Court : Gujarat
Reported in : AIR1981Guj1; (1980)GLR838(GJ)
..... to 103, both inclusive. in this chapter there are six sub-groups of sections, sub-group (1) consists of section ..... public law and scanning them for their validity is to fail in understanding the social philosophy that puts life and meaning into the provisions of the act. the law, being realistic, reckons with the socialist sector covering state and co-operative enterprises.'paragraph 9 deals with the special facts of that ..... the relevant time the provisions of the bombay municipal boroughs act, 1925 were applicable to the rajkot municipality which was subsequently converted into rajkot municipal corporation, section 77 is one of the sections in chapter vii of the bombay municipal boroughs act, 1925. that chapter deals with municipal taxation and it consists of sections 73 .....
Tag this Judgment!Court : Gujarat
Reported in : (2008)3GLR1856; (2009)ILLJ399Guj; [2008]84SCL133(Guj)
..... the company means only the interest of the members and not of those whose livelihood is in practice much more closely involved. in the same book in chapter sthe future of company law in a mixed economy', the same author had pointedly drawn attention to the reversal of priority as a future modification of the ..... purpose to follow the procedure prescribed by and under the provisions of sections 391 to 394 of the companies act, 1956 (hereinafter referred to as 'the act'). by order dated 16.3.2007 in company application no. 126 of 2007, this court directed ipcl to convene separate meetings of equity shareholders, secured creditors (including debenture holders) and ..... nil claims against the applicant company were declared invalid. 3.3 in light of the above report, ipcl (the transferor company) filed company petition no. 93 of 2007, giving rise to the present appeal, seeking sanction of the company court to the scheme of amalgamation of ipcl (transferor company) with ril (transferee company). the .....
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 : (2003)3GLR1899
..... and (2) of section 34.technically, the decision of special court under p.o.t.a. is not under challenge.57. i have carefully considered the provisions of chapter 29 of the code dealing with the provisions qua 'appeals' in the code and section 378 in case of acquittal. if the argument of learned addl. advocate general advanced ..... court is constituted under section 23, every trial under the provisions of this act, which would have been required to be held before the special court, shall stand transferred to that ..... 23, in the case of any offence punishable under this act, notwithstanding anything contained in the code, be exercised by the court of sessions of the division in which such offence has been committed and it shall have all the powers and follow the procedure provided under this chapter. (2) on and from the date when the special .....
Tag this Judgment!Court : Gujarat
Reported in : 2003(2)ARBLR259(Gujarat)
..... ad interim order and the legislature has not contemplated an appeal against the said order under section 37 of the act. in support of the aforesaid contention he has relied on the judgment of this court in the case of sundaram finance ltd., chennai v. govind swamp mittal, air 1999 gujarat 74=1999(1) arb. lr 460 (gujarat) particularly para ..... questions for a smouldering one. --ambrose bierce'(new dimensions of justice by hon'ble mr. justice j.s. verma, in the article 'courts and the arbitral process' in chapter 17 on page 121).11. the difference between ordinary court of law and international commercial arbitration has been able to put by mr. n.a. palkhiwala in his book, we ..... the nation in chapter 'international arbitration v. litigation in law courts' on page 205. at page 209 it is noted thus :'to sum up, a court of law is a rolls royce .....
Tag this Judgment!Court : Gujarat
Reported in : [1997]227ITR825(Guj)
..... & ors. 1993 (1) scc 78, a show cause notice is required to be given to both - transferor and transferee before acquiring the property under chapter xx-c of the act. but in exercise of writ jurisdiction, there cannot be any appraisal or reappreciation of facts and materials. interference in writ jurisdiction is justified only when the order ..... parties to show cause as to why an order under s. 269ud(1) should not be passed and the property should not be acquired under chapter xx-c of the act. the petitioner submitted reply to the aforesaid show cause notice on 18th april, 1995, inter alia, contending that sips were located on general thimmaya road ..... . a similar question arose before us in special civil application no. 869 of 1995 decided on 30th jan./30th march, 1995 [reported as anagram finance ltd. vs. appropriate authority & anr.]. considering the relevant provisions of the act as also the decision of the hon'ble supreme court in barium chemicals ltd. & anr. vs . company law board & ors. : .....
Tag this Judgment!Court : Gujarat
Reported in : (2005)3GLR2152; (2006)ILLJ587Guj
..... now.13. the only escape from the rigors of the 'special provisions relating to lay-off, retrenchment and closure in certain establishments' contained in chapter v-b of the industrial disputes act is when an industrial establishment is of a seasonal character or where work is performed intermittently. the premises at which the field parties work and carry ..... creating permanent posts. if finances are not available, take such work which is within the financial means. why take advantage out of it at the cost of workers ?'11.11 in indian petrochemicals ..... to engage larger number of daily-wage workers for a long number of years without absorbing them or creating posts, which constitutes an unfair labour practice. ...if finances are short, engagement of such daily-wage workers cold only be for a short limited period and if continuous work is required it could only do so by .....
Tag this Judgment!Court : Gujarat
Reported in : (2005)2GLR1298
..... (supra) requires reconsideration.22. in reply to the arguments advanced by mr. nanavati, mr. a.d. shah has pointed out the provisions of chapter v of the ni act, which deals with presentation of negotiable instrument for payment and also section 61 representing payment and has submitted that though the decision reported in : air1956bom111 ..... drawer, with adequate safeguards to prevent all honest drawer.' section 138 of the ni act, 1988, has been amended by section 7 of the ni act, 2002. the amendment has been made keeping in view the recommendation of the standing committee on finance and other representations, it was felt that the courts were unable to dispose ..... of criminal cases instituted under section 138 of the ni act expeditiously in the time bound manner and in view of the procedure contained in the ni act. in this background, the observations of .....
Tag this Judgment!Court : Gujarat
Reported in : (2007)1GLR796
..... connection with activities of a dubious nature.38.15a prostitution in surat (a study of women in the profession of prostitution in surat city, 1990) report of the research project financed by the m.s.u.b. vide s.r. no. 34(3) (31) dated 30-12-1989 by leena vihang mehta - on page 56, some suggestion is given: ..... two confidential witnesses, it can be said that there was sufficient material before the detaining authority to reach subjective satisfaction that the petitioner was habitually committing offences punishable under chapter vi and xvii i.p.c. it has also been made out from the grounds of detention that the petitioner is a member of latif gang and he was ..... of offences which are punishable under chapter xvi or chapter xvii of i.p.c. or under chapter v of the arms act and that a single or isolated act falling under chapter xvi or chapter xvii of i.p.c. or chapter v of the arms act cannot be characterised as a habitual act referred to in section 2(c) of the act. 6. it may be noted .....
Tag this Judgment!Court : Gujarat
Reported in : 1997CriLJ2896; (1997)2GLR38
..... made by the director, acb and do the needful at the earliest so that he can ultimately uphold and efficiently enforce the special act viz., corruption act to eradictate corruption which has engulfed the entire country. the government will have to consider on this aspect very seriously and sympathetically. if ..... point of the vigilance commission's right to advise the competent authorities under the corruption act, has invited our attention to the relevant observations made by sir william wade in his book 'administrative law' wherein in chapter 11 'retention of discretion' under the para permissible guidance it has been observed as ..... under:-permissible guidance :clearly these rules ought not to be carried to the length of preventing one government department from consulting another, or of preventing government agencies from acting in accordance with government .....
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