Court : Gujarat
Decided on : Dec-11-1980
Reported in : (1981)22GLR1143
..... government servant as his constitutional right to have bearing at the stage of imposition of penalty. notwithstanding with the dispensation with this second opportunity if an act of a legislature enjoins the disciplinary authority to give an opportunity to a police officer before any major penalty is imposed against him of snowing cause ..... the impugned order being an executive action of the government, it cannot be successfully claimed by the state that the 'limitations prescribed if any in the bombay police act, 1951 or the bombay police {punishment and appeal) rules, 1956 circumscribing this 'power which is enabling in its nature can be overlooked. though the obligation to ..... the impugned orders are had in law and void inasmuch as they are in clear violation of the mandatory provisions of section 26 of the bombay police act, 1951 inasmuch as no opportunity has been given to the respective petitioner before the proposed penalty is inflicted and without recording any reasons in that behalf.( .....
Tag this Judgment!Court : Gujarat
Decided on : Dec-12-1980
Reported in : (1981)22GLR689
..... , could be said to be insolvant and could be adjudicated insolvant for acts of insolvency committed by major partners. subba rao, j. (as he then was) speaking for the supreme court observed that since the partnership firm was no ..... chandrakant neelkant sajalge and ors. : [1964]8scr233 . in that case the supreme court was not directly concerned with the interpretation of section 69(2) of the act and the question which was before the supreme court was whether a minor who was admitted to the benefits of partnership and who attained majority after the partnership was dissolved ..... fulfilled, the third party would not have adequate protection as it could not check up whether they were partners of the registered firm when such persons purport to act as partners in the firm while dealing with the third party.6. it may be pointed out that against this decision of the division bench, an appeal .....
Tag this Judgment!Court : Gujarat
Decided on : Dec-17-1980
Reported in : (1981)22GLR596
..... the government, local authorities and other corporate bodies. to the extent to which section 27 exempts certain institutional debts from the operation of the impugned act introduces, in the opinion of mr. mankad, an element of hostile discrimination between non-institutional creditors and institutional creditors. the argument which mr. ..... social orderliness is not secured. the supreme court has, therefore, held that for the purpose of article 301 restrictions placed by the maharashtra debt relief act, 1975, are reasonable. the standards of reasonableness for the purpose of article 301 are not different from the standards of reasonableness under articles 19(1 ..... court in krishna murthy and ors. v. govt of andhra pradesh : air1979ap85 . in that case, the constitutionality of andhra pradesh agricultural indebtedness (relief) act, 1977, was challenged. it appears from that decision that the legislative competence of the andhra pradesh state legislature to enact that law was challenged under .....
Tag this Judgment!Court : Gujarat
Decided on : Dec-19-1980
Reported in : 1982CriLJ754; (1981)GLR404
..... step which the food inspector was required to take under the said rules by positive evidence and no presumption that he had regularly and properly performed the act or acts which he was required to perform under the said rules could be raised. it was submitted that the provisions of the said rules being mandatory were ..... .'11. the principle which emerges from the aforesaid decision of the supreme court is that notwithstanding the mandatory nature of the provisions under which an official or judicial act is done or performed, presumption under section 114 illustration (e) can be raised. in kassim kunju ((1976) 2 fac 68)(supra, the supreme court approved ..... by the rules, the petitioner was, therefore, prosecuted for offence punishable under section 16(1)(a)(i) read with section 7 of the prevention of food adulteration act in the court of metropolitan magistrate 8th court, ahmedabad.3. during trial on application made by the petitioner, the learned magistrate sent one of the two remaining .....
Tag this Judgment!Court : Gujarat
Decided on : Dec-30-1980
Reported in : (1981)22GLR674
..... conclusion in inescapable that all the heirs on original deceased tenant would be entitled to succeed to that estate or interest which is protected by the rent act till the rural relationship of landlord and tenant is snapped by an order or decree of eviction made under the relevant provisions governing the question of eviction. ..... representatives of the tenant, claimed a statutory right conferred upon the persons following within section 5(11)(c) of the bombay rents, hotels and lodging house rates control act, 1947. but apart from this right, even if it was vested in the present petitioners (i.e. petitioners before the court) the plaintiff (landlord) wanted possession ..... or before such settlement, and unless there has been a consequent failure of justice. under sub-section (2) of section 21, which inserted by the amendment act, 1976, no objection as to the competence of a court with reference to the pecuniary limits of its jurisdiction shall be allowed by any appellate or revisional court .....
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