Court : Gujarat
Reported in : (2006)200CTR(Guj)276; [2006]28ITR132(Guj)
..... such business as on the valuation date and making such adjustments therein as may be prescribed. similar provision is made where the assessee carries on the business as a company.sub-section (4) provides that notwithstanding anything contained in sub-section (1), the value of a house belonging to the assessee and exclusively used by him for ..... is wholly or mainly used for residential purposes and it also appears that the property in question was being used for non-residential purposes (tenants being bank of india, indian airlines and oriental insurance co. - pages 79 and 80 of the paperbook), but at the same time, the wealth-tax rules, 1957 do not contain any specific ..... 1. in these two references at the instance of the revenue, the income-tax appellate tribunal, ahmedabad bench 'a', under section 27(1) of the wealth-tax act, 1957 ('the act' for short), has referred the following common questions of law for our opinion for the assessment years 1981-82 and 1982-83:'(1) whether, the tribunal is .....
Tag this Judgment!Court : Gujarat
Reported in : (2004)2GLR1545
..... in the affidavit that one arvind banerjee and maheep pandey, who are at serial nos. 6 and 7 in the list of members of the advisory council are from indian institute of management, ahmedabad, and persons at serial nos. 1, 2 and 3 were practising lawyers before their arrest. it is clarified that this advisory council was ..... no. 3 were within the power of a superintendent and they were able to ventilate their grievances freely and their suggestions to minimise the hardships were being effectively acted upon. if the contents of the affidavit filed by the petitioners are appreciated in the light of the actions taken by respondent no. 3 and changes made ..... by respondent nos. 1 and 2. according to respondent no. 3 after joining as superintendent of central jail, sabarmati, he had studied carefully the provisions of prisons act, bombay jail manual and committee rules for superintendence and management of jails. it is also claimed that he has studied some of the judicial pronouncements of the apex .....
Tag this Judgment!Court : Gujarat
Reported in : [2005]125CompCas740(Guj); (2005)1GLR166; [2004]56SCL409(Guj)
..... position in law is well settled, the court is empowered to exercise all the powers available to it under the companies act,1956, including those available to the court under section 391 read with section 394 of the companies act,1956.18. company petition no.2 of 1998 pertains to proceedings subsequent to receipt of the board opinion dated 31/12/1997 recommending ..... opinion so submitted by the board and decide as to whether it should proceed and cause to proceed with the winding up of the sick industrial company, in accordance with the provisions of the companies act. this is clear by the use of the words, 'and may proceed and cause to proceed' in sub-section (2) of section 20 ..... no. 2 of 1998 issued the following directions :'a company petitions nos. 2 of 1998 and 65 of 1998 are admitted. necessary advertisements shall issue in the indian express, english daily and jansatta, gujarati daily at the cost of the i.d.b.i., who acted as operating agency before the b.i.f.r., in such a manner that .....
Tag this Judgment!Court : Gujarat
Reported in : (2005)1GLR361
..... a single statement either from the complaint or from the verification recorded by the learned magistrate. the contents of the form no.29 maintained under the provisions of the companies act, 1956, by themselves would not help the complainant at this stage and it would be wrong to infer that the contents of form no.29 would shift the ..... 2) [(1971) 1 wlr 1062] observed : 'one must not, of course, construe even a reserved judgment of russell, l.j. as if it were an act of parliament.' in herrington v. british railways board [ 1972 (2) wlr 537] lord morris said :'there is always peril in treating the words of a speech or judgment as though they are words in ..... of cheating and are liable to be punished under section 420/120-b, ipc. all the accused persons are also responsible for the dishonourment of the cheques under the negotiable instruments act and all are liable to be punished for the offences committed under section 138, ni act. all the accused persons have failed to make the payment of the .....
Tag this Judgment!Court : Gujarat
Reported in : II(2005)ACC185; 2005ACJ191; AIR2004Guj370; (2004)3GLR2206
..... (1901) a.c. 396, was cited for the proposition that there was no obligation on the part of the railway to carry the passengers safely. in that case, the respondent had sued to recover ..... done under section 109 of the act, had a good deal of force, but it was of no avail to the plaintiff, because, the assistant station master had deposed that the vehicle could easily accommodate 45 persons and was not overcrowded.[b] the decision of the privy council in east indian railway company v. kalidas mukerjee, reported in ..... that the compartments should not be overcrowded. he submitted that, under section 63 of the indian railways act, 1890 (which was applicable in the instant case, since the accident occurred prior to the coming into force of the railways act, 1989), the railway administration was bound to fix and display the maximum number of passengers that may be .....
