Court : Gujarat
Reported in : (1976)17GLR246
..... which the learned trial judge applied to the instant case provides as follows:for money deposited under an agreement | three years | when the demand isthat it shall be payable on demand, | | made.including money of a customer in the | |hands of his bankers so payableexfacie this article applies to a claim for moneys which were deposited under an agreement that they would be payable to the plaintiff on demand. ..... the courts below that the case has anything to do with deposit with a banker, but so far as the claim for the gold mohors or their value is concerned, it is clearly a suit for money deposited under an agreement that it shall be payable on demand. ..... the next article which has been pressed into service is article 68 of the limitation act, 1963 which provides as under:for specific movable property lost, three years when the person havingor acquired by theft, or dishonest the right to the posses-misappropriation or conversations of the property firstlearns in whosepossession it is.the last article which ..... that view of the matter he dismissed the suit on the ground that it was barred by time under article 22 it is that finding which has led to the dismissal of the suit and which mr ..... we turn to article 91 of the limitation act, 1963 which provides as under:for compensation,- (a) for wrongfully taking or detaining three years when the person hav-any specific movable property, lost, ing the right to theor acquired by theft, or dishonest possession of the pro-misappropriation or .....
Tag this Judgment!Court : Gujarat
Reported in : (1974)ILLJ1Guj
..... (3) the textile industry in bombay has under an agreement in 1970 increased the number of earned leave already and since bombay and ahmedabad are the two important centres of the textile industry in the country, it is ..... statements that the general absence amounts to about 13 per cent, the statements themselves reveal that about 4 to 5 per cent of this is on account of sickness; that separate provisions have now been made under the employees state insurance act for sickness and therefore the need of the worker is about 8 per cent or about 25 days; that of this the provision is already made by 5 days paid casual ..... get one month's privilege leave in a year and 10 or 12 days' casual leave plus sick leave; that not only clerks but even semi-clerks now under an agreement get similar leave. ..... - for the purpose of this direction - (a) any days of lay off, by agreement or contract or as permissible under the standing orders; (b) in the case of female worker, maternity leave for any number of days not exceeding twelve weeks; and (c) the days on which the worker is ..... he has further pointed out the agreement recently arrived at between the rashtriya mill mazdoor sangh, bombay and the bombay millowners' association, under which all the mills in bombay ..... under the said agreement, permanent operatives who have been in continuous service for 3 years of more enjoy earned leave as follows : for the first 240 days 12 days and thereafter as the rate ..... under the agreement in respect of semi-clerks, the .....
Tag this Judgment!Court : Gujarat
Reported in : (1985)2GLR658
..... therefore, the whole purpose and object would be defeated if it is held that 'transfer' contemplated under section 8 of the act would not include transfer of possession of land under an agreement of sale. ..... (2) the interpretation of section 8(1) given by the gujarat revenue tribunal by holding that the agreement to sell would not be covered within the meaning transfer is against the intent and purport of section 8(1).section 8(3) of the agricultural lands ceiling act in terms provides that on receipt of an application under section 8(2) the collector shall hold an inquiry and after giving an opportunity to the transferor and the transferee or, as the case may be, to the parties to the partition, to be heard and ..... normally as the word 'transfer' is a term of well-known legal significance, under the transfer of property act no other meaning could be given to the said word but at the same time when the legislature has used it in a broader sense or wider sense, the word 'transfer' would include even agreement to sell wherein the possession of the land is parted in favour of purchaser.5. ..... 61/78 before the gujarat revenue tribunal under section 38 of the agricultural lands ceiling act, in that revision application a contention was raised on behalf of the state that as the possession of the land was delivered merely by an agreement to sell, therefore the said agreement to sell cannot be held to be a transfer and hence section 8 of the agricultural lands ceiling act would not be applicable .....
