Court : Gujarat
Decided on : Aug-08-1978
Reported in : (1979)1GLR477
..... could be 'reappreciated' by the tribunal. further, onwards on page 632 the division bench has observed that if the management is guilty of blame-worthy conduct or acts in contravention of the principles of natural justice or without holding a fair enquiry as required by law or by flouting the fetter of previous approval, such action ..... and any order passed without holding an enquiry and without recording a finding of guilt would be violative of the statutory provision contained in section 36(1) of the act. it was also argued that in the proceeding before the tribunal the tribunal had simply to 'confirm' or 'modify' or 'reverse' an order passed by the ..... behalf of the petitioner that the impugned order of dismissal was void having been passed in violation of the statutory provision contained in section 36(1) of the act inasmuch as it had been passed without holding any enquiry and without giving him a reasonable opportunity of showing cause against the proposed action of dismissal from service .....
Tag this Judgment!Court : Gujarat
Decided on : Jul-28-1978
Reported in : (1979)1GLR1
..... year of service.3. in order to appreciate the rival contentions, it is necessary to refer to a few of the provisions of the act. the payment of gratuity act, 1972, being act 39 of 1972, was enacted, as its long title shows, 'to provide for a scheme for the payment of gratuity to employees employed ..... oilfields, plantations, ports, railway companies, shops or other establishments and for matters connected therewith or incidental thereto.' under section 1, sub-section (3), it is provided that this act shall apply to - (a) every factory, mine, oilfield, plantation, port and railway company; (b) every shop or establishment within the meaning of any law for the ..... on. as pointed out by the appellate authority in his judgment, this mandali's factory at gandevi is an undertaking recognised under the bombay industrial relations act and has its own standing orders settled by the appropriate authority. in those standing orders, there is a classification of employees employed by the mandali and .....
Tag this Judgment!Court : Gujarat
Decided on : Feb-27-1978
Reported in : 1978CriLJ1032; (1978)GLR487
..... the statute has to be taken notice of but that cannot be the sole basis of construction of a statutory provision. we have pointed out earlier the object of the act and the purpose for which rule 9(j) has been enacted. if the rule is construed as directory it would not result in any serious inconvenience to the person concerned ..... the rule and one cannot speculate or base his conclusion only on such changes. the rule as it exists must be construed in the light of the object of the act, the purpose for which the rule is enacted and serious general inconvenience resulting to persons concerned, if it is construed in one way or another and other relevant considerations. ..... as the case was filed in the court. it appears that the provisions of this rule were more often not complied with and persons prosecuted for the offences under the act were not supplied with a copy of the public analyst as soon as the case was filed against them. the government, therefore, amended r, 9 (j) by notification no. .....
Tag this Judgment!Court : Gujarat
Decided on : Apr-03-1978
Reported in : 1979CriLJ107; (1978)GLR850
..... with the increasing competition in the employment market, his chances have been considerably diminished, and, therefore, 80% which is adopted on the basis of the workman's compensation act, though it may not be strictly relevant, cannot be said to be irrelevant, even if the overall effect of the loss of limb on the total body functioning and ..... on the evidence on record. in our opinion, there is sufficient evidence on record establishing the fact that the accident happened because of a rash and negligent act of the drivers of both the vehicles. it is difficult in such contingency to exactly measure the extent of negligence on the part of each driver though he ..... habits of passengers. it is a matter of common experience that passengers who sit adjoining a window very often rest their arm on the window sill by which act the elbow projects outside the window. the driver of the bus must have these passengers also in contemplation and, therefore, while overtaking or crossing another vehicle on .....
Tag this Judgment!Court : Gujarat
Decided on : Nov-22-1978
Reported in : (1979)1GLR773
..... construct his structure at his convenience. in our opinion, therefore, the plaintiff can seek a prohibitory and mandatory injunction in such a case. section 38 of specific relief act, 1963 applies to cases of threatened invasion of the plaintiff's rights. if an action taken now by the defendant threatens to reduce, diminish or destroy the plaintiff ..... to exercise our brains very heavily to understand the principle which it has laid down.17. our attention has also been invited to section 7 of the indian easements act. it provides as follows:7. easements are restrictions of one or other of the following rights (namely),-(a) the exclusive right of every owner of immovable property ..... take such steps outside the court of law i am unable to follow why he cannot take recourse to the process of law and prevent the defendant from acting in a manner prejudicial or derogatory to his rights or adversely affecting them. a further expansion of the principle, laid down in the aforesaid two decisions, will .....
