Court : Gujarat
Reported in : [2006]132CompCas606(Guj); [2006]71SCL274(Guj)
..... thereon, does not lose his lien by reason only that he has obtained a decree for the price of the goods.(re: pollock & mulla sale of goods act, 6th edition, chapter 5, page 327 relevant page 342)loss of lien the seller's lien depends upon possession; hence `when the vendor has given the buyer possession under the ..... properties more particularly described in the third schedule attached thereto. it is therefore stated that the first loan and second loan were granted by ifci ltd., under project finance participation scheme in participation with icici bank, idbi ltd., and iibi. all the original documents are in the custody of icici bank and hence icici bank may ..... a court.2.14c it may be noted that the hon'ble supreme court has considered its earlier judgments in the case of uco bank v. official liquidator reported in : (1994)5scc1 ; industrial credit and investment corporation of india ltd. v. srinivas agencies and ors. : [1996]2scr960 ; allahabad bank v. canara bank and anr. : [2000]2scr1102 .....
Tag this Judgment!Court : Gujarat
Reported in : (2006)2GLR925
..... nothing on the record which would indicate that reason to belief formed by pi mr. k. c. chudasama, that the accused had committed offence punishable under chapter v of the act in public place, was arbitrary, capricious or whimsical. the circumstances brought on record are such creating a cause to believe by which chain of probable reasoning leading ..... view of the information conveyed to him by pi mr. rathod, he had every reason to believe that the accused had committed an offence punishable under chapter iv of the act and, therefore, he was authorised to detain, search and arrest them. as the search and seizure of psychotropic substance had taken in a public place, this ..... was contended that pi mr. k. c. chudasama is an officer of police department which is mentioned in section 42 of the act, and as he had reason to believe that an offence punishable under chapter iv was committed, he was entitled to search and detain the accused in public place and, therefore, the provisions of section 43 .....
Tag this Judgment!Court : Gujarat
Reported in : (2006)2GLR987
..... the contract, the plaintiff is also not liable to pay panchayat cess in view of section 191 read with section 203 of the act.4.8 we have also considered chapter xiii of land revenue code which deals with restrictions on use of land. the lands occupied by the plaintiff are reserved for mining operations and are assigned for public ..... registered letter to the plaintiff demanding land revenue for the year 1994-95, 1995-96, education cess and other tax in all rs. 13,68,751/-. along with the said letter, notice was annexed. 2.7 the taluka development officer ..... of the bombay land revenue code which provides liabilities (incurred by default) and demanded rs. 13,68,751/- from the plaintiff of land revenue for the period 1.8.1994 to 1.8.1995 plus notice fees. the said notice was issued on 13.2.1997. the plaintiff has further submitted that the taluka development officer has addressed a .....
Tag this Judgment!Court : Gujarat
Reported in : (2006)1GLR497
..... application is required to be rejected as being premature and presumptuous.19. a brief resume of the law regarding surety may be made:i. chapter viii of the indian contract act, 1872 (contract act) deals with indemnity and guarantee. sections 124 and 125 deal with indemnity while rest of the sections commencing from section 126 upto section 147 ..... authority if it is contended by such a third party that the goods imported really belonged to it and not to the purported importer or that he had financed the same and, therefore, in substance he was interested in the goods and consequently the release order in favour of the purported importer was prone to create ..... after provisional assessment was framed. pending final assessment the importer owner was called upon to submit a bond as per provisions contained in section 18 of the customs act, 1962 (the act) read with rules 2 & 3 of the customs (provisional duty assessment) regulations, 1963. on 18/2/1995 the said importer owner submitted the bond. .....
Tag this Judgment!Court : Gujarat
Reported in : [2006]286ITR129(Guj)
..... the apex court in b.r. ltd. (supra) though the controversy brought before the court related to provisions of section 24(2) of the indian it act, 1922, prior to its amendment by the finance act, 1955, the apex court has categorically stated that 'even under the amended provision, the consideration whether in the year of profit the assessee was carrying ..... sent it for processing and after having it processed sold the same in the open market. therefore, the assessee was not entitled to benefit under section 72 of the act to carry forward and set off the accumulated losses pertaining to textile unit which had been sold off,5. in the light of the aforesaid fact situation, mr. ..... 72(1)(i) of the act stipulates that for any assessment year, if the net result of the computation under the head 'profits and gains of business or profession' is a loss, the whole loss (subject to other provisions of chapter vi) be carried forward to the following assessment year and shall be set off against the profits .....
