Court : Gujarat
Reported in : AIR1982Guj163; (1982)1GLR611
G.K. Mehta, J. 1. Since in these two applications the election of Bilimora Municipality and Bulsar Municipality held in Oct., 1980 have been challenged mainly on the ground of breach of the relevant provisions of the Gujarat Municipalities Act, 1963 or the Gujarat Municipalities Election Rules, 1964 pertaining to the preparation of electoral rolls, we intend to dispose of these two applications by this common order. Before we address ourselves to the contentions urged by the respective petitioners it would be profitable to set out a few relevant facts of both these applications, so that the contentions can be appreciated in proper context. 2. Petitioners of Special Civil Application No. 2964/80 are the defeated candidates in the elections of Bilimora Municipality and they seek to challenge the elections to wards Nos. 2, 6, 7, 8, and 9 of the said Municipality. Respondents Nos, 4 to 6 are elected candidates from ward No, 2; respondents Nos. 7 to 9 are elected from ward No. 6; respondent...
Tag this Judgment!Court : Gujarat
Reported in : (2004)3GLR1841; (2005)ILLJ592Guj
K.R. Vyas, J.1. This group of petitions has been referred to us in view of different observations of two Division Benches on the point as to whether the Labour Court/Industrial Tribunal can order regularisation of services to a local authority which is a public body in which there is no availability of sanctioned set-up as per the provisions of Municipalities Act.1.1 The learned single Judge, while hearing Special Civil Application No. 5646 of 1999 and Special Civil Application No. 5750 of 1999, was shown two different views expressed by Division Bench in the case of Kalol Municipality v. Shantaben, reported in : (1994)IILLJ362Guj and in the case of Halvad Nagarpalika and Ors. v. Jani Dipakbhai Chandravadanbhai and Ors., reported in 2003 (4) GLR 3229 : 2003 (2) GHCJ 397,1.2 In Special Civil Application No. 5746 of 1999, the petitioner Amreli Municipality has challenged the legality and validity of award dated 12-3-1999 passed by the Industrial Tribunal, Bhavnagar in Reference (IT) Nos....
Tag this Judgment!Court : Gujarat
Reported in : [1974]44CompCas127(Guj); (1975)0GLR90
Divan, J.1. This appeal under section 483 of the Companies Act, 1956, has been filed against the order of our learned brother, D. A. Desai J., in Company Application No. 76 of 1972 in Company Petition No. 21 of 1966. The company under liquidation is Rajratna Naranbhai Mills and it is common ground between the parties before us that this company is in insolvent circumstances. The company had entered into an agreement on January 8, 1962, with the Gujarat Electricity Board for the purpose of getting bulk supply of electricity for the purpose of its mills at Petlad in Kaira District. It appears that some time prior to 1966, the company fell in arrears of payment of its dues to the Gujarat Electricity Board (hereinafter referred to as 'the Board') and the Board wrote a letter dated September 27/28, 1966, pointing out to the company that the arrears of bills had accumulated and the Board informed the company that the supply of electricity to the company would be disconnected. On September 28...
Tag this Judgment!Court : Gujarat
Reported in : (2004)2GLR568; (2004)IIILLJ259Guj
R.K. Abichandani, J.1. These four petitions raising the following questions referred by two learned Single Judges are listed before us alongwith other cognate matters which are tagged with them.Questions Referred:2. In Special Civil Applications No.4715 of 2003 and 4435 of 2001, the learned Single Judge, (H.K. Rathod, J.), by his order dated 4-12-2003, formulated six questions for referring them to the Larger Bench in the following terms;'(1) Whether the Forest Department and the Irrigation Department of the State can be said to be an industry within the meaning of Section 2(j) of the Industrial Disputes Act, 1947 or not ?(2) What is the correct law between the two different views/ratios laid down by two different Division Bench of this Court in case of PWD EMPLOYEES UNION THROUGH ITS SECRETARY, 1987[2] GLR 1070 wherein the Irrigation Department of the State is held to be an industry for the purpose of I.D. Act and decision of Division Bench of this Court in case of SHANKERJI CHELAJI T...
Tag this Judgment!Court : Gujarat
Reported in : [2006]132CompCas606(Guj); [2006]71SCL274(Guj)
K.M. Mehta, J.1. Oil and Natural Gas Corporation Ltd. (hereinafter referred to as SONGC) appellant (original applicant) has filed this appeal under Section 483 of the Companies Act, 1956 (hereinafter referred to as the Act) challenging the judgment and order passed by the learned Single Judge whereby the application being Company Application No. 445 of 2000 in Company Petition No. 121 of 1995 preferred by the appellant has been rejected.2. The facts giving rise to this appeal are as under:BACKGROUND OF THE MATTER:2.1 ONGC was initially a department of the Government of India but, in view of its expanding activities in the search for strategic and vital materials like oil, petroleum and its products it was set up as a body corporate. It is now a statutory corporation constituted by and under the Oil and Natural Gas Commission Act (Central Act 43 of 1959, hereinafter referred to as the Act). The Act provides for the establishment of a Commission Sfor the development of petroleum and petr...
