Court : Gujarat
Decided on : Mar-04-2011
..... hospitality business and the petitioner no.2 is the chairman of the said company.1. a search action came to be conducted under section 132 of the income tax act, 1962 (the act) on 8.9.2010, 9.9.2010 and 11.9.2010 on various companies of the neesa group. the proceedings covered around 20 locations/units of various group companies ..... commissioner, commissioner (appeals) and chief commissioner or commissioner shall, for the purposes of this act, have the same powers as are vested in a court under the code of civil procedure, 1908 (5 of 1908), when trying a suit in respect of the following matters ..... , if material was gathered to sustain such belief, the warrant of authorization is illegal. in this regard it may pertinent to refer to the provisions of section 131 of the act, which insofar as the same are relevant for the present purpose read thus:131. power regarding discovery, production of evidence, etc.(1) the assessing officer, deputy commissioner (appeals), joint ..... that the record before the court clearly reveals that the petitioner has attempted to prevent axis private equity limited from furnishing the information requisitioned under section 133(6) of the act. it is, accordingly, submitted that the petitioner no.2 has been making various attempts to thwart further investigation, in respect of the financial transactions. it is stated that in another .....Tag this Judgment!
Court : Gujarat
Decided on : Jan-28-2011
..... of the deposition of respondent no.2 herein shows that in the examination-in-chief, he had stated that the workman was working under him when he was having the contract. not only that, but the muster-roll as well as the pay-register and other documents were produced by him in which the name of the workman and the signature .....Tag this Judgment!
Court : Gujarat State Consumer Disputes Redressal Commission SCDRC Ahmedabad
Decided on : Oct-17-2011
..... 1995) 3 scc 583, has clearly spelt out the status of consumer fora inter alia stating that the quasi judicial bodies/authorities/agencies created by the act known as district forum, state commission and the national commission are not courts though invested with some of the powers of a civil court. they are ..... . the complainants purpose of floating the scheme was to earn profits. the complainants therefore is not ??consumer as defined under section 2(d) of the act. the complainant no. 4 has cancelled the power of attorney of first complainant because of certain dispute in regard to sharing of the profits, etc. ..... and services purchased and availed by them in a market dominated by large trading and manufacturing bodies. indeed the entire act revolves round the consumer and is designed to protect his interest. the act provides for ??business to consumer disputes and not ??business to business disputes. in a recent case of milan barot ..... s.a. makhija, member: 1. this complaint is filed under the provisions of the consumer protection act, 1986 (hereinafter referred to as the act or c.p. a. for the sake of brevity). 2. the short facts of the complainants case are that the complainants ..... had their own plot no. 70-a at bhavnagar, details of which are given in para-2 of the complaint. the complainants decided to float a scheme of flats on their plots and as such they had given contract .....Tag this Judgment!
Court : Gujarat
Decided on : Jan-24-2011
..... have no claim against arcoy; the parties agree and declare that except as detailed herein they have no claim whatsoever against each other and if they have any, under contract (purchase order) dated 19/12/2008, they hereby respectively waive the same. the parties further agree that gmm shall withdraw the criminal case no.1743 of 2010 pending before ..... .1,07,58,472/- (rupees one crore seven lakh fifty eight thousand four hundred seventy two only) as full and final settlement of gmm's claims against arcoy as per contract (purchase order) dated 19/12/2008. on execution hereof, arcoy has issued two cheques bearing no.048453 dated 31.01.2011 and no.048454 dated 31.03.2011 respectively ..... set aside criminal complaint being criminal case no.1743 of 2010 filed before the additional chief judicial magistrate, anand for the offences punishable under section 138 of the negotiable instrument act at annexure-"a" to the application".2. this court while issuing notice on 25.06.2010 granted ad-interim relief in terms of para 7(b) of the application.3 .....Tag this Judgment!
Court : Gujarat
Decided on : May-16-2011
..... into the actions in contractual matters, at the threshold, when the state is entering into a contract, there is duty to act fairly and not arbitrarily. while examining state action of awarding contracts therefore, courts make a more intrusive inquiry.23. with respect to the question regarding power of ..... have been issued in favour of the petitioner and in the past respondents themselves had accepted tenders from jyoti transport and actually granted contracts also to jyoti transport. this time around in the present round of consideration, we find it extremely inequitable to permit the respondents ..... within the meaning of article 12 of the constitution of india. its conduct in all fields including a contract is expected to be fair and reasonable. it was not supposed to act arbitrarily, capriciously or whimsically.15. it is trite that if an action on the part of the ..... of the constitution if the state or its instrumentality acts in arbitrary manner even in matters of contract. it is also well settled that the state has duty to act fairly and not arbitrarily in the matters of awarding contracts and when high court is examining such a state ..... state is violative the equality clause contained in article 14 of the constitution of india, a writ petition would be maintainable even in the contractual field. a distinction indisputably must be made between a matter which is at the threshold of a contract .....Tag this Judgment!
