Court : Gujarat
Reported in : (1966)0GLR1044; (1966)IILLJ791Guj
..... with regard to the industrial matters mentioned in sch. i are enacted in ss. 35 to 41 grouped together under chap. vii and standing orders settled under that chapter and in operation, or where there are no such standing orders, model standing orders, if any, applicable under s. 35(5) are declared by s. 40( ..... word define.' 13. the supreme court applied this rule in the interpretation of the word 'retrenchment' defined in s. 2(oo) of the industrial disputes act, 1947, in harishankar shukla case [1957 - i l.l.j. 243] (vide supra) and though the definition was wide enough to cover every case of termination of service of a ..... ordinary acceptation and this ordinary acceptation of 'industrial dispute' is, as pointed out by the supreme court in newspapers, ltd. v. industrial tribunal, uttar pradesh, and others [1957 - ii l.l.j. 1] (vide supra), 'in consonance with the basic idea underlying modern industrial legislation.' in australian cases also, without specific reference to any definition .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1966Guj71
..... terms of section 73a that though the right of reference is given to a union, it is only that union which is registered under chapter iii of the act and which is also an approved union under chapter iv which is given this right. the right furthermore is hedged round with certain conditions, viz., that no such dispute can be referred ..... restriction is in regard to all proceedings before the industrial court, and the matters falling under schedule iii are not exempted.'notwithstanding anything contained in any other provision of this act, an employee or a representative union shall be entitled to appear through any person, (a) in all proceedings before the industrial court; (aa) in all proceedings before ..... court in appeal for compensation for loss in wages suffered by them on account of the fact that they were not given work on certain days in 1957 by the opponent mills. the opponent mills preferred an application for a review of the order of the industrial court under section 65 of the .....
Tag this Judgment!Court : Gujarat
Reported in : (1963)4GLR571; (1963)IILLJ726Guj
..... in that part in terms apply, effect must be given to the same. there is nothing in the language of any other provision of the act which would make the provisions of chapter viii inapplicable in cases covered by the terms of the sections therein contained.12. the learned advocate-general has, however another argument in his armoury ..... the petitioner may be declared to have continued in service. the said petition was summarily rejected on 11th february 1957. the petitioner thereupon served a notice on the state of bombay under section 80 of the code of civil procedure giving notice of his intention to institute a ..... state of saurashrra merged with the state of bombay. the petitioner filed a petition in the high court of judicature at bombay, being petition no. 30 of 1957, for an appropriate writ and/or orders under articles 226 and 227 of the constitution of india for quashing the order of dismissal passed as aforesaid and praying that .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1964Guj265; [1964(9)FLR394]; (1964)0GLR649; (1965)ILLJ54Guj
..... first appellants were certified by the commissioner of labour, bombay, and certifying officer, bombay, under section 5 of the act. the standing orders came into force on 27th february 1957 and applied to all clerks employed in the industrial establishment of the first appellants to do clerical labour but excluding all ..... able to appreciate the arguments bearing upon this question, it is necessary to consider broadly the scheme of the industrial employment (standing orders) act, 1946. the act was enacted on 23rd april 1946 because the legislature thought that it was 'expedient to require employers in individual establishments to define with sufficient ..... in the official gazette. it does not apply to any industry to which chapter vii of the bombay industrial relations act, 1946 applies or to any industrial establishment to which the provisions of the madhya pradesh industrial workmen (standing orders) act, 1959, apply, for these state enactments have made distinct and independent provisions .....
