Court : Gujarat
Reported in : (1969)ILLJ305Guj
..... liability in respect of actionable wrong and runs as under : 'where, immediately before the appointed day, the state of bombay is subject to any liability in respect of any actionable wrong other than breach of contract that liability shall - (a) if the cause of action arose wholly within the territories which, as from that day, are the territories of the state of maharashtra or the state or gujarat, be a liability of that state; and (b) in any other case, be initially a ..... cases the relief granted in the departmental appeal or revision would not be effective, and that is why, even on a reasonable construction, the bar in fundamental rule 52 or corresponding rule 150 of the bombay civil services rules must be deemed to apply in all such cases so that the terminus quo for accrual of wages would only be from the date when the said bar ceases to operate after the ..... 10(2)(a) of the (rights, properties and liabilities) order 1947, issued under the indian independence act, 1947, dealt the indian independence act, 1947, dealt with a similar question of distribution of liabilities between the two newlycreated dominions and the identical expression in liability in respect of actionable wrong other than breach ..... of the claim of arrears of pay and allowances with effect from 1 august, 1955 along with the claim of gratuity while the claim of arrears of salary prior to 1 august, 1955 was resisted on the ground that it was time-barred. ..... for wages not otherwise expressly provided for by the schedule. .....
Tag this Judgment!Court : Gujarat
Reported in : 1980(6)ELT390(Guj); (1981)0GLR533
..... division bench of the bombay high court was dealing with a case under maharashtra zilla parishada and panchayat samitis act, 1962. ..... raised before us is, therefore whether the parliament after having granted statutory exemption to 'article of hosiery from taxability under item 22d in the first schedule to the central excises and salt act, 1944, intended to include them for the purpose of taxability in the residuary item- item 68. ..... contention which he has raised is that irrespective of whether item 22d in the first schedule to the central excises and salt act, 1944, is attracted or whether item 68 in that schedule is attracted, it is necessary for the petitioners to take out the licence. ..... central government, in exercise of the powers conferred upon it by sub-rule (1) of rule 8 of the central excise rule, 1944, issued a notification exempting 'articles of ready-to-wear apparel' falling under item 22d in the first schedule to the central excises and salt act, 1944 from the whole of the duty of excise leviable thereon. ..... it has further been observed by the supreme court that if any goods specified in the first schedule are exempted from the levy of excise duty by the central government in exercise of their power under rule 8(1) of the central excise rules, it cannot affect the provision which requires licence to be taken out ..... falls within the ambit and scope of one item or another specified in the first schedule to the central excises and salt act, 1944, then the argument which mr. .....
Tag this Judgment!Court : Gujarat
Reported in : (1992)1GLR503
..... a substantial and not merely a remote connection with the entry, the matter may well be taken to be legislation on the topic.so construed, entry v of list ii of schedule vii would certainly cover such provision providing for stop-gap arrangement when between the outgoing body of elected councillors and incoming councillors there is indefinite gap about availability of local self-government ..... only that, but once we are issuing, by the present judgment, directions to the respondent-state to hold general elections even though belatedly, within the time schedule which will be fixed in this judgment, there would remain no occasion for the state to fall back upon section 7a(1)(b) or for that matter even sub-clause ..... if for any reasons beyond the control of the state and other authorities, such elections cannot be held, within the time schedule enjoined by the legislature, then such a situation would project a valid ground for the state to claim to exercise its statutory power-cum-duty under the second part of section 6(1) and to extend ..... the bombay high court was concerned with section 40(1) of the maharashtra municipalities act, 1965 which was more drastic in character as compared to section 6(1) second part, so far ..... relevant provisions of the rules clearly project a picture requiring the commissioner to hold such elections by following the time schedule in such a manner that before expiry of the term of these councillors elected in last general elections, new body will be available for .....
