Court : Gujarat
Reported in : (1992)2GLR871; (1995)IIILLJ540Guj
..... tribal development department, in exercise of powers conferred on it by clause (b) of sub-section (1) of section 3 read with sub-section (2) of section 5 and clause (i) of sub-section (1) of section 4 of the minimum wages act, 1948, fixing minimum rates of wages in respect of employees employed in the scheduled employment known 'as employment in any pulp and paper or board manufactory' with effect from 15th july, 1979.2. ..... the dominion parliament has enacted the act called as 'minimum wages act', 1948 (hereinafter referred to as the act) to ..... it may be noted here that a public authority, in order to inspire confidence in its functioning for the public interest and to satisfy the public accountability, which it owes, must act fairly and reasonably and if on the score of pubic interest, a higher tender is accepted in preference to a lower tender, it should not only record reasons for such decision, ..... in exercise of powers conferred by clause (a) of sub-section (1) of section 5 of the minimum wages act, 1948, the government of gujarat by its resolution, labour, social welfare and tribal development department dated 22nd march, 1977 appointed a committee to hold inquiry and to advise the government in ..... to the employee on account of his death or on account of his whereabout is not being known, shall be deposited with the prescribed authority under the provisions of the minimum wages act, 1948 who shall deal with the money so deposited with him in the manner prescribed under the act. .....
Tag this Judgment!Court : Gujarat
Reported in : [2002]255ITR365(Guj)
..... , mentioned hereafter having merged in the province of bombay with the consent of the dominion of india ; whereas, under the bombay (enlargement of area and alteration of boundaries) order, 1948, issued by the governor general in the ministry of law on the 4th day of june, 1948, under section 290 of the government of india act, 1935, the governor of bombay has been authorised to make an order by a notification in the official gazette providing for the administration of the areas mentioned ..... vora fiddali badruddin mithibarwala : [1964]6scr461 , was relied upon for the proposition that the integration of indian states with the dominion of india was an act of state, and that it was open to the new sovereign not to recognise any grant created on the eve of the merger by ..... had vested in the state or had continued to remain with karansinhji after the merger of the rajpipla state along with the estate on june 10, 1948, was directly and substantially in issue and it was held that, by recognising the status of ramsinhji, the government had done purely an act of bounty and no other person could claim title, because, 'the root of title of this family after the death of karansinhji was only ..... (at annexure l in the paper-book), there remained no property with karansinhji, who at the time of his death on april 17,1957, was not competent to dispose of any of the properties which were taken over by the act of state on june 10, 1948, and had vested in the dominion of india under the merger agreement. .....
Tag this Judgment!Court : Gujarat
Reported in : (1979)1GLR732
..... provisions of the 1947 act, the maharao of kutch executed an instrument of accession on 4th may, 1948 ceding to the dominion of india and followed it up by an agreement called 'the kutch merger agreement' executed on 1st june, 1948, whereunder he conceded to the dominion government full and exclusive authority, jurisdiction and power for and in relation to his state and agreed to transfer the administration of the state to the dominion government. ..... other provision is made by law enacted by the constituent assembly, it was provided that the dominion shall be governed, as nearly as may be, in accordance with the 1935 act.11. ..... or chief commissioner's province:(1) where fall and exclusive authority, jurisdiction and powers for and in relation to the governance of any indian state or of any group of such states are for the time being exercisable by the dominion government, the governor-general may by order direct:(a) that the state or the group of states shall be administered in all respects as if the state or the group of states were a chief commissioner's province; or(b) that ..... 294(2) provides that as from the commencement of the constitution, all properties and assets which immediately before such commencement were vested in his majesty for the purpose of the government of the dominion of india and all property and assets which immediately before such commencement were vested in his majesty for the purpose of the government of each governor's provinces shall vest respectively in the .....
Tag this Judgment!Court : Gujarat
Reported in : 1953CriLJ665
..... which was signed by the raj pramukh of saurashtra on 22.5.1948, reads as under:i accept all matters enumerated in list i and list iii of the seventh schedule to the act (government of india act, 1935) as matters in respect of which the dominion legislature may make laws for the united state;provided that nothing contained in the said lists or in any other provision of the act shall be deemed to empower the dominion legislature to impose any tax or duty in the territories of the united state ..... the instrument of accession was accepted by the governor-general of india on 13th september 1948 and under section 6, government of india act, 1935, the united state of madhya bharat should be deemed to have acceded to the dominion of india on this date. ..... 17 of 1948 should be deemed to be an act of the dominion i legislature. ..... and states:but the power of making ordinances under this section is subject to the like restrictions as the power of the dominion legislature under this act to make laws; and any ordinance made under this section may be controlled or superseded by any such act.this portion of the section read with clause (2) of section 6 of the act leaves little doubt that the extent of the legislative power of the governor general is subject to the same restrictions which .....
