Court : Gujarat
Reported in : (2006)1GLR558
..... such authority would acquire the land, whether by agreement or compulsory acquisition, within ten years from the date on which the final development plan comes into force. section 17 of the said act needs to be reproduced in its entirety. it reads as follows:-17. (1)(a) on receipt of the draft development plan under section 16, the ..... said act provides that after declaration of a development area under section 3, the state government shall, by notification constitute an authority ..... declared to be an urban development area under section 22.17.1 section 3 of the said act, inter alia, empowers the state government to declare by notification any area in the state to be a development area for the purpose of securing planned development of areas within the state. sub-section (1) of section 5 of the .....
Tag this Judgment!Court : Gujarat
Reported in : AIR2006Guj194
..... render them completely dependent on their relatives. the framers of this legislation had foreseen such eventualities and with this precise aim, namely to secure the depositors; against such disaster, has established the corporation by framing the act. it is, therefore, not only statutory duty of the corporation but even moral as well as pious duty to see to it that ..... be prescribed, repay to the corporation out of the amount, if any, to be paid or credited in respect of any deposit after the date of the coming into force of the scheme referred to in section 18, such sum or sums as make up the amount paid or provided for by the corporation in respect of that deposit. ..... so paid or provided for.(2) on receipt of the information under sub-section (1), notwithstanding anything to the contrary contained in any other law for the time being in force.-(a) the liquidator shall, within such time and in such manner as may be prescribed, repay to the corporation out of the amount, if any, payable by him .....
Tag this Judgment!Court : Gujarat
Reported in : (2007)3GLR2186; (2008)ILLJ512Guj
..... 240 days. the termination order, was therefore, in violation of section 25(f) of the industrial disputes act, 1947. he has further submitted that the appellant was selected and confirmed in the post of security in-charge in respect of which reference was never pending and considering the length of service of the appellant, ..... been considered sympathetically, more so when the appellant was an ex-service person having worked for a period of about 15 years in the indian air force as sergeant putting up meritorious service record with achievement in the form of two president awards as raksha medal and jammu-kashmir medal. the respondent, under ..... a person who is on probation, the fact still remains that subsequent to the termination, the appellant was again selected and confirmed in the post of security in-charge after considering the application, written test, oral interview and performance of satisfactory work during probationary period. even otherwise, before terminating the service, the .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1976Guj53; (1976)0GLR81
..... definition of a tenant a person who after the surrender of tenanted in reaped of any land at any time after the anointed day june 15. 1955. or before the secured date i.e. march 3. 1973 has continued or is deemed to have been in actual possession with or without the consent of the landlord. it is such tenant ..... direction issued under sub-section (2) of section 32-p takes actual possession of such land in accordance with law.'this amendment was introduced by gujarat act no. 5 of 1973 and it came into force on the specified date march 3. 1973 so far as this explanation is concerned. the legislature has given retrospective effect by adding that the explanation ..... mfg. co. ltd. air 1958 sc 875. where an identical question had arisen before their lordships as to whether an assessment which had been as per the law in force could be said to be vitiated by mistake apparent on the record merely because the law was retrospectively changed by the legislature. at page 880 their lordships pointed out that .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1981Guj1; (1980)GLR838(GJ)
..... is not conclusive on the question whether the particular requirement of law is mandatory or directory. but the circumstance that the legislature has used a language of compulsive force is always of great relevance and in the absence of anything contrary in the context indicating that a permissive interpretation is permissible, the statute ought to be construed ..... dower to fix the date from which the new octroi duty was to come into force vested only in the municipality and in no other officer, the imposition of octroi duty was not in compliance with section 103 of the gujarat municipalities act. against this decision of the learned single judge, letters patent appeal no. 49 ..... pointed out earlier, is equivalent to section 77 of the bombay municipal boroughs act. in that case it was found that the municipality itself had not fixed the date from which the increased octroi duty prescribed by the rules should come into force but the said date was fixed by the chief officer of the municipality and .....
