Judgment Search Results Home > Cases Phrase: continuance of legal proceedings act 1948 Sorted by: recent Court: gujarat Page 4 of about 590 results (0.043 seconds)

Mukesh V. Chavda and Another Vs. State of Gujarat and Others

Court : Gujarat

..... and funds of the university; (ii) to enter into, vary, carry out and cancel contracts on behalf of the university in the exercise or performance of the powers and duties assigned to it by the act and the statutes, in consultation with the finance committee, if any, and the legal committee, if any, appointed by the syndicate; (iii) to determine the form, provide for the custody and regulate the use, of the common seal of the university; (iv) to administer funds placed ..... moreover, we find that in the case before us, chancellor of the university was herself satisfied with the illegality committed by the university, and initiated proceeding in the year 2010 for inquiry and the outcome of the inquiry went against respondent no.4. ..... motives and conduct alleged against the appellants in the present case could not be attributed could file such a writ petition even now for the same relief, since the alleged usurpation of the office is continuing, and this, disability on the ground of oblique motives and conduct would not attach to him. ..... joshi contends that the respondent no.4 is not precluded from challenging the order/directions of the chancellor in the present proceedings since the same was never served upon him and in any case, was not acted upon by the syndicate by issuing notice for termination of his services and in any case, had been held to be ultra vires s.7 of the act by the state government exercising powers u/s. .....

Patan Municipality Thro'chief Officer Vs. State Of Gujarat and Another

Court : Gujarat

..... location of the building in relation to any street existing or projected or the purpose for which building is to be used, or may direct that the work shall not be proceeded with unless and until all questions connected with the respective location of the building and any such street have been decided to his satisfaction or may for reasons recorded in writing reject ..... to an additional fine which may extend to an amount up to one percent of the cost or ten rupees, whichever is greater, for each day during which such contravention continues after conviction for the first such contravention; and the chief officer may( a) direct that the construction, alteration, addition or reconstruction be stopped, and (b) upon a conviction being ..... liable to an additional fine which may extend to an amount upto 1% of the cost or rs.10, whichever is greater, for each day during which such contravention continues after conviction for the first such contravention; and the chief officer may (a) direct that the construction, alteration, addition or reconstruction be stopped and (b) upon a conviction ..... any plan, information or particulars required by or under this section, or except as provided in subsection (5), without awaiting or in any manner contrary to such legal orders of the chief officer as may be issued under this section or contrary to the provisions of this act or of any bylaw in force there under, shall be punished with fine which may extend to an amount to fifty percent of the cost of the .....

Gujarat State Road Transport Corporation Vs. Shabir HussaIn G Shaikh

Court : Gujarat

..... dispute, no employer shall, - (a) in regard to any matter connected with the dispute, alter, to the prejudice of the workmen concerned in such dispute, the conditions of service applicable to them immediately before the commencement of such proceedings; or (b) for any misconduct connected with dispute, discharge or punish, whether by dismissal or otherwise, any workmen concerned in such dispute, save with the express permission in writing of the authority before which ..... the workman did not have as per prevalent service rules and regulations any right to be continued on the post as ati as it is now well settled provisions of law that ad-hoc or stop-gap workman are not to be treated as conferring any right whatsoever on the incumbent and therefore, ..... . the court hastened to add here that the court did not opine upon the legality of the order dated 6.7.2001 per-se but implementation and operation of this order was required to be preceded by the approval and permission from the court before which the reference ..... the corporation did not come forward for permission and bring about change in blatant violation of section 33(1)(a) of the id act and hence order impugned cannot be said to be perverse so as to interfere under article 226 of the ..... this reversion order in view of the workman amounted to violation of mandatory provisions of section 33(1)(a) of id act, which unequivocally provided for obtaining permission for effecting any change in the condition of the workman on the .....

Rajkot District Panchayat and Another Vs. M/S. Vasoya Construction Co ...

