Court : Gujarat
Reported in : [2002]112CompCas291(Guj); [2003]42SCL5(Guj)
..... objections does not indicate any objection of any shareholder which would fall within the parameters for exercise of jurisdiction of this court under sections 391 to 394 of the companies act, 1956, as laid down by the apex court in miheer h. mafatlal v. mafatlal industries ltd. [1996] 87 comp cas 792 ; air 1997 sc 506 ..... for its transformation into a universal bank. icici bank also identified a large capital base and size and scale of operations as key success factors in the indian banking industry and, therefore, icici and icici bank decided to go in for amalgamation of the two entities in view of icici's' significant shareholding in ..... develop a financial institution for providing medium-term and long-term project financing to indian businesses. with the liberalization of the financial sector in india from 1991 onwards, icicidiversified in financial services. particulars about the activities icici and the other transferor-companies are given in para. 16 of the petition.3. icici bank is a .....
Tag this Judgment!Court : Gujarat
Reported in : (2002)IILLJ1034Guj
..... general that the recovery through revenue process is not affected because the cases that come up before the recovery officers are in the nature of bad debt, the firm or company being in bad financial state. as a result, sometimes it appears that the recovery is not affected as it ought to be. however, the advocate general stated that the ..... high court shall take cognizance of a contempt alleged to have been committed in respect of a court subordinate to it where such contempt is an offence punishable under the indian penal code.' at this stage, it would be relevant also to refer to the provisions of article 215 of the constitution which reads as under: 'article 215: every ..... right to work on account of the award having been passed in his favour for reinstatement and in his submission after the enactment of section 17b of the i.d. act (act no. 46 of 1982) which has come into force from august 21, 1984, even the legislature has recognised the right of the workmen to get the wages only pending .....
Tag this Judgment!Court : Gujarat
Reported in : (2002)2GLR1807
..... the contract and for that, the labour court is not bound by any rules or regulations or service conditions of the company or corporation, as the case may be. the court has further observed that the labour court is also having power even ..... the appellant, the appellant was held to be entitled to be absorbed. rejection of the claim of the appellant by the railway board was held to be erroneous. ultimately, considering the number of occasions the appellant had approached the tribunal and the authorities ..... to create the service condition for the workmen. said question has been examined by the andhra pradesh high court in case of indian bank association v. workmen, reported in 1998 (1) llj 233. on page 233 of the report, it has been ..... as under :'21. the matter directly arose before the supreme court in the context of provisions under the industrial disputes act relating to unfair labour practice connected with continued long employment as casual or temporary hand. the claim of workmen to permanent .....
Tag this Judgment!Court : Gujarat
Reported in : (2002)4GLR2981
..... the charge framed or to any superior officer stationed at bhuj. when police had registered the crime for the offence punishable under sec. 302 read with section 114 of ipc than at least there should be some material on record under which it can be said that the complaint under sec. 114 was erroneously lodged.5. mr. raval has ..... 1.00am.2. on completion of investigation of the crime, the police has charge-sheeted respondent no. 2-dhaval thakkar for the offence punishable under sec. 302 of ipc and he has been committed to the court of sessions by the concerned magistrate. the respondent no. 2-accused is facing trial at present for the said offence in ..... bus they boarded proceeding towards village mundra, the behavior of the accused to take his sister chandani and mother at their residence and bolting the doors from outside, his act of fetching scooter from his friend, his conduct of giving clothes to one another friend and his conduct to abscond from the town bhuj on the suggestions from one .....
Tag this Judgment!Court : Gujarat
Reported in : (2002)3GLR673
..... entered into a contract, that contract itself was a void contract and void contract cannot be enforced. as per section 28 of the indian contract act, the existence of such a contract shall be a bar to the suit.20. in view of this legal position though plaintiffs case is worth for ..... the plaintiff also prayed for an interim mandatory injunction directing the defendant no. 1 to initiate the proceedings before the defendant no. 2 for the provisions under the act and also to furnish all necessary information and produce all the documents and make a representation before defendant no. 2 for disposal of the application under section 20 of ..... third party and also from transferring the actual physical possession of the suit land to any third party.[f] for perpetual prohibitory injunction restraining defendant no. 1 from acting against the terms and conditions of agreement for sale dated 31-1-1978.[g] for perpetual prohibitory injunction restraining defendant no. 2 disposing the u.l.c. application .....
