Court : Gujarat
Reported in : AIR1998Guj60; [1998]91CompCas910(Guj); (1997)2GLR1134
..... (c) the member has violated regulation 17(1)(i) of the sebi (stock brokers and sub-brokers) regulations, 1992, section 15 of the securities contract (regulation) act, 1956, rule 15(2)(c) of the securities contracts (regulation) rules, 1957, and bye-laws 199 and 221(b) of the ahmedabad stock exchange bye-laws by not obtaining written consent from his client for the transactions done by ..... the employee may take the assistance of any other employee or, if the employee is a class iii or a class iv employee, of an 'office bearer' as defined in clause (d) of section 2 of the trade unions act, 1926 (16 of 1926) of the union to which he belongs, to present the case on his behalf, but may not engage a legal practitioner for the purpose unless the said presenting officer appointed by the disciplinary authority is a legal ..... where therefore, the outcome of a departmental enquiry is likely to adversely affect reputations or livelihood of a person, some of the finer graces of human civilisation which make life worth living would be jeopardised and the same can be put in jeopardy only by law which inheres fair procedures. ..... dilipkumar raghavendranath nadkarni, air 1983 sc 109, with reference to the provisions of rule 7(5) of the civil services (punishment and appeal) rules, 1952. ..... the appeal was heard by the special secretary (insurance), department of economics affairs, ministry of finance, government of india. 4. .....
Tag this Judgment!Court : Gujarat
Reported in : [1973]31STC302(Guj)
..... sub-section (2), which provides that for the purpose of assessment, reassessment, collection and enforcement of tax and penalty under the central act, the authorities may exercise all or any of the powers they have under the general sales tax law of the state and the provisions of such law, including provisions relating to returns, provisional assessment, advance payment of tax, registration of the transferee of any business, imposition of tax liability of ..... the public interest, by notification in the official gazette, direct that in respect of such goods or classes of goods as may be mentioned in the notification and subject to such conditions as it may think fit to impose, no tax under this act shall be payable by any dealer having his place of business in the state in respect of the sale by him from any such place of business of any such goods in the course of inter-state trade or commerce or that the ..... 3 of 1956, which was later replaced by the sales tax laws validation act (7 of 1956), with the object of restoring for the period specified in the act the decision in the united ..... question relating to the constitutional validity of the central sales tax act, 1956 (hereinafter referred to as 'the central act'). ..... the constitution (sixth amendment) act, 1956. ..... to giving effect to the recommendations of the taxation enquiry commission enacted the central act on 21st december, 1956, in exercise of the legislative authority conferred by the constitution (sixth amendment) act, 1956. .....
Tag this Judgment!Court : Gujarat
Reported in : [1982]50STC352(Guj)
..... state in accordance with the principles formulated in sub-section (2) of section 4 of the central sales tax act, 1956; (29) 'sale price' means the amount of valuable consideration paid or payable to a dealer for any sale made including any sum charged for anything done by the dealer in respect of the goods at the time of or before delivery thereof, other than the cost of insurance for transit or of installation when such cost is separately charged.' 12. ..... yellow bills form a part of sale price under the central sales tax act, 1956 (6) whether, on the facts and in the circumstances of the case, the tribunal was correct in law in holding that the breach of declarations in form 19 was properly worked out by applying the ..... the circumstances of the case, the tribunal was right in law in holding that packing charges charged in the white bills were part of the turnover of sale price under the central sales tax act, 1956 (5) whether, on the facts and in the circumstances of the case, the tribunal was justified in holding that charges for packing, handling, iron strapping, binding and lafa charges charged in the ..... it is also necessary before we address ourselves to the relevant legal provisions having some bearing on this question before us as to what precisely the tribunal has found in this behalf on appreciation of the ..... act has made this provision. .....
Tag this Judgment!Court : Gujarat
Reported in : [1999]97CompCas900(Guj); (1998)2GLR1065
..... 1984, 1304 of 1984, 1305 of 1984 and 1306 of 1984, holding that the cases filed under section 630(1) of the companies act, 1956 (hereinafter 'the act') by the complainant were barred by limitation under the provisions of section 468(2) procedure, 1973 (hereinafter 'the code') rejected the complaints. 2. ..... comp cas 417 had an occasion to consider the legislative competence of parliament for enacting section 630 of the act and for the reasons, with which we respectfully agree, rejected the contention that the provisions of section 630 of the act, so far as they relate to immovable property are ultra vires the legislative competence of parliament. ..... october 23, 1991 passed in these revision applications observed in paragraph 8 that there was no prohibition of law on any party whether the petitioner or the respondent, in raising a contention regarding the validity of any provisions and that it was open to any party to raise such a question and the court may, in its discretion, allow it to be raised. ..... list contained in the seventh schedule to the constitution, the parliament is empowered to make law with respect to incorporation, regulation and winding up of trading corporations, including banking, insurance and financial corporations, but not including co-operative societies. ..... agree with the contentions of the ex-employees that the provisions of section 630 are discriminatory or that they deprive them of their right to life under article 21 without following the procedure established by .....
