Court : Gujarat
Reported in : (2004)2GLR1211
..... is not applicable generally but which applies to a particular or specific subject or class of subjects. section 41 of indian penal code stands on the same footing and defines the phrase 'special law'. sometimes, a particular act or part of a procedural law may be considered as general and can be given effect to with reference to some ..... not an economic offence within the meaning of the economic offence so far as the applicability of limitation act, but still it is an offence falling within the compass of offences against property within the meaning of chapter xvii of indian penal code. without entering into the point whether existence of mens rea is required to be brought ..... special law in relation to crime in connection with the said law. but still, the law as regards stamp act will be a general law. the court is aware that the expression 'special law' defined in section 41 of indian penal code cannot be taken to mean only enactment which creates fresh offences not made punishable under the .....
Tag this Judgment!Court : Gujarat
Reported in : 2004CriLJ3786
..... any convict in any other law where other applicable independent provisions are existing as the offence punishable under section 138 of the ni act is distinctly different from the normal offences made punishable under chapter xvii of ipc (i.e. the offences qua property).31. in the circumstances, it is hereby declared that the compromise arrived between the ..... and it would be wrong to hold that at revisional stage, the nature of offence punishable under section 138 of the ni act should be treated as if the same is falling under table-ii of section 320 ipc. it will be difficult to accept the proposition putforward by ms. joshi learned app that even if the offence made ..... not applicable generally but which applies to a particular or specific subject or class of subjects. section 41 of indian penal code stands on the same footing and defines the phrase 'special law'. sometimes, a particular act or part of a procedural law may be considered as general and can be given effect to with reference to .....
Tag this Judgment!Court : Gujarat
Reported in : [2005(106)FLR93]; (2004)3GLR2035; (2005)ILLJ960Guj
..... character, inasmuch as the same are framed under the powers conferred under section 19 read with sub-section (2) of section 12 of the banking companies (acquisition and transfer of undertakings) act, 1970. he submitted that the settlement has become part of the statute. the learned advocate relied upon a judgment of the hon'ble the apex ..... -6-1995 by the representatives of all india bank officers' confederation (a.i.b.o.c.), all india bank officers' association (a.i.b.o.a.) and indian national bank officers' congress (i.n.b.o.c.), thereby a package, which was worked out to be the basis for salary revision for officers in public sector banks ..... were paid gratuity on the basis of pay which they were drawing on the date of their retirement. subsequently, a settlement was arrived at between the management and the indian banks' association (i.b.a.), and accordingly, the respondent-central bank of india, on july 14, 1995, framed regulations for salary revision for its officer-employees governed .....
Tag this Judgment!Court : Gujarat
Reported in : (2005)193CTR(Guj)370; [2005]277ITR363(Guj)
..... . we bring it to your notice that, in view of the dispute, you are under obligation to keep the amount deposited, as provided in section 269ug of indian it act, 1961. in spite hereof, if any amounts are disbursed, the central government shall alone be responsible for the losses and damages, as we will sustain and we ..... view of the above consensus between the vendors and the purchasers, all of whom are now agreeable to the order of purchase dt. 13th sept., 1996, being operated, acted upon and implemented, the challenges raised in these petitions are not required to be examined and the petitions are accordingly disposed of in terms of the following directions :(i) ..... shah, j.1. all these petitions pertain to the order of purchase dt. 13th sept., 1996 passed by the appropriate authority at ahmedabad under section 269ud of the it act, 1961. although the petitioners are not required to be decided on merits for the reasons stated hereafter, it is necessary to refer to the basic facts for the purpose .....
Tag this Judgment!Court : Gujarat
Reported in : (2004)2GLR568; (2004)IIILLJ259Guj
..... (supra). it was submitted that the government has set up a corporation in the name of gujarat state forest department corporation ltd. which is a government company and the activities of the corporation are clearly industrial activities. the learned counsel relied upon the budget estimates of the forest department to point out that it ..... the above proposition, we may try to briefly undertake the exercise in the context of the subject of 'forest' at srl.no.1. the indian forests act, 1927 is the law relating to the forests, the transit of forest produce and the duty leviable on timber and other forest produce. chapter ii of that ..... of goods in the secondary economic sector would be by construction and manufacturing. construction will be the forming of structures from extracted material, such as, building of roads, railways, docks, ships, houses etc. manufacturing would be processing of raw materials into finished goods, such as, making of clothes, cars, tvs, drinks. the output of services .....