Tag this Judgment!Court : Gujarat
Reported in : AIR2003Guj275; (2003)2GLR926; (2003)2PLR926; [2003]46SCL118(Guj)
..... of civil procedure. (11) the registrar or the assistant registrar while passing orders in exercise of his powers under the provisions contained in chapter iii and other provisions of the trade and merchandise marks act, 1958 is not a court of civil judicature or a civil court as contemplated by the code of civil procedure, 1908. (12) ..... was enacted to provide for the registration and better protection of trade marks and for the prevention of the use of fraudulent marks on merchandise. chapter ii of the act contains provisions for register of trade marks, for entering of registered trade marks and such other matters relating to register of trade marks as may ..... section 100a of the c.p.c., notwithstanding the non-obstante clause with which the said section 100a begins. 19. in garikapatti veeraya v. n. subbiah choudhury : [1957]1scr488 , the supreme court followed the leading decision of the privy council in collonial sugar refining company v. irving, 1905 ac 369 (pc), inter alia, laying down .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1968Guj157; (1968)0GLR649
..... cal 179 and meenakshi achi v. p. s. m. subramanian chettiar, air 1957 mad 8. in the former case bose, j. said :'but it is clear from section 32 of the partnership act read with the relevant sections in chapter vi of the said act that by mere retirement of a partner,, a firm is not dissolved but the ..... to a firm so that a firm continues to exist despite changes in its constitution brought about by introduction, retirement, expulsion, death or insolvency of a partner. chapter v contains provisions relating to introduction, retirement, expulsion, death or insolvency of a partner without dissolution of the firm. where a person is introduced as a partner ..... a firm had the effect of dissolving the firm and bringing in the effect of dissolving the firm and bringing into existence a new firm. the provisions in chapter v therefore clearly extend a limited personality to a firm despite internal changes in the constitution of the firm such as introduction, retirement, explusion, death or insolvency .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1963Guj80; (1963)GLR405; (1964)0GLR481
..... conferred under them as executive powers. instances of those are to be found in articles 257 and 257 which occur in part xi, chapter ii, in which article 258 occurs under the same heading 'administrative relations'. the powers conferred under these articles do not come within ..... v. g. c. mandawar, air 1954 sc 493 at p. 495, kailash nath v. state of u. p., (s). air 1957 sc 790 at p. 791, and madhubhai amthalal gandhi v. union of india, air 1961 sc 21. in air 1951 sc 318, the ..... under the constitution. the argument was based essentially upon the definition of the word 'law' given in section 2 (d) of the reorganization act, which is as follows:' 'law' includes any enactment, ordinance, regulation, order, bye-law, rule, scheme, notification or other instrument having ..... of law. in (s) air 1957 sc 790, their lordships were dealing with a notification under section 4 of the u. p. sales tax act by which it was provided that the provisions of section 3 of that act which related to the levy of sales .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1961Guj73; (1961)GLR117
..... 18-a finds place in ch. iii-a which is headed 'direct management or control of industrial undertakings by central govt. in certain cases.' this chapter was added to the act by amending act 26 of 1953. prior to that date the central government had no power to take over the management of the whole or any part of an ..... in this connection mr. nanavaty on behalf of the petitioners cited before us a decision of the supreme court in kamla prasad khetan v. union of india, (1957) scr 1052: ((s) air 1957 sc 676) and leaned heavily on the following observations of s. k. das j., in that case:'.... the reason why the same expression is being managed in ..... , the petitioners were obliged to close down the said undertaking from the mid-night of 27th april 1957. the central government thereupon in the exercise of its powers under section 15 of the said act, passed an order dated 29th may 1957 appointing a committee of four persons under the chairmanship of shri arvind mafatlal for the purpose of making .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1964Guj107; (1963)GLR911
..... guilty of misfeasance under that particular section. in my judgment, the scheme of section 543 (schedule xi) read in the light of the scheme of sections falling under chapter vi appears to be that if evidence or materials come to be brought on the record of a proceeding under section 397 or section 398, then, it is ..... inspector to investigate into the affairs of the respondent company and to make a report thereon to the central government. the witness made his report on 29th june 1957. the present petition is mainly based upon the report of the witness deshpande and that report constitutes the main evidence for the prayers made in the petition including the ..... achieve this object, certain rights are conferred, on the shareholders and creditors of the company and even on the central government. sections 397 and 398, of the act appear to be the main sections in the chapter. the applications thereunder can be made by only members who are qualified to do so under section 399 of the companies .....
Tag this Judgment!Court : Gujarat
Reported in : [1986]59CompCas368(Guj)
..... . at page 205 of the same volume of gower, are found the observations pertaining to the organic theory and it has been observed in this connection : 'in a previous chapter, we have seen that in relation to the internal operation of a company, the general meeting, the board of directors and even a managing director have, in effect, come to ..... managing directors are discussed at page 19 and it is stated : 'this wide delegation of the company's powers is, however, to the directors acting as a board, not to the individual directors.' 33. then, in chapter 6, at page 112, is found a discussion pertaining to lifting of the corporate veil. it is observed, relying on diverse decisions of english ..... appeal brought to this court from the appellate judgment and order of the allahabad high court. in state of u.p. v. ibrar hussain, cr. app. nos. 148 of 1957 and 4 of 1958, d/28-4-1959 (sc), this court observed that it was not necessary to make certain remarks which the high court made in its judgment. here .....
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