Court : Gujarat
Reported in : (1974)15GLR474
..... that all the provisions of these our letters patent are subject to the legislative powers of the governor general in legislative council and also of the governor-general in council under section seventy-one of the government of india act, 1915, and also of the governor-general in cases of emergency under section seventy-two of that act, and may be in all respects amended and altered thereby.it may be noted that clause 37 of the letters patent of 1862 was dropped in the letters ..... jurisdiction, original and appellate and all such powers and authority for, and in relation to, the administration of justice in the presidency for which it is established, as her majesty may by such letters patent as aforesaid, grant, and direct subject, however, to such directions and limitations as to the exercise of original civil and criminal jurisdiction beyond ..... on 6th august 1861 the high courts act 1861 was enacted by the british parliament; section 1 of this act empowered her majesty, by letters patent, to erect and establish high courts of judicature at fort william in bengal, madras and bombay and section 9 provided that 'each of the high courts to be established under this act shall have and exercise all such civil, criminal... ..... alexander shaw urquhart 4 bengal law reporter 181. ..... her majesty in exercise of the power conferred under section 1 issued three letters patent in identical terms on 14th may 1862 establishing high courts of judicature at fort william in bengal, madras and bombay. .....
Tag this Judgment!Court : Gujarat
Reported in : (2008)3GLR2262
..... petitioner and manganese ore being a major mineral has specified in schedule i of the act and before taking an official decision on the application of the petitioner for mining lease, prior approval/concurrence of central government is required and as part of such procedure consultation was made by the state government as envisaged by section 5 of the act, which is an administrative function in nature and on the basis of such approval and decision, no legal right ..... passed for sanctioning the lease in favour of the petitioner after the approval was granted by the central government vide order dated 8.3.2002 in exercise of power under section 5 of the act, all rights have been crystallized in favour of the petitioner, more particularly, when the petitioner had complied with all the conditions laid down in the aforesaid orders, after approval, sanction ..... there cannot be any different opinion about what the apex court has referred to the authoritative work of the book on administrative law by professor wade about requirement of assigning reasons while exercising powers by the authority so as to rule out arbitrariness and unreasonableness which are anti-thesis of equality as ..... 5 lastly submitted that amendment made in article 19 shows that according to the legislature, a law relating to the creation of state monopoly should be presumed to be in the interest of general public and no limit is placed on the power of the ..... reported in : air1990sc2205 in the case of state of west bengal v. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1975Guj39
..... her majesty, by letters patent to erect and establish high courts of judicature at fort william in bengal, madras, and bombay and section 9 provided that'each of the high courts to be established under this act shall have and exercise all such civil, criminal ......jurisdiction, original and appellate and all such powers and authority for, and in relation to the administration law justice in the presidency for which it is established, as her majesty may by such letters ..... clause to which we may refer and it is in these terms:-'and we do further ordain and declare that all the provisions of these our letters patent are subject to the legislative powers of the governor-general in legislative council and also of the governor-general in council under section seventy-one of the government of india act, 1915, and also of the governor-general in cases of emergency under section seventy-two of that act, and may be in all respects amended and, altered thereby. ..... 1861 provides in so many terms that the jurisdiction, power and authority of every high court established under that act shall be 'subject and without prejudice to the legislative powers in relation to the matters aforesaid of the governor general of india in council' and clause 44 of the letters patent declares that the provisions of the letters patent are 'subject to the legislative powers of the governor general in council' and may thereby be in all respects amended and altered. .....
