Court : Gujarat
Reported in : I(1995)ACC7; 1994ACJ1159; AIR1995Guj98; (1994)2GLR1308
..... frittered away; (iii) victims or their dependants are not again left at the mercy of the society; and (iv) the amount, which is paid by the nationalised insurance companies, serves its purpose and the socio-economic object of the legislation is not defeated.' in para 40-b of the reported decision, the full bench gave directions ..... no reason for the division bench to refer the case to a larger bench cannot be accepted.17. relevant statutory provision. (a) history :in the motor vehicles act, 1939 section 100 to section 110-f were introduced sometime in the year 1957. thereafter the state governments constituted claims tribunal for expeditious disposal of motor accident claims. ..... shall be binding on all courts within the territory of india. article 144 of the constitution provides that all authorities, civil and judicial, in the territory of india shall act in aid of the supreme court. 18. position that emerges from the case law :date of decision of relevant cases may be noted : (1) april 21, .....
Tag this Judgment!Court : Gujarat
Reported in : (2003)3GLR2177
..... did not hand over the site in time to keep the canal running for rabi crop. the department failed and neglected to supply coal which was only available from nationalised quarries in time and there was heavy shortage of diesel. there was heavy interruption of electricity supply. the department itself is to be blamed for delay, and therefore, ..... para 16 - on the question of interest, we think the learned counsel for the appellant is right in placing reliance on section 3(1)(b) of the interest act, the appellant-company (sic) had issued notice on 14-6-1984, demanding payment of the specified amount and interest on that specified amount at the rate of 21% per annum ..... person liable that interest will be claimed to the date of institution of the proceedings' : para 17 in view of this, the learned counsel appearing for the respondent-company could not support the order of the high court in awarding interest from the date of notice, namely 14-6-1984 and not from the date mentioned in the .....
Tag this Judgment!Court : Gujarat
Reported in : IV(2006)ACC345; 2006ACJ2019; AIR2006Guj120; (2006)2GLR1257
..... minimum compensation may be paid every month to the dependents according to their share for the period to which they are entitled.21. the insurance companies are now nationalised and the necessity for awarding lump sum payment to secure the interest of the dependents is no longer there. regular monthly payments could be made through ..... accident.8. the question that falls for consideration is as to at what stage the tribunal is to inquire into objection raised by the insurance company under the act. should such objections be treated as preliminary issue and be decided by the tribunal in the first instance which in the nature of things would ..... and tried accordingly. however, claim under section 140 is triable summarily and expeditiously without requiring the victim to establish death or permanent disability due to any wrongful act, neglect or default or the owner of the vehicle concerned or of any other person. compensation awarded under this provision is being awarded under no fault .....
Tag this Judgment!Court : Gujarat
Reported in : (2001)2GLR964
..... judgment, it is mentioned that sub-section (1) provides that when the government is satisfied that a particular land is needed for a public purpose or for a company, a declaration shall be made 'to that effect'. the satisfaction of the government after consideration of the report, if any, made under section 5a is a condition ..... (2000)iillj648sc (union of india & anr. v. g. ganayutham), para 28, p. 3395. (viii) : air1999sc393 (raunaq international ltd. v. i.v.r. construction ltd, & ors.) . (ix) 1999 (95) company cases 772 (securities and exchange board of india v. alka synthetics ltd. & ors.) (x) 'principles of statutory interpretation' by justice g. p. singh, sixth edition, 1996, p. 6. 27th july ..... the fourth one is again of i.o.c. which was established in 1997, i.e. after the commencement of the act, (4) if the pipelines of private companies are already there in existence and the grant of authorisation in such cases such as reliance petroleum ltd. when it was challenged before the high .....
Tag this Judgment!Court : Gujarat
Reported in : [2007]288ITR572(Guj)
..... of the proposal made by the court and the court may decide the matter in accordance with law. 7. in the matter of kedarnath jute manufacturing co.(supra), the assessee company, which followed the mercantile system of accounting, incurred a liability of rs. 1,49,776.00 on account of sales tax determined to be ..... tax v. sivakami mills ltd. in both of the said judgments, the supreme court has observed that the guarantee commission paid to the banker and the insurance company for ensuring deferred payment of purchase consideration of machinery would constitute revenue expenditure. in light of the said two authoritative pronouncement of the supreme court, the question no ..... court and dismissed the appeal. the assessee being aggrieved by the said judgment of the tribunal, made an application under section 256(1) of the income tax act, 1961 on certain proposed questions. the tribunal after hearing the parties in reference application nos.625/ahd/1987 and 1677/ahd/1994, referred the question nos.1 .....
