Court : Gujarat
..... . the petitioners have not challenged the validity of "the gujarat professional medical educational colleges or institutions (regulation of admission and fixation of fees) act, 2007". under section 2(g) of the said act, 'government seats' have been defined as follows :-"2(g) "government seats" means, -(i) all the seats of the professional courses in ..... course or both. in absence of any specific bar, the gujarat professional medical educational colleges or institutions (regulation of admission and fixation of fees) act, 2007 is applicable both in the case of admission to under-graduate and post-graduate course.even if the contention made by the petitioners is accepted that ..... the post graduation for the academic year 2011-12, save and except the seats, as per the specialties wise allocation.2. the petitioner institutions are self-financing institution imparting education in the discipline of dentistry both at the level of graduation and post-graduations i.e. bds and mds courses. they are run .....
Tag this Judgment!Court : Gujarat
..... act, 2008"], sought for a declaration that sections 67, 73, 73a, 74, 74d, 76, 81 and 81a of the gujarat co-operative societies act, 1961 [hereinafter referred to as "the principal act"] as amended by the amending act, 2008 are unconstitutional and invalid. prayer has also been made to set aside the guidelines dated 10.7.2007 ..... the primary agricultural credit societies at the base. the maclagan committee suggested that the term "central bank" should be applied to all local financing institutions directly financing the primary societies "within an area sufficiently limited to allow them to exercise also the duties of supervision and control over these societies". the ..... of defaulters from the voters list, provisions for maintaining bad deb reserve fund and provisions for periodical inspection by the registrar of co-operative societies, financing bank and federal societies. the provisions are also made for availing loan facility to group of persons (self help groups) and for availing memberships .....
Tag this Judgment!Court : Gujarat
..... (ii) arun v. inspector general of police (1986) 3 scc 696 : 1986 scc (l&s;) 707 : (1986) 1 atc 330 (iii)union of india v. jai prakash singh (2007) 10 scc 712 (iv) victoria memorial hall v. howrah ganatantrik nagrik samity (2010) 3 scc 732 (v) ram phal v. state of haryana (2009) 3 scc 258 : (2009) 1 ..... learned counsel for the petitioner also placed reliance on various decisions of the apex court and high courts on the subject and submitted that the respondent (lic) had acted unreasonably and arbitrarily and the decision impugned being unfair and contrary to principles of natural justice, the corporation be directed to renew the policy in question with all ..... on lic and even if discretion rest with lic, such discretion is to be exercised judiciously and after considering various aspects keeping in mind object of the insurance act and creation and functioning of life insurance corporation in the larger public interest. in absence of any specific material, it was not open to the lic to deny .....
Tag this Judgment!Court : Gujarat
..... form a part of the original terms and conditions of the auction sale by order dated 23.03.2007. this is absolutely contrary to all notions of fair play and good faith.iii. under section 7 of the indian contract act, 1872, acceptance of an offer must be absolute and unqualified. a conditional acceptance is no acceptance ..... original terms and conditions of the auction sale, was inserted. this makes the respondent corporation's acceptance conditional acceptance and, therefore, no acceptance under section 7 of the indian contract act, 1872. in support of this submission, reliance is placed on the decision of the orissa high court in the case of vishwa industrial co. ..... have never made any bid. the 20% premium condition is a fundamental variation as it creates additional liabilities and obligations on the petitioners. under section 108 (j) of the transfer of property act, 1882, a right of further transfer to a sub-lessee in absence of a written contract to the contrary is recognized. thus, under .....
Tag this Judgment!Court : Gujarat
..... the proposal as well as the material on record, has discussed the case with the concerned officers and has recorded satisfaction that if summons under section 131 of the act and notice under section 142(1) is issued, the persons referred to in the satisfaction note would not be produced or cause to be produced, the books of account ..... in the petition are that the petitioner no.1 is a company. the petitioner no.2 is a civil engineer from iit roorkee, holding a diploma in business finance from icfai, who joined the indian administrative service in the year 1985 and played a key role by implementing various policy initiatives in the tourism, industry, energy and ..... the extent of rs.6,25,26,010/- as on 31.03.2007 from his father shri raghunathprasad gupta, who however had categorically denied any such transaction in the statement recorded during the course of search proceedings. as regards notices issued under section 133(6) of the act, it has been stated that the notices have been issued mainly .....
