Court : Gujarat
Reported in : (1970)11GLR628; (1970)IILLJ716Guj
..... must be open to all the employees in the industry in the local area, whom it would represent on being registered as a representative union. this result was secured by enacting the sixth proviso to s. 14 which provided that the registrar shall not register any union if the rules of the union contain any provision debarring ..... under three heads namely : (a) the sixth proviso to s. 14 disentitled the first respondent union to registration since the unamended rules, which were the rules in force during the months of february, march and april 1968, contained a provision debarring employees of other concerns in the electrical industry from being members of the first respondent ..... must be meant to have some effect, and that the intention is that trade union officials might safely act on the rules and treat them as valid once they have been approved by the registrar. there is much force in this contention, and it is not unreasonable that trade union officials should suppose that, when rules have .....
Tag this Judgment!Court : Gujarat
Reported in : (1970)11GLR361
..... renders the instrument valid rather than the one which renders it invalid. we must read the instrument ut res magis valeat quam pareat so as to give it force and efficacy and not to render it defective or invalid. the acquisition under the first section 6 notification must therefore be held to be an acquisition for a ..... to sustain the validity of the second section 6 notification by reference to section 4(1)(a)(iii) of the land acquisition (amendment and validation) act, 1967. this validation act was passed by parliament with a view to saving piecemeal acquisitions made on the basis of a single section 4 notification which were invalidated by the construction ..... purpose and the declaration contained in the second section 6 notification was colourable as being outside the scope of the power conferred upon the state government under the act.(d) the purpose for which the second section 6 notification was issued was different from that set out in section 4 notification and the second section 6 .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1970Guj257
..... introduce the ordinary concept of the relationship between the master and servant. but the appellant is a permanent government servant and as such, he has the right to the security of his service tenure as guaranteed by the constitution of india. he has a right to continue in service, subject, of course, to the rule of superannuation and ..... scope of the rules increasing the age of retirement of government servants to be found in the first and the second memorandums and does not bring them into force for the first time. the relevant rules in the two office memorandums came into operation ex proprio vigore on the issuance of the said memorandums and their subsequent ..... the consideration whether the consequential changes in accordance therewith are or are not incorporated in the relevant service code, viz., in f.r. 56 (b)(i), the act of incorporating the consequential changes in the service code in such cases being mostly a procedural part of law. the result is that the appellant who was a pre .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1970Guj157; 1970CriLJ1090; (1970)0GLR781
..... submission section 6 provided for appointment of an inspector general of police so that the state which has the final control in the matter relating to the police force may act through the agency of the inspector general of police. in his submission no powers of direction and supervision have been conferred upon the inspector general of police ..... that term as contained in section 2(11) is very relevant. according to the definition, police officer would mean any member of the police force appointed or deemed to be appointed under the act. it would also include a special or an additional police officer appointed under sections 21 and 22. in deining the term 'police officer' the ..... authority (b) does not affect his status as a police officer. he also relied upon sections 3, 4, 5 and 6 of the act and submitted that the superintendence of the police force throughout the state of gujarat was in express terms vested in a state and the purported exercise of power of direction and supervision by the .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1971Guj20; 1971CriLJ368
..... j., in municipal health officer and food inspector v. anthala tea estate co., air 1961 ker 84. after quoting section 20(1) of the act, as it stood before aforesaid amendment of 1964 came into force, the pertinent observations made at page 85, are as under: -'what i might call the first clause of the section requires that the prosecution ..... :-'20(1) no prosecution for an offence under this act shall be instituted except by, or ..... part of section 20(1) of the act.6. we will first set out the relevant part of section 20(1) of the act as it stood before its amendment by the amending act no. 49 of 1964, known as 'the prevention of food adulteration (amendment ) act, 1964, dated 25th december, 1964, which came into force from 1st march, 1965. it reads .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1969Guj349; (1969)GLR769
