Court : Gujarat
Reported in : (2005)1GLR603
..... that the conditions of clause 2(bb) section 2(oo) are satisfied, so the finding of the tribunal and the high court that the government failed to comply with the condition of section 25f of the i.d.act is illegal, bad and liable to set aside.9.5 the learned agp submitted that definition of 'retrenchment' under clause 2(bb) of section 2(oo) purports to exclude from the ambit of definition of retrenchment; ..... the appellant during the period of probation is in terms of order of appointment read with regulation 14, which shall be deemed to be now rules under the act and, ultimately supreme court dismissed the slp.9.6.2 the learned agp has relied upon the constitution bench judgment of the hon'ble the apex court in the ..... while holding that, termination of services of respondent amount to retrenchment, the learned single judge has not considered clause (bb) of section 2(oo) of the industrial disputes act and because it contemplates that: 'termination of service of workman as a result of non renewal of contract of employment between employer and workman concerned of its ..... act but we have also considered the judgments of the hon'ble the apex court in the case of m venugopal (supra) and punjab land development officer (supra), escorts ltd (supra), uprton india (supra), and also division bench judgment of this court on the case of j.j.shrimali (supra) and also the division bench judgment of the hon'ble madhya pradesh high court in the case of mukhtyar singh (supra), judgment of the bombay ..... 1878 .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1962Guj25; (1961)0GLR518
..... time, with the previous sanction, in the case of a city municipality, of the state government, or in other cases of the commissioner, to make, alter or rescind bye-laws, but not so as to render them inconsistent with this act, for, among other things, regulating conditions on which permission may be given for the temporary occupation of, or the erection of temporary structures on, public streets or for projections over public street and regulating the structure and ..... government which may become vested in the municipality, be under their direction, management and control, and shall be held and applied by them astrustees, subject to the provisions and for the purposes of this act; that is to say--; x x x x x (f) all public streets, and the pavements, stones and other materials thereof and also all trees, erections, materials, implements and things provided for such, streets'. ..... in the result, our answer to the question whether the provisions of section 90, sub-section (5) of the bombay district municipal act, 1901, as adopted, are valid or not, is that to the extent that section 90, sub-section (5) refers to streets as implying any road, footway, square, court, alley or passage accessible temporarily to the public and to the ..... cherlton, (1878) 4 qbd 104 that, in construing an act of parliament which conferred a right upon a public authority for which they do not pay, the court gave the best effect to the intention of the legislature by limiting the right to the area which is .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1973Guj131; (1972)GLR880
..... or other co-owners must loin in giving such notice the rule of estoppel which precludes a tenant from denying the title of his landlord at the commencement of his tenancy is embodied in section 116 of the evidence act.this rule, on the plain terms of the section, applies only during the continuance of the tenancy but it has now been held by decisions of the highest court that it also continues to operate subseauent to the ..... it is clear from the context in which that clause occurs as also from the provisions of sub-sections (3-a) and (3-b) of section 13 read with rule 2 of the bombay rents hotel and lodging house rates control (tribunal) rules 1931 that the landlord referred to in clause (hh) cannot be a rent-farmer or rent-collector but must necessarily be the owner ..... a lease is granted by a co-owner professing or claiming to be the sole owner of the leased property or one of the co-owners grants the lease without disclosing that he is also acting on behalf of the other co-owners the doctrine of estoppel would apply and the tenant would be precluded from showing that his landlord was not the exclusive owner of the leased property but was ..... revision application preferred under section 29 sub-section (2) of the bombay rents, hotel and lodging house rates control act, 1947, (hereinafter referred to as 'the rent act') has been placed before us on a reference made by ..... is in direct contradiction to the earlier decision of the division bench in (1878-79) ilr 3 bom 23 (supra). ..... (1878-79) ilr .....
