Court : Gujarat
Reported in : (1971)ILLJ173Guj
..... petitioner was asked to report for duty as usual. thereafter, the matter went to the labour court at ahmedabad under the provision of s. 33-c of the industrial disputes act, 1947. on these facts, miabhoy j. observed in para 4 of the judgment at page 156 of the report :- 'the word 'resignation' or the expression 'termination of service' does not ..... ' notice and left his post, it would surely have been a misconduct. similar conduct while on leave, must be equally a breach of the rule, more especially when a plaintiff acted in concert with others'. in this particular case, the matter was considered from the point of view of rule of service and it was taken for granted that the contract .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1971Guj181
..... on 25th august, 1949. item 31-b relating to evacuees was added to the concurrent list by the government of india act (third amendment) act of 1949 and thus this constitutional vaccum was filled up. thereafter on october 18, 1949, the governor general promulgated ordinance xxvii of 1949 called the administration ..... jurisdiction of the civil court to try this suit is concerned, the contention of shri mehta was that neither section 28 nor section 46 of the act would act as a bar to the jurisdiction of the civil court because here in this suit we are not concerned with any legality or illegality of the ..... azizun nisa v. asstt. custodian : air1957all561 . the grounds for challenge was that there was no entry in the lists in the seventh schedule of the constitution act, 1935 dealing with evacuee property and therefore it was not competent for the state legislature to make any enactment as regards the administration of evacuee property. thereafter .....
Tag this Judgment!Court : Gujarat
Reported in : (1970)11GLR729
..... the regulations made by u.p. warehousing corporation. the supreme court held that the regulations though made in exercise of statutory power under section 54 of the act did not create statutory obligation of a mandatory character and their infraction did not render the order of dismissal null and void. vaidialingam, j., speaking on ..... necessary to do so in proceedings before them, questions in relation to the existence or extent of these privileges whereas both the houses, while admitting that neither acting alone could create a new privilege, claimed to be the sole and exclusive judges of their own privileges. there seemed to be thus complete antinomy or contradiction ..... placed on his words'. it can hardly be disputed that the house of the legislature in india cannot claim this privilege. similarly the privilege to pass acts of attainder and impeachments cannot be claimed by the house of the legislature. the house of commons also claims the privilege in regard to its own constitution .....
Tag this Judgment!Court : Gujarat
Reported in : (1971)12GLR221
..... the state is compatible with its absolute freedom and (ii) that section 92 of the australian constitution is violated only when a legislative or executive act operates to restrict such trade, commerce and intercourse directly and immediately as distinct from creating some indirect or inconsequential impediment which may fairly be regarded ..... including bidi making) manufactory. this committee submitted its report and thereafter the gujarat government considered the report. the advisory board set up under the act was also consulted and thereafter revised minimum rates of wages as fixed by the earlier notifications of the government of bombay prior to the bifurcation of ..... have challenged the notification, dated may 7, 1965, issued by the government of gujarat, fixing minimum wages in the scheduled employment under the minimum wages act, viz., employment in any tobacco (including bidi making manufactory. the petitioners contend that for the various reasons which they have set out in the petition .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1971Guj241; (1971)0GLR884
..... by the plaintiff with the defendant as margin money is accountable by the defendant to the plaintiff cannot be granted under section 42 of the specific relief act as it affects only the pecuniary relationship between the parties to the contract. in the present case the plaintiff does not sue for the defendant's accountability ..... from enforcing a money claim in the manner sanctioned by law. secondly, equally efficacious remedy was available to the plaintiff under section 86 of the bombay district municipal act, 1901, viz., appeal to the magistrate against the notice of demand issued by the municipality. the plaintiff had not exhausted that remedy. thirdly, in the opinion ..... account is not maintainable, we see no reason why the plaintiff is not entitled to an injunction within the meaning of s. 54 of the specific relief act. in this case the state government made, according to the plaintiff, an unlawful order unilaterally and further by its unilateral action it is threatening the plaintiff with .....
