Court : Gujarat
Reported in : (2006)1GLR558
..... the functions assigned to an area development authority under the act. sub-section (1) of section 7 of the said act provides for the powers and functions of area development authority which includes the function to undertake the preparation of development plans under the provisions of the act for the development of the area and also to ..... control the development activities in accordance with the development plan in the development area.17.2 sub-section (1) of section 9 of the said act provides that as soon ..... that tribunal functions within the limits of its authority and that its decisions do not occasions miscarriage of justice.(v) the courts cannot be called upon to undertake the government duties and functions. the court shall not ordinarily interfere with a policy decision of the state. social and economic belief of a judge should .....
Tag this Judgment!Court : Gujarat
Reported in : (2004)IIILLJ380Guj
..... allowances to members or their dependents on account of death, old age, sickness, accident or unemployment of such members and on the issue of or undertaking of liability under policies of assurances on the lives of members or under the policy insuring the members against sickness, accident or unemployment, overrides the ..... by way of welfare measure, activity for providing financial relief to the members of the family of a deceased member or in the event of the disablement of a member suffering from physical disablement. it is contended: 'section 30 of the life insurance corporation act, 1956 curtails the ..... act, 1956, refer to `life insurance business' and did not refer to `life insurance activities'. the scheme like the one undertaken by the petitioner was not a business venture and was, therefore, outside the scope of this provision, as contended in paragraph 12 of the petition. it is contended that the registered trade union can legitimately undertake .....
Tag this Judgment!Court : Gujarat
Reported in : 1997CriLJ2896; (1997)2GLR38
..... and powers in respect of the matters to which the executive power of the state government extends :(i) to undertake any enquiry into any transaction in which a public servant is suspected or alleged to have acted for an improper purpose or in a corrupt manner.(ii) to cause an enquiry or investigation to be made into ..... department, at the cost of 'rule of law' thrown to the winds, ignoring altogether the anxiety of the parliament which came out by enacting a special act, like corruption act to eradicate the corruption which has kept the country miles away from enjoying the fruits of independence and promises of the constitution. not only that, but ..... consider the request made by the director, acb and do the needful at the earliest so that he can ultimately uphold and efficiently enforce the special act viz., corruption act to eradictate corruption which has engulfed the entire country. the government will have to consider on this aspect very seriously and sympathetically. if the grievance in .....
Tag this Judgment!Court : Gujarat
Reported in : (1992)107CTR(Guj)340; [1993]200ITR281(Guj)
..... or unknown liability but it this case, we are dealing with the question of reserve account which is supposed to be used for the purpose of the business of the undertaking and that the reserve account is prohibited from being for payment of dividends or remittance of profits outside india.' 56. as, factually it was not found that monies were ..... bank or to the government was one for business and it was a user of money for the purpose of the undertaking of the assessee and was not a user prohibited under section 155(5)(ii) of the income-tax act, 1961, that is these amounts were not paid for distributed of dividends or for remittance of profits outside india.' 55. ..... our respectfully concurring with the view of the division bench of this court in vikram mills ltd. v. cit : [1976]105itr423(guj) . 52. mr. shelat then took us to surat textile mills ltd. v. cit : [1971]80itr1(guj) . the legal position in that case was highlighted to the effect that, under clause (b) of the proviso to section 10(2)( .....
Tag this Judgment!Court : Gujarat
Reported in : 1995CriLJ1581; (1994)1GLR799; (1995)ILLJ206Guj
..... decision, it clearly appears that the obligation was with regard to employing of persons on sunday without following the requirements enumerated in section 22 of the indian factories act, 1911, and although the requirements were different, obligation was found to be one. in my opinion, the ratio in the madras decision would not be applicable ..... the high court held that the liability was for as many workers as unlawfully employed in violation of the relevant provisions read with section 41 of the indian factories act, 1911. however, construing the provisions strictly it was further held that the maximum fine which could be imposed was rs. 200/- between the occupier and the ..... was concerned with the interpretation of section 29 read with section 41 (a) of the indian factories act, 1911. the employment of labour after prescribed hours was prohibited under the relevant provisions. the accused manager of a textile mill employed 18 workmen to work at his mill after 7.00 p.m. in violation of the .....
