Court : Gujarat
Reported in : [2002]108CompCas747(Guj)
..... all or any of the remedies as may be advisable to the creditor as per legal advice. there is nothing in the provisions of the companies act or the indian contract act prohibiting the delegation of the power to take any decision as regards the remedies to be pursued by the constituted attorney or the authorised agent against a ..... any prejudice is being caused to the other party which may be compensated by costs or otherwise. a balance has to be struck between two warring parties. if amendment of the petition can be allowed, there does not seem to be any reason as to why a defective affidavit verifying the petition cannot be rectified. the court ..... petitioner') has filed company petition no. 186 of 2000 for winding up of the appellant-company under the provisions of sections 433, 434 and 439 of the companies act, 1956 ('the act). upon service of notice, the appellant-company appeared and filed affidavit in reply dated 28-2-2001, raising the following preliminary contentions : (i) there is no .....
Tag this Judgment!Court : Gujarat
Reported in : (2001)2GLR1587
..... .55. the important task of the court is to maintain a balance between liberty and authority. by the term, 'liberty', as employed in the provision of 14th amendment in u.s. constitution, something more is meant than mere freedom from physical restraint or the bounds of a prison. it means freedom to go where one may ..... police station, bhavnagar city, finding him a dangerous person, as defined in section (2) clause (c) of the p.a.s.a. act and chieftain of gang frequently committing offences under indian penal code.7. the petitioner-detenu was supplied with the grounds of detention along with documents running into 93 pages on the same day i.e ..... of life. art. 3 of the universal declaration of human rights provides : 'every one has right to life, liberty and security of person,'article 21 of the indian constitution provides :'no person shall be deprived of his life or personal liberty except according to procedure established by law.'liberty is a dynamic concept, therefore, continual research .....
Tag this Judgment!Court : Gujarat
Reported in : (2001)3GLR2593
..... on life or death cannot be left for ad hoc mood or individual predilection and so we have sought to objectify to the extent possible, abandoning retributive ruthlessness, amending the deterrent creed and accenting the trend against the extreme and irrevocable penalty of putting out life.' 49. in the case of ravji @ ram chandra v. state ..... and her tender child by the accused. the apex court in para 26 pointed out as under :'let us crystallise the positive indicators against death sentence under indian law currently. where the murderer is too young or too old, the clemency of penal justice helps him. where the offender suffers from socio-economic, psychic ..... have received the benefit of life imprisonment or if the offence is only constructive, being under section 302 read with section 149, or again the accused has acted suddenly under another's instigation, without premeditation, perhaps the court may humanely opt for life, even like where a just cause or real suspicion of wifely infidelity .....
Tag this Judgment!Court : Gujarat
Reported in : (2001)171CTR(Guj)376; [2002]253ITR496(Guj)
..... of cit v. yoganand textiles : [1993]202itr869(guj) stated thus (page 876):'section 10(4)(b) of the indian income-tax act, 1922, which corresponds to the provisions of section 40(b) of the said act was introduced by the amendment act of 1939. until then, it appears that the state of the law on the subject was far from satisfactory because ..... later case, the courts must carefully try to ascertain the true principle laid down by the decision of this court and not to pick out words or sentencesfrom the judgment, divorced from the context of the questions under consideration by this court, to support their reasonings. in madhav rao jivaji rao scindia bahadur v. union of india : [1971] ..... truncated manner. it is stated (page 320) :'it is neither desirable nor permissible to pick out a word or a sentence from the judgment of this court, divorced from the context of the question under consideration and treat it to be the complete 'law1 declared by this court. the judgment must be read as a whole and .....
Tag this Judgment!Court : Gujarat
Reported in : (2002)1GLR774
..... the said powers to the deputy collector, the first respondent herein, to conduct the election of the board of directors of the first petitioner-bank. the aforesaid amended provisions of the act were challenged by way of filing writ petition wherefrom appeal arose before the hon'ble supreme court. by the order of the hon'ble supreme court for a ..... reported in air 1986 sc 872 3.17 out of the above judgements, he has heavily relied on the judgment of the hon'ble supreme court in the case of indian express particularly paras 113, 114, 118 and 119, 120, 125 and 135 on page 924. in this case, the writ petitions alleging mala fides, pleading of parties ..... be held by the state government only came into existence since the year 1982. section 2(2) of the co-operative societies act provides definition of bye-laws which means 'bye-laws' registered under this act and include registered amendments of such bye-laws. section 2(3) defines 'central bank' which means a co-operative bank, the objects of which .....
