Court : Gujarat
Reported in : [2002]111CompCas118(Guj)
..... , so it was not an unconditional or blanket support/ or agreement with the scheme.21. in the case of ms. lily thomas advocate v. speaker, lok sabha [1993] 4 scc cases, pg. 234, it is observed :'... voting is formal expression of will or opinion by the person entitled to exercise the right on the subject or ..... 1) is that the company is declared as a relief undertaking and during the period the notifications under section 3(1) of bombay relief undertaking (special provisions) act, 1948 ('bru act') is in force, section 391(1) cannot be invoked.it is the say of the objectors that in view of section 4(1)(a)(iv) which enacts ..... disputes, namely (1) that the company cannot invoke jurisdiction of this court under section 391 as the company is a 'relief undertaking' under the provisions of bombay relief undertaking act, (2) jurisdiction to entertainment this petition, (3) there is no genuine compromise or arrangement, (4) the scheme operates unfairly, while favouring some creditors, the scheme seeks .....
Tag this Judgment!Court : Gujarat
Reported in : (2001)2GLR964
..... to the following amending acts : 1. the constitution (forty-second amendment) act, 1976. 2. the wild life (protection) (amendment) act, 1982 (xxiii of 1982). 3. the wild life (protection) (amendment) act, 1986 (xxviii of 1986). 4. the wild life (protection) (amendment) act, 1991 (xxxxiv of 1991). 5. the wild life (protection) (amendment) act, 1993 (xxvi of 1993). the relevant rules ..... been quoted under para 22 of the said judgment and it has been observed in para 23 that the same view has been reiterated in the case of asia foundation & construction ltd. v. trafalgar house construction (i) ltd., reported in : (1997)1scc738 wherein it was observed that judicial review of contractual transactions by ..... of applying the rule of purposeful interpretation simply does not arise in the present cases and the same is of no avail to the respondents in the present case :(i) 1993 suppl. (1) scc 730 (nirothi lal gupta & ors. v. union of india & ors.), para 7 & 9 at p.741 & 742. (ii) : (1992)iillj744sc ( .....
Tag this Judgment!Court : Gujarat
Reported in : [1996]87CompCas705(Guj)
..... of law relating to eligibility. this was also a case where a decision was affecting the foundation of a particular transaction of like nature by various authorities within the state.60. similarly in bishamber dass kohli v. satya bhalla : [1993]1scr171 , the court was concerned with interpretation of section 13(2)(ii)(b) of ..... matter which needs consideration. a temporary injunction, undoubtedly, does not suspend the rights of the respective parties in the property but prohibits the doing of such acts in respect of the property in question. as noticed above, it was on this principle that the argument was canvassed drawing support from the decisions referred ..... meeting of the shareholders in pursuance of the directions issued by this court on an application having been made under section 391(1) of the companies act though the court ultimately found that even after excluding participation in respect of such unauthorisedly issued shares, the proposed scheme of amalgamation had got the approval .....
Tag this Judgment!Court : Gujarat
Reported in : [2001]107CompCas501(Guj)
..... 's application for stay of proceedings was rejected on the ground that the provisions of the bombay relief undertakings act, 1958 ('bru act'), cannot prevail over the recovery of debts due to banks and financial institutions act, 1993 ('drt act').2. when the petition was called out for hearing mr. m.j. thakore appeared for dr. sonia hurra ..... a case where the authority against whom the writ is filed is shown to have had no jurisdiction or had purported to usurp jurisdiction without any legal foundation.' on a careful consideration and analysis of the various decisions cited before us we find that the following legal propositions emerge :(1) an interlocutory order is ..... before us.5. for the purpose of deciding the controversy at hand we may reproduce the preamble and the provisions of section 4 of the bru act.'an act to make temporary provisions for industrial relations and other matters to enable the state government to conduct, or to provide loan, guarantee or financial assistance for .....
Tag this Judgment!Court : Gujarat
Reported in : (2002)4GLR3331
..... any role. i havealready taken the view in such matters the state ofgujarat is neither necessary nor proper party. in thehigh court of gujarat rules, 1993 i do not find anyprovision where any obligation is there on the litigantin such matters that the state of gujarat has to beimpleaded as party as ..... the offender to the penalliability. what was considered in maharashtratubes ltd. (supra) is whether the remedyprovided in section 29 or 31 of the state financecorporation act, 1951 could be pursuednotwithstanding the ban contained in section 22of the sica. hence the legal principleadumbrated in the said decision is of no avail tothe appellants ..... .------------------------------------------------18. the conclusion which we have to draw isthat if commission of the offence under section138 of the ni act was completed before thecommencement of proceedings under section 22(1)of sica there is no hurdle in any of theprovisions of sica against the maintainabilityand .....
