Court : Gujarat
Reported in : AIR1962Guj128; (1962)0GLR269
..... act, it is quite clear that the parliament was creating the two new states under clause (a) of article 3 which provides that parliament may, by law, form a new state by separation of territory from any state-section 3 of the act specifies the territories of the state of gujarat and assigns the residuary territories of the state of bombay to the state of maharashtra ..... me that the principle underlying the rule of precedents requires the continuity of case-law to be maintained, because there is no reason at all why the certainty of the law should be affected'.these observations lead to ..... 1955 andhra 87 (supra) and the full bench negatived the contention that co-ordinate jurisdiction connotes the same idea as concurrent jurisdiction or simultaneous jurisdiction and held that in order to be courts of co-ordinate jurisdiction it is not necessary that the courts should be courts of concurrent jurisdiction or simultaneous jurisdiction and ..... territory of gujarat and, unless one is prepared to extend the principle of co-ordinate jurisdiction to a situation of this type, the precedents of the high court o( bombay may not bind ..... map of india was redrawn due to various political exigencies but the continuity of laws in force immediately before the appointed day was not intended to be interrupted or broken so that notwithstanding the transfer of the territories from one state to another and the constitution, of new states, laws in force immediately before the appointed day should continue to extend and .....
Tag this Judgment!Court : Gujarat
Reported in : (1963)4GLR571; (1963)IILLJ726Guj
..... 'it has been submitted on behalf of the state of gujarat that the liability of the state of bombay in connection with the order of dismissal passed, in breach of the requirements of the provisions of article 311(2), is a liability covered by the provisions of section 61 and that on the state of bombay ceasing to exist, it would become initially a liability of the state of maharashtra as the cause of action in connection therewith did not arise wholly within the territories which from 1st may 1960 form part of ..... section 61 of the bombay reorganisation act, 1960, provides 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 of gujarat, be a liability of that state; and (b) in any other case, be initially a liability of the stale of maharashtra, but subject to ..... for the purpose of considering the question of the maintainability of the petition against the state of gujarat we will have to proceed on the assumption that the order complained of has been passed in breach of the provisions contained in article 311(2) of the constitution ..... on 6th october 1955, an order of dismissal was passed against the petitioner by the ..... was dismissed by the rajpramukh of saurashtra on 21st december 1955. ..... in the year 1955. .....
Tag this Judgment!Court : Gujarat
Reported in : (2007)1GLR796
..... privacy gets violated every time the law enforcing agencies barge in the precincts of the premises in their occupancy, and therefore, the provisions of section 15 read with section 7 of the act enabling the police to search the premises in which prostitutes may be living violate article 21 of the constitution. ..... during the course of hearing, we have noted that there are no adequate facilities available in the state of maharashtra, particularly in mumbai, where these rescued girls could be rehabilitated or kept for some period for bringing them out of ..... 's privilege under article 22(6) to withhold facts and particulars disclosure of which it considers to be against public interest delicate balance to be maintained between public interest dictating non-disclosure and public interest requiring disclousre -privilege of non-disclosure to be exercised sparingly and in those case only where the former overrides ..... as to whether the judgment in the bai amina case (supra) is not a good law inasmuch as it is inconsistent with the decision of bombay high court in balkrishna kashinath khopkar's case (supra) and whether the ratio of the decision in bai amina's case (supra) does not laid down the good law. ..... , but in paragraph 61, the learned judge has observed like this:thus, considering the substratum of the judgment prepared by my learned brother relating to children of the prostitutes and establishment of juvenile homes, i would concur with the directions being issued by him in his order. .....