Tag this Judgment!Court : Gujarat
Reported in : (1984)2GLR1094
..... the annual letting value of the building in terms of the amended provisions of the bengal municipal (amendment) act, 1980, was challenged by way of a petition under article 226 of the constitution before the high court and the high court granted interim stay of the levy as per the amended provision of the aforesaid act. ..... these very contentions could have been raised right from the beginning and if they are not taken from the beginning, the same can still be taken by way of amendment, the petitioner should be relegated to the remedy of civil suit which the petitioner has already filed and which is pending.15. ..... claim of the petitioner-company regarding the total exemption from payment of octroi duty as per 'the order' passed by the government under section 99 of the act is concerned, i have expressed definite opinion that on the basis of material placed on record in this petition the relief prayed for by the petitioner-company ..... however, before discussing and deciding the aforesaid rival contentions with regard to the applicability of the order passed by the government under section 99 of the act, it will be necessary to decide as to whether this part of the subject-matter of the petition should be treated as a petition under article 226 and not under ..... of this nature would paralyse the administration and dislocate the entire working of the ..... industries and general manager, rajkot ..... of the act empowers the municipality to impose octroi duty subject to any special or general order passed by .....
Tag this Judgment!Court : Gujarat
Reported in : (1967)8GLR436
..... it is patently clear even from the admissions of the railway itself that the notice had been actually received by the railway and had been acted upon by the railway administration itself and the union of india in the written statement also accepts in terms the fact that the notice under section 80 had been received by the railway. ..... it was further held that even if a notice under section 80 failed to mention the defendants whom the plaintiff wished to sue correctly or did not mention him at all except in a general manner, then his suit could not be rejected oft the ground that he had not complied with the requirements of section 80 so long as he stated the cause of action which was the foundation of his suit and ..... while rejecting this revision application the learned judge observed as under:while dealing with the question as to whether amendment should have been allowed or not, it is necessary to consider whether the notice given under section 80 was a valid notice or not. ..... the plaintiff had booked two consignments of 55 and 50 cases of tea from jadabpur in west bengal which is known as eastern railway for conveyance and safe delivery to the plaintiff at jetpur station which is in the western railway. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1962Guj88; (1962)0GLR204
..... list ii was amended by the india-burma miscellaneous amendment act, 1940, and that entry as amended read ''education, including ..... universities and colleges is covered by entry 66 of list i-since in considering the scope of the various entries in the legislative lists the widest possible amplitude must he given to the words 'used and each general word must be held to extend to ancillary or subsidiary matters, which can be said to be reasonably comprehended in it, the question may be put in another form namely, whether the subject of medium of ..... and prizes, to institute and confer degrees, titles, diplomas and other academic distinctions, to confer honorary degrees, titles or other academic distinctions, to make, amend or repeal the statutes, to consider the annual financial reports, annual accounts and financial estimates and pass resolutions with reference thereto and to elect office bearers and authorities as provided in ..... this right except upon terms tantamount to surrender of their constitutional right of administration of educational institutions of their choice is in truth and in substance ..... bengal or madras for example whose language is marathi, bengali ortamil and who are not equipped with adequate knowledge of gujarati or hindi, but, who, by sheer stress of circumstances, have to reside in gujarat, are precluded from taking higher education in any of the colleges run by private concerns or individuals, which have got to be affiliated under the provisions of section 5 of the act .....
Tag this Judgment!Court : Gujarat
Reported in : (2009)22VST569(Guj)
..... view expressed in public circular dated february 19, 2001 that the judgment of the supreme court rendered in coastal chemicals limited (supra) is based on the language of section 5b of the andhra pradesh general sales tax act, 1957, which is quite different from the language of the act and the rules framed thereunder and, therefore, the principle laid down by the supreme court in coastal chemicals limited (supra) is not applicable to the cases arising under the ..... it was contended that the circulars issued by the department are binding on the authorities on the administrative side, but the same cannot fetter the exercise of the quasi judicial power and the statutory authority invested with such powers has to act independently in arriving at a decision under the act as a result of which, circular dated february 19, 2001 cannot be treated as binding on the respondents. ..... on april 1, 2000, section 5c of the act was amended by insertion of a proviso which in essence reiterated the view expressed in the circular dated april 12, 1996. ..... in support of this submission, the learned counsel placed reliance on the decisions in (1) west bengal hosiery association and ors. v. ..... : [2004]269itr97(sc) ; (24) west bengal hosiery association and ors. v. ..... (supra); (2) west bengal hosiery association (supra); and (3) texmaco limited v. ..... the learned counsel contended that the ratio laid down in the decisions in (1) west bengal hosiery association v. ..... in west bengal hosiery association and ors. v. .....