Court : Gujarat

..... again, the hon'ble apex court has, though made the observations in a subsequent judgment in the case of balwant singh (supra), it was with regard to bringing the heirs on record where the proceedings would stand abated and it is in this background the observations have been made that the right may have accrued in his favour and therefore sufficient cause has to be considered in order to do justice ..... specifically observed, an application under section 5 of the limitation act is not maintainable in a proceeding arising under order xxi of the code. ..... of the limitation act is not maintainable in a proceeding arising under o.21 ..... provision has, thus, expressly been excluded in a proceeding under order xxi of the code. ..... to be mentioned that even while considering the provisions of o.22 r.9 of cpc which provide for sufficient cause for delay in bringing the legal representatives on record and as rightly submitted the provisions of sec. ..... , whilst considering applications for condonation of delay under section 5 of the limitation act, the courts do not enjoy unlimited and unbridled discretionary powers. ..... section 5 of the present limitation act, 1963, states that any appeal or any application under any of the provisions of order 21, civil procedure code, 1908, may be admitted after the prescribed period if the appellant or the appellant satisfies ..... he submitted that the limitation act which is a statutory provision cannot be ignored and discretion may not be exercised contrary to the provisions .....

Shantilal Chhotalal Trivedi General Manager Vs. Mahendrakumar Girdharl ...

Court : Gujarat

Reported in : 2012CrLJ2897

..... learned advocate for the appellant submitted that under section 139 of the act there is a legal presumption that the cheque was given for discharge of debt or liability and the accused is required to rebut the presumption but the accused failed to rebut the presumption by ..... learned advocate for the respondent accused submitted that the presumption under section 139 of the act is rebuttable and in the present case the complainant did not produce any evidence to ..... also perused the impugned judgement and record and proceedings of the trial court. 5. ..... the accused is able to raise a probable defence which creates doubts about existence of legally recoverable debt or liability, prosecution can fail. ..... it is settled proposition that presumption under section 139 of the act is a rebuttable presumption and standard of proof for doing so is that of preponderance ..... towards discharge of liability of salary and hence it was given towards discharge of legally recoverable debt or liability. 11. ..... cannot be said that the said cheque was given towards legally recoverable debt or liability. ..... cannot be said that the said cheque was given by the accused towards discharge of its legally recoverable debt or liability. 10. ..... acquitting the respondent accused for the offence under section 138 of the negotiable instruments act, 1881 (the act for short). 2. ..... complainant was not entitled for the amounts of the cheques and the complainant failed to prove that the cheques were given towards discharge of legal debt. .....

Amrish N. Patel, Member, Jan Sangarsh Manch Vs. Commission of Inquiry ...

Court : Gujarat

..... decision, the salutary provisions of section 540 of the code (section 311 of the new code) are enacted whereunder any court by exercising its discretionary authority at any stage of enquiry, trial or other proceeding can summon any person as a witness or examine any person in attendance though not summoned as a witness or recall or re-examine any person in attendance though not summoned as a witness or recall and ..... sit as a mere umpire at a contest between two parties and declare at the end of the combat who has won and who has lost or is there not any legal duty of his own, independent of the parties, to take an active role in the proceedings in finding the truth and administering justice? ..... 409, that "the rules of natural justice vary with the varying constitution of statutory bodies and the rules prescribed by the act under which they function and the question whether or not any rules of natural justice had been contravened should be decided not under any pre-conceived ..... the appellants that the setting up of the commission of inquiry by the state government or the continuance of the inquiry by the commission so constituted would be tantamount to contempt of court. ..... the controversy arising in the present proceedings centers principally around two sections of the act, namely, section 8b pertaining to procedure to be adopted in case the commission considers it necessary to inquire into the conduct of any person and reputation of such person is likely to be prejudicially affected .....

Principal Chief Engineer Vs. Manibhai and Brothers (Sleeper) and Anoth ...

