Court : Gujarat
Reported in : [1995]84CompCas230(Guj)
S.D. Shah, J.1. Mafatlal Industries Limited (hereinafter referred to as 'MIL' for brevity) is the transferee company, which has moved this petition for sanction of this court to the scheme of amalgamation of Mafatlal Fine Spinning and . (hereinafter referred to as 'MFL' for brevity), the transferor company under section 391(2) of the Companies Act, 1956. * * * * 2. The transferor company, MFL, is proposed to be amalgamated with the petitioner company under the following circumstances and for the following reasons : (1) The proposed amalgamation will pave the way for better, more efficient and economic control in the running of operations. (2) Economies in administrative and management costs will improve in combined profitability. (3) The amalgamated company will have the benefit of the combined reserves, manufacturing assets, manpower and cash flows of the two companies. The combined technological, managerial and financial resources are expected to enhance the capability of the amalg...
Tag this Judgment!Court : Gujarat
Reported in : [1995]95CompCas663(Guj)
..... be decided in the context of facts of that case. it also cleared that deprivation by acquisition or taking possession is different from deprivation by reference to police powers because the context of the controversy was that whether in the case of deprivation by acquisition existence of public purpose and concept of adequate compensation are implicit ..... of having a specific authority before a person can be deprived of his property on the ground of statute being for acquisition of property or for conferring police powers on the state or of beneficial or remedial character has been made in the case. the issue about deprivation of property and fulfilment of requirement of ..... natural justice in an appellate body.' 279. the aforesaid view of megarry j. was followed by the ontario high court in canada in cardinal and board of commissioners of police of city of cornwall, in re [1974] 42 dlr (3d) 323. the supreme court of new zealand in wislang v. medical practitioners disciplinary committee [1974] .....
Tag this Judgment!Court : Gujarat
Reported in : 2006CriLJ726
..... under ipc, it may further investigate into the matter, and after the investigation, if the case is found to be not falling into general exceptions, the police may further proceed for investigation by interrogation, etc. therefore, there is no substance in the contention raised that while proceeding for investigation of a complaint in respect ..... atrocities act. the learned app submitted that considering the allegations made in the complaint it cannot be said that there is no prima facie case for investigation by police and, therefore, it was submitted that the complaint may not be quashed by this court at this stage.11. mr. jani, learned counsel appearing for the ..... may also result into dereliction of the statutory duties by the accused petitioners. it was submitted on behalf of the respondents that the investigation by the police in connection with the present complaint cannot be said as without jurisdiction. it was submitted that the present complaint may not be quashed and all petitions .....
Tag this Judgment!Court : Gujarat
Reported in : 1995CriLJ3751; (1996)1GLR219
..... excise, narcotic, customs, revenue, intelligence or any other department of the central government or an officer of similar superior rank of the revenue, drugs control, excise, police or any other department of a state government as is empowered in this behalf by general or special order of the state government. such officer, if he has ..... a peon, sepoy or constable) of the departments of central excise, narcotic, customs, revenue intelligence or any other department of the central government or of the border security force as is empowered in this behalf by general or special order by the central government, or any such officer (being an officer superior in rank to ..... of gazetted rank of the departments of central excise, narcotics, customs, revenue, intelligence or any other department of the central government or of the border security force as is empowered in this behalf by general or special order by the central government, or any such officer of the revenue, drugs, control, excise .....
Tag this Judgment!Court : Gujarat
Reported in : (2000)3GLR2505
..... 93 under section 267 of the act which was served to the plaintiff on 8.11.93, calling upon the plaintiff to stop the unauthorised construction. police inspector of navrangpura police station was also requested in this behalf. despite the prohibitory order served on the plaintiff, the plaintiff continued illegal activities of unauthorised construction. it is ..... in numerous decisions has held that no consideration should be shown to the builder or any other person where construction is unauthorised. this dicta is now almost bordering the rule of law. stress was laid by the appellant and the prospective allottees of the shops to exercise judicial discretion in moulding the relief such a ..... to be visited by number of people which would lead to abnormal movement of traffic and that really causes the problems for the residents of ahmedabad. neither police is able to manage nor the corporation is able to manage in this regard.29. every year government is collecting crores of rupees by way of vehicles .....
