Court : Gujarat
Reported in : [1977(34)FLR244]; (1977)0GLR241; (1978)ILLJ235Guj
..... and to make provision for settlement of industrial disputes and to provide for certain other purpose. section 3(15) defines an illegal change as an illegal change within the mining of sub-s. (4) or (5) of s. 46. section 3(18) defines 'industrial matter' in the widest context so as to include in clause ..... the employer, employee relations, so that there would be real participation of the labour by a joint productive effort in the industrial production that the whole act has been enacted which avoids all industrial class warfare by substituting peaceful procedure of resolving disputes by collective bargaining with such a representative-union or other authorised ..... representatives of employees, and if there is no agreed solution, by resorting to compulsory adjudication under the act. that is why in s. 46(2) the employer is prohibited from making any change in industrial matters mentioned in schedule ii which are substantial matters .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1977Guj37; (1977)GLR241
..... employer employee relations, so that there would be real participation of the labour by a joint productive effort in the industrial production that the whole act has been enacted which avoids all industrial class warfare by substituting peaceful procedure of resolving disputes by collective bargaining with such a representative union or other ..... authorised representatives of employees, and if there is no agreed solution, by resorting to compulsory adjudication under the act. that is why in section 46(2) the employer is prohibited from making any change in industrial matters mentioned in schedule ii which are substantial ..... we must proceed on the basis of these two remedies being distinct. therefore, unless relevant provision was construed so as to advance the purpose of this act, the whole purpose of maintaining industrial peace and avoiding industrial fiction would be frustrated. mr. patel ignored the fact that limitation bars only a remedy but .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1980Guj194; (1981)0GLR165
..... society passed a resolution expelling the petitioner from its membership. the petitioner challenged that resolution before the board of nominees constituted under the gujarat co-operative societies act. on 26th may 1978, the board of nominees issued an ad-interim injunction-restraining respondents nos. 2 to 10 the other members of the society from ..... them. therefore, the petitioner filed in this court miscellaneous civil application no. 105 of 1979 for taking, action against the respondents under the contempt of courts act, 1971. how ever, it appears that that petition was withdrawn because the ad-interim in junction which the board of nominees had issued had yet to be ..... subordinate court to- (a) any other subordinate court, or (b) the high court, to which it is subordinate.' s. 10 of the contempt of courts act. 197r provides: -'every high court shall have and exercise the same jurisdiction, powers and authority in accordance with the same procedure and practice, in respect of contempts .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1991Guj170; (1991)2GLR825
..... the amount due to them on the date of the agreement and all monies which they might choose to advance under the agreement on all business assets including stores, coal, oil process, etc. of the aforesaid three spinning mills. on the background of the aforesaid facts describing himself as the sole proprietor of the firm 'sethiya & ..... (ex. 203).8. it may also be noted that in pursuance of sub-section (3) of section 18 of the gujarat water supply and sewerage board act, 1978 (gujarat act no. 18 of 1979) the gujarat water supply and sewerage board was substituted for the state government in these proceedings. sub-section (3) of section 18 ..... with the exception of bare right of action not being assignable. the learned trial judge has also considered the commentary of mulla on the transfer of property act, which considered number of illustrations. the learned trial judge has specifically considered the illustration to the effect that a partner's unascertained interest in a dissolved partnership .....
Tag this Judgment!Court : Gujarat
Reported in : (2001)4GLR3492
..... , submitted that though gujarat dairy development corporation is a corporation of the government but ultimately it is a company incorporated under the provisions of the companies act and it has a different and distinct identity and the corporation can frame its own rules and regulations. the policy of the government does not bind ..... 7.99 the said option is taken away.4.2 the learned counsels for the petitioner further submitted that the government and the government corporation has acted differently with the different corporations. the learned counsels have submitted that about 106 employees of gcel were absorbed who were declared surplus somewhere on 29.12 ..... the said section, the municipal commissioner should consider the question arising before him in a judicial spirit. in exercising the power, the municipal commissioner must act justly and fairly and not arbitrarily or capriciously; he must exercise the power in consonance with principles of natural justice. we are also of the opinion .....