Tag this Judgment!Court : Gujarat
Reported in : (2005)3GLR2590
..... be described as extraordinary original jurisdiction.'24. when the high court exercises extraordinary jurisdiction under article 226 of the constitution, it aims at securing a very speedy and efficacious remedy to a person, whose legal or constitutional right has been infringed. if all the elaborate and technical ..... the deceased respondent within time or for not making any application to set aside the abatement within time. we, therefore, see no force in this appeal and dismiss it with costs.'27. adverting to facts of present case, it is an admitted fact that sole appellant ..... require to file such an application to have legal representative of the deceased made a party. article 120 and 121 of the limitation act are reproduced as under:---------------------------------------------------------------------description of period of time from whichapplication limitation period beginsto run---------------------------------------------------------------------120. under the code of ninety days the .....
Tag this Judgment!Court : Gujarat
Reported in : [2008(117)FLR408]; (2008)1GLR12; (2008)ILLJ985Guj; 2009(2)SLJ37(NULL); 2008(2)AIRKarR227(FB)(Guj)
..... dismissal, discharge or retrenchment has led to that dispute, but does not include any such person -[i] who is subject to the air force act, 1950 (45 of 1950), or the army act, 1950 (46 of 1950), or the navy act, 1957 (62 of 1957); or[ii] who is employed in the police service or as an officer or other employee of a person ..... under the said umbrella is a matter which should be left to the legislature which is the best judge of the matter. the legislature cannot be mandated to prescribe and secure particular service conditions to the employees or to a particular set of employees.24. in indian petrochemical corporation ltd. v. shramik sena : (2001)iillj1146sc , the apex court held that even ..... it is wrong to say that in every case it is decisive. it is now no more than a factor, although an important one : see argent v. minister of social security and anr. (1968) 1 b.l.r. 1749 at 1759.27. the fact that generally the workers attend the shop which belongs to the employer and work there, on the .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1982Guj9; (1982)1GLR333
..... of that opportunity. the concerned tenant of the land was made the deemed purchaser on expiry of the period of six months from the date on which the amending act came into force - that is on expiry of six months from 3-3-1973. (v) the petitioner's father. however, during his lifetime appears to have voluntarily handed over possession of the ..... existing tenants. a last opportunity was given to the concerned disabled landlords to apply for possession of the, land within six months from the date on which the amandine act came, into force. so far as the respondent is concerned, as she was a widow prior to 1-4-1957, in her case, she became entitled to apply for possession of the ..... . in terms held (at p. 153 of air)'on an analysis of see. 32 (1-b) of the bombay tenancy act (as amended by act v of 1973) it is evident that all that the tenant has to establish in order to secure possession of the land in question is to establish (1) that he was i in possession on the appointed day .....
Tag this Judgment!Court : Gujarat
Reported in : (2004)2GLR1764
..... article 23 and by issuing directives under articles 39(e) and 46 that the state should strive towards securing that, health and strength of men and women are not abused and citizens are not forced to enter avocations unsuited to their age or strength and to promote with special care the educational and economic ..... in the trade by themselves and there may be those who are trafficked persons or in respect of whom offences are committed under the act, coerced by economic and other forces into prostitution from which the stronghold of pimps, procurers and traffickers does not allow them to escape. the provisions of section 17(4) ..... kinds, such as prostitution services, including date clubs, various kinds of services in adult entertainment, business facilities, meet and mate on the internet etc. pornography acts as an arm of prostitution and often women coerced into pornography are coerced into prostitution.8. economic crisis, natural diseases, political unrest and conflict situations make women .....
Tag this Judgment!Court : Gujarat
Reported in : [1978]111ITR584(Guj)
..... till the whole amount was repaid in 1962. the trustees claimed the amounts paid as interest as deduction against their income under the head 'dividends' and 'interest on securities'. on these facts a division bench of bombay high court held that if an assessee had no option except to incur an expenditure in order to make the earning ..... respective shares in the said joint family properties subject as regards the properties described in part ii of the schedule 'a' to the provisions of the baronetcy act which was then in force provided that the fourth defendant, that is, lady tanumati, was to take her share and interest in the said properties as a limited estate equivalent to ..... -tax officer for the assessment year 1951-52, he had taken the entire income received by lady tanumati and her three sons out of the properties, business and shares, securities, etc., allotted to four of them jointly by the award of shri k. m. munshi and one-fourth of the income from each of these three sources, namely, .....
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