Court : Gujarat
Reported in : (1982)2GLR489; (1983)ILLJ387Guj
..... arisen which require clarification. the aforesiad instructions are accordingly amplified as under :- (i)-(ii) xx xx xx xx (iii) b.c.s.r. 161(1) as amended by government notification, finance department no. g.n. 2 pen-1070/625-j, dated the 28th april, 1970 admits of premature retirement of a gazetted government servant on ..... the discussion certering round this contention, it is necessary to not one or two additional aspects of the matter. under s. 13 of the gujarat housing board act, 1961, the board has been authorised to appoint a secretary, one or more assistant housing commissioners and a housing commissioner and such other officers and servants as ..... housing board. the plaintiff had some grievance regarding his non-promotion to a higher post and hence he has approached the industrial tribunal functioning under the industrial disputes act, 1974. ultimately, promotion came to be given to him with effect from september 1, 1973. thereafter, the plaintiff's case was reviewed for retirement by .....
Tag this Judgment!Court : Gujarat
Reported in : (1982)2GLR22
..... case may be;provided that such upper age limit shall apply to such candidate in a case where recruitment to a post or service is done through competitive examination or by direct selection for which experience has not been prescribed as one of the qualifications for such post.provided further that where a post ..... special civil application no. 1801 of 1981 shall be recalled for test in the light of the observations made in this judgment and having regard to the amendment made by the notification of 25th september 1981;(iv) while selecting candidates for appointment to the posts of gram sevaks weightage in regard to experience shall be ..... subject to appointments being made through the panchayat selection committee under the relevant recruitment rules.2. in exercise of powers conferred by section 323 of the gujarat panchayats act, 1961 the government of gujarat framed the gujarat panchayat service (classification and recruitment) rules, 1967. according to rule 2(f) 'panchayat service' means the .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1982Guj222
..... could be granted to him in the present proceedings.14. while narrating the facts, we have pointed out that the application instituted by the respondent was subsequently amended and that an alternative prayer for the grant of letters of administration with the will annexed has been incorporated in the application. an averment has also been introduced ..... per his volition.' para. 5 contains a recital that the testator had not executed any previous will. para 6 contains a declaration that the will was to be acted upon only after his death. these are the material, recitals in the will.8. the question whether the respondent is an executor appointed by the will, either ..... , 1974 rendered by the second joint civil judge. senior division, nadiad, in miscellaneous application no. 7 of 1970 purported to have been made under see. 276 of the act, where under probate of the will dated april 13, 1961 executed by one dahyabhai nanabhai patel. who died on october 21/22, 1967, was granted to the respondent. .....
Tag this Judgment!Court : Gujarat
Reported in : [1982]49STC227(Guj)
..... tax having been collected by inclusion in the sale price, the assessee was not entitled to claim exemption for those sales under section 10(1) of the central amendment act. he, therefore, dismissed the appeal of the assessee. 4. being aggrieved by this order of the assistant commissioner, the assessee carried the matter in further appeal ..... -state trade or commerce effected during the period between 10th november, 1964, and 9th june, 1969, an exemption provision was made in section 10 of the central amendment act. the construction of the provision contained in section 10 is the bone of dispute between the parties before us. section 10 reads as under : '10. exemption ..... finding out whether the tribunal was right in concluding that the assessee is not entitled to the exemption which it was claiming under section 10 of the central amendment act in respect of the sales effected by it in the course of inter-state trade or commerce during the period under reference. the learned advocate for the .....
Tag this Judgment!Court : Gujarat
Reported in : [1982]51STC88(Guj)
..... does not include any such fabric if it contains - ............................... ...............................' 31. it should be further stated for completing the history that this item was again amended by the amending act, 1980, as stated above. this is shortly the legislative history of this item which has passed through many vicissitudes. 32. having regard to the ..... with special leave to the supreme court. the u.p. legislature inserted a new provision, namely, section 31, in the u.p. sales tax act, 1948, by amending act of 1962 for purposes of neutralising the effect of the decision of the supreme court in commissioner of sales tax, u.p. v. modi sugar ..... ad valorem.'' water-proofing, rubberising, shrink-proofing, organdie, processing or any other process or any two or more of these processes. section 5 of the amending act makes a special provision as to the duties of excise on cotton fabrics and other materials during a certain past period and validation thereof. the material part .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1982Guj58; (1982)1GLR171
..... in a court of civil jurisdiction. to put an end to this judicial controversy, an explanation come to be added to section 141, code of civil procedure, by amendment act. 1976, whereby proceedings under article 226 of the constitution are taken out from the purview of the code of civil procedure. it. therefore, becomes obvious that the ..... not very much circumscribed there are definitive limits as held in shivdeo singh's case (air 1963 sc 1909). of course this judgment was prior to the amendment of civil procedure code by which under section 141, the provisions of civil procedure code are not made applicable to the proceedings under article 226 of the constitution of india, the ..... of time of the hearing before us was pertaining to the authority of this high court to exercise review powers. we, however, find that because of the amendment made in section 141 of the civil procedure code, in the year 1976. the provisions of order 47 of the code relating to review are not applicable to the .....