Tag this Judgment!Court : Gujarat
Reported in : [1977]107ITR489(Guj)
..... third schedule but they are not necessary for the purposes of this judgment. the above examination of the provisions of all the three acts, namely, the act of 1947, the act of 1963 and the act of 1964, will show that in every case, along with the paid up capital, the reserve play a very material part in ..... pegler's book-keeping and accounts, 15th dition, page 42, william pickles' accountancy, second edition, page 192, and part iii, clause 7, schedule vi, to the companies act, 1956, which defines 'provision' and 'reserve'. 36. coming to the distinction between 'reserves' and 'provisions', particularly in the context of company law, we may point out that ..... to follow have also to be borne in mind. it is because of this account-keeping practice that the statute imposes upon the assessee-company under the indian companies act, 1956, particularly the form of the balance sheet, that this distinction between 'provision' and 'reserve' also becomes material for the purpose of finding out what exactly .....
Tag this Judgment!Court : Gujarat
Reported in : (2002)1GLR594
..... life.(iii) to enable the inmate to maintain constructive hope and active interests in life.' 14. in the statement of objects and reasons for bombay (prisons amendment) act no. 27 of 1953. the jail reforms committee had recommended and the government accepted the recommendation that : 'there should be the system of release of prisoners on ..... the furlough period should count towards the prisoner's sentence.xxx xxx xxx xxx xxx the experience has shown that the system has worked satisfactorily. the prisons act, 1894 does not specifically provide for the grant of furlough and the remission of sentence consequent upon it. in order to place the system on a ..... life.(iii) to enable the inmate to maintain constructive hope and active interests in life.' 14. in the statement of objects and reasons for bombay (prisons amendment) act no. 27 of 1953, the jail reforms committee had recommended and the government accepted the recommendation that : 'there should be the system of release of prisoners on .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1982Guj163; (1982)1GLR611
..... . the right and -remedy being creatures of a statute, an aggrieved party is not entitled to avail of any other form of remedy dehorns the act, if the act remedy is wide enough so as to redress his grievance effectively. the election to membership of a body under a special statute can be challenged only ..... immediately hereinabove, in order to successfully challenge an election by a writ petition on the ground of breach of any mandatory provision contained in the municipal act or the panchayat act or the rules hereunder, it must be established that the election of the returned candidate was materially affected thereby. 33. it is in this ..... of bilimora municipality and bulsar municipality held in oct., 1980 have been challenged mainly on the ground of breach of the relevant provisions of the gujarat municipalities act, 1963 or the gujarat municipalities election rules, 1964 pertaining to the preparation of electoral rolls, we intend to dispose of these two applications by this common order .....
Tag this Judgment!Court : Gujarat
Reported in : (2005)195CTR(Guj)385; [2006]282ITR24(Guj)
..... tax appellate tribunal, ahmedabad bench 'b' has referred the following question for the opinion of this court under section 256(1) of the income-tax act, 1961 (the act) at the instance of the commissioner of income-tax, gujarat-i, ahmedabad :-whether, the appellate tribunal is right in law and on facts in deleting ..... have been recorded by the tribunal (third member) while expressing the majority view :'2. the assessee cooperative society is established under the gujarat cooperative societies act. its members are primary cooperative milk producing societies situated in various villages in mehsana district. the number is around 889 in the period under consideration. these ..... settled principles laid down for the purpose of determining allowability of the expenditure under either of the provisions, namely, section 28 or section 37 of the act, it is not possible to state that the assessing authority was justified in making the disallowance. in fact the assessing officer, cit (appeals) and the .....
Tag this Judgment!Court : Gujarat
Reported in : (2003)4GLR621
..... that there is no justification for reduction of punishment or for granting benefit of probation under section 360 of the code or under section 4 of the probation of offenders act, 1958. 32. at this stage, the learned advocate for the petitioner - convict, has raised the following points - [a] there is no proof of the fact that the ..... 's driving of the vehicle was so rash or negligent, that it would endanger human life or personal safety of others and by such a rash or negligent act of driving of matador, the petitioner caused the death of three persons and caused injuries to two persons. the said fact of death has been proved by post ..... , alleged that the petitioner drove his vehicle rashly or negligently. the prosecution has further alleged that the petitioner has caused injuries to the prosecution witnesses by the said act of rash and negligent driving. it is further alleged by the prosecution that the petitioner has caused the death of three persons, who were travelling in the said vehicle .....
Tag this Judgment!