Judgment Search Results Home > Cases Phrase: coal mines nationalisation act 1973 preamble 1 coal mines nationalisation act 1973 Court: gujarat Page 25 of about 251 results (0.169 seconds)

Sureshbhai K. Desai Vs. State of Gujarat

Court : Gujarat

Reported in : 1983CriLJ1684; (1983)1GLR364

..... like section 473 of the code which provides for condonation of delay by words 'extension of period of limitation in certain cases', then section 5. limitation act would apply this section 473 of the code reads as under473:- notwithstanding anything contained in the foregoing provisions of this chapter, any court may take cognizance of ..... be raised against the accused, and probably at that time it will be difficult for the prosecution to prove the offence under section 66 (1) (b) prohibition act. therefore, it is necessary for the prosecution, before filing the charge-sheet, to get the report of the chemical, analyser, satisfy itself about the contents of alcohol ..... powers under section 473 of the code. therefore, it cannot be said now that because the court has earlier taken cognizance without considering the provisions of the limitation act, all the proceedings are non est and, therefore, the sessions judge should not have considered the provisions of section 473 of the code.22. mr. mehta .....

Commissioner of Income-tax Vs. Vallabhdas Vithaldas

Court : Gujarat

..... lord the chief justice and the other three learned judges or if i was not inclined so to agree, then persuade them to change their view and agree with mine. that is the essence of judicial collectivism. it is, to my mind, essential that a judgment of a court should be the result of collective deliberation of ..... by a division bench consisting of justice m.s.shah and justice d.a.mehta. the question pertained to the interpretation of section 263 of the income tax act, 1961 ('the act' for short) namely what would form the records which the commissioner could place reliance upon for taking an order of assessment in revision. learned members of ..... declared that, for the purposes of this sub-section,- (b) "record" shall include and shall be deemed always to have included all records relating to any proceeding under this act available at the time of examination by the commissioner;" ** ** ** "therefore, the materials which were not in existence at the time the assessment was made but afterwards came .....

Dhami Navnitbhai Amratlal and ors. Vs. Bhagvanlal Chhaganlal and anr.

Court : Gujarat

Reported in : (1978)19GLR420

..... considered an anomalous mortgage, rights of the parties will be governed by the terms of contract and in this view section 76(a) of the transfer of property act (act for short) would not be attracted, with the result that the case would not be covered by the ratio of the decision in lalji purshottam v. madhavji ..... possession in the mortgage property, on redemption of the mortgage is not entitled to any protection under the bombay rents, hotel and lodging house rates control act, 1947 (rent act for short), because on redemption the mortgagee's title comes to an end and anyone inducted by the mortgagee cannot have a title better than the mortgagee ..... mortgagor and hence he cannot be evicted.5. first question which we must examine is: what is the nature of the mortgage in this case? section 58 of the act defines different kinds of mortgages. section 58(b) defines 'simple mortgage'. section 58(d) defines 'usufructuary mortgage.' section 58(g) defines 'anomalous mortgage.' the essential feature .....

Smt. Laxmiben Mavjibhai and anr. Vs. Shankarbhai Mulubhai

Court : Gujarat

Reported in : (1995)2GLR1320

..... instance, creating stenches by carrying on of an offensive manufacture or otherwise causing smoke or noxious fumes to pass on to the neighbour's property, raising clouds of coal dust, making unreasonable noises, or vibration. in this kind of nuisance, 'the personal inconvenience and interference with one's enjoyment, one's quiet, one's personal ..... irritate other persons or to make them angry. the word 'annoyance' as used in clause (c) of sub-section (1) of section 13 of the act includes an act which interferes with the peaceful and reasonable enjoyment of the premises by the adjoining or neighbouring occupiers. in tok healty v. benhan 40, chancery division page 80 ..... , annoyance can be found. so, stated, nuisance can be treated as a specie of annoyance. therefore, all 'nuisance' may be 'annoyance' but all the acts of annoyance may not amount to nuisance. actionable or not, annyoance could be established by reason of the fact that the given conduct interferes with the ordinary comforts .....

V.M. Vankar (Macwana) Vs. Indian Farmers Fertiliser

Court : Gujarat

Reported in : (1983)1GLR725

..... under section 33c(2) has come up for consideration before the supreme court in a number of matters (see central bank of india v. rajagopalan : (1963)iillj89sc , east india coal co. v. rameshwar : (1968)illj6sc , central inland water transport corporation ltd. v. the workmen : [1975]1scr153 , and central bank of india v. sirir kumar shah : ..... that they had been recruited as apprentices and had worked throughout the relevant period as such. the labour court, in proceedings under section 33c(2) of the act, directed payment of emoluments of clerks to these respondents. that order was upheld by this court. the bench, which decided the special appeal, observed, inter alia ..... or principle. it would be interesting to have a quick look at the definition of 'industrial dispute' embodied in section 2(k) of the industrial disputes act. we quote:2(k) 'industrial dispute' means any dispute or difference between employers and employers or between employers and workmen or between workmen and workmen, which .....

