Court : Gujarat
Reported in : 2006CriLJ3180; (2006)3GLR2043
..... demand loan account. 14. mr. anandjiwala further submitted that the complainant is defaulter and therefore, appropriate actions under the provisions of securitization and reconstruction of financial assets & enforcement of security interest act, 2002 have been taken against the complainant. the bank was forced to do so as huge amounts are due and recoverable from the complainant. it is further submitted that it ..... the complainant and his company and also issued so called letter dated 24.10.2003 to take so called appropriate action under section 13(4) of the securitisation act, 2002 for enforcement of securities to recover its so called dues. 19. mr. tirmizi has further submitted that the managing director, the directors, the managers, the secretaries, etc., shall be liable to any .....
Tag this Judgment!Court : Gujarat
Reported in : (2006)2GLR1615
..... by them but they do not have the force of a statute. (para 10)43. same view has been taken by delhi high court as per the decision in national cooperative consumers federation ltd. v. delhi administration reported in : air1971delhi141 .in gujarat state cooperative land development bank ltd. v. p.r. mankad : [1979]2scr1023 , ..... and other development progress approved or undertaken by the state government or (iii) linking coordinating of cooperative activities such as marketing and credit or (iv) for securing proper management or business of the society or (v) for preventing affairs of the society being conducted in a manner detrimental to the interests of the ..... of cooperation activities such as marketing and credit and securing proper management of business of the society, conducted in a manner detrimental to the interests of members or depositors or creditors. in view of that, none of the items specified in section 160 of the act covers the issue about validity of appointments and validity .....
Tag this Judgment!Court : Gujarat
Reported in : (2007)1GLR796
..... such brothels are illegal, yet in reality they exist. in fact, the various places where they exist are also referred to in the report prepared by the national commission for women. it says that the worst-hit areas are the port cities....if brothels cannot be closed down, at least steps should be taken to ..... body by guaranteeing fundamental right against exploitation under article 23 and by issuing directives under articles 39(e) and 46 that the state should strive towards securing that, health and strength of men and women are not abused and citizens are not forced to enter avocations unsuited to their age or strength and ..... kinds, such as prostitution services, including date clubs, various kinds of services in adult entertainment, business facilities, meet and mate on the internet etc. pornography acts as an arm of prostitution and often women coerced into pornography are coerced into prostitution.8. economic crisis, natural diseases, political unrest and conflict situations make women .....
Tag this Judgment!Court : Gujarat
Reported in : (2006)3GLR1909
..... such complaints are not maintainable at all, nor it would result into a conviction or there is no slightest possibility of such conviction, for the purpose of securing the ends of justice, the court would certainly interfere at the stage where the proceedings are challenged before the court.60. in the case of madhavrao jiwaji ..... the application which has nothing to do with the merits or demerits of the criminal complaints filed by the complainants. it is further stated that because of security and protecting the life of several swadhyayees who are imparting educations in agricultural college and its students and those who are residing within the area of 'bhavnirzar', ..... prosecution is unsustainable because section 79 is exculpatory when read with section 5-a of the act and the certificate issued thereunder.40. reliance is also placed on the decision of the hon'ble supreme court in the case of punjab national bank and ors. v. surendra prasad sinha : air1993sc1616 wherein it is held that the .....
Tag this Judgment!Court : Gujarat
Reported in : (2006)2GLR952
..... to the facts in subramanyan chettiar case makes instructive reading for the purposes of the present controversy also. the madras agriculturists relief act, 1938, contained provisions to scale down all debts secured or unsecured due from an agriculturist whether payable under a decree or order of a civil or revenue court or otherwise with ..... in the matter of providing protection, relief and rehabilitation to the victims of communal riots,(iii) in the matter of recommendations and directions given by national human rights commission from time to time.(2) to ascertain as to whether the incident at godhra was pre-planned and whether information was available with ..... any pending inquiry, investigation or other proceeding in relation to that accident, meaning thereby after the appointment of a commission of inquiry under the coi act, the railway administration or its officers cannot commence any inquiry or investigation.12. having perused the pleadings and heard the learned counsel, we find that .....
