Court : Gujarat
Reported in : (1978)19GLR1067
..... by the three persons on the basis of those proposals and suggestions was effective, meaningful and substantial consultation within the meaning of section 7 of the gujarat municipalities act, 1963. therefore, i find eo infirmity in the impugned delimitation order which the state government has made. to repeat, even if the municipality can be ..... had delegated its powers to the three persons to tender advice to the state government through the collector by entering into consultations with the latter. they acted upon the suggestions individually made by 36 municipal councillors out of 40 the remaining 4 having chosen not to make any suggestions. the proposals and the ..... persons whom the municipal council authorised to enter into consultations with the collector were not appointed as a committee within the meaning of section 55 of the act.7. mr. daru has further argued that, under the aforesaid circumstances, the only section under which three persons could have been appointed into a committee .....
Tag this Judgment!Court : Gujarat
Reported in : (1975)16GLR846
..... what circumstances particulars of a vague ground can be properly supplied to the detenu. there the detenu was detained by the government of bombay under preventive detention act (act 4 of 1950). the ground of his detention which was supplied to him was alleged to be containing no particulars and, therefore, it was attacked inter ..... law have been scrupluously observed and the subject is not deprived of his personal liberty otherwise then in accordance with law. section 8(1) of the act, which merely respects the constitutional requirements of article 22(5) insists that all basic facts and particulars which influenced the detaining authority in arriving at the ..... the enforcement of this article is suspended by the presidential declaration under article 359, these decisions would be of no use while interpreting the provisions of the act. according to shri nanavati, insertion of section 16a, exhibits the legislative intent that in absence of the enforcement of article 22(5), the state government .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1973Guj1; (1973)0GLR88
..... resided together'.a mere perusal of the is section indicates that the jurisdiction has been vested for entertaining application has under the said act in the court referred to therein. jurisdiction given to those court was depending upon several factors referred to therein. it upon the ..... the court which could effectively deal with it, and the property of the infant could be property administered.19. section 10 of the act deal with the particulars to be given in such a application. section 11 death with procedure on admission of a application . section ..... during the better part of the short life and that they had been taken by their mother to dehar dun for only a very brief span of a few hours. it was held that the ordinary residence of the minors was meerut and ..... that the dehar dun court had no jurisdiction to entertain the application of the mother for the guardianship of her minor sons'.in the instance .....
Tag this Judgment!Court : Gujarat
Reported in : (2003)4GLR554
..... the employees working in the departments connected with that service irrespective whether it may be financial, administrative or executive, would be entitled to benefits of the act. no doubt, if the nature of functional is sovereign functions in the sense the functions which are primary and inalienable functions of the state, they ..... perusal of the whole written statement, the petitioner has nowhere contended that the irrigation department is not an industry and, therefore, provisions of the industrial disputes act, 1947 are not applicable. thus, in its written statements, save and except the denial of factual aspects and bar of limitation in raising disputes, no ..... delay has been occurred in raising the industrial dispute has been condoned and the conciliation proceedings have been initiated under the provisions of the i.d.act,1947. before the labour court, separate statement of claim were filed by the respondent workmen in each reference having similar facts. thereafter, references were .....
Tag this Judgment!Court : Gujarat
Reported in : (1996)2GLR580
..... to any other statutory functionaries which unquestionably amounts to interfering with the court proceedings consequentially making them liable to the contempt proceedings under the contempt of courts act, and accordingly, henceforth could be seriously viewed and liable for appropriate action by the court. this in turn in a way will also help, assist ..... state executive or the judiciary as found in the instant case liable to stern legal action including that of the contempt proceedings under the contempt of courts act. incidentally, in overall public interests, when any accused, anti-social or for that purpose on his behalf any of his friends, family members or relatives ..... representative in good faith.6. we giving benefit of doubt take it that it was perhaps an immature misadventure, not knowing the hard consequences of their act that the concerned m.l.a. and the chairman, standing committee, issued the certificates as above, and we accordingly condone the same more particularly because .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1971Guj96
..... is claimed must be not only due but recoverable under law. it is true that in conformity with the principles laid down in the case of hansraj gupta v. dehra dun mussoorie electric tramway co. ltd. and in the case of malabar petroleum co. v. continental oil co., ltd., madras : air1963mad307 , the amount in question must ..... .10. lastly it is pointed out that when the contracts were entered into, the panchayat had not come into existence and that the provisions of the municipal act were applicable. the circumstance that subsequently the municipality has been converted into a panchayat, it is so argued, will not entitle the panchayat to take recourse to ..... ' or 'any other person or persons whatsoever' would incur disqualification. having regard to the fact that all the persons enumerated in the first section of the act were holding offices as officers of british government, the view was taken that in enumerating these several office holders which preceded the material words 'any other person .....
