Court : Gujarat
Reported in : (1994)2GLR1758
..... .(2a) the holder of a mining lease, whether granted before or after the commencement of the mines and minerals (regulation and development) amendment act, 1972, shall not be liable to pay any royalty in respect of any coal consumed by a workman engaged in a colliery provided that such consumption by the workman does not exceed one-third of ..... by a division bench of the supreme court in the case of federation of mining associations of rajasthan v. state of rajasthan - : air1992sc103 . following the decision in india cement's case, it was held that the state legislature did not have the competence to legislate for the levy of a tax on mineral being lands based on the ..... down on the ground that it gives excessive delegation. in a similar case, namely, special civil application no. 108 of 1979 - dhirajlal amritlal vyas v. union of india, decided on 21-1-1991 by division bench of this court, it had been contended that section 9 does not provide any guideline or standard and that, gave a blanket .....
Tag this Judgment!Court : Gujarat
Reported in : (2000)3GLR727
..... 3 the petitioner has further pointed out that the action of the respondents is violative of article 14 of the constitution of india and violative of the provisions of relevant laws namely the bpmc act, building regulations and the development act. it is further contended that the inaction is clearly arbitrary and discriminatory against the citizens of ahmedabad ..... 000 received by the plaintiff under the sale deed dated 23.8.1976. in bhim singhji vs. union of india reported in (1981) 1 scc 166 the apex court upheld the validity of the urban land (ceiling and regulation) act, 1976 except section 27(1) insofar as the said provision imposed a restriction on transfer of any urban ..... no authority of law and being violative of article 14 and 21 of the constitution of india. mr. thakore submitted that both these resolution if read it becomes clear that it authorises only rich persons to commit a breach of law, viz. building regulations and use zone, and the person who has no means to pay has to suffer .....
Tag this Judgment!Court : Gujarat
Reported in : (2001)4GLR2840
..... is excessive delegation of essential legislative powers, which is violative of article-14 of the constitution of india, and therefore, the said provisions are void. the petitioners have contended that there is no power conferred on the local authority to frame any regulation compelling the occupiers of the property to reserve any area for any luxurious amenity like club house, ..... room, with no side less than 1.8 mts. (6') (iv) 1.35 sq. mts. (15 sq.ft.) for bath room, puja room, dressing room, pump room, water room, coal room, with no side less than 90 cms. (3'). (v) 12 sq. mts. (130 sq.ft.) with width not less than 2.7 metres (9') and clear height not less ..... structural member at any point shall be as under : (i) 2 mts. (6'-6') for dining space, verandah, bath room, garage for parking, water room, watercloset, puja room, coal room, passage stair cabin and pump room. (ii) 2.60 mts. (8'-6') in case of ground floor and upper floor used for domestic or commercial purposes, if false ceiling .....
Tag this Judgment!Court : Gujarat
Reported in : (2008)3GLR2262
..... that an administrative action is subject to control of judicial review in three broad aspects viz. (i) illegality, meaning thereby the decision maker must understand correctly the law that regulates his decision making power and must give effect to it, (ii) irrationality, namely, wednesbury unreasonableness, and (iii) procedural impropriety, and according to learned counsel for the ..... union list and entry 23 of list ii of 7th schedule of the constitution of india and as per section 2 of this act and whenever it is expedient in the public interest, the union should take under its control the regulation of mines and the development of minerals to the extent as provided in the act ..... learned counsel for the petitioner relied on the decision reported in 2007 (5) air kar r 537 in the case of h.g. rangangoud & etc. v. ministry of coal and mines, dept. of mines, new delhi for exercise of powers by the authority under section 17a(1a) of the act.37. mr. mihir joshi, learned additional advocate .....
Tag this Judgment!Court : Gujarat
Reported in : (2003)2GLR1343
..... the recruitment rules which are finalised in consultation with the commission, it is necessary to consult the public service commission, as mentioned below the said regulation 3. the service and its posts in the cadre of lecturer, gujarat education service, class ii (collegiate branch), admittedly are not exempted from the ..... exercise of their powers and enforcement of the rights or duties under the constitution or the law. (see : consumers education & research centre v. union of india, reported in 1995 (3) scc 42). moreover, the principle of vicarious liability apply as much to misfeasance in public office as to other torts involving malice ..... notwithstanding the availability of the public service commission selectees.10. public service commissions are constitutional entities created by article 315(1) of the constitution of india. the provisions of chapter ii of part xiv of the constitution dealing with public service commissions indicate the importance that the constitution seeks to attach .....
