Court : Gujarat
Decided on : Feb-02-1981
Reported in : AIR1981Guj212; (1981)GLR982
..... commercial banks.' in order to achieve this objective, the respondent -corporation, as per section 24 and section 25 of the state financial corporations act, j951 is authorised to conduct its business, of course, on business principles but with 'due regard being had by ..... the sole purpose of assisting industrial concerns as defined in clause (c) of section 2 of the state financial corporations act. 1951. as the statement of object-, and reasons shows it was an act made 'inorder to provide medium and long-term finance to industrial undertakings which fail outside the normal activities of ..... work also. an application for loan was made by the petitioner-company to the respondent-corporation, which is a financial corporation established under section 3 of the state financial corporations act, 1951. the board of directors of the corporation by its resolution passed on 24-7-1978 sanctioned a loan to the petitioner to the .....
Tag this Judgment!Court : Gujarat
Decided on : Apr-24-1981
Reported in : (1982)1GLR111
..... had invited my attention to the full bench decision of the delhi high court in municipal corporation of delhi v. j. b. botting co. pvt. ltd. [1975] 2 cr. lj 1148, where the full bench has in the context of the relevant provisions contained ..... on the facts and in the circumstances of the present case. 5. a further question arose whether the company could be prosecuted under s. 58c(1) since the corporal punishment of imprisonment relevant for the time being and, therefore, i need not go into the same. however, the learned advocate, appearing on behalf of the petitioner, ..... in s. 17 of the provisions of the food adulterantion act, 1954, which is in pari materia to the one contained in s. 58c(1) of the reserve bank of india act, 1934, ruled that on the recognised principles of interpretation of statutes, even if the corporal punishment of imprisonment is a mandatory part of the sentence, .....
Tag this Judgment!Court : Gujarat
Decided on : Aug-18-1981
Reported in : [1984]55CompCas107(Guj)
..... place on different dates thereafter may now be briefly recapitulated. on 15th february, 1980, the representatives of the various creditor banks as well as gujarat state finance corporation (gsfc) informed the court in no uncertain terms that they supported the nddb scheme. they also pointed out that is view of the developments set out in ..... pushed through even with more than the statutory majority. the well informed class of shareholders, such as, financial institutions, statutory corporations, etc., scrutinise the scheme with an expert's eye and it is presumed to act bona fide and for the benefit of the company as a whole. it must, therefore, be realised that before the court ..... arises where the court is called upon to decide who is running the show, who is responsible for certain acts and omissions of the company, who is the very ego and centre of the company, the veil of corporate personality has to be lifted to find out the person. mr. cooper placed emphasis on the following observations .....
Tag this Judgment!Court : Gujarat
Decided on : Feb-13-1981
Reported in : 1982CriLJ903; (1981)GLR972
..... the collector of rajkot by his letter dated december 29, 1'979 bearing no. food: r. d. vashi-6838, permitted the detenu to get his plans to be registered with nine cement dealers at rajkot, namely, saurashtra emporium, apna bazar, cambay investment corporation, k. p. brothers, mozambik trade agency, rajkot lodhika sangh, desai brothers, ..... explanation to section 3(1) is material for the purpose of this judgment. that explanation provides :for the purposes of this sub-section (, the expression 'acting in any manner prejudicial to the maintenance of supplies of commodities essential to the community' means -(a) committing or instigating any person to commit any offence ..... punishable under the essential commodities act, 1955, or under any other law for the time being in force relating to the control of the production, supply or distribution of, or trade .....
Tag this Judgment!Court : Gujarat
Decided on : Apr-20-1981
Reported in : (1981)22GLR1076
..... nursed back to health by the state?) and it is a charge which can be leveled against any institution. but, can the court prevent a public corporation by a restraint order from taking steps to prevent further losses on an involved argument built on the allegation of inefficient and uneconomic functioning when no statutory ..... and commissions to review and examine the rates fixed by the board and factual monopoly increment;(e) in alternative declaring the provision contained in electricity act and electricity (supply) act referred to herein and other provisions sympathetic with it which confer a virtual monopoly on respondent board as unconstitutional, illegal and void;(f) allowing the ..... ;(d) declaring sections 26, 57, 57a read with schedule vi and section 49 read with section 59 and section 18 and the other provisions of the act sympathetic to it as unconstitutional, illegal and void in so far as they do not provide definite criteria and standards applicable to the board while fixing its .....