Tag this Judgment!Court : Gujarat
Reported in : (2007)212CTR(Guj)195
..... rate; or(c) where such income has been made the subject of excessive relief under this act or under the indian income-tax act, 1922 (11 of 1922); or(d) where excessive loss or depreciation allowance or any other allowance under this act has been computed. explanation 2: production before the income-tax officer of account books or ..... or that the i.t.o. has any information in his possession after the assessment order that the income chargeable to tax has escaped his notice. after amendment in the provisions of section 147, those conditions are no longer required to be fulfilled if the notice for reopening of the assessment has been issued within ..... parallel proceedings'. admittedly, there is no bar under the provisions for parallel proceedings in consequence of notice under section 148 and notice under section 263 of the act. after issuance of notice under section 148, the assessing officer himself can pass a fresh assessment order and under section 263 if the original assessment order of .....
Tag this Judgment!Court : Gujarat
Reported in : (2001)168CTR(Guj)621; [2001]251ITR433(Guj)
..... on the decision in mugneerum bangur : [1965]57itr299(sc) , and since the said case dealt with the provisions of section 10(2)(vii), proviso (ii), of the 1922 act prior to amendment, the said circular has no application and that the matter was governed by the decision in b. m. kharwar : [1969]72itr603(sc) . the view of the tribunal was ..... to capital gains if the transfer of capital assets is by a company to its wholly owned subsidiary company and the holding company as well as the subsidiary company are indian companies. 50. in view of the above discussion, our answer to question no. 1 is in the negative to the above extent, i.e., in favour of the ..... of break-up of the aggregate value is available. (c) all transfers are as going concerns by the assessee, as a holding company to 100 per cent, wholly owned indian subsidiary companies and all assets are transferred at book value. (d) the tribunal's order, particularly the order of the third learned member of the tribunal, gives an undisputed .....
Tag this Judgment!Court : Gujarat
Reported in : (2001)3GLR2415
..... .o.f.e.p.o.s.a. was placed in the ninth schedule at entry no. 104 by the constitution (39th amendment) act, 1975 and its amendments, by central act 13 of 1976 at sl. no. 129 and the s.a.f.e.m.a. at sl. no. 127 of ..... the petition, it was stated by him that the detention will be separately challenged by the petitioner. in that petition, the constitution (40th amendment) act, 1976, the s.a.f.e.m.a. and the c.o.f.e.p.o.s.a. were challenged while challenging the ..... had challenged the order of his detention on various grounds in special civil application no. 2051 of 1979. however, the constitution 42nd amendment act of 1976 made it impossible for the detenu to challenge the orders of detention on any of the grounds permissible under part iii of ..... article 32, points not agitated before the high court under article 226 can be agitated. (e) the decision of the supreme court in indian oil corporation ltd. v. state of bihar and ors., reported in air 1986 sc 1780 was cited to point out that it was .....
Tag this Judgment!Court : Gujarat
Reported in : [2001(91)FLR660]; (2001)2GLR1626; (2001)IILLJ1007Guj
..... question about petitioner, who is a teacher, being not an 'employee' and, therefore, being not covered under the p. g. act, and questions of applicability of the act as such and in the alternative interpretation of the amended portion of clause 'e' of section 2, which reads, 'but does not include any such person who holds a post under the ..... each case from the nature of the duties whether a person employed is a workman or not, under the definition of that word as it existed before the amendment of 1956. the nature of the duties of mukerjee is not in dispute in this case and the only question therefore is whether looking to the nature of ..... be easily taken. teachers belong to an intellectual class who are trained and qualified to impart education to the students who are, as the word corresponding to student in indian language shows, seekers of knowledge. the education is imparted in class rooms by means of lectures or tutorials. in technical subjects, practicals are held in the laboratories .....
Tag this Judgment!Court : Gujarat
Reported in : [2001]107CompCas487(Guj); (2002)4GLR3688
..... spite of ample opportunities given to the petitioners, no scheme for rehabilitation was presented. the presentation of scheme for rehabilitation by way of draft amendment in the main petitions is nothing but a further attempt to continue the proceedings and thereby to take advantage of the provisions of sica.22. ..... obtain appropriate orders from this court in case of any difficulty.the hearing of the aforesaid company petitions to be advertised in gujarat samachar and indian express, both ahmedabad editions. publi-cation in government gazette is dispensed with. the expenses for the advertisement shall be borne by the operating ..... act'). in the affidavit in support of judge's summons, the petitioner madhu textiles presented a scheme to. rehabilitate. similarly madhu fabrics also presented a scheme to rehabilitate by filing company application no. 446 of 2000 in company petition no. 31 of 2000. both the petitioners also produced the very scheme for rehabilitation by way of draft amendment .....
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