Court : Gujarat
Reported in : (1976)0GLR18; (1976)ILLJ312Guj
..... in such a case was rightly explained in this decision in the following words : 'if in a particular case, it appears that the new establishment is not genuinely such, but is only an old one formally resuscitated in order to avoid the legal obligation, it is always open to the court to hold that it is the old establishment which is substantially continuing, and that the liability to contribute must be affixed to the apparently new form also. ..... where, therefore, on the entire complex of facts of a given case, it can be concluded that the legal entity 'the establishment' had come totally to an end, and was succeeded by a fresh legal entity, then that fresh entity is the entity to which the act applies as a first impact and if that entity is entitled to infancy protection, that protection will have to be granted as a matter of course, even if it happens by coincidence to have employed a large part of the personnel of ..... 17(1) when a settlement had been arrived at between the parties after the proceeding before the tribunal had come to an end and the tribunal had sent its award to the government but before its publication ..... when the industrial award proceeded on the footing that the act was not applicable and the provident fund was introduced at much lower rates, the award could never be passed in service against the clear, binding provisions of the act. ..... vehemently relied upon the fact that this was not a proceeding which had started under the bombay industrial relations act, 1946. .....
Tag this Judgment!Court : Gujarat
Reported in : (1989)1GLR141; (1989)IILLJ267Guj
..... act it is provided that no suit, prosecution or other legal proceedings lies against any person for anything which is done in good faith or purported to have been done in good faith under the act. ..... is accepted it would amount to saying that even if an officer while taking decision in judicial proceedings acts with mala fides and/or with dishonesty, his conduct cannot be inquired into at all. ..... the record and other evidence that may be produced in departmental inquiry if it is found that while conducting the judicial proceedings certain acts of misbehaviour were indulged into by the officer concerned, then the same can be made the basis of departmental conviction ..... for the petitioner requests that the ad interim relief granted earlier on june 24, 1986 be continued for some time so as to enable the petitioner to challenge the legality and validity of the aforesaid order before appropriate forum. ..... of giving reply, the petitioner has filed this petition on june 23, 1986 and has challenged the legality and validity of the initiation of inquiry itself and has prayed for declaration that the charge - sheet ..... in a given case if it is shown that the decisions taken in judicial proceedings are consistently unreasonable and amount to arbitrary exercise of power and if it is also shown that the same is done with ulterior motive, such conduct would surely be misconduct requiring investigation ..... and circumstances of the case the ad interim relief granted earlier shall continue up to april 18, 1988. .....
Tag this Judgment!Court : Gujarat
Reported in : (1984)1GLR29
..... civil procedure code.now on the basis of the above rulings it was vehemently urged that the learned chief judge committed on error inasmuch as he never realised that the proceedings before him were original proceedings where the evidence was required to be led and further fell into error when he thought that municipal commissioner had adopted one method which was carpet area method, and ..... of all previous orders in respect of deputation of powers and duties under section 49(1) of the act and in that also the power to sign vakalatnama in favour of an advocate, pleader or any other legal practitioner engaged on behalf of the ahmedabad municipal corporation in court matters including matters of proceedings under the gujarat public premises (eviction of unauthorised occupants) act, 1972 before the competent officer are given to the deputy municipal commissioner. ..... on record has already been examined and some lacuna or defect in the evidence as it stands on the record has been found by the appellate court.if this irregularity were to be permitted to continue, the result would be that at all subsequent stages, the additional evidence which has been permitted, would have to be disregarded. ..... the municipal commissioner continues and he acts as per the power which he derived either from the act or the powers which are given to him by the ..... as to costs.interim relief to continue for a period of three weeks ..... no one has the right to continuance of the same measure of tax; no one can say that it .....
Tag this Judgment!Court : Gujarat
Reported in : (1983)2GLR1548
..... panchayat or as the case may be, the chairman or vice-chairman of a nagar panchayat against whom any criminal proceeding in respect of an offence involving moral turpitude have teen instituted or who has been detained in a prison during trial for any offence or who is undergoing such sentence or imprisonment as would not disqualify him for continuing as a member of the panchayat under section 23 or who has been detained under any law relating to preventive ..... in this petition under article 226 of the constitution, the petitioner who is the ex-sarpanch of matar gram panchayat constituted under the provisions of the gujarat panchayats act, 1961 (hereinafter referred to as 'the act') has sought intervention of this court for issuance of a writ of quo warranto or any other suitable writ, order or direction under article 226 of the ..... according to the provisions of the act and the rules, once a sarpanch is removed from his existing post, a vacancy arises qua the post held by him prior to his removal and as per the relevant provisions of the act, such a vacancy can be filled in legally and validly by holding a bye- ..... for the present purpose that all legal procedural requirements of section 25(2) were followed by the competent authorities acting under the statute.once a vacancy could be said to have arisen in the office of sarpanch as laid down by section 25(1) read with section 25(2) on the petitioner being declared disqualified as aforesaid, section 53 of the act clearly got attracted. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1972Guj247
..... under section 305 of the act, the state government may call for and examine the record of proceedings of any panchayat or of any officer (except any proceedings of the nyaya panchayat or of the district or the sessions court in judicial proceedings in revision or reference from the proceedings or a nyaya panchayat) for the purpose of satisfying itself as to the legality or propriety of any order passed and ..... the discharge of the duties; (b) for disgraceful conduct; (c) for abusing the powers; (d) for making persistent defaults in the performance of his duties under the act; and (e) for becoming incapable of performing the duties under the act.under section 23 (d) of the act, no person shall be a member of a panchyat or continue as such who has been removed from any office held by him in any panchayat under any provisions of the ..... act or in any panchyat, municipality or district local board before the commencement of the act under any law for the time being in force; and a ..... alia contemplated by section 49 (1) is passed; and unless the state government relieves the person from the disqualification by a notification in the official gazette the disqualification is to continue for a period of four years from the date of the order.4. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1979Guj134; (1979)0GLR801
..... by the name under which it is registered, -w1th perpetual succession and a common seal, and with power to acquire, hold and dispose of property, to enter into contracts, to institute and defend suits and other legal proceedings and to do all such things as are necessary for the purpose for which it is constituted. ..... as follows:-'all societies registered or deemed to be registered under the said act the registration of which was in force immediately before the commencement of this act, shall on such commencement be deemed to be registered under this act; and all proceedings pending immediately before such commencement before any registrar, arbitrator, liquidator or tribunal or other officer, authority or person under the provisions of the said act shall stand transferred where necessary, to the registrar, arbitrator, liquidator or tribunal ..... or other corresponding officer, authority or person under this act, and if no such officer, authority or person ..... be continued and disposed of by such officer, authority or person in accordance with the provisions of this act. .....
