Court : Gujarat
Reported in : (2003)1GLR537; (2003)3GLR1878
..... fastened by the inquiry officer on the petitioners.16. even while considering the last contention on the question of interpretation of the provisions of section 93 of the act, the court made the following observations (at page no. 548 para 19 of 2003 (1) glr) :-'therefore, when the legislature has consequently made provisions for ..... judgment not being a sentence or order passed or made in exercise of the powers of superintendence under the provisions of section 107 of the government of india act (1915) corresponding to article 227 of the constitution. a letters patent appeal is also not maintainable against an order made in exercise of revisional jurisdiction. ..... order made by the single judge in such petitions challenging the order of the urban land tribunal passed under section 33 of the urban land (ceiling & regulations) act, 1976.the aforesaid decision, is however, required to be appreciated in the context of the controversy which was raised before the full bench. earlier in himatlal k .....
Tag this Judgment!Court : Gujarat
Reported in : (2004)188CTR(Guj)316; [2004]268ITR48(Guj)
..... sentences from the judgment, divorced from the context of the questions under consideration by this court, to support their reasonings. in madhav rao jivaji rao scindia bahadur v. union of india : [1971]3scr9 this court cautioned : 'it is not proper to regard a word, a clause or a sentence occurring in a judgment of the ..... relied upon the judgment of the supreme court in calcutta discount co. ltd v. ito : [1961]41itr191(sc) as applied in whirlpool corporation v. registrar of trade marks : air1999sc22 with special emphasis on the following observations;'the existence of such alternative remedies as appeals and reference to the high court was not, however, always a ..... for the reasons stated hereinafter, i record my dissenting opinion.this petition under article 226 of the constitution of india challenges the notice under section 148 of the it act, 1961 (the act), dt. 20th june, 2002, for the asst. yr. 1996-97.2. the petitioner is a public limited company. on 30th nov., 1996, the petitioner .....
Tag this Judgment!Court : Gujarat
Reported in : 1997CriLJ1549; (1996)1GLR395
..... at this stage for exercise of the powers.accordingly, these applications are dismissed.32. the apex court, in the case of s.c. legal aid committee representing undertrial prisoners v. union of india reported in (1994) 6 scc 731 :(1994 air scw 5115) has held as under (at page 747) (of .scc) : (at pp. 1531-32 of air scw) :'as ..... that the parliament intended to curtail the unlimited powers the government to suspend, remit and commute the sentence since the intention of the act is to impose deterrent punishment in order to curb the notorious activities in drug trade which affects the health and the well being of human beings. every possible effort to bring in political influence is sought to be ..... for the state might be considered, the first one is in the case of lt. col. pirthi pal singh bedi v. union of india, air 1982 sc 1413 : (1983 cri lj 647) and second is in (he case of union of india v. g.m. kokil, air 1984 sc 1022. in the first case, the principle of interpretation head-note reads .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1965Guj158; 1965CriLJ91; (1965)0GLR14
..... evidence' in sub-section (4) as it then stood when the decision was given. however, the present sub-section (4) has been substituted by section 18(b) of the amending act 26 of 1956 for the original sub-section (4). under the old law, the parties were allowed to adduce further evidence, the magistrate was given the power of examining himself ..... the basis thereof that '.... it does not appeal to one's reason or commonsense that no reason on his (magistrate's) part are necessary or that through a purely mental act he can 'decide' as to which of the parties was in possession or that none was in possession or that possession was indeterminate'. i am unable to agree with the .....