Tag this Judgment!Court : Gujarat
Reported in : (1996)3GLR705
..... outhouses, if any, appertaining to such building or part of a building, and(ii) any fittings affixed to such building or part of a building for the more beneficial enjoyment thereof;(e) 'prescribed means prescribed by rules made under this act;(f) 'public premises' means any premises belonging to or taken on lease or requisitioned by, or on behalf of, the state government, and includes any premises belonging to, or taken on lease by, or on behalf of -(i) any municipal corporation ..... it is unfortunate that the party who had backed out from the agreement and the promise given under such agreement, is protected by two courts below especially when the two courts have no jurisdiction with respect ..... they having taken full advantage of the said agreement and having enjoyed the possession of the suit shop as a licensee for full period of 10 years under the agreement duly executed by them, they cannot now be permitted to contend that in fact ..... behalf is that in fact the agreement is not one of leave and licence but is of tenancy and that they have become the tenant of the suit premises and that they cannot be evicted under the provisions of the said act ..... on expiry of the said period, the occupation of the respondents-plaintiffs is not protected under the agreement. ..... under the said agreement they thus secured a specific benefit to themselves and agreed to the term that on the expiry of period of 10 years, the corporation would be entitled to invite offers by public tender for the .....
Tag this Judgment!Court : Gujarat
Reported in : [1974]44CompCas127(Guj); (1975)0GLR90
..... the provincial insolvency act which is applicable to this particular case and the provisions of sections 528 and 529 of the companies act that the liability of the company to pay the minimum charges under the existing agreement which was to terminate on march 31, 1968, was a debt provable in winding up against this insolvent company and, therefore, the official liquidator was bound to admit this claim as a debt ..... the supplier in consequence of any breach or default on the part of consumer entitling the supplier so to do under the provisions of the act and the rules, the amount of charges for the electrical energy already supplied and all other moneys then payable under this agreement shall become due and recoverable forthwith provided always and it is hereby agreed and declared that during the period ..... was disconnected, there might be a right to get reconnection either under the agreement or under the law but unless reconnection was granted, by a unilateral act of the board to disconnect supply, the agreement between the parties came to an end and he further observed that too much sanctity should not be attached to such an agreement between unequally placed parties, namely, the gujarat electricity board and a ..... from the date of the winding-up order of june 26, 1967, till march 31, 1968, that is till the termination of the agreement of 1962, the company was under a liability to pay the minimum charge that might be referable up to any date after the date of the winding-up order would .....
Tag this Judgment!Court : Gujarat
Reported in : (1975)16GLR90
..... to the consumer and upon such termination the consumer shall forthwith pay to the supplier at the office of the chief engineer or as the case may be, otherwise required all the moneys then due and payable under this agreement together with a further sum equal to the amount of the minimum guarantee for the unexpired minimum period of supply as and by way of liquidated damages.it is clear that the supplier, the board, becomes entitled to the ..... small amount is consumed in a long period, he is allowed to charge minimum charges by his license, but these minimum charges are really interest on his capital outlay incurred by the particular consumer.it has to be borne in mind that under the agreement between the board and the company in the instant case, provision was made for the maximum load factor, namely, 600 kilowatts and the board was bound to keep that load factor available ..... of section 34 of the provincial insolvency act which is applicable to this particular case and the provisions of sections 528 and 529 of the companies act that the liability of the company to pay the minimum charges would under the existing agreement which was to terminate on march 31, 1968, be a debt provable in winding up against this insolvent company and, therefore, the official liquidator was bound to admit this claim as a debt provable in the course of winding .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1990Guj105; [1992]73CompCas209(Guj); (1985)1GLR57; (1990)1GLR628; (1990)1GLR628
..... section 29(1) of the act reads as under : '29(1) where any industrial concern, which is under a liability to the financial corporation under an agreement makes any default in repayment of any loan or advance or any instalment thereof or in meeting its obligations in relation to any guarantee given by the corporation or otherwise fails to comply with the terms of its agreement with the financial corporation, the financial corporation shall have the right to ..... procedure of district judge in respect of applicationsunder section 3132a power of financial corporation to appoint directors oradministrators of an industrial concern when management istaken over32b effect of notified order under section 32a32c powers and duties of directors and administrators32d no right to compensation for termination of contract ofmanaging agent, managing director, etc.32e application of act 1 of 195632f restriction on ..... discussion, we hold that section 29 does not prohibit application of the principles of natural justice and fair play and a notice of demand of dues and of intention to take action under section 29 gives a due opportunity to the industrial concern to explain, reply or comply with or make suggestions and the procedure is a reasonable procedure and the right given to the ..... , default in payment of the outstanding dues or breach of agreement under section 31, the court can give specified reliefs only, namely :- (a) sale of the property; or (b) transferring the management of the industrial concern to .....
