Court : Gujarat
Reported in : (1984)1GLR566
..... not refuse to hear the argument that he is incurring losses and show him the door? an employer will not be able to secure from the market the raw materials, coal, oil, electricity and the other materials required for the running of the factory or business at lesser rate, merely, because he is incurring losses. if the employer has ..... company has pointed out that badli or temporary workmen are also given annual increments on their completing 240 days in a year. that they get earned leave under the factories act. they are also given uniforms after they put in 240 days. in the circumstances no further direction appears to me to be necessary, therefore, said demand should be ..... as an unequivocal, full and final acceptance of the award by the chemical mazdoor sabha or by the workmen. in fact there is no evidence that the company had acted on such so-called acceptance. in the letters at pages 410 to 413 wherein the management declared its acceptance of the award and intention to implement the same, .....
Tag this Judgment!Court : Gujarat
Reported in : (1996)3GLR19
..... state fully the circumstances, the price offered or demanded and, in the case of disposal otherwise than by sale, the method of disposal. thereafter, such government servant shall act in accordance with such orders as may be passed by the commissioner, the head of his department, or government, as the case may be.(2) notwithstanding anything contained ..... reply that his action was approved by the high court and he contested that the bombay high court had never disapproved his conduct and, therefore, he has acted on the same line while entering into transaction for the purpose of the plot of land in the year 1963 at ahmedabad. the petitioner contended that he was ..... seeking voluntary retirement and, therefore, at that point of time, the petitioner eould not voluntarily retire. he had delivered several judgments under the provisions of food adulteration act during the period from 24-1-1972 to 17-8-1972. against these judgments, appeals were taken to the high court during the period of 19-6-1973 .....
Tag this Judgment!Court : Gujarat
Reported in : 1983LC1D(Gujarat)
..... expenses of the aforesaid catgories (such as publicity, storage, etc) are now deductible in making computation in the context of amendment of section 4 of the act by act 22 of 1973 even if the same were not deductible before the amendment?14. this is the second ramification of the matter which we indicated in the opening ..... be made in favour of the manufacturer on any score, which are nowhere indicated in section 4(a) keeping in view the explanation to section 4 of the act. the observations made were only for clearly bringing out distinction between the wholesale and retail prices, reference to the freight and octroi made by their, lordships, ..... manufacturing' profits case, namely, 'post-manufacturing expenses' has given birth to the controversy which has arisen in regard to the interpretation of section 4 of the excise act which we are called upon to resolve.the voltas' case:6. the ratio decidendi of voltas' case must be extracted intelligently and meaningfully not mechanically and with a .....
Tag this Judgment!Court : Gujarat
Reported in : (1988)2GLR1042
..... that lie commits must be of such a nature that it should justify the extreme step of keeping him away from his home district. the consequence of his act to social order, the ineffectiveness of any other proceedings against him excepting the externment order and the grave consequence that may follow if he is not externed would ..... the deputy police commissioner, surat city and in that it is observed as follows:since you are sentenced to imprisonment in three offences as mentioned above under bombay prohibition act during the year 1987 and again you are involved in similar type of offence. i am satisfied that you will again commit offences of similar nature. i have ..... and confirmation which is at annexure 'b' & 'c' of this petition. the authority concerned issued show cause notice under section 57(c) of the bombay police act alleging that the petitioner has been sentenced to imprisonment in three prohibition cases on 4-3-1987, 9-7-1987 and 4-11-1987 respectively. those are all offences .....
Tag this Judgment!Court : Gujarat
Reported in : 1984CriLJ1642; (1984)2GLR1380(GJ)
..... trial of such a case.the aforesaid decision of the division bench in our view succinctly brings out the correct legal position pertaining to prosecution of accused under the act for act offences.27. mr. adhvaryu for the accused tried to seek assistance from a decision of vaidya, j. in b.a. sawant's case 1969 cri lj ..... d.p. desai and m.k. shah, jj, had to consider the question whether validity of written consent for prosecution given by the concerned authority acting under the act relying on the report of public analyst would get whittled down on account of the subsequent event of receipt of the certificate of the director of central ..... division bench, speaking through d. p. desai, j. in this connection made the following pertinent observations:under section 20(1) of the prevention of food adulteration act, the prosecution can be launched by four different authorities mentioned in the section who can themselves institute the prosecution in which case no question of written consent arises. .....