..... ammunition seized and detain the same in safe custody for such period as he thinks necessary, although that person may be entitled by virtue of this act or any other law for the tune being in force to have the same in his possession. under section 24, the central government is also entitled to seizure of any arm or ammunition in possession ..... by any other law for the time being in force, from acquiring, having in his possession or carrying any arms or ammunition, or is of unsound mind, or is for any reason unfit for a licence under this act. or (b) if the licensing authority deems it necessary for the security of the public peace or for public safety to suspend or ..... by any other law for the time being in force from acquiring, having in his possession or carrying any arms or ammunition, or (2) to be of unsound mind, or (3) to be for any reason unfit for a licence under this act: or (ii where the licensing authority deems it necessary for the security of the public peace or for public safety .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1970Guj235; 1970CriLJ1475
..... at the same time provides adequate safeguards and guarantees against illegal involvement of innocent persons. the object of the legislation as is manifest from the entire scheme of the act is to secure purity of food, to maintain public health and to eradicate the evil of adulteration of food. it is in this, context that i will first examine the ..... 4th edition at pages 162 and 163 under the caption 'preservatives' are to be found the following useful passages:-'in most states and municipalities where pure food laws are in force preservatives in milk are regarded as adulterants. their use, however, seems to be on the decrease of 6.186 samples of milk examined by the massachusetts state board of ..... did not put any question to the assistant public analyst as to whether the tea is capable of deterioration within a year. accordingly we hold that there is no force in this point.'the aforesaid observations clearly lay down a rule that in order that the delay in instituting a prosecution under the .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1971Guj131; (1970)GLR897
..... modification'. the same view was also taken by the supreme court in atma ram's case : air1959sc519 (supra) where the statute challenged was the punjab security of land tenure act, 1953. the act inter alia imposed a restriction on the land owners' right to transfer in this respect namely, it modified his right of transfer in so far as ..... in these petitions, it would be desirable to set it out in extenso: -'31. notwithstanding anything contained in any law for the time being in force, no holding allotted under this act, nor any part thereof, shall be -(a) transferred, whether by way of sale (including sale in execution of a decree of a civil court ..... no question of imposing restriction against transfer unless the person concerned has the capacity to transfer and obviously the capacity to transfer cannot arise until the scheme comes into force. this view also receives support from the heading of chapter iv in which occurs section 31 clause (a). that heading shows that section 31 clause (a) .....
Tag this Judgment!Court : Gujarat
Reported in : (1970)11GLR956
..... government gazette part ivb dated 19th april, 1956 at page 625. rule 4 provides that the date of issue of bonds shall be the date of coming into force of the act that is to say august 1, 1954. rule 5 which is material for the purpose runs as under:every such bond shall be repayable in equated annual ..... been excluded by the legislature. there is no dispute that the petitioners have been dispossessed of these properties vesting in the state from agugust 1, 1954, when the act came into force and, therefore, on the general rule the petitioners would be entitled to get interest from august, 1954 as they have lost their properties and they have not ..... received any compensation. instead of any such exclusion in the scheme of the act, we find a categorical provision which provides for interest. explanation to section 11 for the .....
Tag this Judgment!Court : Gujarat
Reported in : (1970)11GLR307
..... powers of government under section 211. therefore, the result may well be that after several years the government may interfere with a title or with titles and disturb the security of a tenure created a long time back. it is a matter for consideration whether the legislature should not at least impose a time-limit upon the exercise of ..... firstly provides for an appeal against the order of a revenue officer-whether passed under the bombay land revenue code or under any other law for the time being in force 'to that officer's immediate superior'. secondly, such an appeal lies against original as well as appellate decision. the question which arises for our consideration is: what is ..... , 209 and 211 of the code are material sections for the purpose of this petition.section 203 reads as under:in the absence of any express provision of this act, or of any law for the time being in force to the contrary, an appeal shall lie from any decision or order passed by a revenue officer under this .....
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