Court : Gujarat
Decided on : Oct-29-2007
Reported in : (2008)1GLR124
..... . 17. therefore, according to my opinion, the sufficient care which is to be taken by labour court, gandhidham in respect to the new act, amended act and new provisions not taken by labour court, he should have to be little careful before dealing with such contentions and he has authorised that he ..... and the assistant director, industrial safety and health, adipur and boiler inspector, rajkot to discharge all the duties and functions related to their respective acts insofar as they relate to labour and industrial operation of kandla special economic zone and all statutory implementations and reports etc. on this matter shall lay ..... the development commissioner, kandla special economic zone, gandhidham hereby authorised the assistant commissioner of labour to discharge all the duties and functions related to the respective acts. so, interpretation which has been made by learned advocate mrs. pahwa is not applicable, but, relevant is that development commissioner has authorised to assistant .....
Tag this Judgment!Court : Gujarat
Decided on : Sep-24-2007
Reported in : (2008)1GLR273
..... the country.2.2 the first respondent-gujarat urja vikas nigam ltd. (gujarat energy development corporation ltd.) (hereinafter referred to as 'the corporation') is a company incorporated under the companies act, 1956 and is a successor to the erstwhile gujarat electricity board which is now divided into several companies for generation, transmission and distribution of electricity. the first respondent is a .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-02-2007
Reported in : (2007)3GLR2597
..... detail convincing reasons. when the court otherwise is competent to reduce punishment than the minimum prescribed, then whether this is a case where the court should act in reformative manner and exercise powers vested with the court under the provisions of section 360 of the code of criminal procedure, is the question.15. ..... the apex court has decided to modify the sentence. the court was dealing with a case of selling food articles without licence under prevention of food adulteration act. the allegation against the accused was that he was found selling articles of food without licence. alongwith other aspects the apex court considered the point of ..... reducing the substantive punishment imposed by the trial court, this court should think whether the appellant-accused can be given the benefit of probation of offenders act under the provisions of section 360 and 361 of the code of criminal procedure, because though minimum punishment is prescribed for the offence held proved against the .....
Tag this Judgment!Court : Gujarat
Decided on : Jun-21-2007
Reported in : 2007CriLJ3958; (2007)3GLR2508
..... trial of three offences under section 234 should prevent the prosecution from establishing at the same trial the minor or alternative degrees of criminality involved in the acts complained of. for these reasons, we think that the exceptions are not necessarily exclusive, and that sections 235(2) and 236 may be resorted to ..... specified punishment. in the instant petition, four cheques were dishonoured, giving rise to four alleged offences. since section 219 deals with 'offence' and not with 'acts' or 'transactions', the only conclusion that is possible is that dishonour of four cheques constitutes four distinct offences. the fact that two complaints have been filed in ..... scheme envisaged under section 219 of the code and, therefore, the provisions of section 219 of the code cannot be applied to trials under the negotiable instruments act.12. ms. archana acharya, learned counsel for the original complainant in special criminal application nos. 1716 to 1718 of 2005, has adopted the arguments of .....
Tag this Judgment!Court : Gujarat
Decided on : Feb-22-2007
Reported in : (2007)2GLR2204
..... mehsana district co-operative milk producers union limited (the union) is a specified society as defined under section 74c of the gujarat co-operative societies act, 1961 (the act). the petitioner was one of the directors elected along with others to the board of directors (the board) on 05.03.2005. at the ..... multi-state society, the applicant believes that no proceedings could have been instituted against the applicant-opponent herein under the provisions of the gujarat cooperative societies act, 1961 and, therefore, the applicant submits that the application raising the preliminary point as to the jurisdiction and the authority to institute proceedings for ..... milk producers' union limited (hereinafter referred to as 'the union') has been granted registration by the central registrar under the multi-state co-operative societies act or not. however, the submission was made since the society is a multi-state cooperative society having operational activities from within the state of gujarat .....