Tag this Judgment!Court : Gujarat
Reported in : [2005]125CompCas765(Guj); [2004]56SCL133(Guj)
..... declared as encroachers and/or trespassers and being in illegal occupation of the premises be removed, if necessary with the assistance of the police.10. the company is a company registered under the companies act, 1913. it had taken on 11-11-1918 the land on lease from one shri gordhandas gulabdas patel, who was the grandfather of the present respondent ..... applicant i.e. the official liquidator on the basis of provisions of section 13(1)(e) and section 13(1)(ee) of the rent act as well as section 23 of the indian contract act. it was submitted that the subsequent order dated 22-01-2002 made by this court staying the operation of earlier order dated 17-01- ..... put liberal construction on section 446(2) so as to widen the jurisdiction of the high court in dealing with all questions arising in winding up. under the companies act, 1956, jurisdiction is conferred upon the high court alone to entertain winding-up proceeding. it is in the interest of all concerned that winding-up proceeding shall be .....
Tag this Judgment!Court : Gujarat
Reported in : (2004)3GLR2008
..... had filed up, signed and submitted an application to the applicant company for introducing himself in the scheme offered by the company.5. it is the case of the applicants that according to the scheme of the company each point is equal to one indian rupee and the customer can use the amount for purchasing the mobile ..... reads as under.:'constitution of india, art.226 - cognizable offence - quashing of investigation - complaint alleging commission of offence under s.5(1) of prevention of corruption act - challenge as to matter relating to serious disputed facts yet to be investigated - non-filing of written statement by state - stage premature - investigation cannot be quashed ..... of the allegations made in the fir or the complaint and that the extraordinary or inherent powers do not confer an arbitrary jurisdiction on the court to act according to its whim or caprice.' 10. we respectfully record our concurrence therewith. criminal proceedings, in the normal course of events ought not to be .....
Tag this Judgment!Court : Gujarat
Reported in : (2004)2GLR1393
..... of the instructions given to him by the district education officer for the offences punishable under sections 306, 119, 420, 409, 467, 468, 471 read with 120(b) of the indian penal code. in the complaint, the present petitioner and three other persons are named as the accused at present. one of the submissions of the petitioner is that she is ..... and seized all the records of the school, which is a minority institution, without any authority. the entire affair which was started on 8th april, 2004, has resulted into an act of filing a false complaint on vague allegations. mr. k.s. nanavati, learned senior counsel appearing for nanavati associates, has pointed out that as per the case of the prosecution .....
Tag this Judgment!Court : Gujarat
Reported in : (2004)2GLR1642
..... act. the respondent insurance company is one of such acquiring companies. a perusal of the provisions of the act makes it evident that it is only the acquiring ..... out the business of general insurance in the country. under section 24 of the act, the acquiring companies were given the exclusive privilege to carry on general insurance business in india. under section 3(a) of the act, an acquiring company has been defined to mean any indian insurance company in which any other company has been merged in pursuance of the amalgamation scheme formulated under the .....
Tag this Judgment!Court : Gujarat
Reported in : AIR2004Guj362; (2004)2GLR1744
..... of rs. 15,50,000 fothwith.2. the brief facts giving rise to this present appeal from order are as under :-2.1. the appellant is being a government company engaged in the work of public distribution system, invited tenders for purchase of 1025 metric tonnes ('m.t.' for short) of bengal gram (whole) to fulfill the requirement ..... been made out, without being concerned about the balance of convenience, the public interest and a host of other consideration is deprecated. even in the case of council for indian school certificate examination v. isha mittal and another reported in (2000) 7 s.c.c. 521, the hon'ble supreme court has held that it is the ..... . he has further submitted that on an anonymous complaint to the municipal commissioner, a.m.c., once again the samples were collected independently under the p.f.a. act by the municipal health authorities (food inspectors) and again, it was found confirming to the standards prescribed by the law and, therefore, it was submitted that the rejection .....
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