Tag this Judgment!Court : Gujarat
Reported in : 2001CriLJ2209; (2001)1GLR306
..... confidential witnesses, the privilege claimed by the detaining authority cannot be said to be genuine and as held in case of mohmad sarif v. commissioner of police (supra) when the objective facts are assigned for the purpose of coming to subjective satisfaction, in absence of objective facts, satisfaction lead to an ..... , his attempt to arrive at a subjective satisfaction cannot be doubted. 84. if the detaining authority, as argued by shri bhatt, was a senior police officer understanding his responsibilities, and if, he was a sincere officer having highest grit, then he would have asked the sponsoring authority to place the papers ..... takeninto consideration by the detaining authority. with respect to said case, onlythe statements of co-accused have been supplied, but the copies of theprosecution witnesses during police investigation have not been supplied to thepetitioner, and therefore, the state government was requested to supply thesame by representation (annexure : c). again, if we .....
Tag this Judgment!Court : Gujarat
Reported in : (2000)4GLR700
K.M. Mehta, J.1. The petitioner Reserve Bank of India (hereinafterreferred to as `the RBI') is a body Corporate,established by the Reserve Bank of India Act, 1934(hereinafter referred to as `the Act'). The petitionerhas filed this petition under Section 45MC of the Act(Power of Bank to file winding up petition) for windingup of M/s.Piramal Financial Services Limited.(hereinafter referred to as `the respondent Company') andis also non-Banking Financial Institution (N.B.F.C.) andalso for appointment of an Official Liquidator of thesaid Company and also for appointment of a ProvisionalLiquidator of the said Company pending winding uppetition.FACTS:2. In the present petition the petitioner hasaverred in this petition that the petitioner is aregulatory authority for non-banking financial companies(NBFCs) and as such it has power under Chapter III-A i.e.collection and furnishing credit information as amendedby Reserve Bank of India (Amendment) Act, 1997 whichinclude issuing of certificate of...
Tag this Judgment!Court : Gujarat
Reported in : (2004)3GLR2081
C.K. Buch, J.1. This Appeal from Order under O. 43 R. 1(r) of Code of Civil Procedure (CPC for short) is preferred by the appellants- original defendants against the order dated 1.10.2002 (hereinafter referred to as 'impugned order'' passed by ld. 3rd Jt. Civil Judge (S. D.), Nadiad below application exh. 5 in Spl.Civil Suit No. 156/2002. By the impugned order, ld. Civil Judge has allowed the application exh. 5 and has granted prohibitory order restraining the appellants-original defendants from acting for themselves and with their supporters and entering the temple under Vadtal Gadi at Vadtal, Gadhada, Junagadh region under the pretext of carrying of 'Dhoon' without prior permission of the Managing Trust Board or the Government and not to organise any meeting in the above-said areas. Appellant no. 1 is further restrained by the order under challenge from discharging and/or performing any activities as 'Acharya' till final disposal of the suit.2. Being aggrieved and dissatisfied with t...
Tag this Judgment!Court : Gujarat
Reported in : 2006CriLJ2665; (2006)2GLR1526
..... therein by threatening the members and the servants. in view of the same, the petitioner's wife made a complaint on 21.10.2005 to the deputy commissioner of police. and therefore the present petition has been filed. 30.4 the aforesaid facts show that the petitioner is not a property grabber as alleged by the authority. in view ..... , despite the above, respondent no. 2 passed an order of detention under the provisions of the pasa act against the petitioner due to which as mentioned earlier the police had raided the house of the petitioner at an unholy hour and disturbed the peace of the house and the members therein by threatening the members and the servants. ..... act.7. the learned advocate has set out the following facts. he stated that on 21.10.2005 at around 2.30 a.m., a large contingent of police force number around 15 or more forcibly entered his residence ostensibly looking for the arrest of the petitioner pursuant to the detention order purportedly passed under the provisions of the .....
Tag this Judgment!Court : Gujarat
Reported in : (2003)3GLR1899
..... .i. completed the investigation and filed final report. subsequently, the state government withdrawn the consent and started further investigation in the case, by the state police and the court observed that in the facts and circumstances of the issuance of impugned notification withdrawing the consent does not comport ( ) with the known ..... of some accused persons. mr. trivedi has placed reliance upon paras 4 and 5 of the affidavit-in-reply of kantipuri bava, dy. superintendent of police (westernrailway), ahmedabad. it would be appropriate to reproduce the relevant part of the affidavit-in-reply filed in all the applications including misc. cri. ..... not assigned any role to the present petitioner and the role allegedly played by the present petitioner which is narrated by the other witness viz. mobile police jeep driver-mangalji ramjibhai, is totally different. it is submitted that witness murlidhar r. mulchandani having inimical terms and political rivalry, with the present petitioner .....
Tag this Judgment!