Court : Gujarat
Reported in : AIR1979Guj149; (1979)0GLR268
..... prescribed for the application, and the consensus of judicial opinion on this point had been noticed by the privy council in hansraj gupta v. official liquidators, dehra dun mussorie electric tramway co. ltd. 60 . an attempt was no doubt made in the case (sha mulchand i v. jawahar mills) of : [1953 ..... 10)to,the court of civil judge sr./ jr. division .........under clause (i) of sub-section (3) of s. 38 of the bombay agricultural debtors' relief act, 1947,i ..... son of ........................................resident of :taluka, ..................hereby apply for execution of award no. -............ dated ................ passed by the court as the debtor ..............has made ..... decision of the supreme court in athani municipality v. labour court, hubli : (1969)iillj651sc and following that decision, held that even under the limitation act of 1963, the residuary article 137 would apply only to applications made under the code of civil procedure, 1908. the decision of -the supreme court in .....
Tag this Judgment!Court : Gujarat
Reported in : (1981)22GLR712
..... unless, therefore, the matter is such as can answer to the qualification of being a definite matter of public importance, the question of setting up a commission under the act does not arise. ... ... ... ... ... despite the fact that the findings of a commission of inquiry cannot be enforced proprio vigore, those findings carry great weight ..... alleging not merely that there was a failure to exercise jurisdiction or (here was an excess in exercising jurisdiction but that the quasi judicial tribunal has acted in violation of the principles of natural justice or in violation of the statutory rules governing it and it has caused harm to the petitioner by ..... therefore, the contentions of the petitioners be well founded, as to which we say nothing at present, a declaration as to the invalidity of the impugned act together with the consequential relief by way of junction restraining the respondents and in particular respondents 2 to 17 from asserting any rights under the enactment so declared .....
Tag this Judgment!Court : Gujarat
Reported in : [1994]209ITR993(Guj)
..... be for the carrying on of the business and the assessee shall incur it in his capacity as a person carrying on the business.' 20. similarly, in the case of dehra dun tea co. ltd. cit : [1973]88itr197(sc) , the court dealt with payment of tax by the assessee-company on the tea garden lands under the u. p. ..... fact that a claim will not fall under any of the section 30 to 36 will not automatically make the claim unsustainable under section 37(1) of the act of the act as well. the court held that the aforesaid words in section 37 do not preclude certain species of liabilities but only exclude consideration of liabilities which would fall ..... also allowed the claim of the assessee for municipal tax under section 30(b) and the claim regarding depreciation on the said premises under section 32 of the income-tax act. 4. against the at order the department filed various appeals before the income-tax appellate tribunal, ahmedabad, for different assessment years. before the tribunal, it was, inter alia .....
Tag this Judgment!Court : Gujarat
Reported in : (1996)2GLR580
..... to any other statutory functionaries which unquestionably amounts to interfering with the court proceedings consequentially making them liable to the contempt proceedings under the contempt of courts act, and accordingly, henceforth could be seriously viewed and liable for appropriate action by the court. this in turn in a way will also help, assist ..... state executive or the judiciary as found in the instant case liable to stern legal action including that of the contempt proceedings under the contempt of courts act. incidentally, in overall public interests, when any accused, anti-social or for that purpose on his behalf any of his friends, family members or relatives ..... representative in good faith.6. we giving benefit of doubt take it that it was perhaps an immature misadventure, not knowing the hard consequences of their act that the concerned m.l.a. and the chairman, standing committee, issued the certificates as above, and we accordingly condone the same more particularly because .....
Tag this Judgment!Court : Gujarat
Reported in : (2000)4GLR596
..... the gazette of india, part iii section 4 dated ..th february, 1979) oil 7 natural gas commission dehra dun the 6th february, 1979. no.17(11)/78 reg.- in exercise of the powers conferred by section 32 of the oil & natural gas commission act,1959 (43 of 1959), the oil and natural gas commission, with the previous approval of the central ..... 6.2.1979 and the office memorandum dated 6.4.1981 to retire at the age of sixty years and, therefore, the respondent commission has committed illegality and has acted in arbitrary and capricious manner in retiring the petitioner at the age of fifty eight years on 30.9.1989 and the said action of the respondent commission in ..... action of the respondents in striking off the name of the petitioner from the muster rolls of the commission is violative of section 25g of the industrial disputes act, 1947 ('the id act' for short) in as much as the persons junior to the petitioner are retained in service whereas the services of the petitioner is being sought to be .....