Tag this Judgment!Court : Gujarat
Reported in : [1982]136ITR522(Guj)
..... saved from the bar of limitation under the second proviso to s. 34(3). the revenue's submission was that in answering the question the effect of the income-tax (amendment) act, 1959, which inter alia, inserted a new sub-s. (4) in s. 34, was required to be taken into consideration. the supreme court held that though the impact of the ..... the provisions of s. 271(1)(a)(i). 8. after the tribunal's decision, there was a material change in the law applicable to the case. by the direct taxes (amendment) act, 1974, which received the assent of the president on august 18, 1974. s. 271(1)(a)(i) was substituted by a new clause with retrospective effect from april 1, 1962 ..... judgment for the opinion of this court. 12. the sequence of events set out above would indicate that on the date of the decision of the tribunal, the direct taxes (amendment) act, 1974, was not in force because it received the presidential assent on august 18, 1974. however, when the application under s. 256(1) was made, the .....
Tag this Judgment!Court : Gujarat
Reported in : 1982(10)ELT155(Guj)
..... section 25. we are concerned with section 25(1) of the customs act, 1962. the customs tariff act, 1975 repealed the indian tariff act, 1934 and the indian tariff (amendment) act, 1949 and it repealed and replaced these two acts and by section 13 it has been provided that in the customs act, 1962, in sub-section (1) of section 12 and in sub ..... to them by the spinning mills that manufacture the yarn. 8. the grievance of the petitioners in both the cases is that though gwalior rayon was facing stiff competition from imported viscose staple fibre, the government of india issued the two notifications, one of january 5, 1979 and the other of october 30, 1979 levying the ..... be granted, yet, so far as the relief under clause (b) is concerned, if that relief is granted, the petitioners will be in a position to stand in competition better as compared to manufacturers of cloth from imported viscose staple fibre. so, though there may not be any jurisdiction to grant relief (a) of this petition, at .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1982Guj163; (1982)1GLR611
..... nomination, and whether that question can be tried by election tribunal. s. 23(3) of the representation of the people act, as amended by the representation of the people act (act 47 of 1966) provided in effect that no amendment, transposition or deletion of any entry shall be made under s. 22 and that no direction for the inclusion of a ..... that is, aug 20, 1980 and the date of the poll, that is, oct. 12. 1980, since s. 9(5) of the gujarat municipalities act, 1963 (hereinafter referred to as 'the act') prohibits such amendment, deletion or addition of any entry in the list of voters for a ward during the period between such date as the state government may, by ..... affected.' 13. it should be recalled that he election to the bilimora municipality has been mainly challenged on two grounds: (i) amendment and deletion of the lists of voters in contravention of s. 9(5) of the act, 1963 and (ii) change in the limits of the wards without following that procedure prescribed under s. 7 of the .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1982Guj37; (1981)GLR934
..... only in 1980-81. this is nothing short of time-serving attitude of those academicians.21. mr. advocate general had also invited our attention that the formal amendment of the ordinance was on the anvil so as to regularize the mass promotion. as we have held that the university has no power to do away with ..... said that these two bodies. by necessary implication, had resolved to dispense with certain examinations referred to above. however, the overweening provision of law is the act and this act itself does not directly or indirectly confer any discretion on the university in this regard. on the contrary, the provisions of section 4(12) presuppose the ..... section 21 reads as follows :'where, by any bombay act or gujarat act a power to issue - notifications, orders, rules or bye-laws is conferred, then that power includes a power, exercisable in the like manner and subject to the like sanction and conditions (if any) to add to, amend, vary or rescind any notifications, orders, rules or by .....
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