Court : Gujarat
Decided on : Nov-13-1978
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
Decided on : Jul-10-1978
Reported in : (1979)1GLR134
..... in our opinion, section 95, (2)(b) governs the instant case. compulsory insurance of such a nature as contemplated by section 95 (2)(b) of the motor vehicles act, 1939 ought to have been taken out. by insuring the vehicle in question for a lesser amount under a clause inapplicable to the instant case, the insurance company cannot escape ..... and to insert the words 'with the insured person' would be to insert words of specific limitation beyond what can be inferred from the general tenor of the act or policy. if those words had been intended, the learned law lords further observed, they could and should have been expressed and that since they were not expressed ..... decision of the supreme court in pushpabai's case provided the case is governed by clause (c) of sub-section (2) of section 95 of the motor vehicles act, 1939. interpreting the relevant provisions of section 95, the supreme court has observed in that decision that the section does not require that a policy of insurance should .....
Tag this Judgment!Court : Gujarat
Decided on : Apr-25-1978
Reported in : (1978)19GLR1067
..... by the three persons on the basis of those proposals and suggestions was effective, meaningful and substantial consultation within the meaning of section 7 of the gujarat municipalities act, 1963. therefore, i find eo infirmity in the impugned delimitation order which the state government has made. to repeat, even if the municipality can be ..... had delegated its powers to the three persons to tender advice to the state government through the collector by entering into consultations with the latter. they acted upon the suggestions individually made by 36 municipal councillors out of 40 the remaining 4 having chosen not to make any suggestions. the proposals and the ..... persons whom the municipal council authorised to enter into consultations with the collector were not appointed as a committee within the meaning of section 55 of the act.7. mr. daru has further argued that, under the aforesaid circumstances, the only section under which three persons could have been appointed into a committee .....
Tag this Judgment!Court : Gujarat
Decided on : Dec-21-1978
Reported in : [1979]43STC516(Guj)
..... clarkson ([1900] 1 q.b. 156) that subsequent legislation may be looked at in order to see the proper construction to be put upon an earlier act where that earlier act is ambiguous. i quite agree that subsequent legislation if it proceeded on an erroneous construction of previous legislation cannot alter that previous legislation; but if there be ..... operate. in other words, the retrospective insertion of the condition precedent in clause (b) of section 15 would override the provision contained in the substantive sections in the act and the manner prescribed for the refund in the rules. in the opinion of the tribunal, section 44, as it stood at all the relevant times, merely ..... yarn from registered dealers, particularly when the sales made in the course of inter-state trade or commerce have not borne the tax under the central sales tax act, 1956 ?' 4. at the time of hearing of this reference, we have thought fit to reframe the question since the controversy involved between the parties and .....
Tag this Judgment!Court : Gujarat
Decided on : Dec-21-1978
Reported in : (1979)0GLR964
..... directors have uncontrolled and absolute discretion in regard to declaiming registration of transfer of shares, the court will consider if the reasons are legitimate if the directors have acted on a wrong principle or from corrupt motive. it the court found that the directors gave reasons which were legitimate, the court would not overable that decision ..... discretion implies just and proper consideration of the proposal in the facts and circumstances of the case. in the exercise of that discretion the directors will act for the paramount interest of the company and for the general interest of the shareholders because the directors are in a fiduciary position both towards the company ..... company. it is true that at one stage there was a proposal that this percentage of 25 should be reduced to 10. the report of the companies act amendment committee proposed that the percentage should be reduced from 25 to 10. however, the joint committee of parliament ruled otherwise and it observed : 'the .....
Tag this Judgment!Court : Gujarat
Decided on : Dec-20-1978
Reported in : (1979)1GLR666
..... purpose. it was in the context of these and several other provisions which pointed to the absorption of certain of the provisions of the land acquisition act into the 'local act' with vital modifications that privy council observed at p, 266:but their lordships think that there are other and perhaps more cogent objections to this ..... up by the supreme court in botany ors. ltd. v. state of orissa : [1975]2scr138 this method of drafting which adopts incorporation by reference to another act whatever may have been its historical justification in england, in this country does not exhibit an atavistic draftsmanship which would have adopted the method of providing its own definition ..... , of the state of gujarat, to treat the resolution and circular dated july 19, 1969 and march 1, 1960 as illegal and void and restraining them from acting on them and to fix seniority of the petitioners, who were direct recruits, as per roaster method in the ratio of 3:1 between direct recruits and promotees .....
