Court : Gujarat
Reported in : (1982)1GLR395
..... . the court would be denying to it-self the power to do good to all concerned without any detriment to any individual or collective interest. chapter v of the companies act deals with arbitration, compromises, arrangements and reconstructions. the very birth of sections 391 and 392 has a purpose. these provisions have been designed with ..... december 1975 under the til scheme whereas under the nddb scheme all permanent employees were to be paid full salary from 1st november 1975 to 31st december 1978 and others were to receive gratuity. the offer underwent an upward revision only after the workers there attended to vote against the scheme at the til meeting ..... majority, remained unsanctioned. the learned company judge, who was seized of the matter at the relevant time, issued appropriate directions in company petition no. 9 of 1978 filed by nddb for calling the meetings of the shareholders, creditors and workers in order to consider the scheme sponsored by the nddb. strangely enough the equity .....
Tag this Judgment!Court : Gujarat
Reported in : [1982]51STC88(Guj)
..... fabrics. we are of the opinion that having regard to the enlarged definition of the term 'cotton fabrics' in item 19 as effected by the finance act, 1969, as well as by the amending act of 1980, tarpaulins must be held to be cotton fabrics. if that is the correct classification, and we have no doubt in our mind about ..... the first schedule that there is a reference to, 'textile fabrics' and textile articles, 'of a kind commonly used in machinery or plant' and clause (4) of that chapter provides that this expression shall be taken to apply inter alia to 'woven textile felts ...... of a kind commonly used in paper-making or other machinery ......' this reference in a ..... 'rayon fabrics' to include rayon tyre cord fabrics. after referring to the earlier decision of the said court in porritts and spencer (asia) ltd. v. state of haryana [1978] 42 stc 433 (sc), it was ruled as under at pages 260-261. 'on a comprehensive consideration of the material before us, there is no escape from the conclusion .....
Tag this Judgment!Court : Gujarat
Reported in : (1982)28CTR(Guj)148; [1983]139ITR628(Guj)
..... of the case, the tribunal was right in holding that the land bearing survey no. 538 sold by the assessee to smrutikunj co-operative housing finance society was an agricultural land and the surplus realised on a sale thereof was not liable to be assessed to capital gains in the assessment of ..... in village chan-atmaram gispur at mithakhali, as revealed ques-patel v. from the record); assessed to land tioncit revenue and actually used for agri- not : [1978]114itr302(guj) cultural purpose; full development ans-in the vicinity. wered.6. cit v. 3 plots in navrangpura-shekhpura-prakash khanpur areas of ahmedabad; landindustries continuously ..... district surat; land surroundedby residential locality; sale : [1979]120itr21(guj) in favour of a co-operativehousing society after obtainingpermission under section 63 of thetenancy act; land not convertedinto non-agricultural use priorto sale and over several yearsused for agricultural purposes;even on the date of sale cropsgrown yes.2. motibhai a portion .....
Tag this Judgment!Court : Gujarat
Reported in : 1988(33)ELT344(Guj); (1982)1GLR738
..... of rule 8 of the central excise rules, 1944, the central government hereby makes the following further amendment in the notification of the government of india in the ministry of finance (deptt. of revenue) no. 206/63, central excise, dated the 30th november, 1963, namely : in the said notification the following explanation shall be inserted at the ..... central government thereby exempts iron or steel products failing under sub-item (ia) of item no. 26aa of the first schedule to the central excises and salt act, 1944 (1 of 1944) made from any of the following materials or combination thereof, namely :- (i) fresh unused re-rollable scrap on which the appropriate ..... as and by way of excise duty on such products. there was an adjudication and an appeal and a revision application to the hierarchy of authorities under the act, and the demand was confirmed. the plaintiff, therefore, prayed that the demand notice should be declared as ultra vires, illegal, void, arbitrary, discriminatory and actuated .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1982Guj129; (1982)1GLR746
..... to issue any direction in respect of the administration or management of the trust properties. section 80 will not be able to step into the picture. this is a special act containing special provisions and special provisions are given a place to meet special requirements and contingencies. so the bar contained in s. 80 will not be attracted when any ..... confirmed to a major extent in the l.p.a. no. 183/73. the scheme is perfect in all details.chapter iii of the said scheme pertains to management of trust properties and for the purpose of management, in chapter iv the constitution of the board of managing trustees is mooted. clause 18 of the said scheme provides that the board ..... was advanced before me in this regard and a reference was invited to s. 283 of the companies act and also to the judgment of this high court in the case of devrajbhai valabhai v. addl. development commr. gujarat state, reported in (1978) 19 guj lr 1013 and also to the judgment of the bombay high court in the case of .....
