Court : Gujarat
Decided on : Mar-21-2006
Reported in : [2006(111)FLR1097]; (2006)2GLR889; (2006)IIILLJ196Guj
..... v. shree synthetics ltd. air 1984 sc 1164, the supreme court was required to consider the provisions of sections 61 and 66 of madhya pradesh industrial relations act (act 27 of 1960) which empowered the labour court to decide the legality and propriety of any order passed by an employer under the standing orders. section 61 inter ..... substituting the punishment of stoppage of one increment without future effect. such type of jurisdiction could not have been exercised under section 11a of the industrial disputes act, 1947 (`the act' for short) which on its express language would not apply to such a case. 3. in order to appreciate the grievance of the petitioner, a ..... 15.9.1998, reduced punishment from 16 stages to 5 stages. this order has been passed in exercise of power under section 11a of the industrial disputes act, 1947 (the act). this order was challenged through special civil application no. 1026 of 1999 by corporation. however, by oral order dated 11.2.1999, special civil application was .....
Tag this Judgment!Court : Gujarat
Decided on : Apr-13-2006
Reported in : (2006)2GLR1580
..... regulatory commissionno. gerc/tech-i/227/2005 14th december, 2005notificationin exercise of the powers conferred under section 181(2)(x) read with section 50 of the electricity act, 2003 (act 36 of 2003) and order no. s.o. 790(e) dt. 8th june, 2005 of the minister of power, government of india, the gujarat ..... civil courts are prescribed by the said statute or not.(3) & (4) ... (dealing with cases of challenge to constitutionality). (5) where the particular act contains no machinery for refund of tax collected in excess of constitutional limits or illegally collected, suit lies.(6) questions of the correctness of the assessment apart from ..... payment thereof, restoration of supply of electricity, tampering, distress or damage to electrical plant, electric lines or meter, entry of distribution licensee or any person acting on his behalf for disconnecting supply and removing the meter, entry for replacing, altering or maintained electric lines or electrical plant or meter;and whereas the .....
Tag this Judgment!Court : Gujarat
Decided on : Feb-02-2006
Reported in : AIR2006Guj157
..... exhibition of advertisements on any land, building, hoardings or structure. such advertisements cannot be exhibited without permission of the commissioner. section 386 of the act empowers the corporation to collect licence fees for the purpose of granting permission for exhibiting advertisements. it would thus, become further clear that licence fee ..... in the abovesaid judgment to the facts of the case in hand, it can be seen that the statute under section 11 of the act requires the board to undertake various activities to regulate the business of the securities market which requires constant and continuing supervision including investigation and instituting ..... limits for creation, maintenance and betterment of basic amenities and facilities for commuting public. it is contended that the legislature by framing provisions under the act, has empowered local authority to generate funds which is to be utilised for providing better amenities and facilities for commuters. it is stated that the .....
Tag this Judgment!Court : Gujarat
Decided on : Feb-23-2006
Reported in : (2006)2GLR1233
..... that these applications are in the nature of recrimination applications for supporting the elected candidate as contemplated by section 97 of the representation of the people act, 1951. it is, therefore, necessary to decide these applications first.31. having carefully gone through the said applications and having heard mr yf mehta ..... their applications and submitted that these applications are in the nature of recrimination application similar to application under section 97 of the representation of the people act, 1951. it is, however, submitted that admittedly these two applicants were neither arrested by the police nor were they prevented by any person from ..... the president of anand municipality. the petitioners in the other two petitions have supported the prayer for the said declaration.2. since the gujarat municipalities act, 1963 does not provide for any machinery or forum for determining challenge to election of president and vice president of the municipality, this court has .....
Tag this Judgment!Court : Gujarat
Decided on : Sep-21-2006
Reported in : 2007CriLJ320
..... mentioned in the indian penal code lies on the accused, but this section does not at all indicate the nature and standard of proof required. the evidence act does not contemplate that the accused should prove his case with the same strictness and rigour as the prosecution is required to prove a criminal charge. in fact ..... has explained the concept of cruelty within the meaning of the definition as provided under section 498-a of ipc. the ratio of this decision is that every act of cruelty or harassment is not made a crime under section 498-a. the prosecution has to establish that the cruelty or harassment was unabetted, incessant and ..... be held guilty for abetting the commission of suicide, the prosecution must establish by cogent, convincing and overwhelming evidence that the accused intended the consequences of the act namely suicide and abetted the suicide within the meaning of section 107 of ipc. mere harassment or cruelty which drags the woman to commit suicide is not sufficient .....
