Court : Gujarat
Reported in : (1972)0GLR519; (1973)ILLJ143Guj
..... . 19, the supreme court held in state trading corporation of india v. commercial tax officer, a.i.r. 1963 s.c. 1811, that a company registered under the indian companies act is not a citizen within the meaning of art. 19 of the constitution and cannot ask for the enforcement of fundamental rights granted to citizens under the ..... said article. 7. the above decision of the supreme court still holds the field and in the instant case the petitioner is a limited company and, ..... declared any bonus for its employees. the respondent-union made a demand for the payment of minimum bonus under s. 10 of the bonus act from the petitioner-company. as the petitioner-company did not agree to that demand, dispute was referred to the conciliation officer but no settlement was arrived at before that officer and thereafter .....
Tag this Judgment!Court : Gujarat
Reported in : (1982)2GLR392
..... the process of court.3. a few relevant facts may be noted in this connection. the petitioner no. 1 is a private limited company registered under the provisions of the indian companies act. the second petitioner is its managing director and third petitioner is its director while the 4th petitioner is the chief executive of the ..... first petitioner company. this company is running a processing house in this city. the company obtains gray cloth from the market and processes the same for ..... is reached on the uncontroverted facts on the record of this case, the result is obvious. the complaints filed against the company for the alleged breach of the provisions of the act would ipso facto become unauthorised and non-maintainable. they would represent an exercise in futility and would clearly amount to a totally .....
Tag this Judgment!Court : Gujarat
Reported in : (1988)1GLR481; (1988)IILLJ534Guj
..... its agencies constituted under statutes such as statutory corporations, etc. in this context we have to consider whether the appellant no. 1 company which is a government company incorporated under the companies act is one such agency or instrumentality through which the government is discharging its obligation under art. 47, which enjoins upon the state ..... , therefore, is opposed to public policy and being opposed to public policy, it is void under section 23 of the indian contract act.' the appellant no. 1 company before us is a government company having units all over the country including ahmedabad. clause 2.18 of the staff regulations forms part of the contract of ..... the companies act fell within the meaning of the expression 'the state' used in art. 12. in b. s. minhas v. statistical institute, (1984-i-llj-671), following the criteria laid down in ajay hasia's case (supra), the supreme court held that the indian statistical institute, a society registered under the societies act, 1860 .....
Tag this Judgment!Court : Gujarat
Reported in : 2004ACJ1657
..... limited company. the gic was formed for the purpose of ..... general insurance business (nationalization) act, 1972. the government of india, through nationalization, took over the shares of 55 indian insurance companies and the undertakings of 52 insurers carrying on general insurance business. general insurance corporation of india (gic) was formed in pursuance of section 9(1) of the act of 1972, and was incorporated on 22nd november 1972 under the companies act, 1956, as a private .....
Tag this Judgment!Court : Gujarat
Reported in : (1992)1GLR654
..... schedule ii enactments repealed (see section 76)_______________________________________________________________________________________year no. enactments extent of repeal(1) (2) (3) (4)_______________________________________________________________________________________1899 ii the indian stamp act, 1899, the whole except insofar as it in its application to the pre- relates to documents specified reorganisation state of in entry ..... the case of non-agricultural land,(i) the general value of non-agricultural land in the vicinity;(ii) facilities such as road, railway station, bus route, shops, market and the like available in the vicinity of the land;(iii) amenities like public offices, hospitals ..... marginal farmer' shall have the meaning assigned to them in section 2 of the gujarat rural debtors relief act, 1976.(b) document executed by any statutory board or government company;(c) conveyance deed to be executed by local bodies such as panchayat, municipality. municipal corporation where .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1985Guj184; (1985)1GLR365
..... for application of the principle of lis pendente contained in s. 52, namely registration of the notice of pendency of such suit under s. 18 of the indian registration act, 1908 has not been satisfied. i do not think that either of these contentions has much substance in it. the first contention is stated for merely rejecting it ..... a similar contention was urged in the case before tile supreme court that the doctrine of lis pendents contained in s. 52 did not operate against the appellant-company which was not bound by the decree obtained against the original tenant. reliance was sought to be placed in support of this contention on the provision contained in ..... be helpful and the trustees of the respondent-trust were entitled to execute tile decree which they had obtained against the original tenant against the sub-tenant the appellant company also. in that view of the matter, therefore, i am of the opinion that both these contentions urged on behalf of respondent no. 2 should be rejected. .....