Tag this Judgment!Court : Gujarat
Reported in : (1993)2GLR1202
..... that 'in a law relating to the imposition of ceiling on vacant land in urban agglomerations throughout the territory of india, it was competent for the parliament under entry 18, list ii of the seventh schedule not only to have the states specified in the schedule to the act where the law will extend, but also include the categorisation of urban agglomerations in respect of the whole of the territory of india' would go against the petitioners. ..... relation to such person, be deemed to be the ceiling area, to be held by him in this state:provided that where any such person disposes of, at any time before the determination of ceiling area under this act, any land or part thereof so held by him in any other part of india outside the state in accordance with the provisions of law in force in such part, the area equal to the land or ..... property in other state directly resulted in losing a part of the property in the state of maharashtra and therefore, the impugned provisions of maharashtra act operated upon the property outside the state, which amounted to extra-territorial operation of the provisions ..... the full bench of the bombay high court in the aforesaid decision, while construing the provisions of sections 3(1)(2) and (3), 6, 10(3), 21a, 40a and 43 a of the maharashtra agricultural lands ceiling act, 1961 struck down a portion of the provisions of section 3(2) of that act and a portion of section 43a and the effect of that decision was to ignore the ..... of bihar : [1955]2scr603 , 744 .....
Tag this Judgment!Court : Gujarat
Reported in : (2005)3GLR2515
..... concerned in the dispute, at figures higher than those fixed by the government.13.4e it may be noted that in this case when the industrial adjudication was pending before the tribunal, the government of maharashtra issued a notification fixing the minimum wages, however, the tribunal on proper adjudication of the matter decided to give wages more than the minimum wages fixed by the government. ..... day.8.5h rule 25 provides extra wages for overtime.8.5i the learned advocate further submitted that in view of section 30 of the act and in view of the schedule and in view of that the employment in drilling operation and maintenance of tube wells has been added to part i of the schedule to the minimum wages act, 1948 by government of gujarat, labour, social welfare and tribal development department notification dated 26.5.1977, this employment is added to ..... it was stated that, neither the provisions of the factories act nor the provisions of the bombay shops and establishment act apply to the premises of a tube-well situated in the villages.4.2 as regards demand no.2, it was stated that the operators working on tube-wells are given 12 days as casual leave, 30 days as privilege leave and ..... the award of the tribunal, therefore the corporation has paying capacity as it is one of the subsidiaries of the state government.11.14 the learned advocate has further relied upon the judgment of bombay high court in the case of shri champawati yantramag audyogik sahakari sanstha maryadit, beed v. .....
Tag this Judgment!Court : Gujarat
Reported in : (1994)1GLR237
..... re: contention (d).in the appeal of the state of maharashtra arising out of the bombay court-fees act, 1959, the high court has struck down the impugned provisions on the ground that the levy of court-fee on proceedings for grant of probate and letters of administration ad valorem without the upper limit prescribed ..... thus, the succession certificate which the petitioner is ordered to be issued is required to be issued subject to the court-fees under item 11 of the schedule and that fees is the same as per article 10 and the proper court-fees payable is ad valorem fees depending on the value of the subject-matter of the probate or succession certificate ..... 10 of schedule i of the bombay court-fees act, 1959 as applicable to gujarat suffers from the vice of violation of article 14 of the constitution to the extent it does not have an upper limit corresponding to that payable by the plaintiffs seeking decrees from the civil court and ..... the petitioner to the grant of probate or letters of administration shall be made upon an application for such grant until the petitioner has filed in the court a valuation of the property in the form forth in the third schedule, and the court is satisfied that the fee mentioned in no. ..... and 11 in the schedule are as follows:10. ..... 10 of the first schedule has been paid on such ..... item 10 of schedule-1, to the extent it does not have an upper limit corresponding to that payable by the plaintiffs seeking decrees from the civil courts, will have to be declared .....
Tag this Judgment!Court : Gujarat
Reported in : (1985)2GLR806
..... the provisions of that clause apply shall have an option of payment of tax at the rates specified in clause (d) to be exercised as provided in clause (b) within ninety days from the date of the commencement of the gujarat entertainments tax (amendment) act, 1984 and any person who becomes such proprietor after that date may exercise such option within sixty days from such date. ..... looking to the provisions of clauses (c) and (d) of section 3(1) of the bombay entertainments duty act, the division bench held that the said provisions did not take into account entertainment that was actually offered by the owner of the touring cinema or the owner of the video exhibition and the act purported to levy tax on notional entertainment and, therefore, exercising of that taxing power was held to be ultra vires the constitution ..... in above view of the matter, we allow all the three petitions by declaring section 6a of the gujarat entertainments tax (amendment) act, 1984 and rule 13(2) of the gujarat cinemas (regulation of exhibition by videos) rules, 1984 as ultra vires to the constitution of ..... the supreme court entry 50 of list 2 of schedule vii of the 1935 act was the subject matter of decision. ..... rigid standard has been taken and we in this connection refer to the judgment of the bombay high court in the case of ramesh waman toke and ors. v. ..... here, we have got corresponding entry 62 of list 2 of the said schedule vii of the constitution is the subject matter. ..... state of maharashtra : air1984bom345 .....