Tag this Judgment!Court : Gujarat
Reported in : [2005]126CompCas15(Guj); [2005]58SCL328(Guj)
..... court has further held that 'by complying with the provisions of section 434 of the companies act, 1956, the issuance of notice is not a matter of ..... 47 company cases 1, wherein it is held that 'there is no provision in the companies act, 1956,, nor is there any decision of any court to show that the mere fact that a creditor files a suit for the realisation of the debt would debar him from proceeding with his petition for ..... , 44 company cases 567, wherein it is held that once there is non-compliance with a statutory notice given by a creditor under section 434(1) of the companies act, 1956, demanding payment of a debt owing by the company and the court is satisfied that there is no bona fide dispute in regard to the petitioner's debt, the creditor is entitled to a winding up order ex debito justitia, and ..... proceedings, there was a letter addressed to the security & exchange board of india making reference regarding proceedings under section 397 & 398 of the companies act, 1956 initiated against the company on the alleged substantial irregularities and misappropriation of funds by the promoters of the company. ..... was no merit in contention that merely because the petitioning creditor before the company court was a bank/financial institution or because an application had already been filed before the drt under the provisions of the rdb act, the petition for winding up would not be maintainable'. ..... 433(e) read with section 434 of companies act, 1956 for winding up the respondent-company.2. .....
Tag this Judgment!Court : Gujarat
Reported in : (2008)11VST650(Guj)
..... mills company', for short) was incorporated under the provisions of the companies act, 1956. ..... of this finding, the tribunal held that the sale proceeds realised by the mills company were not liable to tax.thereupon, the revenue invoked the provisions of section 69 of the act and as mentioned above, the tribunal has referred the four questions for the decision of this court.4. ..... view of the settled legal position emerging from the above-quoted, division bench judgment of this court, the court is of the opinion that the opponent was not a dealer qua the sale of the entire business occasioned as a result of discontinuance of business and that the sale of the entire mill by the opponent to shree keshariya investment limited did not amount to sale of goods as defined in section 2(12) of the act, effected during the course of the ..... and as a consequence thereof, in removing the penalty imposed under the provisions of section 45(6) of the gujarat sales tax act, 1969?2. ..... transferred along with other assets to shree keshariya investment limited were not sales of goods and therefore, the said amount could not have been included in the amount of turnover as per the provisions of the act. ..... contention raised was that the penalty that was imposed under section 45(6) of the act was illegal as it could not have exceeded the period of eighteen months. ..... purchaser made an application in the name of the assessee under section 62 of the act for determination of the following question:whether the sale of rs. .....
Tag this Judgment!Court : Gujarat
Reported in : [1976]46CompCas227(Guj)
..... protracted deliberations between the respective boards of directors of the two companies and in consultation with the major shareholders of the transferor-company, namely, life insurance corporation of indian and unit trust of india, the ration was worked out at the said figure. ..... it has been further averred that under section 2 of the banking act, the provisions of the said act were in addition to and not, save as therein expressly provided, in derogation of the companies act, and that, therefore, the provisions of the banking act were not applicable to the scheme of amalgamation in this case, especially ..... the solution is far from happy and that in some cases the resultant situation might be embarrassing, especially in those cases in which, in the absence of a provision similar to that contained in clause 14 of the scheme herein, the court in invitum has to accord sanction to a scheme subject to its approval and sanction ..... (b), (c), (d), (e), (f), (h) and (i), within fifteen days of the filing with the registrar of companies, maharashtra, of a certified copy of the order made by the appropriate court under section 391(2) of the act in the application filed by the transferee-company in such court for sanction of the scheme herein; (5) liberty is meanwhile reserved to the parties and to persons interested in the scheme to apply to this court, if ..... of the companies act, 1956 (hereinafter referred to as 'the act'), and for consequential directions under section 394 of the act. * * * .....
