Court : Gujarat
Reported in : [2009]152CompCas302(Guj); [2008]83SCL239(Guj)
..... .6.2001, the company's rehabilitation proposal was discussed. the consensus at the joint meeting was that the promoter/present management did not inspire confidence of financial institutions/banks. the proposal submitted by the company was not convincing and projections were too optimistic. all the participants preferred ots of their dues. the participants also desired ..... lease. payment to nbfc is rs. 6.90 crores. statutory and other dues rs. 2.50 crores, production and market expenses from dahrwad rs. 4.55 crores. technology valuation skf as per agreement rs. 1.00 crores, cost of new design pattern rs. 5.50 crores, start up expenses rs. 6.90 crores. the means ..... advertisement issued in the various newspapers, he had not received any objection regarding the winding up of the company either from the secured creditors and banks and financial institutions or from any one. on the contrary, he has received four letters in support of the winding up of the company. thereafter, an affidavit is filed .....
Tag this Judgment!Court : Gujarat
Reported in : 2008GLH(1)328; (2008)1GLR821
..... corporation v. registrar of trade marks and ors. : air1999sc22 ; tin plate co. of india ltd. v. state of bihar and ors. : air1999sc74 ; sheela devi v. jaspal singh : air1999sc2859 and punjab national bank v. o.c. krishnan and ors. : air2001sc3208 , this court held that where hierarchy of appeals is provided by the statute, party must exhaust the statutory remedies before resorting to .....
Tag this Judgment!Court : Gujarat
Reported in : [2008]143CompCas8(Guj); [2008]83SCL220(Guj)
..... before he could plead not guilty. the court further held in that case that various charges levelled against the petitioners and in respect of which they apprehended institution of criminal proceedings against them were all matters of subjective assessment as to whether the provisions of the accounting standards were complied with. the court took the ..... of such appointment.15 217(1)e) 18 of 2008 particulars of conversation of energy and the information is fully disclosed and furnished r.w. companies the technology absorption have not been elaborately in the body of the directors' report (disclosure of given in the form no. a and b in the for the balance ..... and in respect whereof opinion may differ. sometimes there may be a minor technical mistake or omission by the company for which criminal proceedings are neither generally instituted nor are threatened. trivial and minor matters have been sought to be made into issues blown out of proportion by the respondent. mr. soparkar has further .....
Tag this Judgment!Court : Gujarat
Reported in : 2008GLH(1)220
..... , the termination was held not to be bona fide.; nathu ram saini v. hindustan copper ltd. [1995] i llj 421 (424) (raj.), per singhvi j.; ramkishan v. samrat ashok technical institute, vidisha [1995] i llj 944 (999) (m.p.), per dwivedi, j.; alexander yesudas maikel v. perfect oil seals and i.r.p. [1996] i llj 533 (535-36) (bom.), per ..... not amended without any purpose and without any necessity. the purpose behind the appointment is that if project appointment, requirement of the institution, necessity, a time schedule work, over load work or to meet the immediate contingency by the institution, such kind of appointment is necessary, and therefore, for short period, just to mitigate the hardship to the employer to complete the .....
Tag this Judgment!Court : Gujarat
Reported in : [2008(117)FLR408]; (2008)1GLR12; (2008)ILLJ985Guj; 2009(2)SLJ37(NULL); 2008(2)AIRKarR227(FB)(Guj)
..... -time employee is taken to be a workman, then it would lead to administrative chaos, because a person, who is working as a part timer with different institutions/organizations would claim permanency and all other benefits at different places. it is submitted that if a person is engaged as a daily wager on part-time basis, ..... the industrialized world through legislative action. the eight hour day move forms part of the early history for the celebration of labour day, and may day in many nations and culture.10.3 now we may turn to the provisions of the factories act, 1948, which provide for the maximum working hours.51. weekly hours - no ..... time of reference, the concerned employees were drawing less than rs. 500/- per month. however, during pendency of the reference, their wages increased and the national industrial tribunal held that the jurisdiction of the national tribunal was ousted in case the salary of the concerned employee exceeded rs. 500/-. the apex court reversed the decision of the .....