Tag this Judgment!Court : Gujarat
Reported in : (2002)4GLR3005
..... without examining the correctness of such opinion, on hearing the concerned parties. however, normally, such opinion being one tendered by the board consisting of experts acting judicially will have a greater weight in deciding the question as to proceeding with the winding up of the sick industrial company. such opinion of the board ..... decide as to whether it should proceed and cause to proceed with the winding up of sick industrial company, in accordance with the provisions of the companies act. here, the transferor company has completely arranged the amalgamation scheme duly approved and this court should not have any hesitation in accepting the scheme. when the ..... dairy limited with dairy den limited along with the compromise with the creditors of anmol dairy limited under section 391 read with section 394 of the companies act, 1956. 4. anmol dairy limited, the transferor company was engaged in the business of manufacturing and processing of milk and milk products. the company could .....
Tag this Judgment!Court : Gujarat
Reported in : 2003(85)ECC136; (2002)2GLR1762
..... appellant would keep muddamal opium at his house. on the contrary, the possibility of falsely involving the appellant in the serious offence under n.d.p.s. act by his rival cannot be ruled out. from the record, it appears that 29 leading persons of prantij town by their representation addressed dated 17-10-1997 to ..... remaining consistent with his examination in chief. reading the evidence of the complainant, it is clear that he has followed the procedure under the provisions of the act by entering the information given by the informant in the register maintained by the department. he also informed his superior officer about the said information. it is ..... of making arrangement for calling panchas. police constable natubhai called one hareshbhai barot p.w. 1 exh. 12 and samirbhai chauhan p.w. 2 exh. 19 to act as panchas.a preliminary panchnama was prepared, and thereafter, the raiding party entered prantij town and reached the house of the appellant. they introduced themselves to the appellant .....
Tag this Judgment!Court : Gujarat
Reported in : (2003)4GLR554
..... the employees working in the departments connected with that service irrespective whether it may be financial, administrative or executive, would be entitled to benefits of the act. no doubt, if the nature of functional is sovereign functions in the sense the functions which are primary and inalienable functions of the state, they ..... perusal of the whole written statement, the petitioner has nowhere contended that the irrigation department is not an industry and, therefore, provisions of the industrial disputes act, 1947 are not applicable. thus, in its written statements, save and except the denial of factual aspects and bar of limitation in raising disputes, no ..... delay has been occurred in raising the industrial dispute has been condoned and the conciliation proceedings have been initiated under the provisions of the i.d.act,1947. before the labour court, separate statement of claim were filed by the respondent workmen in each reference having similar facts. thereafter, references were .....
Tag this Judgment!Court : Gujarat
Reported in : 2004CriLJ2992; (2004)3GLR2726
..... in such eventuality, the fsl shall inform the court about vanishing of crime exhibit, (totally used) during process. it is clarified that merely because no specific act having been enacted by the legislature in our country, the investigating agency can resort to call upon the suspect/accused to undergo dna analysis/test. it may be ..... a commission on dna forensic science published by national academy press, washington d.c.1996 and has pointed out that in our country without an act like 'dna identification act 1994' or any other law establishing a formal frame work for setting national standard of quality assurances and proficiency testing, the accused should be permitted ..... under section 376,342,338,234,323 read with section 114 of the indian penal code and sections 66(1)(b) and section 85 of the bombay prohibition act.6. it is prayed by both the petitioners that the order under challenge, granting both the applications preferred by the investigating officer, assistant commissioner of police, .....
Tag this Judgment!Court : Gujarat
Reported in : III(2005)ACC301; 2005ACJ1816; (2005)2GLR1476
..... of a plaint'. that was laid down by the privy council in hans raj gupta v. dehra dun mussoorie electric tramway co. ltd. . a proceeding for compensation made under the workmen's compensation act or under the motor vehicles act cannot be confused with a suit. that ingredient of section 3(5) has apparently not been ..... it was pending. learned counsel for the claimants submits that the workmen's compensation commissioner was approached on 20.7.1988 for payment of compensation under the act. therefore, a contract, which is unconscionable, defeats the provisions of law is neither enforceable nor creates bar against statute and statutory right. claimants right to ..... entertain the petition after the claim has been decided by the workmen's compensation commissioner, therefore, the appeal is maintainable.relevant provisions of the wc act, 1923 and the mv act, 1939 which have been referred to and relied upon by the learned advocates while making their submissions are reproduced as under:'3(5) nothing .....
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