Court : Gujarat
Decided on : May-12-2011
..... the public interest.77. expression of different views and discussions in different meetings really lead to a transparent process and transparency in the decision-making process. in the realms of contract, various choices were available. comparison of the respective merits, offers of choice and whether that choice has been properly exercised are the deciding factors in the judicial review."while ..... a review of the administrative decision is permitted it will be substituting its own decision, without the necessary expertise, which itself may be fallible. the government must have freedom of contract. in other words, a fairplay in the joints is a necessary concomitant for an administrative body functioning in an administrative sphere or quasi-administrative sphere. however, the decision must ..... the favour award to afcons."13. it is in the wisdom of the respondent nos.1 and 2 to award the contract on the basis of the terms and conditions which were clearly mentioned in the tender document. we cannot act as an appellate authority and review the decision taken by the respondents. when the decision is based on tender document, ..... after an objective consideration of different options available taking into account the interest of the state and the public, then court cannot act as an appellate authority by substituting its opinion in respect of selection made for entering into such contract."14. in raunaq international ltd. v. i.v.r. construction ltd. (1999 (1) scc 492) it was observed that the .....Tag this Judgment!
Court : Gujarat
Decided on : Jan-17-2011
..... have given opportunity to the other interested eligible persons. therefore, the mandate of the constitution for providing equal opportunity to all eligible persons in a public contract would not be satisfied. therefore, such action would call for interference by this court under article 226 of the constitution.12. the attempt was made by ..... order had further observed for open bidding amongst the qualified person which ongc could have opted for, if it was so desirous to see that the contract is finalised at the earliest. but the same has not been opted by ongc and as contended by mr.mehta for the respondent ongc, since ..... have taken the benefit of such relaxation should not ordinarily be allowed to take a different stand in relation to compliance of another part of tender contract, particularly when he was also not in a position to comply with all the conditions of tender fully, unless the court otherwise finds relaxation of a ..... experience of two years in the field and condition no.1.1(b) provides for satisfactory work undertaken in the last 5 years of atleast one contract with the further condition of 1.1(c) that the same can be either of the bidder itself or a joint venture company or its technical ..... set aside the decision of the respondent no.1 in qualifying the participation of respondent no.2 and opening price bid of respondent no.2 and acting in any manner further thereafter.3. we have heard mr.mihir thakor with mr.patel for the petitioner, mr.ajay mehta for respondent no.1 ongc .....Tag this Judgment!
Court : Gujarat
Decided on : May-04-2011
..... law. any order or communication which entails civil consequences resulting into depriving the person of a legal right or even ordinary right accrued under the provisions of the statute or contract and such order or communication is passed by the authority within meaning of article 12 of the constitution of india, non-disclosure of reasons in such order amounts negation of ..... besides the point and not an issue, the basic approach of the learned single judge while interpreting clause 16 is also against well settled principle of interpreting clauses of insurance contracts and the law in this regard laid down by the apex court. learned counsel would next contend that the learned single judge erred in holding that it was absolute ..... attached to the policy document conferred absolute discretion in favour of insurance company to revive or reinstate lapsed/dis-continued policies.(b) that subject matter of dispute was pertaining to contract/agreement and, therefore, the petitioner had an efficacious and alternative remedy of filing a suit for damages and(c) that the petitioner had not disclosed his income by producing ..... life insurance corporation act are applicable.8. so far as decisions of the apex court with regard to maintainability of the writ petition under article 226 of the constitution of india and exercise of powers by the court with regard to an dispute raised in a petition filed by the contracting private parties either challenging the terms of the contract or any conditions .....Tag this Judgment!
Court : Gujarat
Decided on : May-06-2011
..... claim in the aforesaid proceedings initiated by the bank for recovery of the loan amount. therefore, even question with respect to the damages for breach of contract and/or claiming damages on the ground that the lesser loan amount was sanctioned which resulted into delay, the said question is now at large before ..... filed by the bank for recovery of loan amount and the suit is filed by the borrower before the civil court for damages for breach of contract etc., with respect to the same transaction, in that case if a joint trial is ordered that would avoid separate overlapping evidence being taken ..... submitted that even otherwise considering section 9 of the code of civil procedure r/w section 18 of the act, it cannot be said that suit filed by the borrower claiming damages for breach of contract is barred.5. shri k.m. patel, learned senior advocate appearing on behalf of the appellants-plaintiffs no ..... said that the borrower's suit and the bank's application were inextricably connected.re : question no. (ii) :12. section 17 of the debts recovery act deals with jurisdiction, powers and authority of the tribunals. sub-section (1) thereof provides that a tribunal shall exercise, on and from the appointed day, the ..... the suit filed by theappellants-plaintiffs no. 1 and 3 claiming damages for breach of contract etc., cannot be said to be and / or cannot be considered as counter claim as envisaged under section 19 of the act. it is submitted that as such the decision of the hon'ble suprme court .....Tag this Judgment!
Court : Gujarat
Decided on : Jan-19-2011
..... any action in contravention to the scheme or the rules, if any.10. the contention that the petitioners were continued in service after 2009 i.e. after expiry of the contract of the contractor if further examined, it appears that it is on account of the interim stay granted by this court, the original petitioners were not relieved and they were ..... relaxation is permitted to be considered on merits of the case, but subject to the age within the limit on the date of having service of the ongc on service contract. therefore, if a person was within the limit prescribed for the post in question at the time when he was engaged by the contractor of ongc, age relaxation was permissible ..... and as per the said scheme, the age relaxation was to be considered on merits subjects to age within the limit on date of having service of ongc in service contract. she submitted that as per the said scheme, original petitioners were not entitled and, therefore, their cases are not considered and she supported the order of the ld. single judge .....Tag this Judgment!