Tag this Judgment!Court : Gujarat
Reported in : AIR2008Guj44; (2008)1GLR213
..... annexure-c).2. the facts stated briefly are that the respondent no. 1, mathureshnagar co-operative housing society ltd. (hereinafter referred to as the respondent society) had instituted lavad suit no. 376 of 1990 before the board of nominees seeking a declaration that the petitioners nos. 1 and 2 are bogus members of the society, holding ..... j. chittranjan co. and anr. : (1998)1glr303 .(v) the decision of this court rendered in the case of parikh amratlal ramanlal, trustee and administrator of sanskrit pathshala institution and ors. v. rami mafatlal girdharilal air 1983 (noc) 108 (guj.).(vi) the decision of the bombay high court rendered in the case of anglo french drug co. ..... in the case of samdhukhan v. maddanlal .(viii) the decision of the bombay high court rendered in the case of a.s. patel and ors. v. national rayon corporation ltd. : air1955bom262 .8.8 mr. mehta learned advocate for the petitioners submitted that the tribunal had placed reliance upon the decision of the rajasthan high .....
Tag this Judgment!Court : Gujarat
Reported in : 2008CriLJ1461
..... court has observed about the same that it would fall in the category of continuing offence. the apex court was dealing with a case where the prosecution was instituted under employees' provident fund and miscellaneous provisions act, 1952, where the employer had failed in paying the contribution to the provident fund within 15 days. the apex ..... legal finding would help the litigants, business personnel and various companies having their business places in different states of our country. such harmony can also help in national integration. if the judgment of the other high courts are not found apparently erroneous or infirm, they may be taken as guarding element as they have no ..... court to condone the delay. it rightly submitted that the present case is practically now covered by the judgment of the kolkata high court in the case of national cotton mills v. assistant registrar of companies, w.b. reported in 1956 company cases 222, where the division bench of the kolkata high court held that .....
Tag this Judgment!Court : Gujarat
Reported in : [2008]142CompCas562(Guj)
..... by the learned company judge. strong reliance is placed on the decision of the karnataka high court in karnataka state industrial investment and development corporation ltd. v. intermodel transport technology systems (karnataka) ltd. (in liquidation) [1998] 94 comp cas 166.10. mr. yadav has further pointed out that even after the learned company judge passed ..... itself so that it continues to utilize fully its productive industrial assets, its workmen get maximum protection of employment and the funds of the banks and financial institutions are put to optimum use. this can be done only with the protective umbrella of the bifr (under section 20 of the sica) and with the ..... into give overriding effect to the sica over the companies act. this is also clear from the provisions of the companies (amendment) act, 2002 for establishing national company law tribunal which is vested both with the powers of the bifr as well as of the company court, but these amendments are not yet brought into .....
Tag this Judgment!Court : Gujarat
Reported in : AIR2007Guj203; (2008)2GLR1559
..... a quasi-judicial authority. his decision will prejudicially affect the rights of the third party. it has been held by hon'ble supreme court in the case of indian national congress v. institute of social welfare reported in : [2002]3scr1040 , especially in para 24, as under:24. the legal principles laying down when an act of a statutory authority would be a ..... factors, viz. nature of business of the third party, nature of commercial transactions, looking to the nature of correspondence with other various institutes, looking to the nature of reports supplied by the third party or supplied by some other institutions about the third party, etc. third party can treat the information as confidential at any stage, prior to grant or disclosure of .....
Tag this Judgment!Court : Gujarat
Reported in : (2007)2GLR1801
..... of the respondents rather than the petitioners, as in the present case, as discussed hereinabove, the allegations in the complaint are sufficient to constitute offences as alleged therein. (2) punjab national bank and ors. v. surendra prasad 1993 scc (cri.) 149 wherein there being no dishonest intention or misappropriation, it was held that the complaint does not make out any case ..... nos. 1 and 3, the complainant had got issued two separate bank guarantees of rs. 2.50 crores and rs. 50 lakhs in favour of s.t.c. from punjab national bank, raiwai branch, opp. bhid bhanjan mahadev, bhavnagar. it is further alleged in the complaint that the said two bank guarantees were invoked prior to the expiry period and on .....
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