Court : Gujarat
Reported in : AIR2007Guj23
..... about determination of right of the plaintiff to prefer the present admiralty suit in absence of registration of partnership deed and requirement of fulfillment of section 69 of the partnership act and applicability of rules framed by high court of bombay in case of admiralty proceedings do not require any further scrutiny since the court is satisfied on other grounds that ..... of fact, would result in a lopsided trial of the suit.though there has been a slight amendment in the language of order 14 rule 2 cpc by the amending act, 1976 but the principle enunciated in the abovequoted decision still holds good and there can be no departure from the principle that the code confers no jurisdiction upon the court .....
Tag this Judgment!Court : Gujarat
Reported in : (2004)2GLR959
..... any other purpose, as per the provisions contained in section 17a of the gujarat amendment act. it states that when any land vests in the state government or in a corporation or controlled by the state government under the provisions of this act, it shall be lawful that the previous sanction of the state government, to use such ..... with respect to which the legislatures of the states have no power to make a law under article 258(2) must necessarily be subject to the administrative control of the union under articles 256 and 257(1), to the giving of such directions to the states as may appear to the government of india to ..... panchayat housing and urban development department's notification, has constituted ahmedabad urban development authority vide sub-section 4 of section 22 of the gujarat town planning & urban development act, 1976. after consultation with the chief town planner, gujarat state, the auda had declared its intention to prepare the draft town planning scheme no. 38, thaltej on .....
Tag this Judgment!Court : Gujarat
Reported in : [1968]69ITR186(Guj)
..... bilsland v. commissioners of inland revenue. the provision which came up for construction in that case was sub-section (4) of section 33 of the english finance act, 1927, which was couched in the same language as our proviso and construing the words 'exceptional and not systematic', lawrence j. said : 'in my opinion, ..... defined in the shorter oxford dictionary as 'unusual, of the nature of or forming an exception' and 'systematic' is defined as 'involving or observing a system : acting according to system, regular, methodical : carried on as a regular reprehensible practice.' these words according to their plain natural meaning connote that the avoidance of tax must be ..... ' that the english section was enacted. the same mischief also existed in india and, therefore, when the legislature made extensive amendments in the income-tax act in 1939, the legislature introduced section 44f to remedy such mischief. originally the bill did not include any clause corresponding to section 44e and 44f but .....
Tag this Judgment!Court : Gujarat
Reported in : [2001]104CompCas326(Guj); (2001)1GLR220
..... of official liquidator became totally inadequate in strength on account of paucity of staff as against the work.4. it is required to be noted that under the companies act, the official liquidator is required to take charge of the assets when a company goes under liquidation. he is required to file a report before the court ordering ..... on accounting of rust.7. companies (court) rules, 1959 are framed in exercise of powers conferred by sub-sections (1) and (2) of section 643 of the companies act, 1956. when there is a winding-up by the court, a provisional liquidator is appointed. rule 308 for employment of staff reads as under :'308. where the official liquidator ..... more than one companies, and duration of the employment may be fixed either by period or till the complete dissolution of the company.9. section 449 of the companies act as it stands today is a new provisions. the joint committee's report on the companies bill at para 150 made suggestion as under :-'original clause (414) which .....
