Court : Gujarat
Decided on : Aug-01-1980
Reported in : (1981)22GLR451
..... right on a prisoner sentenced to transportation for life to an unconditional release on the expiry of a particular term including remissions. the rules under the prisons act do not substitute a lesser sentence for a sentence of transportation for life. after having examined different clauses and correlated them, the legal position has been ..... rule-making power. sub-section (5) thereof which is material for the present purpose reads as follows:the state government may make rules consistent with the act for the award of marks, granting remission or furlough, determining the conditions on which and the authority by which such remission or furlough shall be granted and ..... only to those prisoners who were convicted after section 433a came into force.2. section 433a was enacted by parliament by the code of criminal procedure (amendment) act, 1978 and came into force on 18th december 1978. let us now reproduce section 433a and see what it provides:notwithstanding anything contained in section 432, .....
Tag this Judgment!Court : Gujarat
Decided on : Dec-12-1980
Reported in : (1981)22GLR689
..... , could be said to be insolvant and could be adjudicated insolvant for acts of insolvency committed by major partners. subba rao, j. (as he then was) speaking for the supreme court observed that since the partnership firm was no ..... chandrakant neelkant sajalge and ors. : [1964]8scr233 . in that case the supreme court was not directly concerned with the interpretation of section 69(2) of the act and the question which was before the supreme court was whether a minor who was admitted to the benefits of partnership and who attained majority after the partnership was dissolved ..... fulfilled, the third party would not have adequate protection as it could not check up whether they were partners of the registered firm when such persons purport to act as partners in the firm while dealing with the third party.6. it may be pointed out that against this decision of the division bench, an appeal .....
Tag this Judgment!Court : Gujarat
Decided on : Aug-22-1980
Reported in : (1980)2GLR253
..... cannot be a 'business' without gain within the meaning of the expression 'commercial establishment' given in section 2(4) of the bombay shops and establishments act, 1948.12. in our opinion, therefore, the authorities below were correct in holding that the petitioner-committee fell within the definition of 'commercial establishment' given ..... an activity would amount to a 'business'. it would be necessary to remember that 'industry' within the meaning of section 2(j) of the industrial disputes act, 1947, includes 'business.' unless, therefore, there is something repugnant in the application of these testes for the purpose of determining whether a particular activity is ..... left it on 1st june 1976. all these respondents are hereinafter referred to as 'workmen. the workmen made applications to the controlling authority under the act claiming gratuity from the petitioner. the petitioner resisted the claims made by the workmen. the principal contention which was raised by the petitioner was that .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-03-1980
Reported in : (1981)22GLR86
..... representations to the bank and ultimately approached the conciliation officer, government of india, for intervention under the provisions of the industrial disputes act, 1947, (hereinafter called 'the act'). before the conciliation officer a settlement was reached between the petitioner bank and the workman on 10th october 19/5. under the settlement ..... pass the examination even at the second attempt were terminated whereupon they filed an application under section 23 of the industrial disputes (appellate tribunal) act complaining of wrongful termination. the dispute was referred for adjudication and the industrial tribunal held on merits that the action of the employer in discharging ..... : (1976)illj478sc . that was a case where two employees were thrown out of jobs without payment of retrenchment compensation under section 25-f of the act. one of the two employees was re-absorbed in service, but the other remained unemployed. he was appointed intermittently between july 31, 1973 and august .....
Tag this Judgment!Court : Gujarat
Decided on : Jun-17-1980
Reported in : (1980)2GLR370
..... (applicant in that revision application) filed an application ex, j24 contending that the said issue should be referred to the relevant authority constituted under the bombay tenancy act. the learned judge having rejected that application, the matter was brought to this court by the defendant. when the matter was before the high court, the plaintiff ..... through their servants or agents.it would, therefore, appear that the suit is essentially one for permanent injunction in terms of section 38 of the specific relief act. in paragraph 1 of the plaint, the plaintiff has elaborated his case. he has firstly described the land and then proceeded to state as follows, (duly ..... the issue about their tenancy of the suit land and, therefore, declining to refer the said issue to the mamlatdar under section 85a. of the bombay tenancy act, 1948.2. a few facts require to be stated. the respondent-plaintiff has filed the said suit for an injunction restraining these petitioners-defendants from interfering with .....