Tag this Judgment!Court : Gujarat
Reported in : 2000ACJ1125; AIR2000Guj211; (2000)2GLR1281
..... though not claimed by the claimant, is not likely to cause any prejudice to the claimant at all.in view of the above discussion, we answer the reference as under :(1) under section 166 read with section 168 of the motor vehicles act, 1988 and section 110-b of the motor vehicles act, 1939, it is not open to a claims tribunal to award the amount of compensation higher than the amount claimed by the claimant in the claim petition on the ground that ..... days of the accident, the grounds thereof.....i hereby certify that the statement of facts contained above are to the best of my knowledge and belief true.date :place : signature of claimant orauthorised agent'section 168(1) of the motor vehicles act, 1988 which is corresponding to section 110-b of the motor vehicles act, 1939, provides that the claims tribunal after making an inquiry into the claim or as the case may be, each of the claims, ..... made under section 110 (1) of the motor vehicles act, 1939 read with rule 291 of the bombay motor vehicles rules, 1959 and the prescribed form comp.a, the relevant particular which the claimant has to set out relates to the quantum of compensation and basis thereof. ..... when the bus reached near vadtal chokdi on ahmedabad-bombay highway, the bus driver noticed a truck lying in ..... in a subsequent decision rendered by another division bench of bombay high court in the case of maharashtra state road transport corporation v. ..... what was maintained was that having come to the conclusion that the appellant was .....
Tag this Judgment!Court : Gujarat
Reported in : [2009]150CompCas770(Guj); [2009]96SCL384(Guj)
..... the sicom is established by the government of maharashtra for financing of industrial concerns and is a deemed financial corporation within the meaning of section 46 of the state financial corporations act, 1951, by virtue of notification dated december 11, 1986, issued by ..... that the date of commencement of winding up proceeding is the date on which the petition was registered by the bombay high court then all transactions entered into by the company during the pendency of the petition before the bombay high court are hit by the provisions contained in section 530a of the companies act, 1956.12. mr. ..... in 2007 the said petition was transferred to this court on the ground that the bombay high court has no jurisdiction since the registered office of the company is situated in ..... further stated in his report that initially the recommendation for winding up of the company was presented on june 8, 1990, before the bombay high court by the bifr vide its opinion dated april 25, 1990 and subsequently the said matter was transferred by the bombay high court to this court. ..... fact that the registered office of the company was situated in gujarat the said opinion was forwarded to the bombay high court and based on that opinion company petition no. ..... proper hearing was dismissed by the appellate authority vide order dated july 28, 1993 and communication in accordance with the bifr opinion dated april 25, 1990, was forwarded to the registrar of high court of bombay vide letter dated august 12, 1993. .....
Tag this Judgment!Court : Gujarat
Reported in : (2002)4GLR3588
..... in respect of an industrial company, an inquiry under section 16 is pending or any scheme referred to under section 17 is under preparation or consideration or a sanctioned scheme is under implementation or where an appeal under section 25 relating to an industrial company is pending, then, notwithstanding anything contained in the companies act, 1956 (1 of 1956), or any other law or the memorandum and articles of association of the industrial company or any other instrument having effect under the said act, or other law, no proceedings for the winding ..... of the bombay high court rendered in the case of national textile corporation (south maharashtra) v. ..... and investment corporation of maharashtra (supra), the supreme court had held that where an inquiry is pending under sections 16/17 or an appeal is pending under section 25 of the 1985 act, there should be cessation of the coercive activities of the type mentioned in section 22(1) to permit the bifr to consider what remedial measures it should take with respect to the sick industrial company and this case was decided after considering the case between the gram panchayat ..... of the word 'proceeding' as have been given by the supreme court in the judgment delivered in maharashtra tubes limited case's (supra), this court does not find that the impugned orders passed by the labour court and the industrial court with regard to the due wages and the work with reference to the agreement dated 24.5.1983, can be set aside so as to .....