Tag this Judgment!Court : Gujarat
Reported in : (1994)119CTR(Guj)448; [1994]208ITR515(Guj)
..... this, mr. shah, learned counsel for the assessee, submitted that - (i) the words 'income by way of dividends from an indian company' in clause (viii) of rule 1 of the first schedule to the surtax act are simple words which are to be merely read to be understood : (ii) rule 1 is a part of the charging section ..... the case of specified industries, over and above the other general deductions contemplated by the act. it was further not disputed before us that the assessee being an indian company engaged in the business of generation and distribution of electricity is a company to which the section applies and is entitled to claim the deduction of eight per cent ..... for computing the chargeable profits as provided under rule 1(viii) of the first schedule to the surtax act. however, mr. shah, learned counsel for the assessee, submitted that income by way of dividends from an indian company would mean the income by way of dividend less statutory deductions as provided under section 57 of the income .....
Tag this Judgment!Court : Gujarat
Reported in : [2001]250ITR542(Guj)
..... were contrary views and, therefore,' the matter was referred to the full bench. the learned judges examined various provisions contained in the transfer of property act, registration act, indian stamps act and indian trusts act and in view of the majority opinion, the answer to the first question was in the negative and there was no answer to the second question as ..... contended that : (i) the rental income from the flats was assessable income as 'income from other sources' under section 56 of the income-tax act inasmuch as the assessee-company was not the legal owner of the property in the. flats. such a claim was put forward before the assessing officer mainly on the ground that ..... on a piece of land belonged to the government but had been given on perpetual lease. the name of the original lessee was not known. however, the company known as ansal and sehgal pvt. ltd. entered into an agreement with the lessee and constructed a multi-storeyed building on the said piece of land. the assessee .....
Tag this Judgment!Court : Gujarat
Reported in : [2007]138CompCas717(Guj)
..... that the original petitioning creditor, i.e., shreeji oxygen p. ltd., opponent no. 1 herein, has filed company petition no. 66 of 2002 for winding up of the present applicant-company under sections 433 and 434 of the companies act, 1956, and pursuant to filing of the said petition, this court passed an order on august 25, ..... in presence of secured creditors, if any, as well as the directors of the applicant-company, to take possession of the assets of the applicant-company by exercising his powers as a liquidator conferred on him under the provisions of the companies act, 1956.4. pursuant to the said order, the official liquidator took possession of the ..... condonation of delay and looking to the celebrated principles envisaged by section 5 of the indian limitation act as well as various judgments of the courts taking liberal view while interpreting the provisions of section 5 of the indian limitation act, the court exerciser its discretion in favour of the applicant and condone the delay in .....
Tag this Judgment!Court : Gujarat
Reported in : (2003)3GLR1899
..... the officers serving with the indian railways and of railway protection force (r.p.f.) and gujarat railway police are residing in the neighbourhood of the petitioner. he is running a business in the name and style of awkar dinning hall-a partnership concern and he is also the proprietor of gujarat plastic company which is manufacturing polyethylene bags ..... 338, 328, 438, 320, 307, 120b and 153a of indian penal code read with sections 141 and 150 and 152 of the indian railways act read with sections 3 and 4 of the prevention of damages of public property act and also under section 135 of the bombay police act. on completion of the investigation qua the present petitioners and some ..... shall have to be decided in accordance with law not only in respect of the above-referred offences punishable under i.p.c. read with railway act read with property damages act, but also the offences which came to be invoked subsequently with reference to the provisions of p.o.t.a. in respect of which, further .....
Tag this Judgment!