Court : Gujarat
Reported in : (1997)3GLR2322; (2000)IIILLJ1673Guj
..... mentioned in the order within 15 days of the receipt of the order failing which it was stated that the said amount will be recovered as arrears under section 8 of the said act. the amount which the petitioner is called upon to pay is also specifically mentioned in the order and it works out to rs. 87,515/-. the ..... exist or any two of the three unity exist, and other circumstances and facts are pointer to the conclusion that the establishments are in fact being run, managed, controlled, financed by the same management in the same building with the same furniture, fixtures and with the same compound, it would not be possible for the court to run away ..... straw board ., v. straw board ., reported in (1974-i-llj-499) (sc), wherein the question was one of closure of an establishment under section 25-a read with section 25-fff of the industrial disputes act, 1947. the question before the apex court was as to whether the two units would constitute one establishment or not. it was in the context .....
Tag this Judgment!Court : Gujarat
Reported in : (1998)1GLR542
..... reservation in favour of scheduled castes, scheduled tribes, backward classes and women. in exercise of powers conferred by sub-section (1) of section 277 read with sub-section (3) of section 33 of the gujarat municipalities act, 1963, the government of gujarat has made rules known as 'the gujarat municipalities (reservation of s.c., s. ..... the competent authority. however, whether the election of the president can be challenged before the authority by way of election petition under section 14 of the gujarat municipalities act, which deals with the determination of the validity of election of councillors, is a question which was argued at length before me, ..... elected as a member of jambusar nagarpalika during the last election from a seat reserved for candidates belonging to backward class. by the constitution 74th amendment act, 1992, article 243-t is inserted in the constitution providing for reservation of seats for scheduled castes, scheduled tribes etc. pursuant to the constitutional .....
Tag this Judgment!Court : Gujarat
Reported in : 1998(98)ELT14(Guj); (1998)1GLR317; 2006[2]STR228; [2007]6STT254
r.a. mehta, a.c.j.1. the petitioner, an advertising agency challenges the vires of the provisions of sections 65(16)(d) and 66(2) of the chapter v of finance act, 1994 as amended. by these provisions, a service tax is imposed on advertising service. the challenge is based upon articles 14, 19(1)(a) and 265 of the ..... constitution of india. 2. section 65(16)(d) defines 'taxable service' to mean .... any service provided to a client by an ..... advertising agency in relation to advertisements in any manner. section 66 is the charging section which provides that there shall be charged a service tax at the rate of 5% of the value of the taxable service. section 67 provides for valuation of taxable service for charging the service tax and clause (d) provides .....
Tag this Judgment!Court : Gujarat
Reported in : 1999ACJ268
..... rejected. in fairness to the learned counsel, it must be stated that he has taken this court to the various provisions of chapter x of the said act and section 144 clinches the issue in favour of the claimant and against the owner, not leaving any doubt in the mind of this court about the interpretation placed ..... case of injury, the person injured would ordinarily prefer to file a petition for compensation. one would always prefer to receive entire compensation receivable under section 166 of the said act and one would not be content with receiving only interim compensation under no fault liability. in the present case also, the opponent injured person did ..... and legal representatives of the deceased person are not rendered to helpless or destitute situation of even not receiving any medical aid or treatment in absence of the finances. the legislature, in fact, intended that for immediate medical aid as well as for enabling the heirs and legal representatives of the deceased to meet with .....
Tag this Judgment!Court : Gujarat
Reported in : (1998)2GLR1222
..... from page 16 onwards.19. copy of the complaint is at pages 40 to 50. it is for offence under section 73 read with section 123 of the companies act. the complaint for offences under different sections of indian penal code has been read on the agreed position between the parties and it is produced at pages 40 to ..... on 22nd january 1996 the despatch of all share certificates, refund orders, justation brokerage cheques and cancelled stockinvest to all investors/brokers including stockinvest applicants of m-touch finance ltd. and we have also despatched allotment advice on 22-1-1996 to n.r.i. allottees and the share certificates to n.r.i., allottees will ..... consider the same in the case of prafullakumar khara and anr. v. emperor reported in : air1943cal40 . the division bench of the calcutta high court, while interpreting section 197, has held that the certificate contemplated therein must be such that it should by some provision of law be admissible in evidence as such certificate without proof. .....