Tag this Judgment!Court : Gujarat
Reported in : (2002)1GLR444
..... recruitment is held for the appropriate post for which any of the appellants holding qualifications which are recognised under the national council for teachers education act, 1993, the concerned authorities shall consider their cases in accordance with law for such appointments.16. the upshot of the aforesaid discussion is that all ..... the learned single judge has wrongly decided the question of breach of principles of natural justice against them.11. the national council for teachers education act, 1993 was enacted to provide for the establishment of the national council for teacher education with a view to achieving planned and co-ordinated development of ..... selection in response to the advertisement inviting applications for recruitment on the post of vidya sahayaks and merely because the national council for teachers education act, 1993 had come into force after obtaining the qualification by them, they could not be terminated from the services more particularly because even at the time .....
Tag this Judgment!Court : Gujarat
Reported in : (2007)3GLR1848
..... .2. kotda deyodar gram panchayat was a gram panchayat duly constituted under the provisions of gujarat panchayats act, 1961 (since repealed) and according to the petitioner, would be deemed to be duly constituted under the provisions of gujarat panchayats act, 1993. the panchayat decided to impose octroi on the goods brought within local limit of the panchayat and ..... passed by the panchayat would not become bad. the judgment in the said matter takes into consideration the provisions of section 135(3) of u.p. municipalities act, 1916, which provides that the board has power to levy tax and procedural defects cannot be recorded as fundamental or invalidating imposition, if no substantial prejudice is caused ..... the other hand, it forgets to look into their own conduct, they not only violated rule 3 and 4 of the rules but after obtaining stay order, acted in very high handed manner and even did not issue notice under rule 4 of the rules.22. special civil application no. 5885 of 1997 filed by the .....
Tag this Judgment!Court : Gujarat
Reported in : [2007]138CompCas204(Guj); [2007]79SCL47(Guj)
..... of insurance business, london market business and personal lines business. from september 1992 the company ceased to write london market business. on 3rd september, 1993, the company transferred its personal lines business to another company. from that date the company had thus been in run-off. the personal lines policies ..... the rights of such ;bank or financial institution shall vest in such company in relation to such financial assets.[3] unless otherwise expressly provided by this act, all contracts, deeds, bonds, agreements, powers-of-attorney, grants of legal representation, permissions, approvals, consents or no-objections under any law or otherwise ..... or arrangement is to be provided to the creditors and members, while section 394 deals with the provisions for facilitating reconstruction and amalgamation of companies act. 17. though details of pleadings, objections and their replies have already been summarized above, but parties have submitted their written arguments and the court .....
Tag this Judgment!Court : Gujarat
Reported in : (2008)2GLR1275
..... have challenged the validity of the notification dated 1.10.2007 issued by the respondent no. 1, in exercise of powers under section 7 of the gujarat panchayats act, 1993 (sthe act for short), whereby, unchidhanal group gram panchayat has been bifurcated and two villages, namely, tuver and veekharan, have been separated from the said group gram panchayat ..... down by the full bench in pruthvisinh amarsinh chauhan v. k.d. rawat and ors. (supra), the provisions of section 7 of the gujarat panchayats act, 1993, are directory, and not mandatory. in the present case, the consultation, as envisaged in sub-section (2) of section 7 of the ..... order to gain political mileage, is without substance. it has been urged by the learned assistant government pleader that the provisions of section 7(2) of the act have been complied with, by engaging in effective and meaningful consultation with the concerned taluka panchayat, district panchayat and the unchidhanal group gram panchayat, before passing the .....
Tag this Judgment!Court : Gujarat
Reported in : (2005)3GLR2621
..... replied to the district development officer vide her letter dated 13.4.2005 contending that as per section 84(4)(a) of the gujarat panchayats act, 1993 (hereinafter to be referred to as the ssaid act), the meeting has to be called within a period of 15 days from the date of receipt of a notice of no-confidence motion. accordingly ..... meeting was required to be held not later than 30 days from the date of receipt of the notice. in the present case, in the procedure rules of 1993, there is no such indication of outer limit for holding a meeting of no-confidence motion and the intention of the legislature has to be gathered and judged from ..... panchayat.9. appearing for respondent no. 5, learned advocate shri tushar mehta also raised similar contentions. he submitted that the true interpretation of the provisions of the said act and, in particular, section 84(4)(a) thereof would only mean that the requirements of law would be satisfied when a meeting is actually held within the period specified .....
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