Latif Chhmtumiya Shaikh Vs. State of Gujarat

Court : Gujarat

Reported in : (2000)3GLR2362

..... criminal procedure code. therefore, merely an application for furlough / parole is rejected, would not be a ground to entertain the application. under the set up created under the prisons act, 1894 and prisoners [bombay furlough and parole] rules, 1959, in absence of violation of the constitutional right, question of entertaining the application does not arise. 24. ..... india for a writ of mandamus directing to quash the first information report, and seeking certain directions in connection with the offence registered under the tada act and for interim relief restraining the respondents no.1 and 2 [police officers] from arresting him. the court pointed out that if the court is ..... the decision of all courts and tribunals within the respective jurisdiction is also a part of the basic structure of the constitution. the distinction between the act, enacted by the legislature and the constitution of india is required to be borne in mind. powers conferred on high courts under article 226 cannot be .....

Sankalchand Himatlal Sheth Vs. Union of India (Uoi) and anr.

Court : Gujarat

Reported in : (1976)17GLR1017

..... committee which was not a final or irrevocable decision but only a policy decision to advise the state government how to implement the policy on nationalisation, that could neither expressly nor by necessary implication involve a pre determination of the issue. therefore, even though to a road transport scheme preparation ..... government was satisfied as to the existence of the conditions, the existence of the satisfaction could not be challenged except on the ground that the authority acted mala fide. but if in reaching its satisfaction the central government misapprehended the nature of the conditions, or proceeded, upon irrelevant materials, or ignored ..... be a declaration of policy, concerning transfer of high court judges, affirmatively stating that they would never be transferred except with their consent and if acting upon this policy statement, the petitioner accepted judgeship and altered his position to his detriment, it would constitute a promissory estoppel and any action contrary .....

Preethisingh Mukandsingh Shikh and Others Vs. State of Gujarat and Oth ...

Court : Gujarat

..... legal position which has been holding the field for last more than six decades that in order to be an agriculturist under the bombay tenancy act, a person is required to cultivate personally agricultural land located within the state. consequently, mr. trivedi continues, a person cultivating outside the state ..... contended that while dealing with similar provision relating to the definition of agricultural debtor, cultivating agricultural land personally under the provisions of the bombay agricultural debtors relief act, 1947, the honble bombay high court inter-alia observed as under, in case of tukaram s. panasare, reported in 54 blr 88 = air 1952 ..... bhatt, the learned counsel appearing on behalf of the appellants and different petitioners, strenuously contended before us that according to definition of agriculturist indicated in the act, agriculturist is a person who cultivates land personally and the expression to cultivate personally means to cultivate on one's own account (i) by .....

Manjulaben Prakshbhai Sarvaiya Vs. State of Gujarat and Another

Court : Gujarat

..... provision in the statute itself to give these words a more extended meaning as to include also illegitimate children and s. 3 (j) of the hindu succession act (act xxx of 1956) furnishes a goods illustration of such a provision. it might even be that without an express provision in that regard the context might indicate ..... adoptions and maintenance among hindus. the law was substantially similar before and nobody ever suggested that hindu law, as in force immediately before the commencement of this act, in so far as it dealt with the maintenance of children was in any way inconsistent with section 488, criminal procedure code. the scope of the two laws is ..... children, she does so in her status as their mother ?, the supreme court, considered the explanation attached to section 20 of the hindu adoptions and maintenance act, 1956. the supreme court observed that to exclude altogether the personal law applicable to the parties from consideration in matters of maintenance under section 125 of the .....

Abdul Ajij Malek Vs. the State of Gujarat

Court : Gujarat

..... or hypersensitive person, but upset also a person of ordinary sense and calmness. the law does not take into account the abnormal creatures reacting abnormally but contemplates the acting of normal beings in given situation. in a marital life, wear and tear between the husband and wife is very mundane, and by chance, if there is ..... been done while being deprived of the power of self control due to grave and sudden provocation offered by the deceased. the test to determine whether the accused acted under grave and sudden provocation is whether the provocation given in the circumstances was likely to cause a normal and reasonable person belonging to the same class of ..... 14. forwarding letter of the forensic science laboratory, exh.46, 15. forensic science laboratory, exh.47, 16. serology report, exh.48, 17. notification under the bombay prohibition act, exh.44, 18. yadi of police station, exh.43, 19. slip bearing signature of panchas, exh.17 and 33 to 38." 2.6 after completion of oral as well .....