Court : Gujarat
Reported in : AIR1968Guj193; (1968)GLR161
..... so varied and extended, shall, as far as may be, operate in like manner and with all like incidents, effects and consequences, as if such variations or extensions were contained in that subsection.'the question that has been raised in the present matter is whether section 65a would prevail in a case where the property leased out ..... reads as under:-'during the pendency in any court having authority within the limits of india excluding the state of jammu and kashmir or established beyond such limits by the central government, . . . . of any suit or proceeding which is not collusive and in which any right to immovable property is directly and specifically in question, the ..... decree or order has been obtained, or has become obtainable by reason of the expiration of any period of limitation prescribed for the execution thereof by any law for the time being in force.'it would be seen that section 65a confers upon the mortgagor in possession a statutory power to lease the mortgaged property and .....
Tag this Judgment!Court : Gujarat
Reported in : (1982)2GLR596
..... the commencement of the finance act to all part b states except jammu and kashmir. section 13(2) of the finance act specifically provided that from april 1, 1950 any law corresponding to central law will be repealed from that date. the contention on behalf of the dealers was that cochin act as well as travancore act was a ..... between the repealing act and the act repealed in every respect. therefore, when section 13(2) of the finance act provides that on the extension of the central act from april 1, 1950 to the part b state of travancore-cochin, any law corresponding to the central act is repealed with effect from that date, all that we have to see is whether the ..... law corresponding to central act therefore stood repealed as from april 1. 1950. the supreme court, speaking through wanchoo j., observed as under in paragraph ii at page 925:it was pointed out by .....
Tag this Judgment!Court : Gujarat
Reported in : (1971)GLR690; (1972)ILLJ253Guj
..... of the persons engaged in industrial occupations in the light of special circumstances of a particular industry, a locality or an establishment, where circumstances justifying the extension of the protection existed. it was to carry out effectively the object underlying the act that power had been given to the state government to decide with ..... such restriction was not and could not be regarded, in the context of the modern outlook on industrial relation, as unreasonable. their lordships further added that extension of the benefits of the factories act to premises and workers, not falling strictly within the purview of the act, was intended to serve the same purpose ..... the conditions of work of these workers but found themselves unable to enforce the law owing to the fact that the industry is highly mobile and tended to an area where no such restrictive laws prevailed. it became necessary, therefore, to have central legislation on the subject. the bill seeks to provide for the regulation of .....
Tag this Judgment!Court : Gujarat
Reported in : (1976)17GLR1017
..... of the judiciary from legislative interference as well as from interference by members of the legislature. further, as executive power of the state is co-extensive with its legislative power, automatically, executive interference with the independence of the judiciary is also excluded.(6) having thus protected judicial independence from the legislature ..... an independent judiciary in the state; it constitutes a high court for each state, prescribes the institutional conditions of service of the judges thereof, confers extensive jurisdiction on it to issue writs to keep all tribunals, including in appropriate cases the governments, within bounds and gives to it the power of ..... .55. besides, as pointed out in the decision in rampur distillery and chemical co. ltd. v. company law board : [1970]2scr177 where the question had arisen regarding the satisfaction of the central government in the context of exercising the power of approval of the appointment of managing agent of a company under .....
Tag this Judgment!Court : Gujarat
Reported in : (1979)GLR413; (1979)0GLR413; [1979]118ITR134(Guj)
..... the cit. this order of acquisition is final subject to appeal the tribunal and a further appeal to the high court on a question of law. such property vests in the central government free of all encumbrances on the possession thereof being taken over by the competent authority or his authorised representative within thirty days of the ..... the competent authority had, by his letter of august 1, 1973, informed the respondent-transferee in reply in her letter of july 3, 1973, that in no case extension of time beyond the period of limitation as prescribed under s. 269d(1) could be granted, and that she must file her objections within time. the respondent, therefore ..... that parliament has provided that the difference between the amount of compensation and the fair market value should be treated as if it was penalty realised by the central government. in support of this submission he has invited our attention to the various observations made in the final report of the direct taxes enquiry committee in .....
Tag this Judgment!Court : Gujarat
Reported in : (1981)22GLR712
..... decision in padfield v. minister of agriculture, fisheries and food 1968 a.c. 997. hegde, j. in his judgment in paragraphs 30 to 35 extensively from the speeches of some of the law lords in padfield's case (supra) and he cited the following passage from the speech of lord hodson:if the minister has a complete discretion under ..... the satisfaction required by the section. one person may think one way, another the other way. if, therefore, the grounds on which it is stated that the central government or the state government was satisfied are such a rational human being can consider connected in some manner with the objects which were to be prevented from being ..... shri b.k. mehta, judge of the high court of gujarat, ahmedabad to inquire into the said matter, and(2) appoints-(i) shri y.k. murty, retired chairman, central water and power commission, new delhi ; and(ii) dr. ravi matthei, ex-director, indian institute of management, ahmedabad. to be the assessors to assist and advise the commission .....
Tag this Judgment!Court : Gujarat
Reported in : (2003)2GLR1190
..... authority and be prepared to give way or being pushed back or pressed ahead at the behest of politicians for carrying out commands having no sanctity in law. the conduct rules of central government services command the civil servants to maintain at all times absolute integrity and devotion to duty and do nothing which is unbecoming of a government servant. ..... said in para 7 :- '7. existence of statutory rules is not a condition precedent to appoint an eligible and fit person to a post. the executive power is co-extensive with legislative power of the state and under article 162, the state can create civil posts and fill them up according to executive instructions consistent with articles 14 and 16 ..... 1996 (9) scc 619 and decision in the case of inspector general of registration u. p. and anr. v. avdeshkumar and ors., reported in 1996 scc (l&s;) 1222. extension of age can be made up to 45 years. ad hoc appointments can be approved by g.p.s.c. or u.p.s.c. office memorandum, method of selection .....
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