Court : Gujarat
Decided on : Aug-12-2004
Reported in : (2004)3GLR2251
..... developments.2.1 the 13 petitioners are members of the managing committee of the federal society registered under the provisions of the gujarat cooperative societies act, 1961 (the 'act' for brevity). the society was established in the year 1960 by shri mansibhai patel who spearheaded the cooperative movement in mehsana district and encouraged ..... provision was even otherwise arbitrary and irrational and, therefore, violative of article 14 of the constitution.26. on interpretation of the relevant provisions of the act, the apex court rejected the first contention and held that such power of removal by passing a vote of no confidence was available against presidents of ..... confidence of the body which elected him. it may be by people themselves or they may entrust their power through legislation to their representative. in act it is the latter. members of the board are elected from smaller constituencies. they represent the entire electorate as they are representatives of the people although .....
Tag this Judgment!Court : Gujarat
Decided on : Aug-04-2004
Reported in : (2005)1GLR551
..... nothing more than its understanding and opinion. it is doubtful whether such clarifications and circulars bind the quasi-judicial functioning of the authorities under the act. while acting in quasi-judicial capacity, they are bound by law and not by any administrative instructions, opinions, clarifications or circulars. law is what is ..... said decision, the honourable supreme court was dealing with the u.p. public services reservation for scheduled castes, scheduled tribes and other backward classes act, and the question of entitlement for getting benefit of reservation as scheduled tribe candidate arose for consideration in the said decision. the honourable supreme court ..... as per the said certificate, the tribe 'bhil' is classified as scheduled tribe in rajasthan as per the scheduled castes and scheduled tribes orders (amendment) act, 1976 with effect from 27th july, 1977. however, at the time of filing of these petitions, both these petitioners apprehended termination of their services / .....
Tag this Judgment!Court : Gujarat
Decided on : Jun-30-2004
Reported in : AIR2005Guj132
..... such eventualities do happen. simply because the petitioner is adversely affected in the process of planning, it cannot be said that the respondent authorities have acted in an arbitrary manner. it has been added that the fact that the respondent authorities considered the representation of the petitioner and made changes before the ..... of his building is also being demolished by the respondent authorities. according to him, by demanding the aforestated amount from the petitioner, the respondent authorities are acting unreasonably and arbitrarily.8. while relying upon the judgement delivered by the hon'ble supreme court in the case of teri oat estates (p) ltd v. ..... , with the reconstituted plot of the petitioner, was sanctioned by the respondent government on 21st january, 2003 under the provisions of section 65 of the act.2.2. the petitioner has prayed in this petition that the respondent authorities should be permanently restrained from implementing the scheme so that no portion of the .....
Tag this Judgment!Court : Gujarat
Decided on : Jun-30-2004
Reported in : (2005)2GLR1266
..... ofelectricity for non payment thereof, restorationof supply of electricity, tampering, distress ordamage to electrical plant, electric lines ormeter, entry of distribution licensee or anyperson acting on his behalf for disconnectingsupply and removing the meter, entry forreplacing, altering or maintaining electric linesor electrical plant or meter.' 18. the learned advocate ..... the same is withoutgiving any notice to the appellant-- consumer.''8. the learned counsel for the respondentplaced strong reliance on section 24 of theindian electricity act, 1910 which contemplatesseven days' notice before disconnection. section 24 does not apply to demand on detection ofpilferage. it would apply to a case ..... provisions of the repealed laws or any actspecified in the schedule on or before theappointed date shall be deemed to be a licenseeunder this act for such period as may bestipulated in the licence, clearance or approvalgranted to him under the repealed laws or suchact specified in the schedule .....
Tag this Judgment!Court : Gujarat
Decided on : Aug-16-2004
Reported in : [2005(104)FLR488]; (2004)3GLR2620
..... despite sufficient and repeated opportunities offered to the delinquent workman-conductor, he has not improved himself, as a result of which he landed in one more serious act of misconduct by misappropriating the public funds and, therefore, the impugned order of dismissal from service was justified and the labour court's impugned order, directing ..... approach. such a view is not sustainable, being not reasonable and legal.the default card of the respondent-conductor, produced on record, squarely shows six past acts of misconduct, out of which in all cases, except one, the misconduct was of misappropriation of public funds and on two occasions, after holding inquiry, ..... be trusted. in the scope of expression, 'misconduct' it will be, therefore, interesting to mention that the standing orders of industrial employees also make such acts and conduct as 'misconduct' by including them in their standing orders. when the misconduct is relating to morality, it is to be taken very seriously. morality .....
