Court : Gujarat
Reported in : [1995]84CompCas230(Guj)
..... making an order sanctioning the scheme but also at any time thereafter. such power is not conferred on english courts by statute nor was if conferred on indian courts under section 153 of the indian companies act, 1913. section 394(1) further-more authorises the court to make provision for those who dissent from the scheme. in our country, therefore, the role ..... in mind the circumstances prevailing at the time when the meeting was called upon to consider the scheme in question. 37. in alabama, new orleans, texas and pacific junction railway co., in re [1891] 1 ch 213 a detailed statement about the approach of the court to a scheme of amalgamation is to be found. lindley l.j. made ..... to judge upon the commercial merits which in fact is the function of the creditors and members. in this very sense in alabama, new orleans texas and pacific junction railway co., in re [1891] 1 ch 213 it was stated that due weight must be accorded to the fact that the majority has recorded a decision in favour of .....
Tag this Judgment!Court : Gujarat
Reported in : (1995)2GLR1320
..... human existence, not merely according to elegant or dainty modes and habits of living, but according to plain, sober and simple notions among the people living in indian society. to send regularly large volumes of heavy smoke by burning wood pieces or cow-dung cakes in the water-heater which would necessarily travel to the rooms ..... or irritate other persons or to make them angry. the word 'annoyance' as used in clause (c) of sub-section (1) of section 13 of the act includes an act which interferes with the peaceful and reasonable enjoyment of the premises by the adjoining or neighbouring occupiers. in tok healty v. benhan 40, chancery division page 80 the ..... situation, annoyance can be found. so, stated, nuisance can be treated as a specie of annoyance. therefore, all 'nuisance' may be 'annoyance' but all the acts of annoyance may not amount to nuisance. actionable or not, annyoance could be established by reason of the fact that the given conduct interferes with the ordinary comforts and .....
Tag this Judgment!Court : Gujarat
Reported in : (1996)3GLR557
..... evidence before being cross-examined. consequently, in our view, the practice adopted by the learned additional sessions judge is inconsistent with the provisions of section 138 of the indian evidence act and is not permissible in law. on this point, our attention is drawn by the learned a.p.p. to a recent decision of the supreme court in ..... of ranubha for which complaint is filed later. as per f.i.r. ex. 28, it is alleged that at the relevant time, the complainant, velubha mansangji, in company of one shaikh rahimsha allanusha was passing nearby the house of ambavi patel at that time he saw ambavi patel and his two sons, i.e., the present appellants assaulting ..... that is, accused nos. 1 to 5, for offences under section 302 read with section 149 and under sections 326, 324 and 449 read with section 149 of the indian penal code and passed appropriate sentence whereas accused no. 6 - padhiyar vankaji modji was acquitted. original accused nos. 1 to 5, aggrieved by the order of conviction and .....
Tag this Judgment!Court : Gujarat
Reported in : (1996)135CTR(Guj)405; [1996]222ITR68(Guj)
..... cloth and engineering components, respectively. it was pointed out that the excise duty paid on purchase of raw material would make the company entitled to get the deduction under the provisions of section 43b of the act. 5. mr. p.k. kedia, the then deputy commissioner of income-tax (assessment), special range-i, surat, on ..... in view of the policy, the reserve bank of india permits companies to enter into forward contracts for the foreign exchange to be drawn by the companies with a view to limit or regulate exposure of the indian companies. it was specifically pointed out that the company is not engaged in financing business or dealing in foreign exchange. ..... 4. with regard to excise duty, it was pointed out that the petitioner-company has claimed deduction under section 43b of the act in respect of excise duty with .....
Tag this Judgment!Court : Gujarat
Reported in : (1997)1GLR795
..... drug or psychotropic substance has been manufactured, for the possession of which he fails to account satisfactorily.this provision is comparable with section 114, illustration (a) of indian evidence act which reads as under:114. the court may presume the existence of any fact which it thinks likely to have happened, regard being had to the common ..... evidence in respect of fact that in issue. it will only alleviate that burden to discharge which very slight evidence may suffice.18. chapter vii of the indian evidence act refers to burden of proof. under section 103, the burden of proof as to any particular fact lies on that person who wishes the court to believe ..... former a presumption of law and latter of fact. both these phrases have been defined in the indian evidence act, no doubt for the purpose of that act, but section 4 of the prevention of corruption act is in pari materia with the evidence act because it deals with a branch of law of evidence, e.g., presumptions, and, therefore, .....
