Court : Gujarat
Reported in : (1961)2GLR514
..... of the public trust the trustee shall be bound notwithstanding any direction contained in the instrument of the trust to deposit the money in any schedule bank as defined in the reserve bank of india act, 1934, in the postal savings bank or in a co-operative bank approved by the state government for the purpose or to invest it in public securities.provided that such money may be invested in the first mortgage of immovable property situate in ..... said resolution was earlier than coming into force of the bombay public trusts (amendment) act 1954 by which an investment or a deposit made in accordance with a direction contained in the instrument of trust before the said amendment act was saved from the operation of section 35(1) of the act the second defence of the petitioner was that this was not a case where ..... the date when the complaint was filed on the 7th january 1959 and when the petitioners application before the learned district judge was pending he had contravened section 35(1) of the act by holding the trust monies which could not be applied immediately or at any early date to the purposes of the public trust in these circumstances it seems to me that the ..... was in this situation that the investment continued with his firm and that before the learned district judge passed his order and before the petitioner had time to act according to the directions of the learned district judge the notice to prosecute him was given on 3rd september 1958 sanction to prosecute was given on 25th .....
Tag this Judgment!Court : Gujarat
Reported in : (1997)3GLR2322; (2000)IIILLJ1673Guj
..... the very benevolent purpose of the act of 1952 of providing provident fund to the class of employees by deducting the amount from their salary and by calling upon the employer to deposit the equivalent amount is to see that on their retirement the employees/ workmen who are otherwise lowly paid are armed with sufficient fund so as to maintain their family or so as to live rest of their lives by banking upon the savings which are made in their provident fund. ..... according to them, the provisions of the said act also would not apply in view of the notification dated february 19, 1982 issued by the government of india in exercise of the powers conferred by sub-section (3) of section 1 of the employees' provident funds and miscellaneous provisions act, 1952. ..... the petitioner has also applied for declaration that the provisions of the employees' provident funds and miscellaneous provisions act, 1952 are not applicable to the petitioner as they were running primary school and secondary school registered and recognised under different statues and, therefore, they were not governed by the provisions of the said act.2. ..... nanavati has submitted before this court that because of the notification issued by government of india, ministry of labour, dated february 19, 1982, the central government has specified classes of establishment in each of which 20 or more persons are employed, as establishments to which the said act shall apply. .....
Tag this Judgment!Court : Gujarat
Reported in : (2009)1GLR683; (2009)23VST298(Guj)
..... act, which is referring to the repeal and saving clause, is a complete answer to the arbitrary action of the government inasmuch as ..... : air2007sc2747 , and referring to the observations made in para 32, he submitted that, even 'if there may be a different view point or a better formula, the court cannot substitute its wisdom for government's, save to see that unreasonable perversity or mala fide manipulation, arbitrariness and like infirmities do not defile the equation for integration'.9.33. ..... has be served,the law may, therefore, now be taken to be settled as a result of this decision, that where the government makes a promise knowing or intending that it would be acted on by the promisee and, in fact, the promisee, acting in reliance on it, alters his position, the government would be held bound by the promise and the promise would be enforceable against the government at the instance of the promisee, notwithstanding that there is no consideration for the promise and the promise is not ..... is evident that the impugned notifications at annexure-i, by which the earlier certificate of exemption has been rescinded, is bad in law and is not justified and the respondent-government authorities are estopped from withdrawing such benefit of exemption already granted in exercise of powers under section 49(2) of the sales tax act, which created an equity, if not right, in favour of the petitioners during the validity of the said notifications for the period from 1-12-2005 to 30-11-2008, .....