Tag this Judgment!Court : Gujarat
Decided on : Aug-16-2004
Reported in : (2006)3GLR1873
..... in the memo of petition and in the booklet jagrut parivar but now the petitioners have realised that they have to face prosecution because of their illegal act of preparing, publishing, editing, circulating and dispatching defamatory material by publishing the booklet jagrut parivar and therefore they are saying that they have not published the ..... -down their heads before respondent no.2 and to unconditionally surrender themselves. as per petitioners, the main purpose of launching this prosecution is nothing but an act of monstrosity by creating an atmosphere of fear and terror against them whereas the other oblique purpose is to see that the petitioners are forced to come ..... opinion was prejudicial to the furtherance of the cause itself should be discouraged and therefore the petitioners did not submit to her dictates and they preferred to act as per the dictates of their consciences.13. it is also emphasised in the petition that resultant situation was invisible hand of respondent no.2 in .....
Tag this Judgment!Court : Gujarat
Decided on : Dec-21-2004
Reported in : [2005]60SCL24(Guj)
..... less any convincing reason is given in the order for condonation of delay. though the mills company is under liquidation, neither any permission under section 446 of the act was sought for before filing the said appeal nor the official liquidator was joined as a party in the said appeal. despite the pendency of company application no. ..... . 324 of 1994 was dismissed by this hon'ble court on 30th july, 2002. he has further submitted that under the provisions of section 446 of the companies act, 1956 after the company is ordered to be wound up, before initiating any proceeding, permission of the company court, is mandatory. in the case before the prant ..... into liquidation and the official liquidator was appointed to look after the affairs of the company. by virtue of the powers vested in him under the provisions of companies act, 1956, the official liquidator took over possession of the assets of the company. in the process, the official liquidator also took over possession of other areas which .....
Tag this Judgment!Court : Gujarat
Decided on : Dec-17-2004
Reported in : AIR2005Guj164; (2005)1GLR519
..... and the tariff has been revised without jurisdiction and without hearing the petitioners. therefore, this court has not gone into the question whether old act or new act is applicable to the present case.15. in the premises aforesaid, the petitions are required to be allowed. accordingly the petitions are allowed. ..... constitution of state commission: - (1) every state government shall, within six months from the appointed date, by notification, constitute for the purposes of this act, a commission for the state to be known as the (name of the state) electricity regulatory commission:provided that the state electricity regulatory commission, established ..... be specified in respect of generation, transmission and distribution for determination of tariff.(3) the appropriate commission shall not, while determining the tariff under this act, show undue preference to any consumer of electricity but may differentiate according to the consumer's load factor, power factor, voltage, total consumption of .....
Tag this Judgment!Court : Gujarat
Decided on : Dec-14-2004
Reported in : (2005)2GLR1092
..... .7. moreover the requirement under the law is that budget should be passed atleast before 15th december of the current year. as per section 116 (4) of the act, the limit is extended upto 31st march, of the current year. admittedly, on 26th march, 2002, the budget was not passed and, therefore, petitioners were not conscious ..... accordance with law expeditiously. since the order is set aside, the development commissioner, will have to pass fresh order under the provisions of section 253 of the act and till such decision is taken naturally, the elected body will be entitled to continue to function.'5. i have heard the learned advocates for the respective parties ..... estimate has been approved after the commencement of the next year would not render the action of approving the budget illegal or contrary to the provisions of the act and the rules. if the budget estimate is not approved before march 31, for some valid reason, such estimate can be approved within reasonable time thereafter depending .....
Tag this Judgment!Court : Gujarat
Decided on : Dec-03-2004
Reported in : [2005]142STC522(Guj)
..... , while dismissing the appeal filed by the department, the court observed as aforesaid, and held that the condition precedent for imposing sales tax under the central act was that the goods must move out of the state in pursuance of some contract entered into between the seller and the purchaser.19. in the present case ..... (4) of section 8 shall be in forms 'c' and 'd' respectively.14. the object of the provision, namely, section 8 of the central act is to discourage inter-state trade with unregistered dealers and to canalise the inter-state trade through registered dealers over whom the appropriate government would have control and thus ..... only. referring to the submission on behalf of the assessee before the tribunal regarding declaration before excise authorities, mr. bhatt submitted that the same was a voluntary act and even if the said documents, namely, the form submitted to the excise authorities, the gate pass issued by the excise authorities carried the details regarding the .....
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