Tag this Judgment!Court : Gujarat
Reported in : (2008)2GLR1598
..... the powers of the custom officers under the customs act and it has been observed that such special statutes like ndps act has been enacted for control and regulation of the operations relating to narcotic drugs and to combat such activities, the powers have been conferred upon the officers. 50. a useful reference can ..... act, specifically made a reference to the international laws in the field of narcotics control evolved through various international treaties and protocols, and the government of india has been a party to such treaties and conventions, and has specifically stressed that sthere has been an urgent need for the enactment of a comprehensive ..... has been stressed, the modus operandi or entire conspiracy for the illegal smuggling or trafficking of contraband articles has been that its smuggling is broached in india and thereafter, it is routed to united kingdom or mauritius. as the secret information has been received that a conspiracy for illegal smuggling and trafficking/ .....
Tag this Judgment!Court : Gujarat
Reported in : II(2007)ACC638; (2006)3GLR1960
..... section 129 are enforced properly.4.8. the state is directed to consider whether sufficient number of policemen are allocated to the traffic branch in all major cities for regulating and monitoring vehicular traffic. if the strength of policemen working in traffic branch is not adequate, needful shall be done to increase the strength of policemen, working in ..... in doing so, the department should accept the reality and should not be diffident in calling for their services. in the case of m c mehta v. union of india [supra] the apex court has discussed this aspect and observed as under:-13. it is also to be noted that to overcome the situation when the strength of the ..... . it may further be noted here that the public safety is one of the important aspects of the fundamental right as provided in chapter iii of the constitution of india. article 21 deals with right to life. public safety falls within the ambit of article 21 as right to life includes safe life. thus anything which endangers or .....
Tag this Judgment!Court : Gujarat
Reported in : (2009)3GLR1982
..... the further statement, such confessional statements are retracted by appellants herein, even the law permits to rely upon the retracted confession. in the matter of union of india v. satrohan as reported in 2008 (3) scc (cri.) 620, the apex court observed in para 16 that the confessional statement which was not retracted for ..... and were all government servants. they were transferred to narcotic control bureau from various departments to perform their duties. this department is specially formed by the government of india for curbing the menace of narcotic drugs in the society. true, it is that, when the witnesses are trained, it is expected that, they would be ..... found from their personal possession was inquired into by the commission and in response to the notice issued by the commission, the defence secretary to the government of india, department of revenue, reported that abdul hamid chandmiya shaikh @ ladoo bapu - accused no. 4 was a veteran drug trafficker, dealing in sale of charas from .....
Tag this Judgment!Court : Gujarat
Reported in : (2001)3GLR2173
..... their equitable distribution and availability at fair prices, or for securing any essential commodity for the defence of india or the efficient conduct of military operations, it may, by order, provide for regulating or prohibiting the production, supply and distribution thereof and trade and commerce therein. the interest of the general ..... 2000, the word 'solvent' has been defined in section 2(i) as under : 'solvent' means volatile fractions derived either directly or indirectly from petroleum or coal. these solvents can be single hydrocarbon components tike propane, benzene, toluene, xylene, etc. or narrow or wide boiling ranges of hydrocarbon. under section 3, the ..... production, supply and distribution of the essential commodities and it has already been held in the earlier part of this order that for maintaining or regulating supply of essentialcommodities or for securing their equitable distribution and availability at fair prices, such orders could be issued and through sub-section (2) .....
Tag this Judgment!Court : Gujarat
Reported in : [2009]147CompCas243(Guj)
..... state government that the state government has taken the possession of the property somewhere in the year 1999 by invoking the provisions contained in urban land (ceiling & regulation) act, 1976. the court, therefore, directed the state government to file its affidavit pointing out that what would be the effect of the repealing act and ..... of land in urban agglomeration to sub-serve the common good, in furtherance of the directive principles of article 39 (b) and (c) of the constitution of india. this act was self-contained and comprehensive in itself and detailed procedure, powers, rights and privileges, remedies, forums for redressal of grievances etc. were prescribed. filing ..... of justice and a possible conflict of jurisdiction. 12. mr. shelat further relied on the decision of the hon'ble supreme court in the case of everest coal company private limited v. state of bihar and ors. : [1978]1scr571 wherein it is held that when a court puts a receiver in possession of property, .....
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