Tag this Judgment!Court : Gujarat
Reported in : [1992]73CompCas51(Guj)
..... the other conditions provide that ahmedabad electricity company should be directed to supply power without insisting on payment of any past dues and/or any extra cost for connecting the power and that the government of gujarat should be directed to give benefits as are given to sick units for a period of five years or up to the extended lease period. ..... all that we are told is that on a microscopic examination of the relevant provisions (sections 391 and 392 of the companies act) in the light of the interpretation canvassed by the appellant the learned company judge had no jurisdiction to order substitution of its rival in the place of the appellant (notwithstanding the law laid down by the supreme court in s. k. ..... til) who was consulted earlier is not in a position to offer any effective medicine or save the life of the patient and confesses that such is the case. ..... desai, learned advocate appearing on behalf of the bank of baroda (secured creditor), submitted that the scheme is fair and reasonable and does not hurt any class or classes of persons affected thereby. ..... - working capital (whether raised through banks or otherwise and including working capital margin), goodwill fees, engineering fees, commissioning fees, commissioning expenses, royalties capitalised or otherwise, pre-operative expenses, expenditure on trucks, cars, vans, trailers, tractors and transport vehicles and .....
Tag this Judgment!Court : Gujarat
Reported in : (1992)2GLR819
..... brought within the board's premises;(c) carrying passengers within the limits of the port or port approaches, by such means and subject to such restrictions and conditions as the state government may think fit to impose; and(d) piloting, hauling, mooring, remooring, hooking or measuring of vessels or any other service in respect of vessels. ..... the aforesaid method of transportation of goods it shall have now to be determined as to whether the exercise of power by the board in authorising any person under section 32(3) of the said act to undertake landing and shipping work, more particularly, described herein-above, can be said to be arbitary and/or unreasonable so as to be voided by this court as violative of article 14 ..... the responsibility of any such person for the loss, destruction or deterioration of goods of which he has taken charge shall, subject to the other provisions of this act, be that of a bailee under sections 151, 152 & 161 of the indian contract act, 1872.from the language of this section it is clear that the board has the power to undertake various services set-out in clauses (a), (b), (c) & ..... to the action of the gujarat maritime board it is necessary to state the relevant facts and simultaneously to refer to some of the relevant provisions of the gujarat maritime board act, 1981 hereinafter referred as 'the said act' and regulations captioned as 'gujarat maritime board (landing & wharfage) regulations, 1986', hereinafter referred to as the 'said regulations'.4. .....
Tag this Judgment!Court : Gujarat
Reported in : (2009)2GLR1322
..... of the waiver/dispensation allowed by the order dated 29-7-2008 coupled with compliance of procedure under section 391) with; and(e) it is also not claimed by any one, including central government or the creditors or the shareholders, that the terms of the scheme are contrary to or violate any statutory provisions.it does not appear necessary to allow the alleged breach, in the ..... the value of which, or services the cost of which, exceeds five thousand rupees in the aggregate in any year comprised in the period of the contract or contracts; or(c) in the case of a banking or insurance company any transaction in the ordinary course of business of such company with any director, relative, firm, partner or private company as aforesaid.for the sale, purchase or supply of any goods ..... under the circumstances, in present case, it is not necessary to examine the contention of the central government raised on the ground of breach of section 295 and the effect in light of provisions of section 283(1)(h) of the 1956 act inasmuch as even if it is assumed that the office of two directors had fallen vacant, then also the fact that the resolution ..... (1) save as otherwise provided in sub-section (2), no company (hereinafter in this section referred to as 'the lending company) [without obtaining the previous approval of the central government in that behalf shall, directly or indirectly] make any loan to, or give any guarantee or provide any security in connection with a loan made by any other person .....
Tag this Judgment!Court : Gujarat
Reported in : 2005(102)ECC42
..... however, the said application was rejected on 26.5.1999, on the ground that the matter did not fall under the first proviso to sub-section (1) of section 129a of the customs act, 1962 (the act) hence, the application was not maintainable before the government of india.2.5 in the circumstances, the petitioner company preferred an appeal before the customs, excise and gold (control) appellate tribunal, (tribunal) against the letters dated 29.9.1998 and 5.1.1999 ..... it is the case of the petitioners that various circulars and public notices have been issued by the government from time to time, permitting conversion of a free shipping bill into a drawback bill and also laying down the procedure to be followed in such a case.2.2 in the backdrop of the aforesaid facts, the petitioners made a representation/ ..... dated 29.9.1998 and 5.1.1998 were not decisions or orders passed by the commissioner of customs as an adjudicating authority, hence, the case does not fall under any of the provisions made under section 129a of the act, and that, the tribunal had rightly dismissed the appeal by holding that the same was not maintainable against a letter (executive instructions).5. ..... as far as the jurisdiction of the tribunal to dispose of the matter is concerned, it is to be mentioned that in terms of section 129a of the customs act, it would be clear that any person aggrieved by any of the orders or decision passed by the commissioner of customs as an adjudicating authority can file an appeal to the .....
