Court : Gujarat
Decided on : Sep-04-1996
Reported in : (1997)1GLR198
..... of india, new delhi. against women during 1994 _______________________________________________________________________________________________________ molestation sexual importing immoral incident total harassment/ of girls traffic representation eve-teasing (upto 21 years) (preve.) of (prohi.) act act _______________________________________________________________________________________________________ 7 8 9 10 11 12 _______________________________________________________________________________________________________ 2185 3710 6 264 38 10319 28 1 0 0 0 85 184 13 1 0 0 1545 432 75 3 8 ..... the prosecutrix) existing victimizing conditions and distinctly dwelling deep down upon it, quite sympathetically, the prejudice, wrath and anger otherwise generated against them because of their indiscreet criminal acts the same to quite great extent automatically gets evaporated and cooled down with the wisdom whispering in our ears to be little pragmatic and considerate while deciding the question of .....
Tag this Judgment!Court : Gujarat
Decided on : Aug-27-1996
Reported in : AIR1997Guj157
..... , comprising such area as the stale. government may, from time to lime, by notification in the official gazelle, specify in this behalf. section 4 of the act, i960 makes a provision for publication of plans of controlled area, section 5 puts restrictions in the controlled area arid provides that except as hereinafter provided, no person ..... where noc prayed for construction of residential houses on the land which has been put in agricultural zone in the controlled area and under section 11 of the act, i960, the state government has not granted any permission for change of use thereof. in case the contention of the petitioner is accepted, then though noc ..... which it is sought to be canvassed by the learned counsel for the petitioner before this court will amount to violating the very purpose and object of the act, 1960. not only this, but what directly is not permissible will become available or permitted indirectly merely because of application of this deeming provision under sub-section .....
Tag this Judgment!Court : Gujarat
Decided on : Aug-03-1996
Reported in : (1997)2GLR1204; (1998)IIILLJ278Guj
..... rule 9 of central inland water transport corporation ltd. service discipline & appeal rules, 1979 which conferred upon the corporation the power to terminate the employee for acts other than misdemeanour - in para 98 of the judgment while referring to the earlier decision of the supreme court in west bengal state electricity board v. desk ..... 1978 and the section 2(p) settlement. there is no dispute that the petitioners were workmen within the meaning of section 2(s) of the industrial disputes act. bombay industrial employment (standing orders) rules, 1959 as modified and made applicable in gujarat show that under its schedule 'i', i.e., model standing orders ..... when he completes 900 4ays as above. the learned counsel for the petitioners referred to a settlement arrived at under section 2(p) of the industrial disputes act between the representatives of the abad dairy/gujarat dairy development corporation, ahmedabad on one side and the representatives of the workmen, i.e., gujarat doodh yojna .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-14-1996
Reported in : 1997CriLJ1605; (1997)1GLR570
..... treating the application of the investigating officer as a report of the public prosecutor. supreme court held that the investigating officer had no authority under the provisions of the act to apply for extention and further held that the extension granted was erroneously granted on improper exercise of the jurisdiction by the designated court and consequently the order refusing ..... s case, (1995 cri lj 477), was whether indefeasible right of the accused to be released on bail in accordance with section 20(4)(bb) of the tada act read with section 167(2) of the code of criminal procedure in default of completion of the investigation and filing of the challan within the time limit is a ..... in para 53 (2) (b) as under:-'the 'indefeasible right' of the accused to be released on bail in accordance with section 20(4)(bb) of the tada act read with section 167(2) of the code of criminal procedure in default of completion of the investigation and filing of the challan within the time allowed, as held in .....
Tag this Judgment!Court : Gujarat
Decided on : Feb-23-1996
Reported in : (1997)3GLR2495
..... to defend his case by engaging an advocate, such a request or demand cannot be said to be unreasonable. on the contrary, by refusing such prayer, the respondent-bank has acted illegally and unlawfully. mr. supehia further argued that apart from the rules and regulations, even the principles of natural justice and fairplay also require that reasonable opportunity of being heard ..... part of principles of natural justice. the proceedings before the respondent-bank are not judicial proceedings to which the provisions of the code of civil procedure, code of criminal procedure and evidence act would apply. the petitioner, therefore, has no right that he must be permitted to appear through an advocate. it is no doubt true that, if by refusing a just and .....