Tag this Judgment!Court : Gujarat
Reported in : (1980)2GLR202
..... register of shareholders as many as 1086 are members of public. the institutional governmental membership is about 43. the respondent-corporation has raised loans from the nationalised banks which is to the tune of rs. 2,00,00,000/-. merely because the government has power to issue directions or to appoint managing ..... ii) to recommend, grantor guarantee loans or advances to small industries to enable them to carry on the manufacturing activities; (iii) to precure coke and coal and arrange for distribution among industries:(iv) to effect co-ordination between large and medium industries and small industries by suitable methods enabling small industries to ..... of industrial and commercial activities by the state. bhagwati j., then proceeded to observe that the government which represents the executive authority of the state acts through the instrumentality or agency of judicial persons also to discharge its functions. the instrumentality of the civil service was found to be inadequate in coping .....
Tag this Judgment!Court : Gujarat
Reported in : (1974)15GLR799
..... are cognizable. mr. vidyarthi contended that, in that case, at the most in case where the police commissioner and other officers mentioned in section 6 of the act, 'do arrest parsons found in the gambling house, the offences would be cognizable but when the police officers in whose favour special warrant is granted under the ..... the seizure of the articles therein or take into custody and bring before the court such persons who may be found therein such officers can themselves do such acts. therefore, the commissioner of police and certain other officers can search such premises, seize articles found therein and arrest the persons who are found therein without any ..... respondent is contrary to the statutory provisions and hence the same is illegal, ultra vires and apparently bad. the petitioner also challenges section 6 of the act as ultra vires article 14 of the constitution on the ground that the district superintendent of police or deputy superintendent of police can arrest a person who .....
Tag this Judgment!Court : Gujarat
Reported in : (1993)2GLR1368
..... nilkutchc.j.m., bhuj - - - - - 1 - - 1 - - - - - - - - -1_________________________________________________________________________________________________________________________________________________________________________________________name of the air act, 1981 | water act, 1974----------------------------- -- |--------------------------------------court 85 86 87 88 89 90 91 92 total| 85 86 87 88 89 90 91 92 total_____________________________________________________________________________________________junagadhc.j.m., ..... vankaner - - - - - - - - nil - - 2 - - - - - 2___________________________________________________________________________________________________________________________________________________________________________________________name of the air act, 1981 | water act, 1974----------------------------- -- |---------------------------------------court 85 86 87 88 89 90 91 92 total| 85 86 87 88 89 90 91 92 .....
Tag this Judgment!Court : Gujarat
Reported in : (1989)1GLR678
..... offences under which superior servants were instructed to supervise inferiors servants whose acts might otherwise lead to the commission of an offence; this was not the delegation of the duty to exercise due diligence but the performance of that duty ..... person or a limited company, could not personally supervise the activities of all his servants which might lead to the commission of an offence under the 1968 act; it would therefore be consistent with the taking of reasonable precautions and the exercise of due diligence to institute an effective system to avoid the commission of ..... 4. mr. nanavati's first contention was that the allegations made in the complaint do not suggest any breach of provisions of chapter iv-a of customs act. chapter iv-a deals with detection of illegally imported goods and prevention of the disposal thereof. mr. nanavati's second contention was that these allegations made in .....
Tag this Judgment!Court : Gujarat
Reported in : 1979CENCUS404D; (1980)GLR284; (1980)GLR825
..... of orissa and ors. : [1961]2scr537 , the question which arose related to distinction between 'tax' and fee' in the context of cess levied under orissa mining areas development fund act, 1952. it was intended to be used for rendering service to the community in the shape of developing the notified areas. on consideration of several factors, the supreme ..... production of coal. the supreme court has observed in that context that the argument confused the impost with the machinery provided for the collection thereof. the supreme court has approved in ..... levy of 'duties of excise'.10. in r.c. jail parsi v. union of india and anr. : air1962sc1281 , a similar question arose in the context of coal production rules. in that case, it was contended that the excise duty could not be legally levied upon the consignee who had nothing to do with the manufacture or .....
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