Tag this Judgment!Court : Gujarat
Decided on : Dec-18-1978
Reported in : [1982]50STC366(Guj)
..... the circumstances, therefore, we decline to answer the question and leave it to the tribunal to adjust its judgment accordingly under section 69(4) of the gujarat sales tax act, 1969, after applying the test in view of the evidence that may be placed by the rival parties. 5. the result is that we decline to answer the ..... 19 were not items of consumable stores, and therefore, the applicant was liable to pay purchase tax under section 16 of the gujarat sales tax act, 1969, on the purchases of timber sizes made against declarations in form 19 ?' 2. the reference has been made in the following facts and circumstances : the applicant ..... assessee, the gujarat sales tax tribunal has made this reference and the following question has been referred to us for our opinion under section 69 of the gujarat sales tax act, 1969 : 'whether, on the facts and in the circumstances of the case, the tribunal was right in holding that timber sizes purchased by the applicant against form .....
Tag this Judgment!Court : Gujarat
Decided on : Dec-15-1978
Reported in : [1979]43STC208(Guj)
..... to sales or purchases of artificial silk fabrics is granted because those fabrics are to bear additional excise duty under the additional duties of excise (goods of special importance) act, 1957, which came into force on 24th december, 1957, and that since the additional duty of excise can be levied only on the goods manufactured in india, ..... regard to the different subject, context, object and purpose of the two legislations, the requirement of manufacture of goods in india which might be relevant for the excise act is not material for the purposes of sales tax law. even from that point of view, therefore, it would be inappropriate to read the qualifying words along with ..... that the basic approach of the tribunal is correct, namely, that since the words 'artificial silk fabrics' have been defined in entry 40 of schedule i of the act, the same meaning must be given to those words when they occur in entry 67 of the schedule to the government notification and that, therefore, if the definition .....
Tag this Judgment!Court : Gujarat
Decided on : Dec-15-1978
Reported in : [1982]49STC322(Guj)
..... subject to such conditions as may be specified. rules have accordingly been enacted and those rules are an integral part of the taxation structure under the act. in construing those rules, therefore, that construction must be preferred which carries out the aforesaid objects which the legislature has in view. the construction suggested ..... interest', to exempt any specified class of sales or purchases from payment of the whole or any part of any tax payable under the provisions of the act, by notification in the official gazette, subject to such conditions as it might impose. even those safeguards were, however, not considered sufficient because the ..... , (b) solvent extraction plant and (c) vegetable plant. the assessee is a registered dealer and also a recognised dealer under the relevant provisions of the act. the assessee manufactures, amongst other things, vegetable products. the vegetable products manufactured by the assessee are partly sold within the state for local consumption or in .....
Tag this Judgment!Court : Gujarat
Decided on : Dec-14-1978
Reported in : [1979(39)FLR153]; (1979)GLR335; (1979)IILLJ57Guj
..... very point. in paragraph 23 at page 198, chandrasekhara menon, j. sitting singly, observed : 'the scope of adjudication by a tribunal under the industrial disputes act is much wider than determination of the legal rights of the parties involved of redressing the grievances of an aggrieved workman in accordance with law. as gajendragadkar, j ..... s lifetime. the principle of representation is based upon the relationship of principal and agent. where the principal is dead, the authority of the agent to act for him automatically ceases. therefore, it must follow that the petitioner-union was not competent to represent the case of shri abhiram jha before the tribunal after ..... is whether, when a workman whose dispute before the industrial tribunal is pending dies, especially when the reference is under s. 2a of the industrial disputes act, the reference before the tribunal can be continued on behalf of the estate of the deceased workman by the heirs and legal representatives of the deceased workman .....
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