Tag this Judgment!Court : Gujarat
Reported in : [2006]129CompCas353(Guj); [2005]59SCL734(Guj)
..... , the court cannot remain merely a silent spectator and allows the things to happen at the discretion of the chairman of the meeting. the court, then, undertakes the task of examining the facts and circumstances leading to such dispute, pierces the veil behind such frequent adjournments, calls upon the chairman to explain as to ..... debenture holders holding more than one-fourth in value of debenture have opposed the scheme. in view of the provisions contained in section 391(2) of the act, the scheme of arrangement / compromise is required to be approved by a majority in number representing three-fourth in value of creditors present and voting at the ..... holding more than 2000 debentures'. it was further submitted by the company that the company has filed an application before this court under section 391 of the companies act, 1956 for convening meetings of the aforesaid four categories of debenture holders for considering and if thought fit, to approve the scheme of arrangement / compromise. .....
Tag this Judgment!Court : Gujarat
Reported in : 2003(2)ARBLR259(Gujarat)
..... of the petitioner to safeguard its interest in the subject-matter would be frustrated. thereafter the court granted further relief that in the circumstances the petitioner files an undertaking to the aforesaid extent, then the office is directed to issued an ex parte ad interim injunction in terms of paragraph nos. 10(a), (b) and ..... and airport authority v. dilbagh singh, air 1997 delhi 340.3.9. in view of the aforesaid provisions of the agreement, provisions of arbitration act, specific relief act and other decisions of the hon'ble supreme court and other courts, the learned counsel for the opponent stated that the order of injunction granted by ..... distribution agreement dated 1.11.1996 including its subsequent amendments made with the petitioner including the product 'verorab' and also further injunction restraining the opponent from acting upon, enforcing or implementing the termination notice dated 18.3.20002 in any manner whatsoever.2.4. the learned trial court, as indicated above in the .....
Tag this Judgment!Court : Gujarat
Reported in : (2006)1GLR497
..... , (1972) 2 q.b. 299 the city council in exercise of its powers under the town police clauses act, 1847, limited the number of licenses to be issued for hackney carriages to 300. the council gave an undertaking to the associations representing the 300 existing license holders not to increase the number of such license holders above 300 ..... for a certain period. the council, disregarding this undertaking, resolved to increase the number. an association representing the existing license-holders moved the queens' bench for leave to apply for orders of prohibition, mandamus and ..... locus standi to apply for relief'.24. it may be noted that in this case, the whole question turned on the effect in law of the undertaking, and whether the applicants had been treated fairly.25. emphasizing the 'very special circumstances' of the case, the court read into the statute, a duty to .....
Tag this Judgment!Court : Gujarat
Reported in : [2003]261ITR113(Guj)
..... the total amount with interest was payable by confirmed irrevocable 180 days usance letter of credit with confirmation charges at seller's costs and acceptable to sellers through any nationalised indian bank, to be established in favour of the sellers for the net amount by september 19, 1994. the letter of credit was to be released to ..... be payable : by means of 100 per cent confirmed irrevocable 180 days usance letter of credit with confirmation charges at seller's cost and acceptable to sellers through any nationalised indian bank (hereinafter called the opening bank) to be established in favour of the sellers for the net amount by september 19, 1994.' 26. thus, the ..... no new commodity or article emerges as a result of such processing. that being the position, the provisions of section 80hh of the income-tax act would not apply to the undertaking of the assessee which was engaged in the processing of prawns for making them fit for the market. this decision came to be approved by the .....
Tag this Judgment!Court : Gujarat
Reported in : (1964)0GLR804
..... it was equally immaterial whether the agreement was oral or in writing. all that the meeting was concerned with was whether to accord consent to the sale of the undertaking by the company to bharat kala bhandar limited was not required to be placed for the approval of the meeting. sub-section (3) of section 172 had, ..... was not according to approval by the meeting to the agreement of sale between the company and bharat kala bhandar limited. the item of business was whether the undertaking of the company should be sold to bharat kala bhandar limited for the price of rs. 11,40,000 on certain terms and conditions. whether there was already ..... continued between the company and the firm of shah manilal mulchand. 7. the company, after its formation, commenced carrying on the business of a textile mill and messrs. prahladji sevakram and company acted as secretaries, treasures and agents of the company in accordance with the terms and conditions set out in the first managing agency agreement. shah .....
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