Court : Gujarat
Reported in : 2008(120)ECC231; 2008(156)LC231(Gujarat); 2008(232)ELT600(Guj)
..... payment of customs duty, customs duty having been paid and out of charge order having been issued under section 47 of the customs act, 1962?c. whether in the facts and circumstances of the case, the tribunal is justified in permitting filing of fresh bill of entry after an out of charge order is issued so as to substitute the name ..... the amounts shown as profits in its accounts. the point for decision is whether there arises out of the order of the tribunal any question which can be the subject of reference under section 66(1) of the act. under that section, it is only a question of law that can be referred for decision of the court, and it ..... re-framed by the appellant are answered in negative, meaning thereby it is held that the tribunal was not justified in permitting the respondent to file a fresh bill of entry contrary to provisions of section 149 of the customs act, 1962. similarly, the tribunal was not justified in permitting the respondent to file a fresh bill of entry in respect of .....
Tag this Judgment!Court : Gujarat
Reported in : 2007CriLJ3579; (2007)2GLR2114
..... and, therefore, he also ran with jalaji. while in his deposition, he stated that there were 8 persons standing when they descended from rickshaw and he identified four accused armed with dharia, sticks and knife. in contradiction, he stated that accused no. 1 gave blow in his left hand and leg. however, this fact has not been stated ..... learned trial judge erred in coming to the conclusion that only some lines in respect of injuries caused by accused nos. 1 and 3 to banesingh vajesingh could be acted upon and rest of the whole evidence of banesingh vajesingh was not trustworthy. it is submitted, therefore, that the learned trial judge ought to have come to the ..... under sections 148, 323, 307, 302 read with section 149 of the indian penal code as well as for the offences punishable under section 135 of the bombay police act, 1951.2. vide abovesaid judgment and order, the learned trial judge acquitted all the nine accused for the offences charged against them so far as the offences punishable .....
Tag this Judgment!Court : Gujarat
Reported in : 2000ACJ622; AIR1999Guj292; (1999)3GLR2074
..... a correct view by impliedly determining the liability for the employees under sub-clause (i). 5. the accident had occurred on 3-9-1992 after the coming into force of the motor vehicles act, 1988 and, therefore, the provisions of section 147 thereof will govern the field. the relevant provision that falls for our consideration reads as under:-- '147. ..... to show that the public carrier was lying in a stationary condition on the national highway at night. the injured persons who were examined, narrated the incident and the tribunal, in our opinion, has rightly found that there was contributory negligence to the extent of 50% on the part of both the drivers. 3. on the basis of ..... who were the employees of the gujarat water supply and sewerage board to which the jeep belonged. the accident had occurred on the kandla-ahmedabad national highway. 2. the tribunal, on the basis of the material on record, came to a finding that there was negligence on the part of the driver? of both the vehicles. it was .....
Tag this Judgment!Court : Gujarat
Reported in : [2007(114)FLR1139]
..... year preceding his termination. filing of an affidavit is only his own statement in his favour and that cannot be regarded as sufficient evidence for any court or tribunal to come to the conclusion that a workman had, in fact, worked for 240 days in a year. no proof of receipt of salary or wages for ..... that section 25h is violated by the respondents even in oral evidence also, workmen have not disclosed the fact that respondent has violated section 25h of the industrial disputes act, 1947. though, labour court has considered the evidence of the witness of the petitioners, breach of section 25h is not proved by the petitioners. no documentary evidence ..... a scheme, and in that occasion, when another scheme was going on, the respondent has not called the petitioners as required under section 25h of the industrial disputes act, 1947. therefore, he submitted that labour court has committed gross error in rejecting the reference. he also submitted that at present also the work is going on, even .....
Tag this Judgment!Court : Gujarat
Reported in : (2008)3GLR2057
..... to avail of appropriate legal remedies, inclusive of arbitration, as may be provided by the contracts. lastly, it was pleaded that there was clause of force majure and the effect thereof would have to be worked out by the contracting parties.22. the contentions raised by various counsels appearing for various petitioners and ..... conscience of the appellant in fixing the terms and conditions in table 58 and of their justness and fairness on the touchstone of public element. the arms of the high court is not shackled with technical rules or of procedure. the actions of the state, its instrumentality, any public authority or person ..... time to time. 43. therefore, merely because the dispute also falls within the domain of contractual obligations would not relieve the state of its obligation to act fairly, to take into account relevant considerations and discard irrelevant considerations. even while being circumspect, to adjudicate disputes arising out of contract the court in exercise .....
