Court : Gujarat
Decided on : Mar-09-2006
Reported in : (2006)3GLR1840
..... and kirtibhai, an employee of patel onlines, was joined in his place as one of the partners. as regards retirement from partnership firm, provisions are provided in the partnership act and certain questions may arise if they are not followed. we are not entering into those aspects at this stage. as- far ..... he has nothing to do with patel onlines. though, initially he was one of the partners of patel onlines, he thereafter resigned from the said partnership firm and at the time of his arrest, he was not a partner of patel onlies. he took us through the evidence to that effect which ..... mahesh showed apprehension when he was produced before the concerned judge for extension of police custody the day before his statement under section 32 of the act was recorded by the officer. he further submitted that as per the present law, except the statement of the accused recorded under section 32, statements ..... employees of patel onlines transferred money from one place to another through 'hawala' transaction in indian currency by receiving it from one thanmal marvadi kaka and this being their routine business for earning more commission, their act should be treated as bona fide. the appellants were not knowing that the money which was ..... punishable under sections 120b, 121, 121(c) and 122 of indian penal code; sections 3(3), 20(c), 21(1) and 22 of the p.o.t.a. act and also under sections 25(1)(a)(a) and 29 of the arms act.8. during the course of further investigation, statements of present appellants .....Tag this Judgment!
Court : Gujarat
Decided on : Jan-16-2006
Reported in : 132CompCas606(Guj); 71SCL274(Guj)
..... . it also avoids the confusion that might ensue if the court were to allow a direct attachment while it is administering the assets of the partnership. the effect of a charging order is to constitute the decree-holder a secured creditor although he undertakes to deal with the charge subject to ..... of the company and even though such a charge may not have been registered under the provisions of section 109 of the indian companies act, 1913 (section 125 of the companies act, 1956). the said charge would be a security in favour of the plaintiff and the plaintiff cannot be treated as a ..... been used in this section as meaning the principles which regulate the affairs of insolvency proceedings.8.18 section 109 of indian companies act, 1913 (corresponding to section 125 of the companies act, 1956) applies to a mortgage or charge created by the company by contract and not to a charge arising by operation ..... 1, 1978, cannot be said to be unenforceable in view of the provisions of section 17(1)(vi) of the indian registration act, 1908.3.17c section 125 of the companies act refers to contractual charges which may be created by the company itself. the same is not and does not affect any ..... held that such subsequent charge did not require registration. the said judgment has been quoted with approval by the supreme court of india in the case of indian bank v. official liquidator, chemmeens exports (p) ltd. reported in : 3scr255 where the hon'ble supreme court in para 9 after referring to .....Tag this Judgment!
Court : Gujarat
Decided on : Sep-01-2006
Reported in : 2008(223)ELT565(Guj); (2007)2GLR1744
..... such other or further reliefs as may deemed fit, just and proper in the interest of justice and fairness of things.2. the petitioner, a partnership firm, is engaged in the business of purchase and sale of various kinds of pulses and grains etc. the petitioner is also exporting the said goods ..... also 24-6-2006. as per the details placed on record on behalf of respondent nos. 3 and 4 in the form of print out from indian customs e.d.i. system, it is apparent that the customs authorities have allowed stuffing of the cargo viz. clearance of the containers.8. the ..... that the case of the petitioner is not governed by the said notification because by virtue of order made under section 51 of the customs act, 1962 (customs act) and paragraph no. 9.12 of the handbook of procedures, volume i in relation to foreign trade policy 2004-2009 any modification to the ..... are being denied and no other disadvantage is contemplated does not merit acceptance. admittedly, the term 'disadvantage' has not been defined either under the foreign trade act, or under the foreign trade policy, or under the handbook of procedures, and therefore, ordinary meaning shall have to be assigned to the said term. the ..... the goods are in ready to export condition.3. in exercise of powers conferred by section 5 of the foreign trade (development and regulation) act, 1992 (foreign trade act), respondent no. 2 issued notification dated 27-6-2006 prohibiting export of various goods mentioned therein for a period of six months from the .....Tag this Judgment!
Court : Gujarat
Decided on : Dec-22-2006
Reported in : AIR2007Guj150
..... ground that the jurisdiction of the civil court was already excluded by the provisions of the gujarat public works contracts disputes arbitration tribunal ordinance, 1991.2. the present petitioner is partnership firm of engineers, contractors and consultants. the executive engineer, roads and buildings division, bharuch had invited tenders for the work of constructing an office-cum-laboratory building for fishery ..... and scope), reads as under:the fundamental principle of english law that wherever there is a right, there is a remedy (ubi jus ibi remedium) has been adopted in the indian legal system also. in fact, right and remedy are but the two sides of the same coin and they cannot be dissociated from each other. accordingly, a litigant having a ..... within the jurisdiction of the revenue court and the jurisdiction of the civil court has been ousted. the additional district judge, who heard the suit, held that the amending act did not affect the pending proceedings. though the learned single judge reversed the decision of the trial court, the division bench of the high court of bombay held that there ..... notification in the official gazette, appoint. for that purpose, the state government has issued a notification dated 10th december, 1993 under sections 1, 2 and 3 of the arbitration tribunal act, 1992 and by the said notification, the government fixed the date with effect from 1st january, 1994 and the tribunal to be called as 'gujarat public works contracts disputes arbitration .....Tag this Judgment!