Court : Gujarat
Reported in : (2001)4GLR2873
..... same reasons, the provison which lays down that all the seats of chairpersons of panchayats at all levels shall be reserved for the scheduled tribes in the scheduled areas under the second proviso to clause (g) of section 4 of the said act stands justified especially when it is now provided that reservation for the scheduled tribes shall not be less than one-half of the total number of seats. ..... in this group of petitions the petitioners have challenged the constitutional validity of the provisions of the panchayats (extension to the scheduled areas) act,1996 (hereinafter referred to as the said act for short), enacted by the parliament on 24.12.1996 under article 243-m(4)(b) of the constitution of india which empowers the parliament to extend the provisions of part ix of the constitution to the scheduled areas and the tribal areas subject to such ..... 'amendment of the schedule' as also clause 6, which empowered the president to declare the scheduled areas as well as to direct that the whole or any specified part of a scheduled area shall cease to be scheduled area and also to alter, by way of rectification of boundaries, any scheduled area. ..... from the provisions of article 244(1) read with the fifth schedule which is made applicable to the administration and control of the scheduled areas and scheduled tribes in any state other than the states of assam, meghalay, tripura and mizoram for which separate provisions are made in the sixth schedule under article 244(2 of the constitution. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1995Guj133; (1995)2GLR1655
..... life (protection) act is a special act, and whereas power is given to the state government to notify an area as a sanctuary, the power to alter the boundary has been expressly 're-served with the state legislature under sub-section (3) of section 26a. ..... it is difficult to accept the contention that sub-section (3) of section 26a would apply and a resolution of the state legislature would be required only if, for example, the area of the sanctuary was to be reduced, thereby resulting in the alteration of its boundaries but that such a resolution would not be necessary when the existence of a sanctuary is being brought to an ..... sought to be contended that repealing a notification in exercise of the powers under section 21 of the general clauses act would not amount to altering the boundaries of the sanctuary. ..... the effect of this section 38 is thatwith relation to sanctuaries or nationalparks declared by the central government byvirtue of section 26a(3) and section 35(5), it is only theparliament which can alter the boundaries ofa sanctuary declared as such by the ..... this provision issimilar to section 35(5), which provides that therecan be no alteration of the boundaries of anational park except by a resolution passedby the state legislature and section 38, whichmakes the provisions of sections 18 to 35 applicable to sanctuaries or national parks, whichare declared by the central-government andwhich provides that reference to the statelegislature should be construed as .....
Tag this Judgment!Court : Gujarat
Reported in : (2001)2GLR964
..... such. in this regard, we may also make reference to section 26a(3) of the act.now, according to this section, no alteration of the boundaries of sanctuary shall be made except on a resolution ..... india, solicitor general of india and attorney general of india and that as opined by the additional solicitor general, solicitor general and attorney general, such pipeline through a sanctuary can be permitted under section 29 of the wild life (protection) act, 1972, if the damage is negligible and reversible and at the same time, if such activity is beneficial to the conservation of wild life and its habitat in the long run ..... to the marine life, whether such a permission could be granted by the state government and the reference in particular with stress has been made to section 29 of the wild life (protection) act, saying that in accordance with the scheme of the act, section 29 read with the other relevant provisions would show that no such authorisation could be granted by the state government for the purposeof laying down the pipeline ..... b.o.r.l., no further exercise was undertaken by the government and after a short time of dismissal of the petition on the ground that it was premature, the present impugned orders were passed and it was also submitted that no serious consideration was made with ..... which heralded the era of laws for wild life protection was enacted in the year 1887 by the british and was titled as the wild birds protection act, 1887 (x of 1887). ..... . (vi) 1951 (2) england .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1966Guj31
..... which such local area is situated, and to he posted up in conspicuous spots in the said local area in the language of the said district, a proclamation announcing that it is proposed to constitute such local area a municipal district, or to alter the limits of the municipal district in a certain manner, or to declare that such local area shall cease to be a municipal district, as the case may be, and requiring all persons who entertain any objection to the said proposal ..... ) caused to be published a proclamation announcing that if it is proposed to alter the limits of the local area comprised in the municipal district of the municipality of rajpipla, as mentioned in the said notification.and whereas the objections received by the collector to the said proposal or in the opinion of the government of gujarat, invalid.now, therefore, in exercise of the powers conferred by the sub-section (1) of section 4 of the said act and in supersession of government of bombay notification, local self government and public ..... 8th april, 1960, the government of gujarat hereby alters the limits of the municipal district of the municipality of rajpipla so as to include therein, with effect from the date of the publication of this notification in the official gazette the area specified in schedule 'a' and bounded by the boundaries specified in schedule 'b' appended hereto'. ..... the short facts which have given rise to this petition are as under:the petitioner is a partnership firm carrying on business of .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1965Guj234a
..... (5)nothing in this section shall be deemed to affect the operation after the appointed day of the all-india services act, 1951, or the rules made thereunder in relation to the state cadres of thesaid services constituted under sub-section (2) and in relation to the members of those services borne on the said cadres. ..... article 3 deals with formation of new states and alteration of areas, boundaries or names of existing states.this article empowers parliament by law to form a new state by separation of territory from any state or by uniting two or more states or parts of states or by uniting any territory to a part of any state, or to increase the area of any state, or to diminish the area of any state or to alter the boundaries of any state or to alter, the name of any state. ..... instead of asking the central government to divide the service personnel amongst different successor states, which would be a stupendous task within the short time available before the appointed day, the parliament provided that every person serving immediately before the appointed day in connection with the affairs of the principal successor state unless he was required by the ..... in respect of the specific items discussed at this conference, the home ministry would be addressing the state government shortly, communicating the decisions of the central government. .....