Court : Gujarat

..... reference has been made by the learned advocate for the petitioner to the provisions of section 19 of the msmed act, by submitting that the said section provides that a reference be made by the council, meaning thereby, that a formal reference has to be made regarding initiation of arbitration proceedings, either by itself, or by invoking any other alternate dispute resolution mechanism. ..... 5.6 it is further contended by the learned advocate for the petitioner that the impugned award is not a legal and valid award, as it is signed by only one member and not by all the members of the council ..... the submissions advanced by the learned advocate for the petitioner fail to have any legal force in convincing this court that it should entertain the petition in spite of the availability of an alternative ..... respondent no.1 addressed letter dated 04-05- 2009 to the petitioner, stating that the railways had no legal right to appropriate any amount from the payment of respondent no.1 meant for cs 160, towards the claim for damages pertaining to another contract, when such damages were neither accepted, nor acceptable by the said respondent ..... of the constitution, in spite of the alternative statutory remedies, is not affected, specially in a case where the authority against whom the writ is filed is shown to have had no jurisdiction or had purported to usurp jurisdiction without any legal foundation. ..... submissions of the learned advocate for the petitioner in this regard, have no legal force. 14. .....

Minakshi W/O Harshadkumar Brahmbhatt Vs. Induben W/O Mohanbhai Shankla

Court : Gujarat

..... in my view, the trial court has properly appreciated the contentions raised by the parties in the proceedings and has on proper appreciation of evidence, recorded the findings.it also emerges that the respondent also raised defence that she is the owner of premises in question and that the respondent has no legal right to claim possession, as the property in question is the ancestral property and she being her daughter was residing with her ..... therefore, the submission that by deciding this application, rights of the parties are decided by the court can not accepted.the third contention is that the parties are daughter and mother, therefore, the proceedings under the act are not maintainable. ..... hence, the proceedings were initiated under the act for vacant possession of premises in ..... basis of agreement exh 31 recorded the findings that the petitioner was permissive user of premises in question and her permission was revoked and as the petitioner did not hand over possession, the respondent initiated proceeding under section 41 of the act to recover the possession of the premises in question. ..... , the respondent made an application under section 41 of presidency small cause court act, 1882 (for short, the act) for vacant possession of premises in question. ..... section 41 of the act reads as under:41 ..... the end of trial, after hearing learned advocates for the parties, the trial court by its order dated 2/9/2011 allowed the application and issued possession warrant under section 43 of the act. .....

Vasantlal Mangaldas Mehta and anr. Vs. Dhariniben Dilipbhai Mehta and ...

Court : Gujarat

..... 13 of 2003 filed by respondent no.1 wife, filed against her husband and in-laws alleging offence punishable under section 498-a, 323, 420 read with section 114 of indian penal code and section 3 & 4 of the dowry prohibition act, 1961, have approached this court under section 482 of criminal procedure code, seeking quashing of the complaint arising there from on the grounds that the respondent no.1 the complainant has filed this complaint by abusing ..... accordingly, the complaint in question impugned in this proceedings is quashed, qua the present petitioners. ..... inspector of police, chennai reported in 2004 scc 100, further proceedings of this case are stayed. 5. ..... it shall continue so far as the husband is concerned. ..... thus the proceedings have been stayed. 6. ..... narration of the complaint does not indicate any overt act on the part of the present petitioners, except the action accused no.1 husband to be investigated. 8. .....

ipcl Employees Association - Through General Secretary Vs Reliance Ind ...

Court : Gujarat

..... necessary, under the law, that the settlement should be confined to that arrived at in the course of a conciliation proceeding, but now includes, by virtue of the definition in section 2 (p) of the act, a written agreement between the employer and the workmen arrived at otherwise than in the course of a conciliation proceeding where such agreement has been signed by the parties in the prescribed manner and a copy thereof has been sent to the ..... and the workmen represented by their union whereby it was agreed that 29 workmen, who were dismissed, would be either given rs 75,000/- as compensation or reinstatement with continuity of service without back wages and the concerned workmen should express apology for mis-conduct and also assure good conduct in future."55. ..... in vacuum.24.viewed in the light of these principles, it cannot be said that the settlement in the present case which is otherwise valid and just suffers from any legal infirmity merely for the reason that one of the clauses in the settlement extends the benefits of life pension scheme only to the employees retiring after a particular date i.e. ..... has been placed on record before industrial tribunal in pending reference then stage of section 18 subsection 1 has gone and matter is at large before industrial tribunal to examine legality and validity of settlement and also justness and fairness of settlement, which has been rightly examined by industrial tribunal, baroda while considering facts that out of total employees 2456 .....