Tag this Judgment!Court : Gujarat
Reported in : AIR2005Guj13
..... and therefore the contention of the petitioner cannot be accepted.9.5 i have considered the recent judgment of the hon'ble apex court in the case of indian railway construction co. ltd. vs. ajay kumar reported in air 2003 sc 1843. the hon'ble apex court laid down the principle for judicial review of administrative ..... higher price was offered in appeal before the high court. though the court was concerned with sale of property in public auction under cpc and not under companies act, it applied the same principles for setting aside the impugned sale. the sale confirmed in 1982 was set aside in 1997 considering the offers made and the ..... the basis of its intrinsic value. a bare comparison of the report on record with any valuation report obtained in any sale procedure either under the companies act, co-operative societies act or civil procedure code would clearly expose the ineptness and inaccuracy in the said report. the report was completely unreliable for the purpose of confirmation of sale .....
Tag this Judgment!Court : Gujarat
Reported in : 2005(1)ALD(Cri)3; I(2005)BC471; 2004CriLJ3628; (2005)1GLR638
..... sc 1952;(ii) goaplast pvt. ltd. v. shri chico ursula d'souza and another, air 2003 sc 2035;(iii) (m/s.) dada silk mills and others v. indian overseas bank and banking co., surat and another, 1995 (1) glh 458 (gujarat high court);(iv) g. venkataramanaiah v. sillakollu venkateswarlu and another, 1999 (2) crimes ..... of 2003 is filed in the court of learned judicial magistrate, first class, ahmedabad (rural) for commission of alleged offence under section 138 of negotiable instruments act ('the act' for short) in which process has been issued, has prayed to quash and set aside the complaint and process issued thereunder, on the grounds stated in ..... the impugned complaint in the court of learned judicial magistrate, first class, ahmedabad (rural) for commission of the alleged offence punishable under section 138 of the act and the learned magistrate has issued summons against the accused.3.(iv) according to the accused, the complainant has also filed two other criminal complaints for commission .....
Tag this Judgment!Court : Gujarat
Reported in : (2005)2GLR1266
..... civil courtshall not be justified in entertaining this suitand giving the declaration without directing theparty to avail of the remedy provided under theindian electricity act and the indian electricity(supply) act and the instructions issued by theboard in that behalf from time to time as statedabove.' 14. he submitted that, besides in the application ..... wherein it is contended that the suit is not maintainable, that the present case is governed by the provisions of the old act; that vigilance officers of the company in their visit to the plaintiff's premises on 02.04.2004 had found that he was dishonestly extracting and consuming energy, ..... of the constitution andprinciples of natural justice.'12. the learned advocate then referred to 'clause 15 of part i' of the conditions which empowers the respondent-company to demand 'security deposit', in the present case rs.5400/-, as security deposit is demanded. the learned advocatesubmittedthat,various contingencies are mentioned in clause 15 .....
Tag this Judgment!Court : Gujarat
Reported in : [2004]122CompCas967(Guj); [2005]63SCL558(Guj)
..... title over the said shop by legal process he is not entitled to take over the said shop in his custody and such a summons under sec.456 of the companies act is not maintainable and hence it requires to be dismissed. it is reiterated that respondent no. 9 and his son are the bonafide purchasers for value without notice. it is ..... to himself, or to himself and one or more other living persons; and 'to transfer property' is to perform such act. the word 'transfer' is defined with reference to the word 'convey'. the word 'conveys' in sec.5 of the indian act is used in the wider sense. transferor must have an interest in the property. he cannot sever himself from it and ..... yet convey it. in view of the same, once the person is owner or has interest in the property, the same can be conveyed or transferred under sec.5 read with principle of sale of goods act. if .....
Tag this Judgment!Court : Gujarat
Reported in : [2005]126CompCas666(Guj); [2004]56SCL456(Guj)
..... from the gurantor. he also submitted that as such in such a situation, the provisions of the act cannot be invoked and the proper steps are required to be taken under indian succession act and other relevant provisions of the act and, therefore, he submitted that in absence of action being taken by the bank, the present ..... purchaser of the property in question. mr. kapadia, learned counsel appearing for the petitioner, has also raised the contention that as per the provisions of the act, the notice is required to be served to the borrower and the borrower includes the guarantor but the guarantor has expired long back. he submitted that ..... action of the bank cannot be maintained. in my view, it may not be required for this court to examine such question in view of the express remedy available to the petitioner under section 17 of the act .....
Tag this Judgment!