Tag this Judgment!Court : Gujarat
Reported in : [1978]48CompCas402(Guj)
..... ) instituted by the registrar of companies in exercise of powers under section 433(e) of the companies act, 1956, as amended by the companies (amendment) act of 1974 (the companies act), praying for an order for winding up of the said company by the court under section 433(e) on the ground that the company is unable to pay its debts and under section 433(f) on the ground that it ..... to make recovery from themselves and their friends in order to pay the petty contributors as and when the amount becomes due and payable to them assuming that by that time, the drastic forfeiture provision has not been applied in order to deprive the petty subscribers of the amount already paid by them. ..... and compulsory savings and to organize and conduct thrift schemes, chit funds and to undertake, carry on and engage in and execute all kinds of financial, commercial, trading and other business, except banking and insurance and to frame such rules and regulations as may be deemed necessary for the proper conduct of such business. ..... face of the explicit language of clause (c) how can it with reason be contended otherwise the deeming provisions contained in clause (a) and clause (b) have a different perspective and stand on altogether a different platform. ..... to comprehend the argument in its true perspective it is essential to examine the analogy of the relevant provisions contained in section 433(e) and section 434 which may be quoted : '433. ..... light may be turned on what emerges from the aforesaid statement. .....
Tag this Judgment!Court : Gujarat
Reported in : [1992]85STC25(Guj)
..... classification based on rational basis or is it intelligible if one looks at the enlarged definition of 'sale' introduced by way of clause (29a) in article 366 of the constitution, which has again been incorporated in the amended provisions of the act (act 14 of 1985), it becomes evident that in the cases of transfer falling in clauses (a), (b), (c), (e) and (f) at one or other stage, property in goods passes to the purchaser. ..... the grievance of the petitioner is that by inserting separate definition clause in section 2(30-c) of 'specified sale' and making separate and distinct provision as regards the turnover of specified sale and for the liability to pay tax on turnover of such specified sales, right to use any goods has been treated separately without ..... nalla raja reddy : [1967]3scr28 of the report, the supreme court has observed to the effect that a statutory provision may offend article 14 of the constitution both by finding differences where there are none and by making no difference where ..... which take place in the course of inter-state trade or commerce are subject to the limitations and restrictions imposed by the central sales tax act, 1956. ..... the cost of insurance for transit or the cost of installation when such cost is separately charged is ..... course of the import of the goods into the territory of india or export of the goods out of such territory, shall be determined in accordance with the principles specified in sections 3, 4 and 5 of the central sales tax act, 1956. .....
Tag this Judgment!Court : Gujarat
Reported in : [1976]46CompCas25(Guj)
..... which was in the following words : 'whether sales tax is to be treated as a preferential debt within the meaning of section 230 of the indian companies act (which is in pari material with section 530(1)(a) of the companies act, 1956) from which date-from the date of demand or the date when the sale price is received, or any other date ?' 20. ..... rectification 29-8-67 2-9-67 100.00 100.001-1-62 to 20-1-64 31-1-67 1-2-67 21,178.53 20,992.52 367.9231-12-621-1-63 to 20-1-64 31-1-67 1-2-67 30,079.50 29,370.79 741.8331-12-631-1-64 to 13-6-66 31-1-67 1-2-67 34,405.95 33,226.19 1,258.8331-12-641-1-65 to 13-6-66 31-1-67 12-2-67 20,944.67 20,464.22 481.45claim under the central sales tax act 1-1-57 to 27-4-62 16-12-66 17-12-66 8,196.03 5,957.82 2,238.4531-12-571-1-58 to 27-4-62 16-12-66 17-12-66 3,858.99 1,685.82 2,173.1731-12-581-1-59 to 27-4-62 16-12-66 17-12-66 2,028.21 894.36 1,133.8531-12-591-1-60 to 20-1-64 31-1-676 1-2-67 2,274.23 1,489.30 238.9731-12-601-1-62 to 20-1-64 31-1-676 1-2-67 2,309.05 940.22 ..... debts of all descriptions to be admitted to proof :- in every winding -up (subject , in the case of insolvent companies, to the application in accordance with the provisions of this act or the law of insolvency) , all debts payable on a contigency, land all claims against the company, present of future , certain or contingent, ascertained or sounding only ..... analyzing the section, these three conditions emerge and all the three must be satisfied and the debt must be in respect of revenue .....
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