Court : Gujarat
Decided on : Feb-28-2007
Reported in : (2008)1GLR392
..... criminal procedure while examining the prayer for quashing the complaint, which had been filed by the borrowers, complainant alleging that the petitioner finance company had vilotated provisions of the bombay money lenders act 1946. the petitioner finance company had taken up a ground that in view of the provisions of section 2(9)(g) of the money lenders ..... of term sloan defined in the bombay money lenders act 1946 so as to attract the applicability of the bombay money lenders act 1946. this court has in case of sundaram finance limited (sfl) (supra) considered the provisions of section 2(9)(g) of the bombay money lenders act 1946 in a proceedings under section 482 of the code ..... this court's attention to the decision in case of sundaram finance limted (sfl) and ors. v. state of gujarat and ors. reported in 2006 (2) glh 362 in support of his contention that, when the provisions of money lending act are excluded by the very same act non production of money lenders' license in itself would not .....
Tag this Judgment!Court : Gujarat
Decided on : Feb-28-2007
Reported in : (2007)212CTR(Guj)195
..... deducted as per provisions of chapter xvii b i.e. under section. 195 of 11 act. under section 195, the tds is to be made as per rates in force i.e. first schedule of the finance act. as per first schedule of finance act, the tds on royalty payment in case of a domestic company, where the royalty agreement ..... parallel proceedings'. admittedly, there is no bar under the provisions for parallel proceedings in consequence of notice under section 148 and notice under section 263 of the act. after issuance of notice under section 148, the assessing officer himself can pass a fresh assessment order and under section 263 if the original assessment order of ..... the assessing officer is erroneous and prejudicial to the interest of revenue, he can revise that order. both the authorities are empowered under different provisions of the act, though both have to see that the income escaped in the original assessment should be taxed. 18. in commissioner of income tax, bhopal v. ralson industries ltd .....
Tag this Judgment!Court : Gujarat
Decided on : Oct-18-2007
Reported in : (2008)1GLR736
..... that the employees of geb at the relevant time were agitating for appropriate benefits and wage revision and therefore one man committee was formed consisting of the then finance minister who was in fact required to go into larger issues with regard to the financial burden that would have affected the geb being under the control ..... through their unions and the management of the then gujarat electricity board which is now been represented by its successors under section 2(p) of the industrial disputes act, 1947.2. as both these petitions involve identical challenge and the respondents are the same, these matters were heard together and are being disposed of by this ..... in respect of wage revision and it was not in fact an arbitration proceeding stricto senso. the then finance minister's recommendations had a salutary effect in arriving at the settlement under section 2(p) of the industrial disputes act. the settlement as it is stated herein above was executed on 5/4/1993. the settlement was .....
Tag this Judgment!Court : Gujarat
Decided on : Aug-14-2007
Reported in : AIR2007Guj198; (2008)2GLR921
..... india, dungarpur branch, taluka district junagadh for a loan of rs. 9,80,000/- for the purchase of air compressors, drilling rods and other accessories under agricultural finance scheme. upon being granted the said financial facility, the parties had entered into an agreement through an instrument termed as 'simple mortgage deed'. the said instrument was ..... govt. of gujarat hereby remits with effect on and from the 1st april, 1979 in the whole of the state of gujarat, the duty chargeable under the said act, on instructions, whether attested or not, in respect of transactions, relating to loans and advances, loans and mortgages, cash credit or overdraft bonds, agreements of pawn ..... remission under government notification dated 23.3.1979; or whether the said instrument is liable to bear stamp duty under article 36 of schedule-i to the act read with notification dated 2.7.1970? to appreciate the controversy it is necessary to reproduce notification dated 23.3.1979 which reads as under:in .....
Tag this Judgment!Court : Gujarat
Decided on : Oct-05-2007
Reported in : AIR2008Guj29; 2008(1)ARBLR624(Gujarat); (2008)1GLR525
..... not arise before the hon'ble supreme court. so far as decisions of bombay high court in the case of vastu invest & holdings private limited v. gujarat lease financing limited and in the case of esteem mercantile pvt. ltd. v. k.h. parekh and anr. (supra) are concerned, these decisions are in respect of seeking ..... the same on merit after, affording opportunity to the respondent. in that case, the insurance company filed arbitration petition under section 34 of the arbitration and conciliation act, 1996 in the high court of judicature at bombay and the said petition was dismissed for want of jurisdiction and the insurance company thereafter filed fresh petition ..... district judge has misread and misconstrued the provisions of law. the learned judge has failed to appreciate that provisions contained under section 34(3) of the act are applicable only to the filing of objection petition against the order/award of the arbitrator which does not apply to the details provided subsequently by any .....