Tag this Judgment!Court : Gujarat
..... case, additional duty of customs is levied under section 116 of the finance act, 1999. it is submitted that the finance act, 1999 does not contain any provision similar to section 20 of the customs act and as such, the provisions of section 20 cannot be made applicable to additional duty of customs under the finance act, 1999 and as such, the additional duty of ..... was to garner additional revenue.2. it was submitted that additional duty of customs is sought to be levied in the light of the provisions of section 20 of the customs act, 1962 which lays down that if the goods are imported into india after exportation therefrom, such goods shall be liable to duty and be subject to ..... mr.mihir joshi, learned senior advocate appearing on behalf of the petitioner has invited the attention of the court to the extract of the speech of the finance minister while presenting budget in the year 1999 (page 113 to the petition) to submit that the intention behind levy of additional duty on imported and .....
Tag this Judgment!Court : Gujarat
..... challenged order dated 4^th november, 2008, made by the customs, excise & service tax appellate tribunal, west zonal bench, ahmedabad (the tribunal) proposing the following two questions:"(a) whether section 11ac of the central excise act, 1944 inserted by finance act, 1996 with intention of imposing mandatory penalty of equivalent amount of duty liability on persons who evaded payment of tax and the said ..... section does not leave any discretion for reduction of quantum of penalty if duty determined is paid within 30 days of the order of appellate commissioner?(b) whether in the facts .....
Tag this Judgment!Court : Gujarat
..... the time of preparing bombs in pursuance of the criminal conspiracy which was hatched by the accused. learned special judge, placing reliance on sec.10 of the evidence act held that reasonable ground existed to hold that prima facie evidence ensures this accused and others to have conspired to commit illegality and there ..... pw-8 mustak chandmiya sheikh had already entered into the witness box and had deposed and therefore in view of the explicit bar contained in sec.132 of the evidence act, no proceedings could have been initiated against him except the proceedings of perjury. learned special judge [pota] placed reliance on the incriminating evidence ..... pretext of providing relief to the affected persons, banned militant organizations established contacts with the religious leaders and other leaders of the community and for providing finance and other help, a conspiracy to terrorize a particular community was hatched. one of the objects of such offence was to purchase weapons and to let .....
Tag this Judgment!Court : Gujarat
..... of the bombay high court in the case of commissioner of customs (import), raigad v. amrit banaspati co. ltd., 2007 (218) elt 336 (bom.) wherein the court has held that the fact that section 18 of the pfa act empowers the court to allow clearance of the domestic goods subject to reprocessing, cannot be a mere ground to hold that ..... bar to the court allowing release of the goods subject to reprocessing.13. insofar as the contention raised by the revenue by placing reliance upon sub-section (3) of section 13 of the act is concerned, it was submitted that the said provision would be applicable only in case where a sample has been sent to the concerned central ..... failed on pfa parameters, cannot be released provisionally in the light of circular no.28/2006-cus. dated 6.11.2006 issued by the government of india, ministry of finance, department of revenue, central board of excise & customs. referring to the contents of the said circular, it was submitted that in the present case, the food articles .....
Tag this Judgment!Court : Gujarat
ORAL ORDER1. Rule. Mr. LB Dabhi, learned APP waives service of notice of Rule for the respondent State of Gujarat.2. By filing instant petition, the applicant has prayed to list above numbered Criminal Appeal No.491 of 1993 for final hearing, as expeditiously as possible, in the interest of justice.3. Having heard Mr. RK Mansuri, learned advocate for the applicant and Mr. LB Dabhi, learned APP for the respondent State of Gujarat and on perusal of the averments made in the application and since the paper book is ready, prayer made by the applicant deserves to be granted by directing the Registry to list the above numbered criminal appeal for final hearing in seriatim.4. For the foregoing reasons, the application succeeds and it is accordingly allowed. Registry is directed to list Criminal Appeal No.491 of 1993 for final hearing in seriatim. Rule is made absolute accordingly....
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