Tag this Judgment!Court : Gujarat
Reported in : 2006CriLJ2686; (2006)2GLR1085
..... committed at any place within india at which he may be found. the proviso however says that notwithstanding anything in any of the preceding sections of this chapter, no such offence shall be inquired into or tried in india except with the previous sanction of the central government. mr. pandya has therefore submitted that ..... 2001crilj1738 wherein the complainant, surendra rajak, was the father of the deceased kalpana and in the complaint petition, he narrated the chain of events starting from 09.06.1994, the date on which kalpana was married to binod kumar till 12.06.1997, the date on which the father received a telephonic message that kalpana had received ..... held to be in one transaction. it is not possible to enunciate any comprehensive formula of universal application for the purpose of determining whether two or more acts constitute the same transaction. but the circumstances of a given case indicating proximity of time, unity or proximity of place, continuity of action and community of .....
Tag this Judgment!Court : Gujarat
Reported in : 2004(176)ELT64(Guj); (2006)1GLR436
..... by this ministry on the recommendations of gas linkage committee which is an inter-ministerial committee with representatives from the planning commission and the ministers of finance, power, chemicals & fertilizers and steel. prior to 1986 the respondent no. 2 was deciding the price of natural gas and there were serious ..... to the government of india on the security and undertaking of the state government, that the amendments introduced to the memorandum of association in the year 1994 introducing articles 5-a and 5-b, entrusts the appellant- company with important public duties obligating to undertake, permit, sponsor rural development and for ..... discharged by the department of the government viz., ministry of petroleum and thereafter they were transferred by floating wholly owned government company under the indian companies act, 1956. it also cannot be disputed that the entire working capital of the respondent corporation is being provided by the central government. thus, the respondent .....
Tag this Judgment!Court : Gujarat
Reported in : (2005)3GLR2549
..... 37,62,79,883/-) was fraudulently withdrawn from the district treasury at chaibasa by presenting false bills even though there was no allotment from the department of finance and animal husbandry directorate. government of bihar, patna, and the said huge amount was withdrawn and misappropriated under a deep conspiracy as some of the tainted officials ..... it is true that the petitioner is a leading citizen and was active in administration of the bank since 1982 and was a minister in the year 1993 & 1994 for state of gujarat in co. operation & panchayat department and bank deposits rose from rs. 50 crores to approximately more than rs. 600 crores between 1996 ..... co-operative society ltd., visnagar, that the members of the executive committee cannot be held liable individually under section 93 of the gujarat co-operative societies act, 1961, placing reliance on some decisions of this court in the matter of co-operative societies and it is argued that there is constructive liability of .....
Tag this Judgment!Court : Gujarat
Reported in : (2006)1GLR558
..... also the hon'ble supreme court observed that it is the basic principle of construction of statute that the same should be read as a whole, then chapter by chapter, section by section and word by word. recourse to construction or interpretation of statute is necessary when there is ambiguity, obscurity, or inconsistency therein and not ..... : 2004crilj892 , the hon'ble supreme court noted with approval the observations made in an earlier decision in the case of reserve bank of india v. general finance and investment co. ltd., air 1987 sc 1023 to the effect that interpretation must depend on the text and the context. they are the bases of interpretation. ..... guidelines. it was contended that the government followed the procedure required under the law and in particular under the provisions of section 17 of the said act and after calling for objections and suggestions from the interested citizens against the proposal for including the land in question was placed under designation for educational .....
Tag this Judgment!Court : Gujarat
Reported in : (2005)198CTR(Guj)1; [2006]280ITR282(Guj)
..... . as to what is the purport of such direction requires to be examined and ascertained in context of the provisions of the act.19. section 80p of the act appears in chapter via of the act. the said chapter pertains to deductions to be made in computing total income. it is divided into four heads or four parts :a : general ..... facilities are read together the intention of the legislature becomes clear and that is to provide benefit of deduction to a cooperative society which actually provides credit/finance to its members in furtherance of the cooperative movement and not for the purposes of profit making. that strictly speaking only activities specified in the definition of ..... to intervene and address the court.3 the assessment year in tax appeal no. 208 of 2003 is 1995-96 and the relevant accounting period is financial year 1994-95. the assessee, a cooperative society, filed return of income declaring total income at rs. nil. the assessing officer called upon the assessee to furnish particulars .....
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