Tag this Judgment!Court : Gujarat
Decided on : Sep-19-2006
Reported in : (2007)IIILLJ122Guj
..... workman working in an industry or establishment in any circumstances meaning thereby, wages which are lesser than the minimum wages prescribed under the minimum wages act cannot be paid to the workman working in an establishment or industry in any circumstances. thereafter, the authority considered that the incentive wages are being ..... on 15th, petitioner co. is issuing pay slip in favour of each workman and, therefore, according to his submission, the authority under the minimum wages act, 1948 has committed gross error in partly allowing the application.14. except the submissions recorded herein above, and decisions referred to above, no other submission ..... wages authority has committed gross error in partly allowing the application filed by the government labour officer. according to him, the authority under the minimum wages act, 1948 ought to have dismissed the application filed by the government labour officer. he referred to number of decisions harping upon the issue that ultimately, .....
Tag this Judgment!Court : Gujarat
Decided on : Jan-27-2006
Reported in : (2006)1GLR816
..... to death whereas he was acquitted of the offence punishable under section 3(2)(v) of the scheduled castes and the scheduled tribes (prevention of atrocities) act, 1989 ('the atrocities act' for short).2. as criminal confirmation case and criminal appeal arise out of the judgment and order dated 16.5.2005 rendered in atrocity criminal case ..... no. 19, ahmedabad city.3.9 as the offence punishable under section 302 of the ipc as well as the offence under the provisions of the atrocities act are exclusively triable by a court of sessions, the learned metropolitan magistrate committed the case to the city sessions court, ahmedabad.3.10 the learned special judge ..... so complete as not to leave any reasonable ground for the conclusion consistent with the innocence of the accused and must show that in all human probability the act must have been done by the accused.22. keeping in forefront the clear principles elucidated by the supreme court with regard to the appreciation of circumstantial evidence .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-10-2006
Reported in : [2006(111)FLR164]
..... an employee under section 2(oo), namely, in the case of a `retrenchment' vis-a-vis the consequential benefits contained under section 25f of the industrial disputes act. therefore, when such extraordinary circumstances are brought out in the matter of employment and termination is resorted to by taking umbrage under section 2(oo)(bb) of ..... family circumstances and condition of establishment. he submitted that as per the decisions of apex court, periodical appointments are outside the scope of section 2(oo) of the act, means, it is not retrenchment. however, the facts in each case are different in comparison to the facts of the present case. recently, the division bench of ..... panchayat, has relied upon certain decisions in support of his submission that it was a periodical appointment covered by definition under section 2(oo)(bb) of the act and if the case falls under this definition, section 25f will not be applicable, because it does not amount to retrenchment and therefore, the labour court .....
Tag this Judgment!Court : Gujarat
Decided on : Jan-25-2006
Reported in : [2006]282ITR642(Guj)
..... inaccurate particulars of income. therefore, in this case expln. 1 to section 271(1)(c) is clearly applicable. i, therefore, levy penalty under section 271(1)(c) of the it act amounting to rs. 50,893 as calculated below:5. the assessee carried the matter in appeal before the cit(a) who upheld the penalty by observing:.therefore, rs. 61,000 ..... be confirmed by the tribunal. the matter rested at that stage insofar as quantum proceedings are concerned.4. the ao initiated penalty proceedings under section 271(1)(c) of the act and levied penalty by recording as under:9. after tribunal's order, a fresh notice under section 271(1)(c)/274 was served on the assessee on 15th july, ..... therefore, section 271(1)(c) does not apply to cash credits?3. the assessment year is 1981-82. the assessment came to be framed under section 144 of the act wherein one of the additions was in relation to cash credits amounting to rs. 71,000 (the tribunal has found that the correct amount should be 61,000). the assessee .....
Tag this Judgment!Court : Gujarat
Decided on : Aug-25-2006
Reported in : [2007]289ITR250(Guj); (2007)8VST120(Guj)
..... specify the additional income-tax in the intimation to be sent under sub-clause (i) of clause (a) of sub-section (1) of section 143 of the act. under the circumstances, neither the assessing officer, nor the commissioner, income tax (appeals), nor the income tax appellate tribunal, has committed any error in holding that the ..... , it is submitted that the tribunal has committed an error in holding that assessing officer was justified in initiating the proceedings under section 143(1)(a) of the act and/or section 143(1)(a) would be attracted. 4. mrs. mona bhatt, learned counsel appearing on behalf of the revenue, while supporting the order passed ..... be confirmed by the aforesaid order dated 21.7.1993. being aggrieved and dissatisfied with the order passed by the assessing officer recorded under section 154 of the act, the assessee preferred an appeal before the commissioner, income tax (appeals) against remaining two adjustments of rs. 6,10,803/- relating to expenses on presentation of .....
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