Tag this Judgment!Court : Gujarat
Reported in : [1992]85STC258(Guj)
..... period commencing on the 1st july, 1985 and ending on the day immediately preceding the date of commencement of the bombay sales tax (amendment) act, 1990, or is exempted from furnishing such return, by a general or special order issued in this behalf by the commissioner, furnish a consolidated return including therein the turnover of such purchases for the ..... are the petitioners entitled to (3) if the impugned provision is within the legislative competence, whether the validating provision of section 4(2) of the gujarat sales tax (amendment) act, 1990, can sustain all actions taken and all taxes paid and all assessments made under old section 15b which is replaced by the impugned new gujarat provision ..... bengal taxation tribunal voided the provisions of sections 4(6)(ii), 5(7)(iii) and sub-section (2a) and 2(b) of section 26a of the bengal finance (sales tax) act, 1941 and the provisions of section 4(2)(i) and 4(2)(iia) and 28 of the west bengal sales tax act, 1954, as amended by the west bengal taxation laws (amendment) act ..... a later stage for administrative convenience. ..... administrator, bangalore city corporation : 1997(91)elt27(sc) , there is no question of passing on the so-called purchase tax to the consumers by the petitioners; and therefore, the amount collected by the respondents without any authority of law should be refunded to the petitioners with interest at 24 per cent per annum at which rate the respondents charge interest from the assessee under section 47(4a) of the act .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1964Guj82; (1964)0GLR329
..... reasons the apprehensions of various states therein mentioned and come to the conclusion from the difficulties therein, referred to that the restrictions contained in the amendment act xxxi of 1962 cannot be condemned as excessive or unreasonable, especially in view of the fact that clause (aa) of section 40(1) of the act only gives power to the appropriate government to give its consent for acquisition in cases of companies which are engaged or which, have taken steps ..... the petition is by ten individuals holding different lands in respect of which separate acquisition proceedings have been taken, but in view of the fact that the learned advocate-general expressly stated that the did not wish to raise any contention as regards the maintain ability of such a joint petition, it does not become necessary for us to deal with any question as ..... that the legislation dealing with acquisition or requisition as contemplated by article 31(2) read with clause (2a) had the effect of excluding the operation of article 19(1)(f) and therefore the west bengal act ii of 1948, which dealt with acquisition and requisition as contemplated in article 31(2) of the constitution, could not be held to be ultra vires on the ground that it ..... in its opinion constituted danger to public peace or that it had interfered or interfered with the maintenance of public order or had such interference as its object or had interfered or interfered with the administration of the law or had such interference as its object. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1983Guj34; (1983)1GLR292
..... on november 27, 1975 notice of motion was taken out by the learned advocate of 1st and fourth defendants for stay of the suit and proceedings under section 3 of the foreign awards (recognition and enforcement) amendment act, 1973 (hereinafter referred to for the sake of brevity as foreign awards act) on the ground that there was an arbitral clause in the chartered party contract entered into between the 1st plaintiff and the first defendants hereto. ..... , considered the entire historical as well as legal perspective of the provision contained in section 3 of the foreign awards (recognition and enforcement) (amendment) act, 1973 and the foreign awards act of 1961, and held as under:'in other words, paragraph 3 of the article ii of the convention cleary obliged the court of a contracting state, at the request of one of the parties, to the arbitration agreement, to refer the par-ties ..... the person within its jurisdiction from instituting or prosecuting suits in a foreign court whenever the circumstances of the case make such an interposition necessary or proper, and although it is moot point whether section 35 of the arbitration act, 1940 will be applicable to such a case, the principle embodied in that section cannot be completely ignored while considering the question of injunction. ..... was duly ratified by the government of india and was deposited with the secretary general of united nations on july 13, 1960. ..... madras : [1955]2scr374 and state of west bengal v. ..... bengal corporation : .....
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