Tag this Judgment!Court : Gujarat
Decided on : Dec-02-1996
Reported in : (1997)1GLR647; (1997)IILLJ89Guj
..... 1, 1973 in the scale of rs. 425-700. according to his say a statutory body known as board of experts was created under the provisions of the bombay prohibition act. the state government maintains a separate library meant for the use of board of experts, of which the director, drug control administration, respondent no. 3 herein, is a ..... try to sub-stitute that expert body and the executive government in the task of pay fixation. it cannot be said that in taking the impugned decision the authority has acted arbitrarily or committed any grave error to justify interference by this court. the question of equation of posts or equation of pay, must be left to the executive government ..... s.c.a. no. 2473 of 1983 has asserted that a statutory body known as the board of experts has been created under the provisions of the bombay prohibition act, that the state government maintains a separate library meant for the use of the board of experts, that he has been working as a librarian in the office of .....
Tag this Judgment!Court : Gujarat
Decided on : Dec-02-1996
Reported in : [1997]225ITR936(Guj)
..... board vs. a. rajappa air 1978 sc 549 where in the context of finding out the meaning of 'industry' under s. 2(j) of the industrial disputes act, their lordships said 'where there is systematic activity organised by co-operation between employer and employee (the direct and substantial element is chimerical) for the production and distribution ..... profession carried on by the appellant also partakes of the character of a commercial nature, the appellant cannot fall within the ambit of s. 294 of the act.' the aforesaid observation by their lordships states in no unmistakable terms that a professional activity can also be characterised as an activity of carrying on business if ..... the firm in which husband was also a partner, on the part of wife attracted the provision. making a departure from this wide provision, in the 1961 act, the expression membership in a firm has been replaced by membership in a firm carrying on business. noticing this vital difference which legislature has brought about in .....
Tag this Judgment!Court : Gujarat
Decided on : Nov-26-1996
Reported in : (1997)138CTR(Guj)336; [1997]226ITR605(Guj)
..... . the notification declaring the said mill company at bombay to be a relief undertaking was issued under the provisions of the bombay relief undertakings (special provisions) act, 1958 on 15th oct., 1971and the enforcement of any right or remedy against the said undertaking was suspended. therefore, if the assessee had written off its ..... of takeover of management on 8th oct., 1971 and thereafter, the company was dealt with under the provisions of the sick textile undertakings (taking over of management) act, 1972 on 21st dec., 1974. thus, the government came into picture only after 8th oct., 1971 as per the correct position. the tribunal, however, held ..... passed on to the authorised controller on 8th oct., 1971. later, on 21st dec., 1974, it was taken over under the sick textile undertakings (nationalisation) act, 1975.' this modification is material because while making the earlier order the tribunal had proceeded on the footing that the government had taken over the undertaking on 8th .....
Tag this Judgment!Court : Gujarat
Decided on : May-04-1996
Reported in : [1996]221ITR317(Guj)
..... , therefore, not taxable. on the other hand, the revenue has contended that the amount earned by way of interest is taxable. 5. the boards act is an act to make provision for better management of municipal corporations and municipalities in the state of their finance resources and for regulation of giving certain grants and loans ..... state government may after considering recommendations of the gujarat municipal finance board, determine whether for augmenting the finances of the corporation or any of the purposes of this act it is necessary to make any grant to the corporation and, if so, the amount thereof. (2) the grant so determined shall be made to the ..... even otherwise, under art. 289(1) of the constitution, the whole of the income is exempt. it was pointed out that under s. 10(20a) of the it act, the board is an authority constituted by an enactment for planning, development, etc., of the cities and towns through monitoring funds and activities of municipalities, nagar panchayats, etc .....
Tag this Judgment!Court : Gujarat
Decided on : Dec-04-1996
Reported in : (1997)140CTR(Guj)418; [1997]225ITR84(Guj)
..... necessary for functioning of the crimping yarn machine of the assessee are eligible to extra shift allowance for the purposes of computing depreciation under s. 32 of the act. 19. accordingly, we answer question referred to us in the negative in favour of the revenue and against the assessee. this reference stands disposed of accordingly ..... are unable to accept the contention of the learned counsel for the assessee that 'plant' for the purposes of computation of allowable deduction as depreciation under it act should be taken to mean an entire organisation or unit as a whole comprising of all apparatuses installed therein which are necessary for its function but it ..... installed therein or used therein for the purposes of carrying business of the assessee in order to compute allowable deduction as depreciation under s. 32 of the act cannot be accepted. clearer distinction in the context of the provision with which we are concerned has to be borne in mind that exist between different meaning .....
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