Tag this Judgment!Court : Gujarat
Reported in : (1976)17GLR18
..... ; the work of the press was stopped on sale and was restarted after a break of about three months; the machinery in the press was also altered; the persons employed previously were not continued in service, while a fresh recruitment of the employees took place, amongst whom only six happened to be previous employees and compensation was paid to the workmen at the time of the sale. ..... pradesh : (1963)iillj647sc their lordships had to consider the question whether it was open to the government not to publish award under section 17(1) when a settlement had been arrived at between the parties after the proceeding before the tribunal had come to an end and the tribunal had sent its award to the government but before its publication by the government. ..... an establishment means an organised body of men maintained for a purpose...where, therefore, on the entire complex of facts of a given case, it can be concluded that the legal entity the establishment had come totally to an end, and was succeeded by a fresh legal entity, then that fresh entity is the entity to which the act applies as a first impact and, if that entity is entitled to infancy protection, that protection will have to be granted as a matter of course, even if it happens by coincidence ..... why when the industrial award proceeded on the footing that the act was not applicable and the provident fund was introduced at much lower rates, the award could never be pressed in service against the clear, binding provisions of the act. .....
Tag this Judgment!Court : Gujarat
Reported in : (1977)18GLR64
..... punishment incurred in respect of any offence committed against any law so repealed; or(iv) affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability penalty, forfeiture or punishment as aforesaid and(2) any such investigation, legal proceeding or remedy may be continued, instituted or enforced and any such penalty, forfeiture and punishment, may be imposed, as if the ..... aforesaid law had not been repealed;provided further that, subject to the preceding proviso, anything done or any action taken under any such law, including any notification, order, notice or receipt issued or agreement made, shall be deemed to have been done, taken, issued or made under the corresponding provisions of this act and shall continue ..... in force accordingly, unless and until superseded by anything done or any action taken under this act.as against the contention of the tenant, the landlord relied upon sub-clause (ii) of proviso (1) to section 51 which ..... on a different ground and not agreeing with the ground given by this court that a legal right had accrued even though the notice terminating the tenancy was not given during the continuance and force of the saurashtra act. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1980Guj89; (1980)1GLR103
..... in that restricted area where the rent acts operate particularly having regard to the definition of word 'tenant' in almost all the rent acts that a person continuing in occupation with or without the assent of landlord after determination of the contractual tenancy is for all intents and purposes a tenant entitled ..... in anand nivas's case (supra) about the status a statutory tenant rests on the assumption that on determination of a contractual tenancy, a person continuing in possession has only a personal right of irrevocability protected under section 12 of the bombay rent act, because it recognizes his right to remain in possession so long as he pays and is ready and willing to pay the standard rent and permitted ..... court in nanumal's case proceeded on the legal position which was then prevailing that the statutory tenancy was not ' heritable and, therefore, the legislature had to step in to provide for the void that may arise in the field of the rights of the heirs to continue in possession after the demise ..... indeed, in view of the two decwons of the supreme court the iew of division benchin- normmal's case that there is -a special mode of succession under section 5(11)(c) of the bomb rent act be affirmed since the very premise of the decision of the full bench of the supreme court in dhanpal's case is that the law of contract and transfer of property should not be incorporated ..... 1948 .....
Tag this Judgment!Court : Gujarat
Reported in : (1996)3GLR212
..... nair, : air1986sc411 and held that, 'though section 306 speaks only of executors and administrators, order 22 rule 3 of the code of civil procedure sets out the right of legal representatives to continue the proceedings instituted earlier by a deceased plaintiff if the right to sue survives, the courts have taken the view that the legal representatives stand on par with executors and administrators regarding their right to seek impleadment in order to complete the suit. ..... 1 to 4 ought to have been dismissed by the tribunal.elaborating the said argument further, it was contended that section 306 of the indian succession act in terms provides that, all demands whatsoever and all rights to prosecute for any action or special proceedings in favour or against person at the time of his death survive to and against executors or administrators except cause of action for defamation, assault, as defined in the indian penal code, or other personal injuries not causing ..... maxim depends upon the reliefs claimed and the facts of each case, it has been held that on the death of the workman, even when the reference is of an individual dispute under section 2-a of the industrial disputes act, the tribunal loes not become functus officio or the reference does not abate merely because, pending adjudication the workman concerned dies and it is open to the heirs and .....
Tag this Judgment!