Tag this Judgment!Court : Gujarat
Reported in : [1971]80ITR188(Guj)
..... could be said to constitute 'information' on which the income-tax officer could act for the purpose of initiating proceedings for reassessment against the petitioner under section 147(b). the petitioner is an assessee owning two immovable properties, one in ahmedabad and the other ..... p.n. bhagwati, c.j.1. this petition raises a short but interesting question of section 147(b) of the income-tax act, 1961. the question is whether a certain intimation received by the income-tax officer expressing the opinion of the audit department as to the correct interpretation of section 23(2) ..... make the rule absolute by issuing a writ of mandamus quashing and setting aside the notice dated 12th september 1969, issued by the income tax officer under section 148 of act. the respondent will pay the costs of the petition to the petitioner. 7. petition allowed. .....
Tag this Judgment!Court : Gujarat
Reported in : [1971]79ITR52(Guj)
..... according to section 35 of the act of 1922, the appellate assistant commissioner concerned is empowered to rectify any mistake which is apparent from 'the record of the appeal' decided by him. according to ..... by the concerned appellate assistant commissioner is totally without jurisdiction, as it falls outside the ambit of the provisions contained in section 35 of the income-tax act of 1922. in this connection, shri kaji, who appeared on behalf of the petitioner-assessee, raised two contentions as under : his first contention was that ..... in view of the above order of the tribunal, the appellate assistant commissioner undertook to rectify the proceedings contemplated by section 35 of the indian income-tax act of 1922. by these proceedings, the appellate assistant commissioner wanted to rectify the valuation of the opening stock for the assessment year 1960-61 in order .....
Tag this Judgment!Court : Gujarat
Reported in : [1972]83ITR783(Guj)
..... is directed against a notice dated 28th march, 1969, issued by the income-tax officer, circle ii, ward c. ahmedabad, against the petitioner under section 148 of the income-tax act, 1961, seeking to reopen the assessment of the petitioner for the assessment year 1960-61. in or about 1930, the petitioner purchased the entire areas forming the village of sahijpur ..... absolute by issuing a writ of mandamus quashing and setting aside the notice dated 28th march, 1969, issued by the income-tax officer under section 148 of the income-tax act, 1961. the respondent will pay the costs of the petition to the petitioner.
Tag this Judgment!Court : Gujarat
Reported in : [1972]85ITR414(Guj)
..... the learned advocate-general has drawn our attention has led to the formation of the belief which is contemplated by clause (a) of section 147 of the act. under these circumstances, we do not attach any importance to the note made by the appellate assistant commissioner, bangalore, with regard to the three facts to ..... /s. ishwarlal & co., jumma masjid road, bangalore.' the petitioner resisted the proposal in question but ultimately on 11th march, 1968, notices under section 148 of the act were addressed to the petitioner. 11. the petitioner now contends that the department has no cause for initiating any action of reassessment under section 147 of the indian income ..... , an appeal was preferred to the tribunal but even the tribunal rejected the prayer of the bangalore firm to obtain the registration under the indian income-tax act. while rejecting this prayer, the tribunal observed that the bangalore firm was not an independent firm and that it has continued as a branch of the petitioner .....
Tag this Judgment!Court : Gujarat
Reported in : [1971(22)FLR350]; (1971)ILLJ155Guj
..... , whether on ground of dishonesty, corruption or bad health would amount to dismissal and such dismissal clearly came within the provisions of s. 24(3) of the government of india act and that being so, the aforesaid rules of the railways, which provided for termination of service without the necessity of framing a charge-sheet or obtaining the explanation of a ..... railway servant likely to be affected by an order passed thereunder, were ultra vires the provisions of the said section of the government of india act as well as of article 311 of the constitution of india. the decision no doubt supports the submission made on behalf of the petitioner. we are, with respect, however, unable .....
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