Tag this Judgment!Court : Gujarat
Reported in : (1997)3GLR279
..... of lease and if the term does not exceed one year, registration is not necessary, but if the term exceeds one year, registration is necessary not under sec. 107 t.p. act but under the registration act. for some time, there were conflicting decisions on the point whether a writing is a rent note or a lease, but the conflicting situation is now ..... the first instance or capable of being ascertain with certainty afterwards so that both the time when it begins and the time when it ends is fixed. as per sec. 110, t.p. act if commencement is not made certain the lease begins from the day of execution. a mere general letting i.e., a lease which is silent as to duration ..... both parties. when the agreement vests in the lessee a right of possession for a certain time it operates as a conveyance or transfer and is a lease. section 105 t.p. act defines a lease as a partial transfer namely a transfer of a right of enjoyment for a certain time. an agreement to lease is not a lease because the .....
Tag this Judgment!Court : Gujarat
Reported in : [1999]96CompCas841(Guj)
..... petition, the court may have regard to the wishes of creditors and contributories, and may, if expedient, direct meetings to be summoned to ascertain such wishes (insolvency act, section 195). if the company is solvent, the wishes of contributories, as the persons chiefly interested in the assets, carry most weight; if the company is insolvent, the ..... policy keeping in view the commercial morality, and is justified by a large number of precedents from this court. without encumbering with number, reference may be made to navjivan trading finance pvt. ltd., in re [1978] 48 comp cas 402 (guj) m. p. thakkar j., as high lordship then was, emphasised (page 416) : 'winding ..... february 26, 1997. the amount of indebtedness was not disputed. but on account of financial difficulty, as arising out of delayed disbursement of release of promised finance by the other financial institution, six months' time was sought for repayment of the loan. it was also pointed out in the reply letter that the entire .....
Tag this Judgment!Court : Gujarat
Reported in : (1999)1GLR399
..... of the supreme court in writ petition no. 89 of 1982 and quash the prosecutions initiated against vegetable vendors in various complaints registered under sections 102 and 117 of the bombay police act. in the misc. criminal application no. 2875 of 1987, prayer is made to quash the warrants of arrests issued against the members of ..... various metropolitan courts.7. it is to be noted that the offences registered against these vendors are for alleged obstruction in a street, under sections 102 and 117 of the bombay police act. the offence is punishable by imposing a fine of upto hundred rupees, the exact amount being totally within the discretion of the magistrate. ..... such cases, sewa shall be entitled to defend the cases of its vendors who are illiterate and unable to defend themselves. if more than five offences under sections 102 and 117 are registered against the same vendor, the magistrate shall examine and determine whether the vendor is being victimised by any authority.9. the vendors .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1998Guj108; (1998)2GLR1072
..... the societies under various heads and it further says that said classification made by him would be final. that would be clear from the following provisions of section 12 of the said act :'12. classification of societies. the registrar may classify all societies in such manner, and into such classes, as he thinks fit; and the classification of ..... and they have no force of law. no doubt in sca no. 7616 of 1997 filed by defia seva sahakari mandli ltd. v. director agricultural marketing & rural finance, the learned additional government pleader had made a statement that the authorised officer will prepare the list of voters without being influenced by the circular dated 25-9-1997 ..... manifest that the list of voters has to be prepared as a first step in the direction of holding election for the constitution of a market committee under section 11 of the act. prima facie, therefore, the preparation of list of voters is a step in the direction of holding of elections so far as the scheme of the .....
Tag this Judgment!Court : Gujarat
Reported in : (1999)2GLR995
..... taken place keeping the petitioner completely in dark. the question is whether this course of action is permissible to a state government while disposing of the land under section 23(4) of the act.26. it is also relevant to note that whereas in the recommendations of the district land committee, one vechanvera society was recommended for 9,000 sq. mts ..... at a throw-away price but at a rate three and a half times more than in other areas after obtaining the views of the financial adviser and the finance ministry, there are other factors which stand in the way of accepting their further contention that the allotment of land had been done in a fair and just manner ..... land (which was to be allotted), was less than rs. 25 lacs, a committee was constituted to take the final decision under the chairmanship of the secretary of the finance department. clause 11 of the resolution provided that wherever the price of the concerned land was above rs. 25 lacs, the permission of the cabinet will have to be .....
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