Tag this Judgment!Court : Gujarat
Reported in : [2007]138CompCas204(Guj); [2007]79SCL47(Guj)
..... limited. their submission is that purchaser of the debt, specially, arcil has acquired financial assets from the banks and financial institutions under section 5 of the sarfaesi act and it has become lender. it is further submitted that minority was not forced to accept the settlement in order to promote interest of arcil. core had ..... or whether the interest of employees was protected but it has to ensure that the merger shall not result in impeding promotion of industry or obstruct growth of national economy. liberalized economic policy is to achieve this goal. the merger, therefore, should not be contrary to this objective. reliance on english decisions hoare and co ..... am now considering is almost identical though not as complicated as one in the aforementioned case, the very effect of the scheme if sanctioned being to make national bank which had proposed the scheme wholly-owned subsidiary company of the scottish bank. in the case before me, the scheme is between navjivan and its .....
Tag this Judgment!Court : Gujarat
Reported in : 2009ACJ2099; (2007)2GLR1340
..... v. consumer protection council : [1995]2scr1 wherein it is held that claim for compensation arising out of use of motor vehicle cannot be adjudicated by the national commission. the complaint in the case of motor accident cannot be said to be in relation to any service hired or availed of by the consumer because the ..... of the deceased himself being the driver, no claim by his legal representatives can be entertained by the claims tribunal under section 110 of the motor vehicles act. since the respondents were aware that their claim may not be entertained by the claims tribunal, they have preferred civil suit by invoking the provisions contained in ..... bhagwati prasad (d) and ors. : [2002]2scr290 wherein it is held that the crucial expression conferring jurisdiction upon the claims tribunal consisting under the motor vehicles act is the accident arising out of use of 'motor vehicle,' and therefore, if there has been a collision between the motor vehicle and railway train then all those .....
Tag this Judgment!Court : Gujarat
Reported in : (2008)1GLR346
..... against the lawfully established government in the minds of the people and to spread discord, have hatched a conspiracy with the help of certain anti-india anti-national elements and having obtained help from anti-india elements, shahnawaz and three unknown pakistani intruders who had absconded.3.11. a complaint in respect of the ..... further, footprints were found near the water tank of sarada village where upon searching for ghulam hussain, he was not found to be present, however, they secured information from the village that on 28-5-2001 two individuals had come to visit ghulam hussain and had met sodha haji sahu, maluk alajudiya and jhanjhan ..... has committed offences punishable under sections 121a, 122 and 123 i.p.c.28. so far as the offences committed by the accused under other acts, such as, arms act, foreigners act, explosive substances act, indian passport rules, 1959 (entry into india), paragraph 3 of the criminal law amendment, 1961, paragraph 3 of the indian foreigners (report to .....
Tag this Judgment!Court : Gujarat
Reported in : [2008(117)FLR408]; (2008)1GLR12; (2008)ILLJ985Guj; 2009(2)SLJ37(NULL); 2008(2)AIRKarR227(FB)(Guj)
..... under the said umbrella is a matter which should be left to the legislature which is the best judge of the matter. the legislature cannot be mandated to prescribe and secure particular service conditions to the employees or to a particular set of employees.24. in indian petrochemical corporation ltd. v. shramik sena : (2001)iillj1146sc , the apex court held that even ..... it is wrong to say that in every case it is decisive. it is now no more than a factor, although an important one : see argent v. minister of social security and anr. (1968) 1 b.l.r. 1749 at 1759.27. the fact that generally the workers attend the shop which belongs to the employer and work there, on the ..... 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 adult worker shall be required or allowed to work in a .....
Tag this Judgment!Court : Gujarat
Reported in : (2008)2GLR1760
..... at para 57 to 65 as under:57. it is thus clear that the central government has considered the subject of secondary education and higher education at the national level. the act of 1993 also requires parliament to consider teacher education system throughout the country. ncte, therefore, in our opinion, is expected to deal with applications for establishing ..... within ten days from today strictly on the basis of merit lists prepared by the director of primary education for the respective categories, but those who have already secured admission in other ptc colleges (whether in government quota or in management quota) shall not be considered for admissions to the appellant ptc colleges. there will be ..... occupied by entry 66 of list 1 of schedule viii of the constitution.2. the policy framed by the state is void being repugnant to the national council for teacher education act, 1993. the order passed by the state on 22.6.2007 and the order passed by respondent no. 2 university dated 20.7.2007 are .....
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