Tag this Judgment!Court : Gujarat
Reported in : [1995]84CompCas230(Guj)
..... to which the petition for according sanction is presented earlier in point of time, say, by the transfer company, not only gives anticipatory sanction but also makes a conditional order giving consequential direction under section 394 including the direction as to dissolution, it might possibly be urged that it becomes functus officio upon the passing of such orders and that if any modification is made in the scheme by the court ..... arise in matters of this nature where two different high courts are moved for appropriate orders under section 391 and section 394 of the said act for sanction and approval to the scheme of amalgamation, with or without modification, is very succinctly ..... this is a fit case where the court must lift the veil of corporate personality, namely, mil, and must try to find out whether arvind mafatlal is the alter ego of mil, or as to whether mil simply dances to the tune of arvind mafatlal ..... out that as the decision by the shell group to pull out of nocil was taken at short notice, mil faced a temporary financial crunch for its business requirements and as a result it had ..... the order of injunction does not, in any way, militate against the right, title and interest of the offender in the property in question like an order of ..... peripheral boundaries ..... . it was the case of the plaintiff that in 1951 there was an oral agreement between the two brothers that each branch of the family should always continue to hold an equal number of shares, namely, 25 and that .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1977Guj23; (1976)GLR1152(GJ)
..... between the total of values of the original plots and the total of the values of the plots included in the final scheme, in accordance with the provisions contained in clause (f) of sub-section (1) of section 64;(iv) determine whether the areas used, allotted or reserved for a public purpose or purpose of the local authority are beneficial wholly or partly to the owners or residents within the area of the ..... provided that- (a) he may make variation from the draft scheme;(b) any variation estimated by him to involve an increase of 10 per centum in the costs of the scheme as is described in section 64 or rupees one lakh, whichever is lower, shall require the sanction of the state government: provided further that the town planning officer shall make no substantial variation without the consent of the ..... a notification dated july 19, 1951 declared its intention to make a town planning scheme under sub-section (1) of section 9 of the bombay town planning act, 1915, in respect of the ..... challenged the reconstitution or adjustment of the boundaries at any stage before the scheme was ..... this act, or any other law for the time being in force,- (1) a local authority may make one or more town planning schemes for the area within its jurisdiction or any part thereof, regard being had to the proposals in the final development plan, if any;(2) such town planning scheme may make provisions for any of the following matters:- x x x(d) the construction, alteration and ..... in any way altered by the making of .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1964Guj59; (1963)GLR1033
..... this was precisely the argument put forward by the learned advocate general on behalf of the state in balsara's case, 53 bom lr 932: (air 1951 sc 318), before the supreme court, namely, that there was no use striking down the offending portions in sections 12, 13, 14 and 15 of the act in view of the fact that the import, export, transport, manufacture, sale, purchase, possession, use or consumption of an intoxicant was exempted by the notifications and rules issued ..... the freedom of trade, commerce or intercourse where it operates directly but not merely incidentally to burden, hamper or prevent persons or corporations engaged in the trade or commerce across the state boundaries and that trade and commerce can be regulated unless such regulation is pressed to the point of impairing true freedom of inter-state trade and commerce. ..... however, negatived by the supreme court upon the ground that the impugned sections provided for total prohibition and that though the state had issued notifications laying down exemptions from such total prohibition, the same could be superseded, altered or withdrawn at any time at its sweet will by the state ..... cases suggest that with respect to the rights of association and property, reasonableness of restriction could not be deduced by anything short of a judicial supervision of the administrative decision. ..... of assam, air 196j s c232, where the supreme court had to deal with the assam taxation (on goods carried by roads and inland waterways) act, .....
Tag this Judgment!Court : Gujarat
Reported in : (1965)6GLR282
..... observations were made by their lordships in connection with the argument that the state of punjab was not a person within the meaning of the displaced persons (debts adjustment) act 1951 the observations which their lordships made in connection with this contention are applicable with equal force to the contention that the union of india is not a 'person within the meaning of ..... privy council case in which the test of complete frustration was enunciated.after so quoting the passage their lordships observed as follows at page 677:in the view we take of the construction of the provisions of the act before us in the right of the principles of construction formulated by lord du parcq we do not consider it necessary to examine whether there are any further limitations qualifications or exceptions to the rule as applied to ..... for the purpose of preventing a particular abuse or mischief which abuse or mischief is detrimental to public health and secondly because the aim and purpose of the two impugned sections is not to create any obstruction or impediment in the way of a legitimate trade in genuine french polish and varnish.in that case the learned chief justice was considering the constitutional validity ..... short title ..... is that the transport was not complete until the boundary of the orissa state was crossed or until a situation was reached where the train after having left the last railway station on its border ..... the grant of a licence does not alter the true character of what i am ..... assam ..... assam .....
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