Tag this Judgment!Court : Gujarat
Reported in : (1997)3GLR2424
..... in that regard and after failing to do so, it would not be open to the prosecution agency to request the court to resort to section 114 of the indian evidence act, 1872 for drawal of presumption regarding compliance with rule 4(3) of the rules.13. the learned appellate judge has found that rule 4(3) of the rules ..... of the rules would be a question of fact. it has to be proved by leading cogent and convincing evidence in that regard. resort to section 114 of the indian evidence act, 1872 can be had only under special circumstances like destruction of the record in that regard after certain specified period or misplacement of the record of the case which ..... post of the memorandum and the specimen impression of the seal in question and the cover should enable the court to raise presumption as to official acts in view of section 114 of the indian evidence act, 1872. the reason therefor is quite simple. in the first place, as rightly held by the learned trial judge, compliance of rule 4(3) .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1997Guj177
..... court and: that is delay, laches andacquiescence. it is the specific case of the plaintiff that p.p. ashar, the chief engineer (works) of the plaintiff-company in his affidavit filed before!he trial court has staled that, the service of thethird defendant were terminated by the plaintiffon june 21. 1994. in paragraph 12 of ..... him unless proper evidence is led that he has disclosed or divulged any secrecy or confidentiality reposed in him while he was in the service with the plaintiff company. the circumstances pointed out by the plaintiff that defendant no. 3, during the course of his employment with the plaintiff, had participated in the meetings relating ..... such that it cannot be understood without the aid of the english law. when a rule of english law receives statutory recognition by the indian legislature, it is the language of the act which determines the scope, uninfluenced by the manner in which the analogous provision comes to be construed narrowly, or otherwise modified, in order .....
Tag this Judgment!Court : Gujarat
Reported in : [1995]95CompCas663(Guj)
..... investments v. securities and exchange board of india (sca no. 5483 of 1996), which also has been heard along with this petition. 3. the petitioner is a company registered under the companies act, 1956, and is having its registered office at ahmedabad. as per the case set out in the petition, in pursuance of notice no. b. 20 of 1996 ..... vis-a-vis the employer and workmen to direct reinstatement with full back wages. obviously, the present is not a case of this nature.' 145. in works manager, central railway v. vishwanath, : (1970)illj351sc , the court was required to consider whether the timekeepers who were preparing pay sheets of workshop staff, maintained leave account, disposed of settlement ..... of customs duty in a case where some one had sent goods from goa to bombay, in 1962, after goa had been liberated and became part of the indian territory. it had ceased to be a foreign state and became a union territory. as it was a transport of goods within the territory of india, a question .....
Tag this Judgment!Court : Gujarat
Reported in : [1998]94CompCas356(Guj); 1998CriLJ10; (1998)1GLR35
..... grounds, consequently, continuation would be abuse of process and unnecessary harassment : (i) that at the relevant time proceedings were initiated under the sick industrial companies (special provisions) act, 1985, and section 22 thereof engrafts an express legal bar in continuing any legal proceeding; (ii) before depositing the cheques in the bank by respondent ..... as to what shall be the nature and contents of such advance intimation. however, relying upon the judgment in electronics trade and technology development corporation ltd. v. indian technologists and engineers (electronics) pvt. ltd. [1996] 86 comp cas 30; [1996] 1 jt 643 (sc), the apex court has clarified in the subsequent ..... does not require any recognition. 8. as regards the second contention, as held by the supreme court in electronics trade and technology development corporation ltd. v. indian technologists and engineers (electronics) pvt. ltd. [1996] 86 comp cas 30; [1996] 1 jt 643 (sc), it is true that after issuance of .....
Tag this Judgment!Court : Gujarat
Reported in : (1998)2GLR1222
..... only because of the parties joined, but also because of the factual background which they share in different complaints allegedly constituting the offence under either the companies act or under the indian penal code.2. as many as 19 accused came to be joined in different complaints in respect of which, in all, aforesaid 13 petitions have been ..... and its directors from nos. 2 to 6 could not be held responsible.6. so far as the complaints are concerned, either it be under the companies act or under the indian penal code, the averments made are identical and except for the change to be found as to the reference of provisions constituting the alleged offences either under ..... the companies act or under the indian penal code and this is the only difference to be found between the two sets of complaints.7. in this background, all the matters are .....
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