Tag this Judgment!Court : Gujarat
Reported in : [2006]132CompCas606(Guj); [2006]71SCL274(Guj)
..... with regard to matters enumerated in section 529. that was also the view taken by a full bench of the allahabad high court in hansraj v. official liquidators, dehra dun mussoorie electric tramway co. ltd. : air1929all353 . a similar view was taken by the oudh chief court in b. anand behari lal v. dinshaw and co. ..... up as a body corporate. it is now a statutory corporation constituted by and under the oil and natural gas commission act (central act 43 of 1959, hereinafter referred to as the act). the act provides for the establishment of a commission sfor the development of petroleum and petroleum products produced by it and for matters connected ..... in winding up of insolvent companies, section 529a which provides overriding preferential payments.3.12 the learned counsel has relied on the provisions of the provincial insolvency act, 1920, particularly section 2(e) which provides definition of secured creditors which deals with section 45 in part iii administration of property, method of proof .....
Tag this Judgment!Court : Gujarat
Reported in : [1974]44CompCas517(Guj); (1975)0GLR193
..... discriminatory and inconsistent with the doctrine of pair pass distribution of assets of an insolvent company statutorily reecognised in section 511of the companies act. 10. a few illustrative cases can be examined here. in re dehra dun mussoorie tramway co. ltd. (1) [1931] 1 comp. cas. 145 (all.)., priority in payment was claimed in ..... authority legally entitled to, or entrusted by the government with, the control or management of a municipal or local fund. section 3(31) of the general clauses act, 1897, defines 'local authority' to mean a municipal committee, district board, body of port commissioners or other authority legally entitled to, or entrusted by the ..... by the corporation, if it complies with the condition implicit in the definition, it will be an industry within the meaning of the definition in the act. after having observed thus, the supreme court examined the services rendered by the corporation in its various departments including stage department and health department and .....
Tag this Judgment!Court : Gujarat
Reported in : III(2005)ACC301; 2005ACJ1816; (2005)2GLR1476
..... of a plaint'. that was laid down by the privy council in hans raj gupta v. dehra dun mussoorie electric tramway co. ltd. . a proceeding for compensation made under the workmen's compensation act or under the motor vehicles act cannot be confused with a suit. that ingredient of section 3(5) has apparently not been ..... it was pending. learned counsel for the claimants submits that the workmen's compensation commissioner was approached on 20.7.1988 for payment of compensation under the act. therefore, a contract, which is unconscionable, defeats the provisions of law is neither enforceable nor creates bar against statute and statutory right. claimants right to ..... entertain the petition after the claim has been decided by the workmen's compensation commissioner, therefore, the appeal is maintainable.relevant provisions of the wc act, 1923 and the mv act, 1939 which have been referred to and relied upon by the learned advocates while making their submissions are reproduced as under:'3(5) nothing .....
Tag this Judgment!Court : Gujarat
Reported in : (2009)2GLR1450
..... '. that was laid down by the privy council in hans raj gupta v. dehra dun mussoorie electric tramway co. ltd. : air 1933 pc 63. a proceeding for compensation made under the workmen's compensation act or under the motor vehicles act cannot be confused with a suit. that ingredient of section 3(5) has ..... 2-1997 which was challenged by both parties before this court. claim application was filed by claimants before w. c. commissioner under the w.c. act, 1923 claiming compensation for death of deceased wherein objection was raised by insurance company before commissioner that such application is not maintainable before commissioner. division ..... heirs and legal representatives of deceased jamalbhai are not having right to file application before workmen's compensation commissioner for claiming compensation under the w.c. act. preliminary objection raised by insurance company vide exh. 12 was decided by workmen's compensation commissioner and commissioner came to the conclusion that if the .....
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