Tag this Judgment!Court : Gujarat
Reported in : [1984]56CompCas110(Guj); (1982)2GLR363
..... the patel groups holds 4,600 equity shares and 2,500 preference shares of the company., the petitioners belong to the patel group and they claim that their group has financed the working capital of the company by way of deposit to the extent of rs. 15,.00,000., 3. respondent no.2, navnit shivalal bham, was appoinnted a permanennt ..... from any quarter whatsoever. that is why the petitioners in para 10. of the petition contended that the legal effects of s. 314(2)(a) of the act was realised for the first time in 1978. now, as against this contention, the a contentions of the second respondent is that after the deletion of art. 38 and on his ceasing to be ..... with effect from september 25, 1974. according to him, the attempts on the part of the petitioners own to contend that they became aware of the legal position only in 1978 is merely and after though to get rid of the second respondent as the director of the company. admittedly, on january 15, 1977, the second respondent filed a miscellaneous .....
Tag this Judgment!Court : Gujarat
Reported in : (1982)2GLR489; (1983)ILLJ387Guj
..... under :- (i)-(ii) xx xx xx xx (iii) b.c.s.r. 161(1) as amended by government notification, finance department no. g.n. 2 pen-1070/625-j, dated the 28th april, 1970 admits of premature retirement of a gazetted government ..... a look at the concerned rules and the relevant provisions of government circular, ex. 17. rule 161(1)(aa)(1) contained in chapter ix-compulsory retirement of b.c.s.r. reads as under : '161. (1) (a) except as otherwise provided in ..... shows that the board considered the proceedings and the conclusions reached by the recruitment and establishment committee dated 19th october, 1978 and approved the same unanimously. it is therefore obvious that what the review committee recommended was ispo facto and mechanically ..... regarding his non-promotion to a higher post and hence he has approached the industrial tribunal functioning under the industrial disputes act, 1974. ultimately, promotion came to be given to him with effect from september 1, 1973. thereafter, the plaintiff's .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1982Guj198; (1982)2GLR49
..... managing director of the appellant-corporation. on 3rd jan. 1979 a copy of the letter of chandrakant pandya bearing the date 17 oct. 1978 received by the state government was forwarded to the general manager (finance) of the corporation. in the meantime messrs m. m. choksi & company, chartered accountants, issued a certificate regarding the cost of ..... first chairman, the recommendation of the board. the powers and duties of the board have been delineated in chapter iii of the act. section 24 lays down that the board in discharging its functions under the act shall act on business principles due regard being had by it to the interests of industry, commerce and the general public ..... contractual sphere as submitted by the learned advocate general. we have already examined the scheme of the act in the earlier part of the judgment and we have pointed out from the provisions of the act and particularly chapter iii thereof that certain duties and functions are cast on the board, one of them being to .....
Tag this Judgment!Court : Gujarat
Reported in : (1983)32CTR(Guj)141; [1983]140ITR657(Guj)
..... a sum of rs. 3,17,741 accrued to the assessee in the assessment year 1972-73, corresponding to the accounting year 1971-72. reference no. 171 of 1978 pertains to the claim made by the department in respect of the said assessment year. 8. as stated earlier, it is an admitted fact that up to the assessment ..... electricity co., : [1969]3scr836 . the question which the supreme court was required to answer in the said two appeals was whether under the provisions of the electricity (supply) act, as amended in 1956, the assessee was competent to unilaterally enhance the charges. the supreme court, after considering ss. 57 and 57a along with the sixth schedule to the said ..... 23. the learned advocate-general places strong reliance on the decision of the punjab and haryana high court in cit v. ferozepur finance (p.) ltd. . that was a case in which the assessee carried on business of finance and hire purchase. for the assessment year 1969-70 the assessee declared a loss of rs. 2,60,322. the ito noticed .....
Tag this Judgment!Court : Gujarat
Reported in : (1982)32CTR(Guj)263; [1983]142ITR633(Guj)
..... by mr. shelat, the assessee-trust would be an educational institution within the meaning of s. 10(22) of the act. 11. similar view was taken by the allahabad high court in katra education society v. ito : [1978]111itr420(all) . the question before the court in that case was whether a society could, by running an institution, claim ..... exemption under s. 10(22) as the exemption under that provision would apply only to the educational institution as such and not to anyone else who might be financing the running of the institution. the tribunal, however, held that the assessee was an educational institution existing for educational purposes and not for purposes of earning any profit ..... for which the assessee had come into existence was education at the level of college and school and hence it cannot be said that the assessee was only a financing body and did not come within the expression 'other educational institution' in s. 10(22). in the instant case also, the assessee has come into existence .....
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