Tag this Judgment!Court : Gujarat
Reported in : [2007]138CompCas204(Guj); [2007]79SCL47(Guj)
..... concerned. 48. at this stage, i am tempted to refer a judgement of the supreme court reported in : air2007sc301 in the matter of all india itdc workers union and ors. v. itdc and ors. in the said matter, the government declared a disinvestment policy. under the said policy, the government issued an advertisement for ..... have been revalidated at the instance of the company entitling the refund of the entire amount of guarantees enforced against the bank. the director general of foreign trade has vide his letter dated 27th december, 2005, issued no objection for refund of rs. 1,887.04 lakhs forfeited against the bank guarantees. such benefit ..... the compromise 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 now .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1968Guj101; (1968)9GLR579
..... from the kalol court. tajjar resisted the claim. during the pendency of the suit. baroda state merged with the indian union on 1-5-1949. the trial court held that gajjar having failed to challenge the order vesting rs. 5,200 in ..... transactions and financial position within the three years immediately preceding his insolvency; (c) that the insolvent has continued to trade after knowing himself to he insolvent, and several other clauses have to be taken into account before any order of discharge ..... plaintiffs in a partition suit in the madras high court. the preliminary decree in the partition suit was attached in 1926 by a decree-holder against the plaintiffs in execution of his decree. the question arose as to whether the ..... undisposed of, obviously should revert back to the discharged insolvent from whom it was taken over under the provisions of insolvency act. in the present case absolute discharge is given to the insolvent, and insolvency proceedings have terminated and receiver discharged. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1987Guj113; (1987)1GLR437
..... in the private corporate sector, the old notion of the company as a separate entity owned by shareholders and having a free choice to act as it liked has undergone a national textile workers' union v. p. r. ramakrishnan : (1983)illj45sc . in the para 4 of the judgment, after referring to the developments in this country ..... : 'but, one thing is certain that the old nineteenth century view which regarded a company merely as a legal device adopted by shareholders for carrying on trade or business as proprietors has been discarded and a company is now looked upon as a socio-economic institution wielding economic power and influence the life of the ..... this legislation also was not sufficient to meet the requirements of the developing economy and hence the introduction of 'social control' by enacting the banking laws (amendment) act, 1968. this also failed to achieve the object and hence the nationalization of banks. 39. after the nationalization of banks, the banking companies and in particular .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1975Guj102; (1975)0GLR204
..... cases, namely, khettaramoni dasi v. shyamla churn kundu, (1694) ilr 21 cal 539, kalimuddin v. mahurni, (1912) ilr 39 cal 563 and monoranjan v. bijoy kumar, air 1926 cal 180 is not approved by the high court of bombay. (vide 44 bom lr 603 : (air 1942 bom 276)). the bombay high court has rather preferred to follow the ..... 299, is not found acceptable. section 299 contemplates very specifically only those orders which are passed by virtue of the powers conferred upon the concerned judge by the act and by no other provision of law. under the circumstances, at the time of deciding whether a particular order passed by a probate judge is appealable under section ..... any difference because section 268 merely contemplates the regulation of the procedure and nothing more. the only impact which section 268 has on the provisions of the indian succession act is that the procedure which can be adopted by the probate judge, should, so far as the circumstances of the case can permit, be governed by the .....
Tag this Judgment!Court : Gujarat
Reported in : (2001)1GLR867
..... ultimate balance' due to the bank from the company was determined.' 26. similar view has, also, been taken in the case of union bank of india, ernakulam v. t. j. stephen, reported in : air1990ker180 of the judgment the court held thus :- 'to ..... and nipples and on its failure in the market, switched overto manufacture of stainless steel utensils and cutlery at kandla free trade zone. defendant no. 1 firm through its partners, on 19-10-1981 (1981 sic. 1978), approached the plaintiff ..... and another judgment of the bombay high court in the case of raghavendra gururao naik v. hamipat krishna sholtapur, reported in air 1926 bom. 244 and, also, after referring to other judgments of various courts in page 856 held as under :- 'in ..... reported in 1981 glr 846 the court was not concerned with continuing guarantee but an 'ordinary guarantee'. section 129 of the contract act provides that a guarantee which extends to a series of transaction is called 'continuing guarantee'. in the case of margaret lalita v .....
Tag this Judgment!Court : Gujarat
Reported in : (1995)2GLR1210
..... and also loss to the exchequer. this would also lead to an adverse effect on the other industrial and trading units, it was submitted. it was lastly contended that at the highest, a regulatory order be passed under section 5 of the environment act, but not the order of closure.89. the industrial units cannot, in our opinion, make a grievance that ..... passed, an opportunity of hearing should be granted. such a contention had been raised before a single judge of this court in the case of narula dyeing & printing works v. union of india and ors. 1995 (1) glh 679. in that case, the state government had issued directions to stop the manufacturing activities which were causing pollution, without affording any ..... pollution is generated, but the same affects other areas as well. wherever polluted water goes, the pollution spreads along with it. the supreme court in m.c. mehta v. union of india : [1988]1scr279 , virender gaur and ors v. state of haryana and ors. : (1995)2scc577 and c.e.r.c. v .....
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