Tag this Judgment!Court : Gujarat
Decided on : Oct-23-2007
Reported in : 2008CriLJ1461
..... be a continuing offence. mr. a.p. desai, the learned addl. public prosecutor, invited my attention to the decision in the case of united savings and finance co. pvt. ltd. v. the deputy chief officer, reserve bank of india, reported by his lordship manojkumar mukharjee j. of the calcutta high court, which ..... the view that there must be harmony in the law, especially the law which mainly has application through out the country like essential commodities act, drugs control act, food adulteration act or law related to fertilizers, etc. we have federal structure but the harmonized legal finding would help the litigants, business personnel and various companies ..... in the category of continuing offence. the apex court was dealing with a case where the prosecution was instituted under employees' provident fund and miscellaneous provisions act, 1952, where the employer had failed in paying the contribution to the provident fund within 15 days. the apex court has observed that the continuing offence .....
Tag this Judgment!Court : Gujarat
Decided on : Apr-23-2007
Reported in : (2009)22VST569(Guj)
..... decision.20. in british physical lab. india ltd. v. state of karnataka and anr. (supra), notifications under section 8a of karnataka sales tax act prescribing preferential rates of concession for dealers of locally manufactured television sets and components, were issued. those notifications were quashed by the high court. thereupon, ..... each stage of manufacturing commencing from diaszotization 1st coupling tetrazo, 2nd coupling, 3rd coupling, isolation, slurry preparation and spray drying. section 15b of the act provides that purchase tax will be levied upon the goods, which have been used by a dealer within the state as 'raw material' or ' ..... announced premier unit scheme for incentive under the industrial policy 1995-2000 whereas the finance department issued resolutions dated july 19, 1996 and july 24, 1997, announcing the corresponding incentive scheme under the gujarat sales tax act, 1969. the petitioner has claimed that it received provisional premier registration certificate on .....
Tag this Judgment!Court : Gujarat
Decided on : Jul-12-2007
Reported in : AIR2007Guj188; (2007)3GLR2349
..... a security when the creditor loses such security, or without consent of the surety parts with such security. however, as held by the apex court in the case of industrial finance corporation of india ltd. v. cannanore spinning and weaving mills ltd. and ors. : [2002]2scr1093 32. in reference to the second limb of section 141, in particular ..... . the petitioners have failed to lead any evidence which would show what was the duty of the creditor which the creditor failed to perform, or that the creditor acted in a manner, which resulted in the petitioners losing the eventual remedy against the borrower. nothing has been brought on record to show what was the eventual remedy ..... to the petitioners, the security which was available with creditor bank had been lost and hence, in terms of provisions of sections 139 and 141 of the indian contract act, 1872 the petitioners, as sureties, were required to be discharged. it was submitted by mr.jani that the board of nominees has failed to record a specific .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-02-2007
Reported in : (2007)3GLR2597
..... detail convincing reasons. when the court otherwise is competent to reduce punishment than the minimum prescribed, then whether this is a case where the court should act in reformative manner and exercise powers vested with the court under the provisions of section 360 of the code of criminal procedure, is the question.15. ..... the apex court has decided to modify the sentence. the court was dealing with a case of selling food articles without licence under prevention of food adulteration act. the allegation against the accused was that he was found selling articles of food without licence. alongwith other aspects the apex court considered the point of ..... reducing the substantive punishment imposed by the trial court, this court should think whether the appellant-accused can be given the benefit of probation of offenders act under the provisions of section 360 and 361 of the code of criminal procedure, because though minimum punishment is prescribed for the offence held proved against the .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-01-2007
Reported in : [2007]138CompCas204(Guj); [2007]79SCL47(Guj)
..... increase in industry capacity altogether. the adverse profitability situation also has its genesis in delayed execution of the project resulting out of the delayed project financing as well as increase in interest rates, which the company was compelled to absorb. as a standalone, the first generation entrepreneurial company, core could ..... or arrangement is to be provided to the creditors and members, while section 394 deals with the provisions for facilitating reconstruction and amalgamation of companies act. 17. though details of pleadings, objections and their replies have already been summarized above, but parties have submitted their written arguments and the court ..... the rights of such ;bank or financial institution shall vest in such company in relation to such financial assets.[3] unless otherwise expressly provided by this act, all contracts, deeds, bonds, agreements, powers-of-attorney, grants of legal representation, permissions, approvals, consents or no-objections under any law or .....
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