Tag this Judgment!Court : Gujarat
Reported in : [1976]46CompCas59(Guj)
..... different classes of members and creditors were held on different dates and were adjourned from time to time and it will not be necessary to clutter the record to refer to each meeting in detail, save and except that a meeting of the workmen, who were in employment of the company till the company closed down represented through their representative textile labour association was convened pursuant to the directions given in company ..... was a tripartite venture for dividing amongst themselves the body of an insolvent company, the partners being the state government, whose authorised controller contributed his own mite to complete the ruination of the company, the past management who squeezed everything out of the company leaving it a skeleton to be taken over by the government; and the sponsor of the scheme who wanted to dismantle the machinery and make profit out of the speculative prices ..... order to find liquid capital for running the mills, the central government gave direction under section 18e of the said act to the authorised controller, inter alia, to mortgage the entire assets in favour of the government of gujarat, simultaneously conferring upon him powers under sections 18b(2) ..... the authorised controller borrowed funds from the state bank of india, possibly on the guarantee of the government of gujarat and on this guarantee, the authorised ..... 000 from the state bank of india on 26th ..... 5,00,000 by the state bank of india against the mortgage of the assets of the company in favour of .....
Tag this Judgment!Court : Gujarat
Reported in : (1973)14GLR410
..... , therefore, by reason of section 4(2), they were exempt from the applicability of the saurashtra rent act and though the saurashtra rent act was repealed, the saving provision enacted in section 51 of the bombay rent' act continued the saurashtra rent act together with the exempting provision in section 4(2) for the purpose of decision of the suit and the suit was, therefore, governed by the ordinary law of landlord and tenant and the defendant was not entitled to the ..... filed by the plaintiff against the defendant for recovery of possession of the premises was a thing duly done under saurashtra rent act and, therefore, by reason of the saving provision in that sub-clause, the repeal of the saurashtra rent act did not affect the suit and the suit was liable to go on as if the saurashtra rent act had not been repealed and the same position continued as it was before the repeal of the saurashtra rent ..... be applicable and the suit would have to be decided as if the saurashtra rent act had not been repealed and continued in force and the logical consequence of this fiction would be that the bombay rent act would not be applicable to the premises and since the exemption contained in section 4(2) would continue in force as part of the saurashtra rent act, the suit would be governed by the ordinary law of landlord and tenant and the defendant would have .....
Tag this Judgment!Court : Gujarat
Reported in : (1973)14GLR786
..... out that (i) a member of a masonic lodge is bound to abide by the rules of the lodge; and if the rules provide for expulsion, he could be expelled only in the manner provided by the rules; (2) the lodge is bound to act strictly according to the rules; whether a particular rule is mandatory or directory falls to be decided in each case having regard to the well settled rules of construction in that regard, and (3) the jurisdiction of a civil court was rather limited ..... settles the question that a mandamus or even a declaratory relief could issue to an official of a society or to a company registered under the companies act, if such officer, society or the company which is constituted and governed by the statute authorising such undertaking does not carry out the mandatory obligation by way of duty imposed on it by the statute. ..... turning to the facts of the present case, there is no controversy that even though the chairman of this election committee, which had acted as delegate of the director board which was managing the federal society (respondent bank), took the most reasonable attitude of refusing to proceed in such matter of rejection of nomination paper merely on the allegation made in the objection petition, when the objectors were not even prepared to substantiate their allegation ..... of election petition by raising the dispute of election, after the election took place, was enacted, it was very doubtful whether such an inconsistent bye-law would be saved under the new act. .....
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