Tag this Judgment!Court : Gujarat
Reported in : AIR2002Guj59
..... sinha pointed out that scant respect has been paid to the provisions of bombay provincial municipal corporations act, 1949 and bye-laws framed thereunder by the builders, owners of the buildings, occupiers, and all concerned with the construction ..... similarly, definition of the word 'residence' is given in sub-section (xxiv) of section 2 of the gujarat town planning & urban development act, 1976 (hereinafter referred to as the development act), which reads as under :(xxiv) 'residence' includes the use for human habitation of any land or building or part thereof, the use of gardens, grounds, garages, stables and outhouses, if any, appertaining to such land ..... we therefore direct the registry to issue notice against these officers, returnable on 23rd july 2001, under the contempt of courts act and under article 215 of the constitution of india as to why action should not be taken against them and as to why they should not be held liable for the amount required for installation of fire ..... case, though their attention was drawn, they have neglected to carry out the provisions made in the act and the rules and have failed to disprove the allegations that they are in collusion with the builders ..... which reads as under :'in case any building fails to have these safety measures, all legal steps contemplated by the various acts and rules, should be pressed into service, and effective action should be taken against erring builders/owners.'42. ..... as far back as 1878 the law was succinctly explained .....
Tag this Judgment!Court : Gujarat
Reported in : (2002)2GLR741
..... camouflaged for abuse of the power and trust entrusted with public authority or public servant for performance of public duties.in the instant case, despite the mandate of the legislature under the various acts to see that the buildings are permitted to be occupied only after the building use permission is granted, these authorities, namely the auda and the corporation have permitted with open eyes the ..... permission for construction was granted in accordance with law, the construction was completed in accordance with law and thereafter bu permission was granted in accordance with law and thereafter if the owner of the building was acting in such a way that the tenants or other residents were not getting the essential supplies, then, in such a case, the commissioner, if approached, was required to decide the matter in view of section ..... of gujarat, municipal commissioner, ahmedabad municipal corporation and chairman, auda to place explanation before this court on oath for not carrying out the directions issued by the court and not acting in accordance with the mandate of the legislature and the rules and regulations framed by the corporation and the rules and regulations framed under the gujarat town planning & urban development ..... sinha pointed out that scant respect has been paid to the provisions of bombay provincial municipal corporation act, 1949 and byelaws framed there under by the builders, owners of the buildings, occupiers, and all concerned with ..... far back as 1878 the law was .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1986Guj1; (1985)1GLR437
..... after referring to various authorities like tyabji's muslim law on the point in para 24 has observed as under: -''although it is true that a mutawalli is not a trustee within the meaning of the act, or as understood either generally or under the indian trusts act, but the nature of the duties which he is required to perform are more or less the same. ..... mutwalli as mentioned in para 529 of tyabji's book are that mutawalli may do all acts reasonable and proper for the protection of the waqf property, and for the administration of ..... clear that it not only means any person appointed under instrument of wakf or verbally but it would also include khadim, mujawar, sajjadanasin and except or otherwise provided in the act any person or committee for the time being managing or administering any wakf property as such. ..... authority to be the mutawalli of a wakf and includes any naib-mutawalli khadim, mujawar, sajjadanasin, amin or other person appointed by a mutawalli to perform the duties of a mutawalli and, save as otherwise provided in this act, any person or committee for the time being managing or administering any wakf property as such. ..... thus it is clear from the above judgments and particularly (1878-79) ilr 3 born 84 that mutawalli can file a suit ..... damodar premji .it is a division bench of the bombay high court wherein it is held as under: -'supposing the wakf to have been validly created, the right to bring the suit belonged (according to mahornedan law) not to the heirs or descendants of .....