Tag this Judgment!Court : Gujarat
Reported in : (2009)3GLR2167
..... in the performance of the duties imposed on it or functions entrusted to it under any provision of the act or any other law for the time being in force so as to call for invocation of powers under section 253 of the act. merely because within its short tenure the panchayat had not taken any action for controlling the unauthorized constructions, ..... default in the performance of the duties imposed on it or functions entrusted to it under any provision of this act or by or under any other law for the time-being in force, or fails to obey an order made under this act by the panchayat superior thereto or by the state government or any officer authorised by it, under this ..... default in the performance of the duties imposed on it or functions entrusted to it under any provision of this act or by or under any other law for the time-being in force, or fails to obey an order made under this act by the panchayat superior thereto or by the state government or any officer authorised by it, under this .....
Tag this Judgment!Court : Gujarat
Reported in : AIR2008Guj44; (2008)1GLR213
..... code of civil procedure read with the provisions of section 99 of the act. it was submitted that the tribunal had erred in placing reliance upon the decision of the rajasthan high court in the case of ram prasad v. hari narain and ors. which is ..... and 2 from executing power-of-attorney and/or empowering the petitioner no. 3 to act as their power-of-attorney.8.6 it was further contended that the tribunal had committed serious error of law in ignoring the provisions of the power-of-attorneys act, 1882 as also the provisions of order i, rule 12 and order ix of the ..... being aggrieved by the aforesaid order, the petitioners carried the same before the tribunal by way of revision under section 150(9) of the gujarat cooperative societies act, 1961 (the act) being revision application no. 41 of 2002. by the impugned order dated 16-2-2002, the tribunal dismissed the revision application and confirmed the order passed by the board of nominees .....
Tag this Judgment!Court : Gujarat
Reported in : [2008]143CompCas580(Guj)
..... that context that the rights of the official liquidator were discussed in international coach builders ltd. the debt recovery tribunal and the district court entertaining an application under section 31 of the sfc act should issue notice to the liquidator and hear him before ordering a sale, as the representative of the creditors ..... recovery officer. no dual jurisdictions at different stages are contemplated. further, section 34 of the act clearly stated that rdb act overrides other laws to the extent of 'inconsistency', obviously, the prescription of an exclusive tribunal both for adjudication and execution is a procedure clearly inconsistent with realisation of these debts in any ..... of any other court or authority which would otherwise have had jurisdiction but for the provisions of the act, is ousted and the power to adjudicate upon the liability is exclusively vested in the tribunal. the court further observed that even in regard to 'execution', the jurisdiction of the recovery officer is .....
Tag this Judgment!Court : Gujarat
Reported in : AIR2007Guj81
..... to the state government. section-3 of the gujarat act no. 14 of 1973 reads as under:3. (1) notwithstanding anything contained in any law for the time being in force or in any settlement, grant, agreement, usage, custom or any decree or order of a court or any tribunal or any other document, with effect on and from ..... cultivation on the appointed day and as is not in excess of the ceiling area within the meaning of the expression in the gujarat agricultural lands ceiling act, 1960 for the time being in force or any building or structure standing thereon or appurtenant thereto.explanation. - in this section, the expressions `tenant' and `personal cultivation' shall have the ..... the appointed day if it is not in excess of the ceiling area within the meaning of the expression in the gujarat agricultural lands ceiling act, 1960 for the time being in force or any building or structure standing thereon or appurtenant thereto.10. both the courts have recorded a finding of the fact that the land in .....
Tag this Judgment!Court : Gujarat
Reported in : 2008CriLJ2379; (2008)2GLR1216
..... forfeiting the aforesaid two properties as mentioned in the show cause notice. aggrieved thereby, the petitioners preferred two separate appeals before the respondent no. 1-appellate tribunal who by his order dated 1st february, 2006 dismissed both the appeals by a common order and confirmed the order passed by the competent authority, giving rise ..... income, earnings or assets and hence, treated as illegally acquired property within the meaning of clause (c) of sub-section (1) of section 3 of the act.8. considering these prima facie observations in the notice, there is no doubt that reasons for belief have been explicitly recorded by the competent authority, and therefore, ..... wife respectively. the petitioner no. 1 durlabji narsibhai jogia came to be detained under the provisions of conservation of foreign exchange and prevention of smuggling activities act, 1974 (cofeposa for short) by the state government vide order dated 21-1-1992 which was confirmed by the advisory board on 6-4-1992 and .....
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