Court : Gujarat
Reported in : (1984)2GLR1244
..... matters are codified and are brought in line with the provisions of the companies act, 1956 is also indicative of this anxiety on the part of the state government. it is pertinent to emphasise that though gujarat act made vital departures from the bombay act it was nonetheless a consolidating and amending act and not a new measure altogether. we may remind ourselves broadly as to ..... firstly, because under the old section he was under an obligation to obtain before exercising the powers of issuing directions, the prior approval of the state co-operative council and secondly the additional contingencies of public interest or the conduct of the society's affairs in a detrimental manner to the members, depositors, or creditors' interests are of uncertain import and .....
Tag this Judgment!Court : Gujarat
Reported in : (1991)2GLR1035
..... inquiry which was required to be given to the delinquent and he was required to be heard before imposing punishment on him. by the constitution (forty-second amendment) act, 1976, however, the said opportunity has been dispensed with in case of 'civil servant' and now it is not necessary that after the inquiry ..... authority? whether the principle applicable to 'civil servants' would also apply to employees of statutory corporations, nationalised banks, insurance companies and other instrumentalities of the 'state'? whether the forty-second amendment of the constitution has effected any change in the legal position in regard to supply of a copy of the report of ..... of the produce of distribution. the government, its agencies and instrumentalities, corporations set up by the government under statutes and corporations incorporated under the companies act but owned by the government have thus become the biggest employers in the country. there is no good reason why, if government is bound to .....
Tag this Judgment!Court : Gujarat
Reported in : (1994)1GLR5
..... liability to pay the compensation is also that of petitioner-company, and therefore petitioner-company is a necessary party or at least a proper party to the land reference cases. he further submitted that in view of the amendment of section 50(2) of the land acquisition act by the state of gujarat, even statutorily, an obligation is ..... in the case of union of india v. shersingh (supra).18. in the result, this group of civil revision applications succeeds. the judgment and order of second joint district judge dated 12-2-1993 is quashed and set aside and present petitioner is ordered to be impleaded as party opponent in lind reference cases nos. ..... vested in the government, after acquisition, it stood transferred to the company under the agreement entered into between the company and the government. thus it cannot be said that the company had no claim or title to the land at all. secondly, since under the 'agreement the company had to pay the compensation, it was most certainly interested in .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1963Guj50; (1963)0GLR326
..... examine the scheme as appearing from the various provisions of the act the long title of the act shows that it is an act to amend the law, for the acquisition of land for public purposes and for companies. the preamble to the act also makes it clear that it is an amending act enacted for the purpose of 'acquisition of land needed for ..... concluded and the judgment was reserved and that too in a petition for the issuance of high prerogative writs of mandamus and certiorari and secondly, the contention, even if permitted by way of an amendment, would, for the reasons stated by us, be premature, and more so alter this decision of the supreme court for having regard ..... in the names of any of their family members and that this information was necessary for the purpose of the inquiry which was being held by the second respondent. the second respondent rejected this application by an order dated 24th january 1961 on the view that the inquiry before him was a limited one and that the petitioners .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1980Guj119; (1980)0GLR177
..... in the case of an industrial undertaking which generates energy for its own use, ten years from the date of the commencement of the bombay electricity duty (gujarat second amendment) act, 1961 (hereinafter referred to as 'the commencement date') or the date of starting the generation of such energy, whichever is later;(b) in the case of ..... in the state will not fall within the description of a new industrial undertaking. it is, thus, clear that under the amended act by virtue of explanation 1 (ii) (b) the plaintiff-company can perhaps claim exemption in case the test regarding the value of the plant in relation to total investments prescribed in the ..... the flashback method and transport the provisions contained in the amended act of 1968 into the unamended act and inject the subsequently born concept thereinto. we are, therefore, unable to accede to the argument urged on behalf of the plaintiff company in the light of the amended provision. for the purposes of record it may be stated .....