Tag this Judgment!Court : Gujarat
Reported in : (1964)GLR300
..... the textile mill. since the company is engaged in the textile industry, the relations between the company and its employees are governed by the bombay industrial relations act, 1946. respondent 3 is a doffer employed in the ring spinning department of the textile mill belonging to the company. the duties and wages of doffers for ..... 1) a labour court shall have power to - a. decide - (a) disputes regarding - (i) the propriety or legality or an order passed by an employer acting or purporting to act under the standing orders; (ii) the application and interpretation of standing orders; (iii) any change made by an employer or desired by an employee in respect of an ..... created the offence has also prescribed the court which must try the offence. section 78(1)b empowers the labour court to try offences punishable under the act and where payment of compensation on conviction is provided for, to determine the amount of compensation and order its payment. the labour court has, therefore, jurisdiction .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1972Guj280; (1972)0GLR23
..... does not exceed rs.10,000 in which case civil appellate jurisdiction has been conferred upon the district court. section 8 and 26 of the bombay act, when read together, confer all appellate jurisdiction including residuary appellate jurisdiction upon the district court except in cases where the value of the subject-matter exceeds ..... ? so far as the suits in which the subject-matter in dispute between the parties is capable of monetary evaluation are concerned, section 24 of the bombay act, as i have stated above, confers jurisdiction upon a civil judge (senior division) because the negative test conferring jurisdiction upon a civil judge (junior division) ..... the residuary original civil jurisdiction except the jurisdiction which has been conferred upon civil judge (junior division) by paragraph 2 of section 24 of the bombay act.11. therefore, in my opinion where the value of the subject-matter is either indisputably incapable incapable of monetary evaluation or where it is found by the .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1972Guj92; (1972)GLR269
..... and in such manner as may be provided by or under any law made by the appropriate legislature. the parliament has, therefore, enacted the representation of the people act, 1951, providing the authority an election petition may be filed for challenging the election inter alia to the house of the people. section 80-a gives jurisdiction to ..... bombay, it was in fact made by one rao and not by the government of bombay and it was, therefore, outside the power conferred by the bombay land requisition act, 1948. the petitioner in order to establish this contention, made an application to n. h. bhagwati. j., while the hearing of the petition was in progress, ..... grounds which included inter alia allegations of corrupt practice within the meaning of sub-sections (2) and (3) of section 123 of the representation of the people act, 1951. the appellant contested the election petition and one of the contentions raised by him in an amended paragraph introduced in the written statement was that there were .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1964Guj198; (1964)0GLR300
..... created the offence has also 'prescribed the court which must try the offence. section 78(1)b empowers the labour court 10 try offences punishable under the act and where payment of compensation on conviction is provided for, to determine the amount of compensation and order its payment. the labour court has, therefore, jurisdiction ..... (1) a labour court shall have power to - a. decide - (a) disputes regarding - (i) the propriety or legality of an order passed byan employer acting or purporting to act under thestanding orders. (ii) the application and interpretation of standingorders; (iii) any change made by an employer or desired by.an employee in respect of an industrial ..... the textile mill. since the company is engaged in the textile industry, the relations between the company and its employaes are governed by the bombay industrial relations act, 1946. respondent no. 3 is a doffer employed in the ring spinning department of the textile mill belonging to the company. the duties and wages .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1967Guj19; [1966]17STC581(Guj)
..... pulling or pushing loads, clearing jungles, ploughing kans lands, digging canals or building dams, roads and pipe lines or for moving earth for soil erosion or flood control, etc'. the maharashtra high court held that the principal and primary use of a tractor was not for agriculture and therefore a tractor could not be called on agriculture ..... (1962) 13 stc 313 (mys.) where the question was whether a crowbar is an agricultural implement exempted from sales tax under schedule iii of the mysore sales tax act, 1948, and a division bench held that it is an agricultural implement. the mysore high court observed:' it is not denied that a 'crow-bar' is generally ..... 32 (bom). in that case the question was whether a tractor was agricultural machinery within the meaning of entry 9 of schedule b to the bombay sales tax act, 1953. the argument of the assessee was that a tractor was machinery generally used for agricultural purposes and was therefore agricultural machinery within the meaning of entry 9 .....
Tag this Judgment!Court : Gujarat
Reported in : 1993(41)ECC251; 1993LC147(Gujarat); 1992(59)ELT207(Guj); (1992)2GLR1301
..... officer of the excise department to determine the correct assessable value would be meaningless. this interpretation would make the provisions of section 4(1) of the act unworkable. this interpretation which leads to unworkable results and therefore brings about absurdity cannot be accepted. 20. it was contended that had the collector come to ..... in : 1983ecr653d(sc) . after referring to the aforesaid decision of the supreme court, the collector has held that proviso to section 4(1) of the act empowers the appropriate excise officer to determine the true value of the excisable articles after taking into account any concession shown to a special or favoured buyer because ..... and soda ash used by the petitioner in the manufacture of hollow wares. 7. the summons dated august 21, 1981 as provided under section 14 of the act was issued by the superintendent of central excise (preventive branch) and the petitioner was called upon to produce documents specified therein which included : (1) the .....
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