Tag this Judgment!Court : Gujarat
Decided on : Aug-11-1978
Reported in : (1979)1GLR256
..... both of the voluntary and involuntary kinds. without more, therefore, there is no reason for limiting the operation of the word 'transfer' to voluntary acts of transfer so as to exclude compulsory acquisitions of property.(emphasis supplied by me)it should be noted that the supreme court spelled out the legislative intent ..... the concurrence of the transferor and the transferee and a compulsory divestiture of title against the volition of the owner cannot amount to transfer, howsoever lawful the act may be as a statutory acquisition of property. rejecting this contention, chandrachud c.j., speaking for the court, posed a narrow question, whether a ..... section 28 the registering authorities are prohibited from registering any transfer referred to in section 27 which is compulsorily registerable under section 17 of the registration act, unless the transferor produces the requisite permission or satisfies the registering officer that the period of 60 day referred to in sub-section (4) of .....
Tag this Judgment!Court : Gujarat
Decided on : Aug-11-1978
Reported in : (1979)1GLR224
..... rain water from the roof of the plaintiffs and on the property now with the defendant. mr. modi, however, urged that by virtue of section 37 of the indian easements act, 1882, the trustees, who were held to have granted that right as per ex. 45, were not entitled to create an easement that would ensure for all time to come .....
Tag this Judgment!Court : Gujarat
Decided on : Feb-16-1978
Reported in : [1980]124ITR626(Guj)
..... appears to be that the petitioner-company manufactured strawboards of various types and that as such it was not running a priority industry as shown in sch. vi of the act. for that reasons, according to the respondent, the petitioner was not entitled to the relief under s. 80-i which was allowed to it by the ito in the course ..... and since excess of excise duty was not relatable to the profits earned by the company, the company was not entitled to the relief under s. 80-i of the act inasmuch as if the amount of excise duty was excluded the net result would be a loss;(3) that the petitioner had not disclosed all material facts truly and fully ..... time, the petitioner manufactured starboard of various types and that the said industry was not included in the list of 'priority industries' shown in sch. vi to the i.t. act and that, therefore, no allowance under s. 80-i could have been granted;(2) that the profit and loss account contained an item of rs. 4,05,000 being surplus .....
Tag this Judgment!Court : Gujarat
Decided on : Aug-29-1978
Reported in : AIR1979Guj113; (1979)0GLR399
..... implied election to respect them can be drawn. such a question can arise only when the state seeks shelter under the doctrine of 'act of state' and in terms pleads it in the written statement in order to resist the suit and to challenge the jurisdiction of ..... there was no such plea in the written statement and no such issue was raised, the parties never realised that the defence of 'act of state' was sought to be relied upon by the state in order to defeat the present suit. this position is incapable of ..... is possible that in a given case a pointed issue may not be raised and yet the parties may have understood that defence of 'act of state' was sought to be urged and parties may adduce evidence on the point. so far as the present case is concerned ..... threshold in our opinion, whether or not the municipal court has jurisdiction, to try the suit from the standpoint of the plea of 'act of state' is a mixed question of law and facts. such a plea must in, the first, place be raised in the written .....
Tag this Judgment!Court : Gujarat
Decided on : Dec-14-1978
Reported in : (1979)1GLR835
..... (c) specifically mentions that the government may make rules in respect of the matters of suspension contained in sub-section (2) of section 25 of the bombay police act. as noted by me above, the bombay police (punishments and appeals) rules, 1956 are framed by the government specifically in exercise of the powers conferred by clause ( ..... suspension was made.7. mr. patel, the learned assistant govt. pleader, however, urged that to my notice provisions of section 25(2) of the bombay police act were not brought and consequently the said decision reached by me should be reconsidered by me and he also stated that it was within my powers to do so ..... within his competence to pass the order of suspension of the petitioner. according to mr. a. 3. patel, the learned assistant govt. pleader, the only further act that was enjoined upon the deputy inspector general of police was to communicate the circumstances of passing the order of suspension to the appointing authority, namely, the inspector general .....
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