Court : Gujarat
Decided on : Jan-22-1998
Reported in : (1998)1GLR773
..... of permanent status to workmen who were hitherto employed as badli, casual or temporary workmen in its establishment for long period cannot be treated as an illegal act of the employer for which he can take a shelter of having committed an illegality by mistake for which he should not be saddled with penalty for perpetuating ..... party to a dispute will consider himself bound by decision in dispute between third parties. 8. in item no. 10 of the 5th schedule appended to industrial disputes act, 1947, to employ workmen as badli, casual or temporary and to continue them as such for years with the object of depriving them of the status and ..... extend certain benefits to its workmen on general principles, without there being any binding award or adjudication from any quarter. there is no prohibition against the employer from acting reasonably in consonance with fairness, equity and justice in dealing with its workmen. nor is there any material which could justify that in extending the benefits of .....
Tag this Judgment!Court : Gujarat
Decided on : Jan-17-1998
Reported in : [1998]94CompCas683(Guj); [1998]231ITR906(Guj)
..... rules of the stock exchange relating to admission and continuance of its members. the business of dealing in securities is regulated by the securities contracts (regulation) act, 1956, which, inter alia, provides for grant of recognition to stock exchanges by the central government in accordance with the requirements of section 4 thereof. ..... , the central government may, inter alia, prescribe conditions relating to the qualifications for membership of stock exchanges recognised by it. section 30 of the said act empowers the central government to make rules even as regards the conditions as to the admission of members of the stock exchange concerned. accordingly, rule 8 ..... the notice at this stage would, therefore, be premature so far as the merits are concerned. moreover, the petitioner will have a remedy under the act itself, if any adverse order is passed. 33. under the above circumstances, the challenge of the petitioner against the validity of the impugned provisional attachment order .....
Tag this Judgment!Court : Gujarat
Decided on : Jan-13-1998
Reported in : [1998]230ITR885(Guj)
..... of lakhanpal's case : [1986]162itr240(guj) required to be reconsidered. in lakhanpal's case, : [1986]162itr240(guj) in the context of the provisions of section 43b of the act, it was held that the import duty and excise duty which were paid by the assessee were deductible and that the sum payable under clause (a) of section 43b had ..... a personal or private purpose and as the expenditure did not exclusively serve the business, it did not qualify for deduction under section 37(1) of the income-tax act, 1961. the high court held that the section also did not permit any allowance from the point of view of any indirect advantage that may be secured as a ..... addition of rs. 3,93,955 for customs duty from closing stock under section 43b ?' 2. earlier, the applicant had applied under section 256(1) of the income-tax act, 1961, before the income-tax appellate tribunal for referring the aforesaid question for the opinion of this court. the tribunal by its order dated february 24, 1997, held that since .....
Tag this Judgment!Court : Gujarat
Decided on : Jan-20-1998
Reported in : AIR1998Guj114; (1998)1GLR673
..... on the part of the officer; agreements were not in accordance with section 11(2) as applicable to gujarat under the land acquisition (gujarat unification and amendment) act, 1965 (act xx of 1965); all parties had not put signature on such consent terms; so-called signatures were not made in presence of respondent no. 1; guidelines ..... exercise of powers under article 226 of the constitution of india. regarding form of application and award and also regarding non-compliance with the provisions of gujarat amendment act and the rules, it was submitted that as held by the apex court, substance of the matter is important and not the form. they urged that ..... first respondent inter alia observing that there was an agreement between the parlies, the award was consent award and the case was covered by section 11(2) of the act. the applications for making reference to a competent court were, therefore, not maintainable. the respondent no. 2, hence, rejected the applications on september 30, 1987, .....
Tag this Judgment!Court : Gujarat
Decided on : Jan-23-1998
Reported in : AIR1998Guj169; (1998)2GLR262
..... cut the bamboos in terms of the agreement between the state government and the respondent company. (ii) under section 55 of the wild life (protection) act, 1972 chief wild life warden of the state is the statutory authority to file firs against any person who is alleged to have committed any offence punishable ..... register cases and to prosecute the concerned delinquents. this, according to us, was clearly beyond his jurisdiction. even the provisions contained in the delhi special police establishment act, 1946 have been ignored, in as much as, the learned judge directed dispensation of the contest of the state government to exercise jurisdiction by the cbi. ..... parties that government of gujarat permitted cpm to cut and remove bamboo from the shoolpaneshwar forest area. 6. as per the definition in the wild life (protection) act, 'wild life' includes land vegetation. it is the duty of the state to protect this vegetation. bamboo is one such vegetation present in shoolpaneshwar sanctuary in .....