Tag this Judgment!Court : Gujarat
Reported in : 1981(8)ELT617(Guj)
..... these goods to be manufactured without licence and to be cleared from the factory without payment of excise duty, no reasonable person could have been in a position to say that the goods were liable to confiscation and therefore though the act of seizure of the goods in the facts and circumstances of the case might be held to be bad, still the process of adjudication should be allowed to be gone through so that the excise authorities on the facts of this ..... has already been issued and though the sea customs act of 1878 has now been repealed and replaced by the customs act, by virtue of the general clauses act reference to sea customs act of 1878 has to be read as reference to the customs act of 1962. ..... however, in the affidavit of august 4, 1981 it has been contended on behalf of the petitioners in paragraph 2 of the affidavit that under section 2(f) of the central excises act, the definition of 'manufacture' includes any process incidental or ancillary to the completion of a manufactured product and therefore the term includes within its sweep any process which is conjoined with or accompanying or going along ..... not account for any excisable goods manufactured, produced or stored by him, or engages in the manufacture, production or storage of any excisable goods without having applied for the licence required under section 6 of the act, or contravenes any of the provisions of these rules with intent to evade payment of duty, then all such goods shall be liable to confiscation.......... .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1978Guj216; (1978)0GLR315
..... -company can claim an injunction restraining the defendant-company from carrying on its business in such a deceptively similar name can scarcely be disputed in view of decisions rendered by english courts going back to 1898 and a decision of the bombay high court going back to 1922 (national bank of india v. ..... it is enough if the plaintiffs prove that the act of the defendants in assuming the name complained of is an injury to the plaintiffs' rights; north cheshire and machester brewery co. v. ..... it is now zero-hour to refer to the law laid down by the high court of bombay in national bank of india v. ..... merchants' joint stock bank ((1878) 9 ch d 560,563). ..... 25 was in the following terms:-'sub:- similarity in namecibatul limited was registered as a corporate body with the registrar of companies, ahmedabad under the companies act, 1956 on 7-12-1960. ..... if it acts merely on the evidence of witnesses, then it would be abdicating its function of deciding whether the two names are deceptively similar or not in favour of witnesses who were examined at the trial. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1985Guj187; (1985)1GLR374; (1985)1GLR374
..... which apply to the instant case are:'23(2) in determining the amount of maintenance, if any, to be awarded to a wife, children, or aged or infirm parents under this act, regard shall be had to --(a) the position and status of the parties; (b) the reasonable wants of the claimant;(c) if the claimant is living separately, whether the claimant is justified in doing so;(d) the value of the claimant's property ..... of the intended application for a call of # 10 a share, dated the 27th august, 1878, had been returned undelivered to the dead letter office, having been carelessly addressed. ..... various proceedings might be effected on contributories, being past members, by posting the same either in england or in bombay duly addressed to the last known address or place of abode of such contributories. ..... the bank was an english joint stock company registered under the english companies act, 1862, and the winding up order was made by the court of chancery in england on the 20th ..... hearing it was proved that one of the notices which had been posted in bombay addressed to the defendant at sumari, in the surat district, viz. ..... portion of which the dargah of peer haji malang near kalyan is situated, was the property of the dargah or whether it belonged to the appellant, a private party who was the applicant ~before the authority under the bombay public trusts act, 1950. ..... 1878, made an order for a call of e 10 per share upon the contributories, and on the 5th june, 1879, the final balance order was made by .....
Tag this Judgment!Court : Gujarat
Reported in : (2009)1GLR387
..... or part thereof which is within the regular line of the street should not be pulled down and the land within the said line be acquired by the commissioner.sub-section (2) of section 212 of the b.p.m.c. act permits the commissioner with approval of the standing committee to require such owner by a written notice to pull down the building or part thereon, if the owner fails to show sufficient cause to the satisfaction of ..... public street operative under any law for the time being in force in any part of the city on the day immediately preceding the appointed day shall be deemed to be a street line for the purposes of this act until a street line is prescribed by the commissioner under this clause;(b) from time to time, but subject in each case to the previous approval of the standing committee, prescribe a fresh line in substitution for any ..... reported in : [1975]1scr1 , in which the apex court while upholding the constitutional validity of the bombay municipal corporation act (iii of 1988) observed that if from the preamble and surrounding circumstances as well as the provisions of the statute, necessary guidelines could be inferred the statute will not ..... reported in : [1985]3scr614 , wherein while upholding the validity of section 54 of the bombay town planning act, 1955, the apex court observed that mere absence of corrective machinery by way of appeal would not ..... eviction notices issued by the corporation under section 213 of the bombay provincial municipal corporations act (b.p.m.c. .....
Tag this Judgment!