Tag this Judgment!Court : Gujarat
Reported in : [1969]24STC107(Guj)
..... had to consider the question whether badshahi soap and badshahi powder, which are used as depilatories were covered under the expression 'toilet articles', within the meaning of entry 6 in schedule i of the bombay sales tax act, 1946, which was in the following terms : 'perfumery, cosmetic and toilet articles, except soaps and other articles as may be specified by the state government by notification in ..... madras high court had to consider the question whether iron hairpins can be included within the meaning of 'toilet requisites' in entry 51 of the first schedule of the madras general sales tax act, 1959, which was in the following terms : 'scents and perfumes, powders, snows, scented hair-oils, scented sticks, cosmetics and toilet requisites, ..... is a toilet article within the meaning of entry 21a of schedule e or is soap within the meaning of entry 28 of schedule c or is covered by entry 22 of schedule e to the bombay sales tax act, 1959, and liable to tax accordingly. ..... entry in the context of the collocation of words used, along with the exclusion of those 'three items and especially, as razor and razor-blades which were specifically mentioned in entry 28 of schedule c were not excluded from the list of 'toilet articles' in entry 21a in schedule e, we gave a narrower meaning to the expression 'toilet articles' by confining them only to those articles which produce direct toilet effect, i.e. ..... also referred to the decision of the maharashtra high court in the commissioner of sales .....
Tag this Judgment!Court : Gujarat
Reported in : [1971]27STC203(Guj)
..... the tribunal made an application to the tribunal requiring it to refer to this court the question of law arising out of its order, namely, whether the tractor in question was an agricultural machinery within the meaning of entry 12 of schedule c to the act and the tribunal has accordingly referred the following question to this court : 'whether on the facts and in the circumstances of the case the sale of massey-ferguson tractor sold by bill no. ..... 24th march, 1965, is an agricultural machinery covered by entry 12 of schedule c to the bombay sales tax act, 1959, and liable to tax accordingly ?' 5. ..... , whether the test of 'principal and primary use' evolved by the maharashtra high court or that of 'exclusive use' evolved by the madhya pradesh high court or that of 'general use' evolved by the mysore high court in the aforesaid decisions is correct, is in our opinion, not necessary to be decided in ..... order is made in exercise of the powers conferred by section 3 of the essential commodities act, 1955, by the central government principally with a view to controlling and fixing the sale price of ..... which arises for our consideration in this reference is whether the massey-ferguson farm tractor sold by the assessee is an 'agricultural machinery' within the meaning of entry 12 of schedule c to the bombay sales tax act, 1959 (hereinafter referred to as 'the act'). 2. ..... would thus be seen that a tractor is used on farms, on highways, on warfields, in factories and such other and numerous places. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1975Guj18; (1975)0GLR80
..... could not be sold for want of buyers, with the result that the collector of bombay made an order and issued a certificate of transfer under section 100 of the maharashtra co-operative societies act, 1960 (hereinafter referred to as the 'maharashtra act') on may 13, 1963 in favour of the bank directing that the right, title and interest of the owner in the said property would be transferred to the bank subject to the terms and conditions laid down in the schedule to the certificate of transfer. ..... before the petitioners could reply to this communication, the bank applied to the district deputy registrar of co-operative societies, bombay under section 91 of the maharashtra act praying that the dispute between the bank and the petitioners be referred to arbitration. ..... in order to find out whether a dispute attracts the provisions of section 96(1) of gujarat act corresponding to section 91(1) of the maharashtra act, one has to see what in essence is the dispute. ..... in the subsequent proceedings under section 91 of the maharashtra act, it sought to evict the tenants on the ground that they were trespassers and had no right to remain in possession. ..... it is essentially an association of persons of limited means and, as indicated in the preamble to the bombay co-operative societies act, 1925, its object is inter alia 'promotion of thrift, self-help and mutual -aid among -agriculturists and other persons with common economic needs'. .....
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