Tag this Judgment!Court : Gujarat
Reported in : [2001]247ITR134(Guj)
..... that is to say, those rights in or in respect of the immovable property defined in sub-clause (ii) are independent of proprietorship right acquired by way of sale, exchange or lease to any concerned person under some agreement or agreement, whether as a result of becoming a member of a society, by becoming a member of a co-operative society or of other association of persons or company, one becomes entitled to enjoy the property without becoming its owner. ..... significantly, section 269uk prohibits any of the parties to the agreement to revoke or alter the agreement for the transfer of an immovable property or transfer of such property in respect of which a statement has been furnished under section 269uc unless the appropriate authority has made an order for the purchase of the immovable property by the central government under section 269ud or the period specified for the making of such order has expired, or the order of purchase of such property by the ..... registration act, 1908 (16 of 1908), shall register any document which purports to transfer immovable property exceeding the value prescribed under section 269uc unless a certificate from the appropriate authority that it has no objection to the transfer of such property for an amount equal to the apparent consideration therefor as stated in the agreement for transfer of the immovable property in respect of which it has received a statement under sub-section (3) of section 269uc, is furnished, along with such document.'9. .....
Tag this Judgment!Court : Gujarat
Reported in : (1996)131CTR(Guj)127; [1996]222ITR831(Guj)
..... in their memorandum a power to sell their assets, and it is a very common thing indeed for companies, when they are reconstructed and sell their assets in whole or in part, to have an arrangement or an agreement between the shareholders beforehand, deciding what is to be done, agreeing that certain resolutions shall be passed putting the company into liquidation and agreeing that the assets of the company in the liquidation shall be disposed of by the ..... the buyer of its finished goods that the buyer pays the excise duty to the excise authorities directly, and on production of the receipts, liquor is issued from the distillery by way of sale under the supervision of the excise authorities and in view of such arrangement, the excise duty do not go into the common bill of the assessee and it does not become a part of the circulating capital. 17. ..... additional consideration under the terms of agreement on the happening of certain events cannot be termed in any sense of the word a benefit or a perquisite which can be calling for evaluation under s. 28(iv) ..... the entitlement under the agreement as well as the quantum both were ..... went into voluntary liquidation and along with its liquidator assigned its right to receive the said royalty and also all other benefits available to it under the lease agreement dt. ..... , the true state of existing affairs were taken into account by the court and not what were shown to exist by it under a legally concluded agreement. ..... of the agreement reads as under : '5(d) .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1982Guj198; (1982)2GLR49
..... provides that where any industrial concern, which is under a liability to the corporation under an agreement makes any default in repayment of any loan or advance or any installment thereof, or in meeting its obligations in relation to any guarantee given by the corporation or otherwise fails to comply with the terms of its agreement, with the corporation, . ..... 31 provides the machinery for recovering the loan or advance or any installment thereof from the industrial concern which has failed to comply with the terms of its agreement with the financial corporation requires it to make immediate repayment under section 30 and the industrial concern fails to do so. ..... of the objects of the company incorporated on 7th oct 1971 was to acquire the rights under the aforesaid agreement in respect of the land in question. ..... terms and conditions on which the loan was to be advanced weve later reduced to writing in the form of an agreement but that does not mean that the corporation was acting purely in the contractual field when it was performing its statutory duty or function under section 25 of the act. ..... of the constitution is not maintainable and the remedy is by way of a suit in the municipal court as the relations between the parties are governed under the contract or agreement executed on 1st 'feb. ..... that were so, the company would not have dispatched another telegram on 3rd may 1979 calling upon the appellant-corporation to disburse the loan amount under the agreement entered into earlier. .....
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