Court : Gujarat
Decided on : Jan-12-2009
Reported in : (2009)2GLR1158
..... of company court could not have been overlooked by the company court while determining the issue in question.15. in fact, when section 529-a of the act was proposed to be introduced vide companies (amendment) bill, 1985, the statement of object and reasons provided as under:another announcement made by the finance minister in his budget speech relates to the decision ..... or a reconstruction company had been constituted in accordance with the provisions of the securitisation act. the assignee bank was thus acting as a securitisation company without following the required procedure under the provisions of the securitisation act.8.1) referring to provisions of section 23 of the indian contract act, 1872 it was submitted that object of an agreement or consideration of an agreement .....
Tag this Judgment!Court : Gujarat
Decided on : Feb-12-2009
Reported in : (2009)2GLR1399
..... accused, it cannot be collective. thus, the committee having not addressed its opinion qua each accused, it has misdirected itself. language of section 2(3) of the amendment act shows that opinion qua individual accused should have been formed as is evident from the statutory provision.1.8. it was required to be opined whether the proceedings against ..... tests laid down therefor viz. illegality, irrationality, procedural impropriety. it has to delve deeper into the matter. it would require a deeper scrutiny.5.8. another decision is indian airlines ltd. v. prabha d. kanan reported in : air 2007 sc 548 (para 43 on page 559) where it is observed as under:a judicial review of such ..... consideration, extensive damage, totality of the incident though shocking falls short of an offence under p.o.t.a. it is a simple criminal act.2.14. it is submitted that provisions of indian penal code and p.o.t.a. are different. there is an opinion formed by the committee. is this opinion fair and rational opinion? .....
Tag this Judgment!Court : Gujarat
Decided on : Feb-13-2009
Reported in : (2009)2GLR1132
..... law but if party has failed to do so, than the blame cannot be made against claims tribunal that claims tribunal has not considered amended and not amended section 147 of the act. therefore, decision of hon'ble apex court is not applicable to facts and circumstances of this case because exercising jurisdiction on equity does ..... award, i am not able to find such contention raised by insurance company that accident occurred on 11/9/1990 i.e. before amendment made in section 147 of motor vehicles act. therefore, insurance company is not liable. therefore, whole matter remained as it is between insurance company and claimants to decide whether passengers ..... .3. learned advocate mr. vibhuti nanavati raised contention that accident occurred on 11/9/1990 prior to amendment in section 147 of motor vehicles act dated 14/11/1994. therefore, according to his submission, considering an amended section 147, in goods vehicle any person is not permitted to travel either with goods or without goods .....
Tag this Judgment!Court : Gujarat
Decided on : Feb-18-2009
Reported in : (2009)2GLR1421
..... to hamper the cause of justice or sanctify miscarriage of justice. a careful reading of the provisions contained in order 22 c.p.c. as well as the subsequent amendments thereto would lend credit and support to the view that they were devised to ensure their continuation and culmination in an effective adjudication and not to retard the further ..... of the reference, the provisions of order 22 c.p.c. and the provisions of the limitation act for bringing on record the heirs of the deceased party will apply.for taking the above view, we have derived support from the decision of the constitution bench of ..... in favour of the heirs of the deceased claimant.8. we also make it clear that while the provisions of the limitation act may not be applicable to the reference to be made under section 18 of the act, once made, in absence of any other provision regarding bringing on record the heirs of a claimant who dies during pendency .....