Tag this Judgment!Court : Gujarat
Reported in : (1982)26CTR(Guj)209; [1982]138ITR143(Guj)
..... . v. northern district valuation board [1950] 2 kb 398 , where it was held that for the purpose of compensation under s. 13(4) of the coal industry nationalisation act, 1946, the 'open market' value of certain mining timber was the value as restricted by a control of timber prices order, is not considered to have any general theoretical ..... be registered and to be regarded as holder of shares subject to the provisions of the articles, inter alia, relating to alienation and transfer of shares of the company. however, reversing the view of the appeal court, it was held that the confidential information contained in the private documents of the directors ought not to be regarded ..... that it was an invariable practice amongst the board of directors to answer reasonable questions put by the purchaser or his adviser when substantial blocks of shares in private companies were placed in market for sale. the executors of the will of the deceased valued the shares at pound 5-10s. a share. in an appeal by .....
Tag this Judgment!Court : Gujarat
Reported in : (2003)184CTR(Guj)312
..... each of the three former partners. 2.3. on 31st jan., 1985, the commissioner of income-tax (cit) issued a show-cause notice under section 263 of the act. the assessee-company submitted its reply dt. 22nd feb., 1985. after considering the same, the cit passed order dt. 12th march, 1985, holding that the order dt. 14th march, 1983 ..... of the fact that whatever goodwill, licenses, tenancy rights, etc. which were enjoyed by the firm before dissolution were taken over by the closely-held private limited company (assessee-company) of which the outgoing partners became directors, we do not think that any detailed inquiry was required to be held by the tribunal about the possible taxes which ..... aforesaid decision has been followed by punjab and haryana high court in cit v. avon cycles (p) ltd. . the calcutta high court has also taken the same view in india jute co. ltd. v. cit : [1989]178itr649(cal) . the decision of karnataka high court of t.t. (p) ltd. (supra) has been approved by the supreme court .....
Tag this Judgment!Court : Gujarat
Reported in : (1996)131CTR(Guj)1
..... further found that the supply of knowhow agreement dt. 30th sept., 1972, was supplementary to the main agreement dt. 29th dec., 1970, entered into between the assessee-company, mettur beardsell ltd. and arvind mills ltd. the tribunal further observed that the assessee was using the trade mark 'tebilized' representing a particular process and had also ..... question no. 2 is accordingly in the affirmative, i.e., in favour of the assessee-company and against the revenue. 16. as far as question no. 3 regarding deductibility of interest paid under s. 220(2) of the it act is concerned, the learned counsel for the assessee fairly stated that the issue was practically covered ..... company. it was held that under the above agreement the assessee did not acquire any asset of advantage of an enduring nature for the benefit of its business, and, therefore, the expenditure incurred for acquiring the benefit under the agreement was held to be a revenue expenditure. 9. thereafter, in the case of empire jute .....
Tag this Judgment!Court : Gujarat
Reported in : 2001(75)ECC525; 2003(156)ELT186(Guj); (2000)3GLR219
..... relief on the condition that the respondent no. 1 deposits the decretal amounts together with interest and costs and allowed the petitioner-company to withdraw such amounts on furnishing bank guarantees of a nationalised bank to the satisfaction of the trial courts. the high court allowed both the appeals on 6-4-1984, setting aside the ..... the dates when they were recovered, until repayments. such recovery could be effected in accordance with law, which means either under section 11 of the central excise act, 1944 or by filing a restitution proceeding under section 144 of the civil procedure code before the court whose orders were set aside in appeal, which appellate orders came ..... interest of 12 per cent on such repayment already fixed by the supreme court in its interim order and the company was liable to pay interest at that rate and not under section 11aa of the act. the chief commissioner was, therefore, requested to consider the instalment facility for the petitioner on that basis. on 21 .....
Tag this Judgment!Court : Gujarat
Reported in : 1991(55)ELT467(Guj)
..... work-sheet which was attached with the show cause notice. the petitioner filed reply to the said show cause notice, stating that packing material used by the cement companies is returned by the buyer and is used again and again. therefore, it was prayed that the demand of excise duty of rs. 15,02,721.00 ..... learned advocate for the petitioner requires to be rejected. 12. however, learned advocate mr. nanavati relied upon the decision of madhya pradesh high court in the case of birla jute . v. union of india & ors., : 1980(6)elt593(mp) . the court has held that price fixation under the cement control order proceeds on the assumption the ..... rights and liabilities created under the repealed statute are not ipso facto terminated. the accrued rights and liabilities are saved unless they are expressly extinguished or the amending act specifically provides to that effect. liability to pay duty of excise arises immediately when excisable goods are removed. (2) rules 10 and 10a or substituted rule 10 .....
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