Tag this Judgment!Court : Gujarat
Reported in : (1996)2GLR418
..... . the remedial steps which could be taken in this behalf, are directed to be taken as early as possible, if need be by appropriate state amendment in the motor vehicles act. 1988. this court is not directing or suggesting any legislative measure, but it is only leaving it to the state government and its wisdom to ..... special courts are heard and decided within three months from the date of the mishap or accident and the amount of compensation is received directly from the insurance company or the person responsible maximum within six months. accepting that india is one of the most underdeveloped countries in the world, a period of 10 years ..... provides the wherewithal for establishing, manning and running the claim tribunals and also because of administration of justice through courts of law is its constitutional function and secondly for the judicial institution also as paucity of staff, paucity of judges, the lethargic attitude of all concerned and a feeling of no-concern all pervading the .....
Tag this Judgment!Court : Gujarat
Reported in : (1978)19GLR97
..... to the maintainability of this petition. mr. zaveri tormillated the preliminary objection thus: under article 226(1)(b) and (c) of the constitution amended by the constitution (forty-second) amendment act, 1976, it would not be open to this court to entertain this petition purporting to be under article 226 in view of the provision ..... joining all those persons who are appointed on different committees and who may be affected by the decision in this petition. another amendment was sought questioning the validity of the resolution itself. these amendments were granted. the petition was set down for hearing preemptorily thereafter.3. mr. s.k. zaveri, learned advocate who appeared ..... to the provisions of sections 27 and 27a, the appointment and constitution of committees.armed with the powers under repealed act, second respondent municipality has framed rules and they are deemed to be continued under the act of 1964 in view of the provisions contained in section 279(2) (vi). rule 2 refers to the .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1983Guj34; (1983)1GLR292
..... on august 29, 1975 and on behalf of the second defendants on november 27, 1975 notice of motion was taken out by the learned advocate of 1st and fourth defendants for stay of the suit and proceedings under section 3 of the foreign awards (recognition and enforcement) amendment act, 1973 (hereinafter referred to for the sake of brevity ..... and disputes not mentioned in this bill of lading shall be determined according to the merchant shipping code of the ussr.' in the revision preferred by the shipping company against the order of district munsif, haying regard to the importance of the question the learned single judge referred it to the division bench. the division bench, ..... appeal arising out of a suit filed in madras high court by the indian firm which was respondent before the supreme court restraining the russian firm the appellant company befora the supreme court from realising the proceeds of a letter of credit opened by them with the bank of india limited, madras for sale and supply .....
Tag this Judgment!Court : Gujarat
Reported in : (2003)3GLR2331; (2003)4GLR950
..... to renew the licences of kerosene wholesale dealers who were not the agents of the oil companies.7.2 it was then contended that the impugned amendment order, 2002 was ultra vires the provisions of sec. 3(1) of the essential commodities act, because, unless it was found that, but for such an order, the community will ..... to be put in procrustean beds or shrunk to liliputian dimensions. the supreme court in paragraph 42 approvingly referred to a passage from the book, 'statutory interpretation', 2nd edition, by francis bemmion, in which, it was observed that a purposive construction of an enactment was one which gives effect to the legislative purpose by following ..... are, by reference, incorporated in another and the earlier statute is afterwards repealed the provisions so incorporated obviously continue in force so far as they form part of the second enactment'. (b) the decision of the supreme court in ram sarup v. munshi & ors., reported in air 1963 sc 553, was cited for the same proposition .....
Tag this Judgment!Court : Gujarat
Reported in : [1995]95CompCas663(Guj)
..... not with those territories. clause (2) of article 226 was inserted as clause (1a) by the constitution (fifteenth amendment) act, 1963, and was renumbered as clause (2) by the constitution (forty-second amendment) act, 1976. the amendment in the constitution was brought as a consequence of difficulties arising out of decisions rendered prior to such insertion that the ..... etc.' 160. the background of this controversy was that in order to regulate the activities of non-banking companies in receiving deposits from the public on a large scale, the reserve bank of india act, 1934, was amended by act no. 55 of 1963 by inserting chapter 11b containing sections 45h to 45q. section 45j of the ..... securities and exchange board of india (sca no. 5483 of 1996), which also has been heard along with this petition. 3. the petitioner is a company registered under the companies act, 1956, and is having its registered office at ahmedabad. as per the case set out in the petition, in pursuance of notice no. b. 20 .....
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