Tag this Judgment!Court : Gujarat
Reported in : (1965)GLR958; (1970)ILLJ417Guj
..... , judicial decisions are consistent with the conclusion earlier reached from a consideration of the scope and object underlying the catena of sections of the bombay police act and of the definition of the expression 'under colour of duty. ..... it was argued by sri shelat that for an act to be under colour of duty no such reasonable connexion is necessary and till that is necessary is that the officer must be holding one of the offices set out in that sub-section, in the present case the office of a police officer and while holding that office and purporting to act as such officer if he does any other act that act will, according to him, get the protection of ..... notes were handed over by ramanlal in the police station to a constable, the fact that those very notes were found in these two shops after accused 2 was seen going towards them and if santramji could be believed as regards the identify of accused 2, and there is no reason why he should not be believed, the finding of the notes in these shops furnishes corroboration to the testimony of ramanlal of his having passed on the notes to accused 2 at the ..... the next day the head constable prepared another panchnama in substitution of the one already prepared and in that panchnama again the number of packets seized was shown as 9; but as regards the offender it was stated that he threw the bundle and ran away. ..... state of maharashtra [1965 - ii ..... state of maharashtra [67 bom. ..... state of maharashtra [67 bom. l.r. ..... state of maharashtra (1963 - ii .....
Tag this Judgment!Court : Gujarat
Reported in : (1985)2GLR806
..... 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 ..... at the last preceding census and notified by the state government in the official gazette after such census is more than 50,000 but not more than 1,00,000, one rupee per seat in such place of entertainment;(iii) in any other area ..... or videoscope calculated at the following rates, namely:(a) in any place of entertainment other than that mentioned in clause (b)(i) within the limits of a local area, the population of which as ascertained at the last preceding census and notified by the state government in the official gazette after such census is more than 1,00,000, two rupees per seat in such place of entertainment;(ii) within the limits of a local area, the population of which as ascertained ..... to the video-cinema, from the very nature of things, it can be spelt out that a police officer could be authorised to enter the precincts of the video cinema only for the purpose of maintaining law and order. ..... maharashtra .....
Tag this Judgment!Court : Gujarat
Reported in : (1965)6GLR958
..... the section that the high court was construing was section 80 of the bombay district police act 1890 sub-section (1) of that section was substantially in terms similar to section 159 of the bombay police act 1951 sub-section (2) of that section corresponds to section 160 of the bombay police act and sub-sections (3) and (4) of that section correspond to sub-sections (1) and (2) of section 161 of the bombay police act. ..... still remains that he prepared this under cover of his duty to prepare a correct panchnama and a correct report and there is no escape from the conclusion that the acts by which the office under section 218 of the indian penal code was alleged to have been committed by the appellant were done by him under colour of a duty laid down him by the bombay police act.therefore according to this decision there must exist some legal duty and the act complained of should be such ..... the state of maharashtra (supra) the decision in that case was not incorrect though it is doubtful how it can be reconciled with the decision of the full bench ruling in civil reference in 30 bom. l.r. ..... the state of maharashtra 66 bom. l.r. ..... the state of maharashtra 67 bom. l.r.p.25. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1988Guj121; (1988)1GLR165
..... for the petitioner relied upon the decision of the bombay high court in the case of maharashtra state electricity board-v. ..... air 1958 bom 498 and maharashtra state electricity board v, madhusudandas and brothers, air 1966 bom ..... para 4.9 it is averred as follows'they prepared necessary working sheet and diagrams in this behalf and got the same signed by the petitioner company ..... high court has followed the' decision of the bombay high court in the' case of corporation of the city of nagpur (air 1958bom498)(supra) and it is held that where the consumer had raised a bona fide dispute as to the amount payable there is no neglect to pay and the supply of energy cannot be cut off ..... the learned counsel for the petitioner-company relied upon the decision of the bombay high court in the case of corporation of the city of nagpui (air 1958 bom'498) (supra).in that case the parties had not even agreed as regards ..... is further observed that in each case the court will have to scrutinise the attitude of the consumer and consider ' the reasons given by him to the licensess for not meeting with the demand made by ..... the aforesaid discussion clearly shows that there was complete lack of good faith and honesty on the part of the petitioner-company and, therefore, it can never be said that there was a bona fide dispute ..... of the constitution is not maintainable and therefore the same should ..... upon the licensee under s.24(1) of the act is curtailed or' circumscribed to a certain extent by sub ,section (2) of s. 24. .....
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