Tag this Judgment!Court : Gujarat
Reported in : (1964)10GLR1002; [1965]55ITR580(Guj)
..... -tax officer remarked as follows : 'besides, the income from the sale of forest and forest produce of spontaneous growth worked out above is clearly not agricultural income within the meaning of section 2(1) of the income-tax act as the lands from which the said income is derived were not only not assessed to the land revenue in the taxable territories and not subjected to a local rate assessed and collected by the officer of the ..... the assessee is the present ruler of the former state of bansda which merged in the dominion of india in 1948 and which was attached to the former state of bombay. ..... by the assessee with reference to the lands in question constitute agriculture operations, making the sale proceeds agricultural income as defined by section 2(1) and being exempt form income-tax under section 4(3) (viii) of the income-tax act of 1922.' 2. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1965Guj243
..... , the income-tax officer remarked as follows:'besides, the income from sale of forest and forest produce of spontaneous growth worked out above is clearly not agricultural income within the meaning of s.2 (1) of the income-tax act as the lands from which the said income is derived were not only not assessed to the land revenue in the taxable territories and not subjected to a local rate assessed and collected by the officer of the ..... (2) the assessee is the present ruler of the former state of bansda which merged in the dominion of india in 1948 and which was attached to the former state of bombay. ..... 2(1) and being exempt from income-tax under s.4(3)(viii) 0f the income-tax act of 1922. .....
Tag this Judgment!Court : Gujarat
Reported in : (1962)3GLR479
..... they contended that by reason of clause 5 of the letters of guarantee which had been obtained by the rulers of the erstwhile state from the dominion government the slate legislature had no power to enact the aforesaid act so as to deprive the petitioners of their jagirs the ownership whereof had been guaranteed under clause 5 of the letters of guarantee. ..... the petitioner has thereupon come before us praying that the expenditure-tax act of 1957 in so far as it subjected to tax the privy purse of the petitioner be declared ultra vires the covenant and/or ordinance 1 of 1948 promulgated by the raj pramukh and/or articles 291 and 295 of the constitution of india and that the expenditure-tax officer and the union of india who are respondents to the present petition may be ordered by a ..... by clause 5 the government of the dominion of india had given a guarantee in connection with the enjoyment of the ownership inter alia of jagirs existing on the 1st april 1948. ..... . even if ordinance i of 1948 had sought to give effect to the provisions of article 10 of the covenant and article 10 had formed the subject matter of such ordinance it would have been open to the legislature of that very state to undo that which had previously been done by an ordinance and it would have been subsequently open to the parliament of india to undo that which had been done by such ordinance and enact the expenditure tax act 1957in .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1963Guj98; (1962)GLR479
..... agreement entered into by the ruler of any indian state before the commencement of this constitution, the payment of any sums, free of tax has been guaranteed or assured by the government of the dominion of india to any ruler of such state as privy purse -- (a) such sums shall be charged on and paid out of the consolidated fund of india; and(b) the sums so paid ..... agreement, covenant, engagement, sanad or other similar instrument which was entered into or executed before the commencement of this constitution by any ruler of an indian state and to which the government of the dominion of india or any of its predecessor governments was a party and which has or has been continued in operation after such commencement, or in any dispute in respect of any right accruing under or ..... entered into by the ruler of any indian state before the commencement of this constitution, the payment of any sums, free of tax, has been guaranteed or assured by the government of the dominion of india to any ruler of such state as privy purse-- (a) such sums snail be charged on, and paid out of, the consolidated fund of india; and(b) the sums so paid to ..... the petitioner has thereupon come before us, praying that the expenditure-tax act of 1957, in so far as it subjected to tax the privy purse of the petitioner, be declared ultra vires the covenant and/or ordinance i of 1948 promulgated by the raj pramukh and/or articles 291 and 295 of the constitution of india, and that the expenditure-tax officer and the .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1964Guj59; (1963)GLR1033
..... sorabji, however, relied upon the decision in : air1956bom1 , where the high court of bombay held the rules made under the bombay lotteries and prize competition control and tax act liv f 1948, invalid, on the ground of being violative of article 304 and also on the ground that they had neither obtained the legislative nor the presidential fiat.this decision, however, has ..... sale of these articles in the state of gujarat, but as these articles are commodities liable to central excise duty, there existed supervision on their manufacture under the relevant provisions of the central excise act and the rules made thereunder whenever barrels of french polish and varnish are taken, after their manufacture, outside the gates of the manufactory, the manufacturer has to pay central excise duty and a ..... a direct restriction on the freedom of trade, andsince in doing so it had not complied with the provisionsof article 304(b) nor had it been validated by the assentof the president under article 250(c) the act wasvoid: dealing with the concept of freedom of trade contained in article 301, the supreme court observed that the article was not a mere declaration of a platitude oran expression of a pious hope of a ..... act regarded from one aspect be iinfra vires of the provincial legislature and regarded from another aspect, might also be intra vires of the dominion parliament in other words, what is properly to be called a subject-matter of an act might depend upon what is the true aspect of the act .....
Tag this Judgment!Court : Gujarat
Reported in : 1969CriLJ810; (1969)GLR611
..... the circumstances, and the court could only say that the act was done with the knowledge that it is likely be cause death, but without any intention to cause such bodily injury as is likely to cause death, that offence will be punishable under the ..... this decision and bearing in mind that our legislature :j has used two different terminologies 'intent' and 'knowledge' and separate punishments are provided for an act committed with an intent to cause bodily injury which is likely to cause death and for an act committed with a knowledge that his act is likely to cause death without intent to cause such bodily injury as is likely to cause death it would be proper to hold that 'intent' and ..... it means that if from the corium stances of the case, it could be said with a reasonable certainty that the offender did that act with an intention to cause such bodily injury as is likely to cause death, then that act of his will be punishable under the first part, of section 304 of the indian penal code, but it the court, cannot with a reasonable certainty arrive at that conclusion from ..... by the appellant on the head of the deceased by only one blow given is the manner alleged by the prosecution it could as well be that the act by which death was caused was not done with the intention of causing death or of causing such bodily injury as is likely to cause death. .....
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