Court : Gujarat
Reported in : AIR1962Guj88; (1962)0GLR204
..... earlier case of 1899 ac 580, (supra) where the privy council held section 4 of the 'british columbian coal mins regulation act, 1890 ultra vires the provincial legislature on the ground that though the act, regarded merely as a coal working regulation would come within section 92, sub-section (10) or sub-section (13) of the british north america act, its exclusive application to chinamen, whowere aliens or naturalized subjects established a statutory prohibition which is within the executive authority of the dominion parliament conferred by ..... according to one of which they appear to fall within the subjects assigned to the provincial parliament by section 92 of the british north america act, whilst according to the other, they clearly belong to the class of subjects exclusively assigned to the pominion legislature under section 92 subsection (25), the whole pith and substance of the enactment of sec- 4, the impugned section, consisted in establishing a statutory prohibition which affected aliens or naturalized subjects and therefore trenched upon the exclusive authority of ..... the definition of 'university' in section 2 (f) of this act applies to the gujarat university constituted under the impugned act ..... is not an institution established, managed or maintained by the university but is a private institution established and administered by xavier kelavani mandal private limited, a private limited company, registered at rajkot under the provisions of the indian companies act vii of 1913. .....
Tag this Judgment!Court : Gujarat
Reported in : (1986)54CTR(Guj)272; (1987)1GLR3; [1986]162ITR28(Guj)
..... what weighed with the court was that all factories falling within the meaning of section 2(m) of the factories act were brought within the purview of the definition of 'establishments' while establishments carrying on business or trade and employing less than 50 persons were left out, and that out of this latter class of establishments, an exception was made by including ..... may be prescribed : provided that in a case where such person is required by or under anyjother law to get his accounts audited, it shall be sufficient compliance with the provisions of this section if such person gets the accounts of such business or profession audited under such law before the specified date and obtains before that date the report of the audit as required under such other law ..... to how auditors were required to be associated with the task of tax audit in the context of the development of the role of auditors in the wake of the imposition of federal income-tax in 1913 in the united states : 'at the turn of the century, the balance sheet had been the pre-eminent statement as in the united kingdom, and the auditor's report emphasised it accordingly. ..... prevents is a class legislation and not a classification and such classification in order to be put beyond the prohibition of article 14, must be founded on intelligible differentia which distinguishes persons grouped together from those that are left out and that differentia must have a rational nexus with the object sought to be achieved by the act. .....
Tag this Judgment!Court : Gujarat
Reported in : [1995]84CompCas230(Guj)
..... the companies is exercised on a comprehensive view of the whole matter by one court alone is it possible to bring about this result by interpreting the word 'court' occurring in sections 391 and 394 in a manner which requires departure from its definition contained in section 2(11) having regard to the subject and context or is it a situation which can be remedied only by legislative intervention by way of amendment these are some of the most ..... which the petition for according sanction is presented earlier in point of time, say, by the transfer company, not only gives anticipatory sanction but also makes a conditional order giving consequential direction under section 394 including the direction as to dissolution, it might possibly be urged that it becomes functus officio upon the passing of such orders and that if any modification is made in the scheme by the ..... as to whether the allotment of shares to nocil and sushrupada can be said to be out of the unsubscribed portion of the issue and as a result, therefore, it could be said to be in breach of the prohibitive order of injunction issued by the city civil court, and, thirdly, if the answer to the second question is the affirmative, what is the effect on the rights of such shareholders ..... additional shares to non-members in exercise of their power under section 81(1)(d) of the said act in view of the prohibitive order of the city civil court is a moot question ..... if conferred on indian courts under section 153 of the indian companies act, 1913. .....