Tag this Judgment!Court : Gujarat
Decided on : Feb-19-2009
Reported in : AIR2009Guj100
..... or other measures specified in sub-section (4) of section 13 of the act, it had become necessary to amend the provisions of the act. consequently, sub-section (3a) was inserted by the enforcement of security interest and recovery of debts laws (amendment) act, 2004 (30 of 2004) with effect from 11.11.2004.7. the ..... relevant provisions which are necessary for our consideration are extracted hereunder:13. enforcement of security interest.- (1) notwithstanding anything contained in section 69 or section 69a of the transfer of property act, 1882 (4 of 1882 ..... improve recovery by exercising powers to take possession of securities, sell them and reduce non-performing assets by adopting measures for recovery or reconstruction. the act further provides for setting up of asset reconstruction companies which are empowered to take possession of secured assets of the borrower including the right to transfer .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-17-2009
Reported in : (2009)2GLR1150
..... newly elected officebearers elected on seats reserved for scheduled caste/scheduled tribe/s.e.b.c./women. the purpose of making such reservation by the constitutional amendments would be defeated if the elected office-bearers in the local self government are not given such training regarding the procedures to be followed by such public ..... 2) glr 1174:for the purpose of removing a sarpanch from holding the elective office, the officers who are charged with the statutory duties under the act cannot act in such a cursory manner with casual approach so as to curtail or truncate the tenure of the holder of an elective office. the elected representatives ..... the order dated 22nd august, 2007 passed by the district development officer, ahmedabad in exercise of powers under section 57(1) of the gujarat panchayats act, 1993 ('the act') whereby the appellant was removed from the office of sarpanch of village dholera, which order was confirmed by the additional development commissioner by his order dated .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-20-2009
Reported in : (2009)3GLR2167
..... vide order dated 31st august, 2005, insofar as bopal gram panchayat is concerned, the court felt that one more chance should be given to it to amend the mistakes, failing which the court would direct the office to issue show-cause notice to the secretary, bopal gram panchayat, calling upon him as to ..... for committing breach of the statutory provisions relating to health and hygiene of the public as contained in the gujarat panchayats act and other similar legislations including the offences as prescribed under the indian penal code. the said petition came to be disposed of vide judgment and order dated 15th february, 2006. insofar as ..... the appellate authority. the appellate powers of the state government under section 57(3) of the act are delegated to the additional development commissioner by a statutory delegation order contained in notification dated 26-7-1994 as amended from time to time. the additional development commissioner heard the appeals and dismissed all the appeals on .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-20-2009
Reported in : (2009)2GLR1743
..... to record such entry, does not call any interference by this court.8. ms. trusha patel further submitted that section 52 of the transfer of property act read with amendment applicable to state of gujarat merely lays does procedure for registration of notice of lis pendens. it does not confer any rights on the persons seeking such ..... order cancelling the entry of the registered document for lis pendens was under challenge and after considering the provisions of section 52 of the transfer of property act read with amendment for gujarat state, the court observed that once the registration is there pertaining to the property in question it is required of the mamlatdar to enter ..... to get such entry registered. the decision of this court holds the field only to the extent that under section 52 of the transfer of property act read with amendment for gujarat state enables the persons to get such lis pendens registered. it is therefore, rightly said that the essential purpose of this provision is to .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-23-2009
Reported in : 2009(164)LC202(Gujarat); 2009(243)ELT684(Guj); (2009)2GLR1696
..... order dated 8/1/2008 as regards treating the subsequent application as 'deemed to have been filed on 30/5/2007', because, by virtue of amended sub section (6) of section 32f of the act w.e.f., 1/6/2007 settlement commission would have only up to 29/2/2008 to make an order and otherwise the proceedings would ..... applicant earnestly wants to come clean in respect of the clandestine clearances covered by a different show cause notice, the commission grants applicant the liberty to file a fresh and amended application separately in respect of the said show cause notice with the commission. such an application, when filed, will be deemed to have been filed on 30.05.2007 ..... , thus the hearing had taken place within a period of 29 days. thus it was incorrect on part of the petitioners to state that settlement commission could not have acted in accordance with the requirement of provisions. it was further submitted that the first order dated 8/1/2008 had been received by the petitioner on 14/1/2008, .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-25-2009
Reported in : (2009)2GLR1322
..... the option of the board.(6) nothing in this section shall apply to any case where the consent has been accorded to the contract before the commencement of the companies (amendment) act, 1960.4.1. by virtue of the scheme, which is at annexure-c (pages 18 to 23) of petition which has been accepted and approved by the shareholders in the ..... -9-2008 has been filed by one mr. l. m. rathod, c.e.o., declaring on oath that pursuant to the order dated 23-9-2008, advertisement was published in indian express and sandesh on 26-9-2008 and has also produced copy of the advertisement along with an affidavit and also declaring that the notice of hearing of the petition ..... discovered that his appointment was invalid by reason of any defect or disqualification or had terminated by virtue of any provision contained in the act or in the articles. the facts of that case were that a boiler was sold by the company after a decision had been taken in a meeting of the board of directors. the purchaser had no concern .....
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