the tribunal, therefore, ..... by the consignee distributors with the assessee. the ao allowed the claim while framing the assessment order.4. the cit, gujarat central, initiated action under section 263 of the act and came to the conclusion that the ao had not made proper inquiries and verified the claim regarding additional commission. according to the cit, the ..... the facts and in the circumstances of the case, the tribunal while deciding the assessee's appeal against the order passed by the learned cit under section 263 of the it act had jurisdiction to direct the ao to make proper investigation and then decide the question of allowability of additional commission in accordance with law (2) .....
Tag this Judgment!Court : Gujarat
Decided on : Jan-18-2006
Reported in : (2006)1GLR758
..... but what is to be evaluated is the need of the society or necessity of reservation. once the procedure as envisaged under the act from section 13 to section 17 of the act of 1976 is complied with, this court will not go in search of further justification of the reservation of the land in question for ..... to invoke judicial activism to set at naught legislative judgment is subversive of the constitutional harmony and comity of instrumentalities. (para 14)looking to section 14 or section 17 of the act, 1976, the area development authority or state government has to consider the objections and suggestions before sending draft development plan to government or before ..... mainly submitted that suggestions and objections invited by the state government under the proviso to clause (ii) of sub-clause (a) of sub-section (1) of section 17 of the act of 1976 have not been supplied to the petitioners. the proposed modification was already published by the state government in the notification dated 17th may .....
Tag this Judgment!Court : Gujarat
Decided on : Jan-18-2006
Reported in : (2006)201CTR(Guj)393; [2006]284ITR172(Guj)
..... made. it was urged that as the provisions of section 145(2) of the act had not been invoked, the assessing officer was not justified in making the addition, much less levying penalty.9. it was submitted that the addition ..... the income-tax officer was not satisfied with the correctness or completeness of the accounts of the assessee that resort could be made to the provisions of section 144 of the act by making best judgment assessment. that, in the facts of the present case, as the book results had been accepted, no best judgment assessment had been ..... of the assessee, the assessing officer held that the assessee had concealed the particulars of income and, accordingly, levied penalty of rs. 30,000/- under section 271(1)(c) of the act. the assessee carried the matter in appeal before the commissioner of income-tax (appeals). the commissioner of income-tax (appeals) observed that the assessee had .....
Tag this Judgment!Court : Gujarat
Decided on : Jan-18-2006
Reported in : (2006)2GLR1186
..... the object of chapter xx-a of the indian penal code.9. the above said decision is rendered within the scope of inherent powers of the high court under section 482 of the code of criminal procedure. true it is that, justice has to be administered according to law, but the ends of justice are higher than the ..... that the present applicant as well as accused no. 2 shardaben and accused no. 3 jyotsnaben were required to be convicted for the offence punishable under section 498-a to read with section 114 of the indian penal code. present applicant husband - original accused no. 1 was sentenced to undergo simple imprisonment of six months and to pay ..... relatives who harass or torture the wife to coerce her or her relatives to satisfy unlawful demands of dowry. the hyper-technical view would the counterproductive and would act against interests of women and against the object for which this provision was added. there is every likelihood that non-exercise of inherent power to quash the proceedings .....
Tag this Judgment!Court : Gujarat
Decided on : Jan-18-2006
Reported in : (2004)3GLR780
ORDERB.J. Shethna, J.1. Heard learned Counsel Shri K.D.Pandya for the appellant.2. When the petition was filed under Article 227 of the Constitution and the learned Judge also exercised his jurisdiction under Article 227 of the Constitution, then no Appeal would lie before this court in view of the Judgment of the Division Bench of this Court in the case of Ishwarbhai Narottambhai Patel v. K.H. Trivedi, reported in XLIV (3) GLR 1878. Hence, on this ground alone Appeal was required to be dismissed. Even if it is held to be maintainable then on merits also it has no case.3. Shri Pandya for the appellant vehemently submitted that when the learned Labour Court has exercised its jurisdiction by setting aside the termination order and reinstating the workman in service with back wages, with punishment of stoppage of three increments, then the learned Single Judge of this Court ought not to have interfered with such discretionary order in his writ jurisdiction. It is true that the Labour Cour...
Tag this Judgment!Court : Gujarat
Decided on : Jan-19-2006
Reported in : [2006]282ITR595(Guj)
..... the findings of the appellate authority cannot be different in nature. therefore also, the tribunal was justified in holding that the order refusing to grant interest under section 214 of the act was an appealable order and the cit(a) was not justified in not entertaining the appeal.8. on merits of the controversy, the tribunal has directed ..... assessment year is 1983-84. while passing order giving effect to the order of the tribunal on 18th aug., 1988, the ao did not grant interest under section 214 of the act, though the order had resulted in refund. the assessee carried the matter in appeal before the cit(a), who dismissed the appeal by holding that 'no ..... in appeal before the tribunal and succeeded. the tribunal accepted the claim of the assessee that an appeal is maintainable under section 246(1)(f) of the act against an order made by the ao under section 154 of the act. the tribunal, for this purpose placed reliance on the bombay high court decision in the case of empire industries ltd .....
Tag this Judgment!Court : Gujarat
Decided on : Jan-19-2006
Reported in : (2006)3GLR2461
..... authority is constituted within whose jurisdiction the principal market yard is situated, one member is to be nominated under clause (iv) of sub-section (1) of section 11 of the said act from amongst its councillors or as the case may be members who do not hold any general licence. when an elected local authority is ..... selling of agricultural produce and the establishment of markets for agricultural produce in the state of gujarat, the said act was enacted. section 11 of the said act provides for constitution of market committee. sub-section (1) of section 11 provides for the members who will constitute the market committee and states that the market committee shall consist of ..... in accordance with the rules for such nomination and therefore finding that the request of the applicant is justified, in exercise of powers under section 11(1)(iv) of the said act, it is resolved to nominate said shri kishorbhai chhaganbhai andipara as a member of the market committee. on the very same day, .....
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