Tag this Judgment!Court : Gujarat
Reported in : (1964)0GLR804
1. During the course of my experience at the bar and on the Bench I have come across very few petitions under section 397 or 398 of the Companies Act, 1956, which have been brought to a conclusion. The remedy under section 397 or 398 as a weapon in the shareholders' armoury has proved more potent when brandished in terrorem than when actually used to strike and it has, therefore, in most cases served as an effective threat to induce those in control to behave reasonably towards all interests and in some cases where those in control have not behaved reasonably and the remedy has been invoked, the proceedings have mostly terminated in a compromise securing the interests sought to be prejudiced by those in control. This petition has been an exception and the only reason I can see for its having run its full course is that there is absolutely no merit in it. I shall immediately proceed to state the facts giving rise to the petition. The facts are many and to some extent disputed and it is,...
Tag this Judgment!Court : Gujarat
Reported in : AIR1965Guj215; (1965)0GLR137
Shelat, C.J.(1) The common questions arise in this case and the following petitions Nos. 752 of 1961, 1054 of 1963, 639 of 1963 and 917 of 1963 and therefore, it would be expedient to have disposed of together. In the last three petitions Nos. 1054 of 1963, 639 and 917 of 1963 however, some additional questions are raised and therefore, they will have to be dealt with separately. The two questions that are common to all these petitions are (1) whether the petitioners are manufacturers of cotton fabrics as defined in the Central Excise and Salt Act, 1944 and the rules made thereunder, and (2) even if they are so, whether the cotton fabrics in question which they are said to have manufactured or got manufactured, attract the provisions of Rules 7 and 9 of these rules or whether they enjoy exemption granted under the notification issued by the Central Government under Rule 8 of those rulesNo. 751 of 1961(2) In this petition, we are concerned with Tarun Trading Co., a proprietary concern c...
Tag this Judgment!Court : Gujarat
Reported in : (1974)0GLR616; (1975)ILLJ169Guj
J.B. Mehta, J.1. The petitioner-company has raised two questions in this petition : (1) Whether the manufacture of clinical thermometer falls under the entry of 'electrical, mechanical or general engineering products' specified in Schedule I of the Employees' Provident Fund Act, 1952, hereinafter referred to as 'the Act', when read with Item (18) of Explanation (a) 'mathematical and scientific instruments', and (2) Whether the decision of the Central Government under S. 19A resolving a doubt in this connection only on November 7, 1968, could be implemented retrospectively prior to the date of the decision from August 1, 1965, as intimated by the authorities : The petitioner-company's factory was set up on August 1, 1962, with Japanese collaboration and commercial production started in 1965. By a letter of respondent No. 2, the Regional Provident Fund Commissioner, date September 4, 1965 the petitioner was asked to implement the Act and the Scheme. Thereafter, the company took up the m...
Tag this Judgment!Court : Gujarat
Reported in : [2004]122CompCas579(Guj); [2004]54SCL437(Guj)
K.M. Mehta, J.1. Nigam Priyakant Maniar, applicant has taken out this Judge's Summons with a prayer that this Court may direct the Official Liquidator not to seal the residential premises of the applicant i.e. Flat No.18, Haridwar Apartment, 23 Patel Society, Gulbai Tekra, Ellisbridge, Ahmedabad - 06 (hereinafter referred to as the suit property') as per the order dated 20.7.2001 passed in Company Petition No.147 of 2000 by either modifying the said order or lifting direction qua his residential flat.2. The applicant has also filed Company Application 176 of 2003 in Company Petition No. 147 of 2000 in which the applicant has prayed that Shri Rajiv Vastupal Mehta may be impleaded as party opponent no.3 in Company Application No.220 of 2001 and further prayed that this Court may be pleased to summon Shri Rajiv Vastupal Mehta for his appearance before this Court on the day fixed and may examine said Shri Rajiv Vastupal Mehta in respect of the suit property and also in respect of the amoun...
Tag this Judgment!Court : Gujarat
Reported in : AIR1962Guj88; (1962)0GLR204
Shelat, J. 1. This petition raises questions of considerable importance regarding the construction of certain provisions of the Gujarat University Act, 1949, the Impact of Articles 29 and 30 of the Constitution on those provisions and the competence of the State Legislature to enact them. The facts giving rise to this petition are few and for the most part undisputed and may be briefly stated.2. The petitioner is the father of Shrikant, at present studying in St. Xavier's College, which is affiliated to the University of Gujarat under the Gujarat University Act, 1949. Shrikant took his Secondary education in P. G. T. High School, Bombay, and M. S. N. High School, Ahmedabad, and passed his S. S. C. examination in June 1960. The medium of instruction as well as examination throughout the period of his Secondary education was Marathi. He took the S. S. C. Examination in Marathi and his mother-tongue is also Marathi. His aim was and continues to be, as stated in the petition, to gualify hi...
Tag this Judgment!