Tag this Judgment!Court : Gujarat
Decided on : Aug-16-2007
Reported in : AIR2007Guj203; (2008)2GLR1559
..... take into consideration the representation made by a third party under section 11.section 8. exemption from disclosure of information.- (1) notwithstanding anything contained in this act, there shall be no obligation to give any citizen,-(a) to (c) ...(d) information including commercial confidence, trade secrets or intellectual property, the disclosure ..... . respondent no. 1 gujarat state information commission is hereby restrained from proceeding further with application preferred by the original applicant under section 18 of the act, 2005 being complaint no. 541/06-07. respondent nos. 1 to 6 in special civil application no. 17067 of 2007 are hereby directed not ..... aforesaid paras of this judgment nor any such applications shall be proceeded further by respondent nos. 1 to 6, except after following provisions of the act, 2005 and interpretation thereof made hereinabove, in this judgment. rule made absolute in both the petitions.19. learned counsel for the original applicant-rasiklal .....
Tag this Judgment!Court : Gujarat
Decided on : Oct-18-2007
Reported in : (2008)1GLR736
..... its decision dated 6/3/1993. the management of geb and its unions entered into a settlement under provisions of section 2(p) of the i.d. act on various aspects which include admissible pay, new allowance like food allowance etc. it also discussed that there was no settlement in respect of medical reimbursement scheme and ..... arbitration proceeding stricto senso. the then finance minister's recommendations had a salutary effect in arriving at the settlement under section 2(p) of the industrial disputes act. the settlement as it is stated herein above was executed on 5/4/1993. the settlement was in respect of various demands, the demand for receiving higher ..... through their unions and the management of the then gujarat electricity board which is now been represented by its successors under section 2(p) of the industrial disputes act, 1947.2. as both these petitions involve identical challenge and the respondents are the same, these matters were heard together and are being disposed of by this .....
Tag this Judgment!Court : Gujarat
Decided on : Sep-03-2007
Reported in : AIR2008Guj20; (2008)1GLR158
..... himself that there are reasonable grounds for believing that a question has arisen as to whether such councillor or member has become subject to dis-qualification under the act.(4) every petition.(a) shall contain a concise statement of the material facts on which the petitioner relies; and(b) shall be accompanied by copies ..... at a later stage. he has further submitted that the petition involves several disputed questions of fact and when there is alternative efficacious remedy available under the act, there is no need to entertain this petition. he has further submitted that if there is substantial compliance of the provisions, the petition is maintainable. he ..... said petition that present petitioner no. 1 himself intended to contest the presidential post and three other petitioners intended to sup port him and, therefore, they acted against the mandate of the party. ultimately in the meeting of 2-7 2007 when the proposal for electing shri narsinhbhai vastabhai dabhi as the president was .....
Tag this Judgment!Court : Gujarat
Decided on : Nov-30-2007
Reported in : [2008]142CompCas626(Guj); 2008GLH(1)70
..... that the accused persons have wilfully and deliberately neglected to file the statement of affairs with him and thereby they have committed default under section 454(5) of the companies act, 1956. all the accused persons are, therefore, required to be prosecuted.3. this court has issued process on september 6, 2000. vide order dated january 20, ..... director. she has not attended to a single board meeting after her resignation and, therefore, even by virtue of provision of section 283(1)(g) of the companies act, 1956, she was deemed to have vacated her office of directorship. she has further stated that the statement of affairs was already filed and hence, the criminal ..... position that two of the directors at the relevant date have already filed statement of affairs as required under sub-section (1) of section 454 of the companies act, 1956 and hence, other directors have been deemed to have been relieved from the obligation to file the statement of affairs. if any queries in respect of the .....
Tag this Judgment!Court : Gujarat
Decided on : Jul-06-2007
Reported in : [2007(115)FLR600]; (2008)IILLJ175Guj
..... resolving the dispute/issues involved in the present appeal had also taken place.20. during the pendency of the present appeal, the government of gujarat amended the act whereby in section 2, after sub-section (5), the following has been added, namely:(6) the state government may, by notification in the official gazette, ..... etc. he has further submitted that the electricity mazdoor sabha - opponent no. 2 which was a representative approved union under the provisions of bir act, had raised an industrial dispute on behalf of the contractor's workers and the said union is still enjoying the status of representative and approved union. opponent ..... objections against the maintainability of the present application. he has submitted that the applicant union is not a representative and approved union under the provisions of bir act. as such, the applicant union has no locus standi to appear in the present proceedings and make any submission on behalf of the concerned workmen workers .....
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