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 : (2000)4GLR700
..... behalf. in this connection, the learned counselfor the petitioner has relied on the judgement of englishcourt reported in (1972) 1 all england law reports 1105reported in re union accident insurance co. ltd. inthis case on page 1110 the court has observed as under:-'there are two matters though, which seem to be relevant for me ..... andinvestment co. ltd. vs . reserve bank of india reportedin : 1991crilj1391 . in this case the supreme courtafter considering the decision in delhi cloth and generalmills vs . union of india reported in : [1983]3scr438 hasobserved in para 32 as under:-'the function of the court is to see that lawful authority is not abused but not to ..... a company in voluntary liquidation.a petition can be presented in the name of the secretary of state for trade acting through one of his officers and does not require the personal attention of the secretary of state for trade. where the relevant officer of the secretary of state swears an affidavit verifying the petition, being an .....
Tag this Judgment!Court : Gujarat
Reported in : 2001CriLJ2002; (2001)IILLJ511Guj
..... or other presiding court officer sits or one empowered to determine or judge.4.2 even before framing of the constitution, sec. 2 of the contempt of courts act, 1926, made express provision giving the high courts in india the same jurisdiction, power and authority in accordance with the same practice and procedure in respect of contempt of ..... different view than that taken by the first division bench, the matter should as a matter of propriety have been referred to a larger bench.(b) mahanagar railway vendors' union v. union of india & ors., reported in (1994) supp. (1) 609 was cited for its proposition that a decision of a larger bench of three judges of the ..... subordinate to it as it has and exercises in respect of contempts of itself.3.1 it is held by the supreme court in supreme court bar association vs . union of india, reported in : [1998]2scr795 , that the object of punishment for contempt being both curative and corrective, these coercions are meant to assist an individual complainant .....
Tag this Judgment!Court : Gujarat
Reported in : [2001]107CompCas501(Guj)
..... no appeal would lie against the said order.'15. now, we may usefully reproduce the extract from the supreme court decision in the case of mafatlal industries ltd. v. union of india : 1997(89)elt247(sc) which has been taken into consideration by the patna high court (page 522 of stc) :'it is, however, equally obvious that ..... calcutta discount co. ltd. v. ito : [1961]41itr191(sc) , has been approved by the supreme court in the later decision of whirlpool corporation v. registrar of trade marks, mumbai : air1999sc22 :'the power to issue prerogative writs under article 226 of the constitution is plenary in nature and is not limited by any other provision of the ..... petition before us.5. for the purpose of deciding the controversy at hand we may reproduce the preamble and the provisions of section 4 of the bru act.'an act to make temporary provisions for industrial relations and other matters to enable the state government to conduct, or to provide loan, guarantee or financial assistance for the .....
Tag this Judgment!Court : Gujarat
Reported in : (2002)1GLR740
..... reasonable. it is, however, also observed in the said judgment that : 'there can be many splinter groups each forming separate trade union. under sec. 4 of the trade unions act, 1926 any seven or more members of a trade union can get the trade union registered under that act. if every trade union having few members is to go on raising a dispute again and again, the very purpose of settlement is defeated ..... . once, there is a representative union, which in the present case, is the labour union, it is difficult to see the role of the workers union. if there are number of trade unions registered under the trade unions act, 1926 not entitled to be registered as representative unions and if they raise disputes, industrial peace would be a far cry'.it must .....
Tag this Judgment!Court : Gujarat
Reported in : [2002(92)FLR744]
..... reasonable. it is, however, also observed in the said judgement that: ' there can be many splinter groups each forming separate trade union. under section 4 of the trade unions act, 1926 any seven or more members of a trade union can get the trade union registered under that act. if every trade union having few members is to go on raising a dispute again and again, the very purpose of settlement is defeated ..... . once there is a representative union, which in the present case, is the labour union, it is difficult to see the role of the workers union. if there are number of trade unions registered under the trade unions act, 1926 not entitled to be registered as representative unions and they raise disputes, industrial peace would be a far cry'.it must be .....
Tag this Judgment!Court : Gujarat
Reported in : (2002)2GLR1295
..... that the trade union is an authenticated body; the names and occupation of whose officer-bearers also become known ..... the principal raison d'etre of the trade unions. however, to see that the trade union, which takes up the matter concerning service conditions of the workmen truly represents the workmen employed in the establishment, the trade union is first required to get itself registered under the provisions of the trade unions act, 1926. this gives a stamp of due formation of the trade union and assures the mind of the employer .....
Tag this Judgment!Court : Gujarat
Reported in : 2003(86)ECC325; (2002)3GLR252
..... any manufactured drug or any preparation containing any manufactured drug. the word 'manufactured drug' is defined in clause xi of section 2 of the n.d.p.s. act. it reads as follows :-'(xi) 'manufactured drug' means :-(a) all coca derivatives, medicinal cannabis, opium derivatives and poppy straw concentrate;(b) any other narcotic substance ..... to two lakh rupees.'looking to text of section 21, a person can be convicted for an offence punishable under section 21 of the n.d.p.s. act, if he is found dealing with either by way of manufacturing, possessing, selling, purchasing, transporting, importing (inter-state), exporting (inter-state) or using any ..... the authorities cited by mr. mankad are not applicable to this case. particularly, when apex court has specifically held that the provisions of section 50 of the act implicitly make it imperative and obligatory and cast a duty on the investigating officer (empowered officer) to ensure that search of the person (suspect) concerned is conducted .....
Tag this Judgment!Court : Gujarat
Reported in : [2003]116CompCas248(Guj)
..... raised on behalf of the company, argued that the petitioners were creditors within the meaning of section 439(1)(b) of the said act. though the global note was in the name of the nominee of the dtc, trading was done in the notes and portions or entitlements of the notes by persons owning them whose names were recorded in the records ..... thereafter be read and construed in such a way that there is no need to refer to the amending act at all. (q) the decision of the supreme court in mahindra & mahindra ltd. v. union of india : [1979]2scr1038 was referred to for the proposition that the effect of incorporation is as if the provisions incorporated were written out in the ..... (2) of section 4 is written out in the explanation, there was no occasion or need to refer to the central act from which this incorporation was made or to its purpose or context. (s) the decision in voltas ltd. v. union of india 1995 (supp) (2)scc 498 was cited for the proposition that, a deeming provision should be given its .....
Tag this Judgment!Court : Gujarat
Reported in : AIR2003Guj145; 2003(2)ARBLR241(Gujarat); (2003)1GLR438
..... bombay high court in kapal r. mehra v. bhupendra m. bheda, 1998 (4) bom.cr 872, has taken a similar view. the constitutional validity of the act was under challenge in babar ali v. union of india, 2000 (2) scc 178, wherein it was turned down with the observations that only because the question of jurisdiction of the arbitrator was required to ..... three judge bench of the supreme court in bhatia international v. bulk trading sa, 2002 (4) scc 105, is rendered under the provisions of the new arbitration and conciliation act, 1996 which has, while repealing, substituted the arbitration (protocol and convention) act, 1937, arbitration act, 1940 and foreign awards (recognition and enforcement) act, 1961. in the facts of that case, while arbitration was held in .....
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