Tag this Judgment!Court : Gujarat
Reported in : AIR2002Guj404; (2002)2GLR1480; (2002)2GLR569
..... which is filed under order 43, rule 1(r) of the code of civil procedure ('the code' for short), appellant-mardia chemicals limited a company registered under the provisions of the companies act, 1956 ('the companies act' for short) seeks to challenge the order dated march 20, 2002 recorded below application exh. 5 of special civil suit no. 18 of 2002 ..... s case and the contentions raised in the written statement by the defendants, in a nutshell, which are as under : 4.1. the plaintiff is a company registered under the provisions of the companies act whereas defendant no. 2 is a statutory body and defendant no. 1 is the superintending engineer of defendant no. 2 at surendranagar. the plaintiff ..... at this stage, it would be appropriate to refer to the latest judgment of the supreme court in the case of grid corporation of orissa limited v. indian charge chrome limited, 1998 (5) scc 438 wherein the supreme court has held that at the interim stage, court should bear in mind whether prima facie .....
Tag this Judgment!Court : Gujarat
Reported in : [2002]111CompCas118(Guj)
..... edition, under the heading 'protection of dissenters' it is observed that:'in describing the function of the court when asked to sanction the scheme under the predecessor of the companies act, 1985, section 425, lindley lj said :'...what the court has to do is to see, first of all, that the provisions of that statute have been complied with ..... papers voted 'for' the scheme they attached with the ballot papers their letter dated 12-7-2001 (in case of state bank of india) and in case of indian bank writing on the ballot paper itself stating that they were approving the scheme subject to condition mentioned in their letters/comments on the ballot papers. thus, these ..... class of creditors for the purpose of meeting convened on 13-7-2001. thus, there is no distinction kept between secured creditors lending either in foreign currency or indian currency. in other words the foreign currency lenders were not treated as a distinct group/class. it is also the say of objector no. 1 in particular that .....
Tag this Judgment!Court : Gujarat
Reported in : 2002CriLJ3465; (2002)3GLR589
..... aforesaid complaint stating that the contesting respondent is the regional manager of vadodara branch office of the bombay intelligence security india pvt. ltd. which has been registered as a company under the companies act, 1956. that the petitioners herein are the officers of the gujarat industrial development corporation. the respondent also alleged that the petitioners herein had contacted the respondent stating that the .....
Tag this Judgment!Court : Gujarat
Reported in : (2002)3GLR492
..... alleged sale is a concocted story to defraud the claim of the petitioner.' 10. according to mr. bhaumik, proceedings initiated under the provisions of the companies act are totally independent and more than one parallel proceedings provided under the law can be initiated and there was no bar in filing criminal complaint as ..... before the court and one of them had even resorted to winding-up proceedings against the other under the provisions of the companies act and complainant company came with an excuse that his responsible officer was cheated and unauthorised officer was given share certificates worth rs. 50 lacs without joining ..... grievance or dissatisfaction was expressed against methodology and the procedure adopted by the ellisbridge police station while investigating in connection with the complaint filed by the petitioner company. but for formal vacation of the interim stay granted by this court in spl. criminal application no. 927 of 1997, ellisbridge police submitted report under .....
Tag this Judgment!Court : Gujarat
Reported in : (2002)3GLR624
..... is preferred in the london court, it will not be a ground for quashing the complaint. mr. shanti bhushan submitted that a petition under section 391 of the companies act cannot have any impact on prosecution. it will have only civil impact.16.4 mr. shanti bhushan submitted that so tar as other contentions are concerned, they are ..... be appropriate to consider the offence for which the process is ordered to be issued. the offences are under sections 409, 421, 424 read with 120b of the indian penal code. the main offence is criminal breach of trust as defined under section 405 of i.p.c. it was contended that there is nothing to indicate ..... i.c.i. limited and arvind mills limited along with their respective directors and officers for offences punishable under sections 409, 421 and 424 read with section 120b of indian penal code. learned metropolitan magistrate, court no. 18, ahmedabad, passed an order on 7-6-2001, directing registration of complaint and issuance of summons for offences punishable .....
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