Tag this Judgment!Court : Gujarat
Decided on : Sep-22-1981
Reported in : [1982]49STC310(Guj)
..... assessee for use in the operations subsequent to the stacking of the ore at the mining site.' 10. after referring with approval to its earlier decision in indian copper corporation ltd. v. commissioner of commercial taxes [1965] 16 stc 259 (sc), in the context of the contention of the assessee that mining of ore and processing it ..... what is the meaning of 'processing' was answered by the supreme court after referring with approval to its earlier decision in deputy commissioner of sales tax v. pio food packers [1980] 46 stc 63 (sc), which had earlier ruled that the relevant test which is required to be applied in this behalf is whether the processing of ..... sale, the assistant commissioner, though confirmed the order of penalty imposed by the sales tax officer under section 10(d) read with section 10a of the central act granted partial reduction therein. he thus allowed partially the appeals by directing that the part of the goods purchased against the declarations in form c should be treated .....
Tag this Judgment!Court : Gujarat
Decided on : Jan-22-1981
Reported in : AIR1981Guj117; (1981)GLR570
..... for the executive? how far can the court probe when there is no charge of mala fides or oblique motive? the grievance of the appellant society, a state level corporation, is that its bid was the lowest and yet the contract has been entrusted to respondent no. 6 company. it transpires from the affidavits that the contract was ..... of the nation, (2) add thousands of tons of grain to the national granary (3) bring a smile on the faces of thousands of cultivators, (4) bring food nearer to the hungry mouths of thousands of citizens and thus alter the economic profile of the entire nation. if the matter is examined from this perspective and it is ..... is built on the consideration as regards the satisfactory and speedy completion of the work. under the circumstances, it can not be said that the state government has acted arbitrarily. it is not necessary to advert to details pertaining to the course of events or to the correspondence exchanged with the officials of the state government. nor .....
Tag this Judgment!Court : Gujarat
Decided on : Feb-06-1981
Reported in : AIR1981Guj184; (1981)0GLR1056
..... respondent was disqualified for being a councillor. in this behalf, reliance was placed by the petitioner on section 10 of the bombay provincial municipal corporations act, 1949 (hereinafter referred to as 'the act') which in so far as relevant is set out as under: -' 10. disqualification for being a councillor: (i) subject to the ..... only;(iii) any newspaper in which any advertisement relating to the affairs of the corporation is inserted;(iv) any joint stock company or any society, registered or deemed to be registered under the bombay co-operative societies act, 1925, which shall contract with or be employed by the commissioner or the transport ..... ranjitsinh dolatsinh dodia - the respondent in the petition- to be elected and to act as councillor of the rajkot municipal corporation.2. the respondent is elected as a councillor at the election in question. general elections to the rajkot municipal corporation were held in january, 1981. the nomination forms for the aforesaid elections were .....
Tag this Judgment!Court : Gujarat
Decided on : Sep-16-1981
Reported in : [1982]51STC88(Guj)
..... so far as they may be relevant for the purposes and in furtherance of the scheme of the objects of the subsequent act (vide agrawal trading corporation v. assistant collector of customs, calcutta : 1973crilj474 . 21. in bajya v. smt. gopikabai : [1978]3scr561 , the supreme court was concerned with the meaning of the expression 'personal ..... heavily placed on various decisions and particularly on the decision of the supreme court in deputy commissioner of sales tax (law), board of revenue (taxes), ernakulam v. pio food packers [1980] 46 stc 63 (sc). this contention which has been urged on behalf of the state government has found favour with the tribunal. the next question of ..... must be deemed to suffer from a mistake apparent from the record .....' 12. in commissioner of sales tax, u.p. v. bijli cotton mills, hathras, u.p. [1964] 15 stc 656 (sc) a similar situation as the one which confronts us had arisen. there, the respondent-assessee-company for the assessment year 1948-49 contended that the .....
Tag this Judgment!Court : Gujarat
Decided on : Jun-23-1981
Reported in : (1981)22GLR712
..... standi in paragraph 40 of his judgment at page 354 of the report observed:the argument is, who are you to ask about the wrong committed or illegal act of the corporation if you have suffered no personal injury to property, body, mind or reputation? an officious busybody picking up a stray dispute or idle peddlar of blackmail-litigation ..... out that by the time of supreme court decided rohtas industries case (supra), the house of lords had delivered its decision in padfield v. minister of agriculture, fisheries and food 1968 a.c. 997. hegde, j. in his judgment in paragraphs 30 to 35 extensively from the speeches of some of the law lords in padfield's case (supra ..... . in our opinion, therefore, there is no substance in the argument advanced by learned counsel on this point.(emphasis supplied).in state of madhya pradesh v. bhailalbhai : [1964]6scr261 das gupta, j. speaking for the supreme court observed in paragraph 17 at page 1011:it may however be stated as a general rule that if there has been .....
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