Tag this Judgment!Court : Gujarat
Decided on : Feb-26-1980
Reported in : (1981)22GLR10
..... fittings' in schedule a to rule 14 of the octroi rules framed under section 457(7) read with section 149(1) of the bombay provincial municipal corporations act, 1949. the two entries may be read in juxtaposition-_______________________________________________________________________________________ 28a. sanitary fittings, including c.i. pipes, 28c. flooring tiles, lead pipes, cement pipes, ..... being levied and charged from petitioner no. 1 and others dealing in glazed tiles.2. petitioner no. 1 is a company incorporated under the companies act having its head office in bombay and branches throughout india including abmedabad. petitioner no. 2 is an association of merchants dealing in sanitarywares and tiles. ..... ) ltd. v. state of haryana : 1983(13)elt1607(sc) proceeded to make the following observations:now, the word 'textiles' is not defined in the act, but it is well-settled as a result of several decisions of this court, of which we may mention only a few, namely, ramavatar budhaiprasad v. .....
Tag this Judgment!Court : Gujarat
Decided on : Aug-27-1980
Reported in : (1981)22GLR273
..... i.e., respondent no. 1 her health, physical as well as mental, might be detrimentally affected. once it is held that the capacity and willingness to perform act of coitus is the very basis of a happy marital life and conversely inability or unwillingness to discharge such duties would undermine the very root of matrimonial bliss, it ..... where at the threshold of the marital life, the wife were to receive a rebuff such as in the present case then there is no doubt that the act of the erring spouse irrespective of the fact that he never intended to harm would definitely tantamount to legal cruelty.13. while impotence of the husband might provide ..... torture, either mental or physical, or behaves. in a way which is continuously insulting and annoying, or imputes unchastity, it would definitely mean that all or any of those acts would come within the meaning of legal cruelty. in a case reported at : air1973delhi200 mrs. rita nijhawan v. shri balkishan nijhawan, the division bench of the said high .....
Tag this Judgment!Court : Gujarat
Decided on : Apr-30-1980
Reported in : (1980)2GLR322
..... right of maintenance from these properties. the supreme court in the light of facts before it held that the provisions of section 14(1) of the hindu succession act applied and not provisions of section 14(2) thereof. while deciding as above, the supreme court, had made the following pertinent observations:the widow's right to ..... the provisions of the hindu womens' right to property act, hirabai, widow of the predeceased son of bhavanji acquired interest in the suit property at least in 1950 when she survived the original mortgagor bhavanji. as stated above ..... -kutch state territory in 1949 by application of laws order of that year. mr. mankad submitted that even if the provisions of hindu womens' right to property act may not be applicable in 1944 when govindji died, they were applicable when the original mortgagor died in 1950. mr. mankad, therefore, submitted that even under .....
Tag this Judgment!Court : Gujarat
Decided on : Sep-30-1980
Reported in : (1980)2GLR424
..... to the exemption notification, in our opinion, a 'foreign company' is a company so called under the companies act, 1956. section 591 thereof provides:sections 592 to 602, both inclusive, shall apply to all foreign companies, that is to say, companies falling under the following ..... has raised is that though the exemption notification uses the expression 'foreign company', it does not define that expression. it appears that the central excises and salt act, 1944, the central excise rules, 1944 and the exemption notification do not define that expression. however, taking into account the scheme of the explanation appended ..... been manufacturing medicines. its pharmaceutical products are liable to pay duty under item 14e in the first schedule to the central excises and salt act, 1944. under the act, the central excise rules, 1944 have been made. rule 8 which is reproduced below enables the central government to exempt excisable goods from the .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-31-1980
Reported in : (1980)21GLR869
..... said judgment. it is observed as follows:the readiness and willingness of the tenant to pay could be found only if he had complied with the provisions of the act. the act does not cover the case of a person who is unable to pay owing to want of means but is otherwise 'ready and willing'. such a case is ..... under the circumstances, it is difficult for me even to conceive, that an eviction decree should be passed against the tenant under section 12(3)(b) of the bombay rent act.18. but mr. m.i. patel, the learned advocate for the landlord strongly urged before me, that in the instant case, the aforesaid circumstances do constitute negligence on ..... , the defendants can be said to have neglected to pay the entire arrears of rent and, therefore, the defendants are not entitled to the protection of the rent control act.10. the learned district judge, ultimately dismissed the appeal filed by the defendant-tenant. under these circumstances, the revision application as filed in this court.11. on behalf .....
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