Tag this Judgment!Court : Gujarat
Reported in : [1983]55CompCas623(Guj); [1984]147ITR294(Guj)
..... 661) : 'whatever may be the correct meaning of the expression 'any company liable to be wound up under this act' which occurred in section 153(6) of the indian companies act, 1913, and which now occurs in clause (a) of section 390 of the companies act, 1956, it seems to me obvious that section 391 of the present act which empowers the court to sanction a compromise or other arrangement can have no application to a company which is in a sound financial condition.' ..... provide that the operation of economic power to the common detriment, for the control of monopolies, for the prohibition of monopolistic and restrictive trade practices and for matters connected therewith or incidental thereto. ..... re [1977] 47 comp cas 597 (guj) : 'viewed from a slightly different angle, it would appear that power of such amplitude as is discernible from the provisions contained in section 391(2) is conferred on the court to achieve some definite purpose or object. ..... definition of 'interconnected undertakings' is contained in section 2(g) which so far as is relevant for our purpose reads as follows : ''interconnected undertakings' means two or more undertakings which are interconnected with each other in any of the following manner, viz. ..... 23(3) if they come within the definition of 'dominant undertakings' and, hence, there can be no fear that the market power which may already be enjoyed by those two undertakings together would increase by the act of merger and hence, there is no reason to insist on .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1962Guj128; (1962)0GLR269
..... saurashtra and the highest court in kutch were preserved as 'law in force' in the territories of the former states of saurashtra and kutch the same would continue in operation in those territories as law in force' under section 87 of the bombay re-organisstion act of 1960, unless the same were lawfully set aside or hadceased to operate by reason of legislative changes effected between 1st november, 1956, when the new state of bombay was created and the 1st of may ..... administered by the former high court of bombay and as interpreted by the precedents of that court was the law in force on 1st may '1956 for the territory of gujarat, and that law in force is preserved intact by section 87 o the act and, consequently, the precedents created by the high court of bombay before that date are binding on this court on the ground that it forms a part and parcel of the law in force preserved ..... the argument that the term 'law' in the aforesaid expression is used in the limited sense given to it in the inclusive definition in section 2(d) of the act and that the expression 'in force' is only a qualifying expression also does not appeal to me. ..... in my judgment, therefore, section 87 does not create any fiction, but it enacts a prohibition which prohibition has been introduced for the sake of ..... this was against the pure muslim law if was held to be the 'law in force' on the subject unti1 the wakt validating act was passed in 1913, which changed the law as determined by the privy council. .....
Tag this Judgment!Court : Gujarat
Reported in : (1984)2GLR1244
..... the attempt of the legislature to amend the principal act by the impugned act of 1981, insofar as it inserted proviso to section 74 and added section 74-a to 74-c and chapter xi-a by sections 2, 3 and 4, respectively, of the said amending act, has misfired for all intents and purposes since the legislature has proceeded on an assumption that there are no definite co-operative principles constituting the basic structure of co-operation in the principal act and the said impugned provisions are void and ineffective ..... merely charitable, cultural or political societies having no business objective, and if co-operative societies in a particular region are found to be functioning unsatisfactorily thereby affecting credit system in the area and also adversely affecting a large section of the people, the registrar would be justified in making statutory provisions for the purpose of revitalising such societies with a view to make them viable, and, therefore, the validity of rule (39) should be examined with ..... majority view emphasised that section 112 of the karnataka act prohibited, persons other than a co-operative society from trading or carrying on business under the name of 'co-operative' or the equivalent in any indian language, and it must be registered as a co-operative society under the act for doing business or carrying ..... time that a scheme of the winding-up, liquidation and dissolution of societies on the lines of the indian companies act, 1913 was incorporated in the 1925 act. .....
Tag this Judgment!Court : Gujarat
Reported in : (1980)2GLR202
..... the consent of parliament certain officials or bodies who are to be treated as agents of the crown even though they have the power of contracting as principals, in the absence of a statutory provision, however, a commercial corporation acting on its own behalf even though it is controlled wholly or partially by a government department, will be ordinarily presumed not to be a servant or agent of the state. ..... activities which are too fundamental to the society are by definition too important not to be considered government functions.the supreme court also referred in this connection to the decision of the united states supreme court in ..... the court ruled that there is neither statutory nor public duty imposed on the appellant-corporation before the supreme court which was a non-statutory body incorporated under the indian companies act, 1913. ..... of june 11, 1978 he was put incharge of machine-shop, welding, paint shop, assembly and despatch section and his salary was increased and fixed at rs. ..... iillj549sc , the respondent-corporation was incorporated under the companies act, 1956 and with its entire share capital contributed by the central government was a government company within the meaning of section 617 of the said act. ..... degree of control exercised over the policy matters and day-to-day functions of the corporation and the nature of the functions discharge by it is under:(1) the respondent-corporation is a government company within the terms of section 631 of the companies act, 1956. .....
Tag this Judgment!Court : Gujarat
Reported in : LC2010(1)217
..... the learned city civil judge, ahmedabad in interim application granting injunction in favour of the respondent - plaintiff and having considered the rival submissions of the parties in light of the statutory provisions contained in the trade marks act as well as the decided case law on the subject, the court is of the view that the learned city civil judge has committed a grave error of law and facts in granting interim injunction in favour of ..... reported in 1996 ptc (16), it is held that in a passing off action, the courts look to see whether there is misrepresentation whereas in infringement matters, it is important to note that the trade marks act gives to the proprietor, an exclusive right to the use of the mark which will be infringed in the case of identical marks and, in the case of similar marks, even though there is no misrepresentation, infringement can still ..... as per section 13 of the act, there is a specific prohibition of registration of names of chemical elements which are commonly used and accepted, name of any single chemical element or name of any single chemical compound, as distinct from a mixture, in respect of a chemical substance ..... of resemblance is necessary and in which field, visual or sound, is from the very nature of things a matter incapable of a definition a priori. ..... gupta reported in : air 1963 sc 449, it is held that what degree of resemblance is necessary to deceive or cause confusion must in the nature of things be incapable of definition a priori. .....
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