Tag this Judgment!Court : Gujarat
Decided on : Jan-12-1998
Reported in : 1998CriLJ1752
..... ,32000/- were found concealed in the specially made cavities in the said pair of sandals. the gold was seized and the proceedings were initiated under the provisions of the customs act, 1962. the petitioner was produced before the metropolitan magistrate on 19-12-1996 and he was remanded to judicial custody. the bail application filed by the petitioner was rejected by ..... a view to prevent him from smuggling goods proclaimed the order of detention dated 3-3-1997 under the provisions of conservation of foreign exchange and prevention of smuggling activities act, 1974 (hereinafter referred to as 'cofeposa'). the grounds of detention made under section 3(1) of the cofeposa have been well set out in the grounds of detention, and therefore .....
Tag this Judgment!Court : Gujarat
Decided on : Jan-23-1998
Reported in : [2000]101CompCas101(Guj)
..... wanted to suggest was that even assuming that some another exchange ratio can be suggested to be better one, it was for the equity shareholders who acted bona fide in the interest of their class as a whole to accept even a less favourable ratio considering other benefits that may offset such less ..... the scheme of amalgamation of the petitioner-company with marg marketing and research group (p.) ltd. 2. the petitioner, transferor-company is registered under the companies act, 1956 (hereinafter 'the act') and is having registered office at rameshwar estate, subhanpura, baroda - 390 007. the transferee-company marg marketing and research group (p.) ltd. is ..... also a company incorporated under the act having its registered office at 30th floor centre one, world trade centre complex, cuffe parade, bombay - 400 005. 3. the petitioner, transferor-company had earlier .....
Tag this Judgment!Court : Gujarat
Decided on : Jan-23-1998
Reported in : I(1998)DMC690
..... the evidence of the witnesses and the contents of dying declaration, it would be relevant to note the law relating to dying declaration. section 32(l) of the indian evidence act, 1872, is an exception to the general rule mat hearsay evidence is not admissible evidence and unless evidence is tested by cross-examination, it is not creditworthy. under section 32 ..... station, had also recorded the complaint of the deceased at 22.35 hrs. in the anand general hospital. the complaint had become dying declaration under section 32(1) of the act. psi, mr. polara, in his oral evidence stated that after receiving information that one lady was serious due to burn injuries at the anand general hospital, he reached the hospital .....
Tag this Judgment!Court : Gujarat
Decided on : Jan-23-1998
Reported in : 1999CriLJ162; (1998)3GLR2240
..... had facilitated the crime. under the circumstances, the fear of the accused that a; particular community and particular persons in the police or certain officers acting under certain instruction may be from higher level, may not take the accused lightly....49. having found that political rivalry between ranjitsinh jhala and the accused ..... . it was further contended by the learned app that in considering the bail applications on behalf of the present respondent, the learned sessions judge has acted contrary to the well-settled principles in the matter of considering the application for releasing the accused on bail, whether anticipatory or post-custodial. it was ..... in custody for the purpose of securing increminating material or information which is likely to be received from the offender under section 27 of the evidence act. about the relevance of the custodial requirement during investigation, while considering the exercise of discretion for the purpose of granting or refusing a pre-arrest .....
Tag this Judgment!Court : Gujarat
Decided on : Jan-15-1998
Reported in : 1998(101)ELT246(Guj); (1998)1GLR589
..... dutiable or prohibited and imposing penalties. the customs officer does not at that stage accuse the person suspected or infringing the provisions of the sea customs act with commission of any offence. his primary duty is to prevent smuggling and to recover duties of customs when collecting evidence in respect of smuggling against ..... even if the maker of the statement fails to establish his allegations of inducement, threat, etc., against the officer who recorded the statement, the authority while acting on the inculpatory statement of the maker is not completely relieved of his obligations in at least subjectively applying its mind to the subsequent retraction to hold ..... could not be delayed for long. under the aforesaid circumstances the accused was required to be prosecuted under the aforesaid provisions of the n.d.p.s. act. 15. after the receipt of complaint as aforesaid, the learned chief judicial magistrate committed the case to the sessions court. charge was framed against the accused .....
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