Court : Gujarat
Reported in : (1994)2GLR1294
..... while appearing for the appellant, original plaintiff, has raised the following contentions:(1) that the appellant, original plaintiff was acquitted from the offences punishable under sections 66(1)(b) and 85(1)(iii) of the bombay prohibition act and was given clean and honourable acquittal and, therefore, it was incompetent on the part of the disciplinary authority to institute departmental inquiry on the same set of facts. ..... it must be borne in mind that, in that case, a constable of the constabulary was prosecuted for the alleged offence punishable under section 66(1)(b) of the bombay prohibition act, and on the very same charge and identical allegation, the delinquent was charge-sheeted, in the inquiry and, therefore, this court said that there was a bar of departmental inquiry as it would tantamount to sitting in an ..... it is also obvious that, apart from the charge of violating provisions of the bombay prohibition act, rest of the charges were also independent, upon which the criminal court, obviously, had no occasion to ..... of 1971 was filed against the plaintiff for the offences punishable under sections 66(1)(b) and 85(1)(iii) of the bombay prohibition act, 1949, in the court of judicial magistrate, first class, at vijapur.4. ..... in the departmental inquiry could not be said to be harsh or extreme in the nature and in the circumstances of the case, as the plaintiff was a member of the law enforcing agency, who violated the provisions of the prohibition act and misbehaved.11. .....
Tag this Judgment!Court : Gujarat
Reported in : [2005(104)FLR8]; (2004)2GLR1707
..... , the fact that an increment is released without being withheld, which could have been withheld had the services of the petitioner were found unsatisfactory, the claim of the petitioner of confirmation even in absence of any explicit act of confirmation stands substantiated and fortified because the increment of the petitioner is released on completion of one year in service right from the date of appointment treating the period of probation also as regular service.8. ..... rules and the order is that the petitioner was confirmed and that is why her services could not have been brought to an end in the manner in which the respondent corporation has done it, that the act of the respondent corporation of terminating the services of the petitioner is unjust, arbitrary and also vitiated on account of non-communication to the petitioner to improve her performance, though according to mr. ..... thakore, the learned counsel submitted that from the contents of the appointment order and rule 19, it has to be inferred that a 'positive act', as is required in category 1 of the judgment of the hon'ble the apex court was required in the facts of the case on hand, and therefore, the claim of the petitioner that she was deemed to have been confirmed is ..... the last line of cases is where, though under the rules maximum period of probation is prescribed, but the same requires a specific act on the part of the employer by issuing an order of confirmation and of passing a test for the purposes of confirmation. .....
Tag this Judgment!Court : Gujarat
Reported in : (2004)3GLR1841; (2005)ILLJ592Guj
..... an apprentice) employed in any industry to do any manual, unskilled, skilled, technical, operational, clerical or supervisory work for hire or reward, whether the terms of employment be express or implied, and for the purposes or any proceeding under this act in relation to an industrial dispute, includes any such person who has been dismissed, discharged or retrenched in connection with, or as a consequence of, that dispute or whose dismissal, discharge or retrenchment has led to that dispute, but does not ..... been given, the appropriate government shall, unless it considers that the notice has been frivolously or vexatiously given or that it would be inexpedient so to do, make a reference under this subsection notwithstanding that any other proceedings under this act in respect of the dispute may have commenced :provided also that where the dispute in the relation to which the central government is the appropriate government, it shall be competent for the government to refer the dispute to a ..... . in such a situation, it cannot be said that the labour court is putting approval upon violation of article 14, but it is really enforcing both prohibition against unfairness and the guarantee of right to life.7.1.9 the learned counsel submitted that when irregular appointments are made either by municipality or panchayat, it may be that other persons who are left out may have ..... . textile labour association, ahmedabad, reported in : (1961)illj521sc and in the case of hindustan times ltd. .....
Tag this Judgment!Court : Gujarat
Reported in : 1989CriLJ1119
..... of not considering the less drastic remedies by the detaining authority it is submitted on behalf of the petitioner that the petitioner can be prosecuted for the prohibition cases and that it will be a good remedy for preventing him from carrying on bootlegging activities in future, it is also submitted that bond under section 93 of the bombay prohibition act should have been taken from the petitioner for preventing him from doing such illegal activities in future. ..... has specifically stated that while passing the impugned order of detention he has fully considered the alternative remedies available under the ordinary law of land and that externment proceedings under the bombay police act though temporarily can be said to be an extra-ordinary proceeding but since in externment proceedings unless the proposed externee was issued notice and the witnesses were examined and arguments were heard, no ..... also statements of the witnesses the detaining authority came to the conclusion that the petitioner was a bootlegger doing illegal activities of selling liquor and that he was contravening the provisions of the bombay prohibition act. ..... even if some of them cannot be sustained for any reason whatsoever that would not make the detention order illegal in view of the provisions of section 6 of the act which clearly says that such order shall not be deemed to be invalid or inoperative merely because one or some of the grounds are vague, non-existent, not relevant, not connected or not proximately .....
Tag this Judgment!Court : Gujarat
Reported in : (1997)3GLR2491
..... learned counsel for the respondents has not been able to point out any provision either from the act or the rules or from the service rules of the employees of the agricultural produce market committee, visnagar, providing that the approval of the director is required to be taken for confirmation of an employee.4. ..... in view of the position of law as it stands, and from the provisions of section 22 of the act and rule 41 of the rules it is clear that in the matter of termination simpliciter, approval of the director need not be there. ..... it is true that the committee has sent the matter for confirmation of the petitioner for approval of the director, but that act of the committee will not make it a condition essential for confirmation of the petitioner when there is no requirement under the act or the rules or any other service rules of the committee. ..... in the present case, the respondents have acted arbitrarily and in total violation of the provisions of the act and the rules and their own service rules. ..... section 22 of the gujarat agricultural produce markets act, 1963 provides for appointment of servants of a market committee and the conditions of their services. ..... section 21 of the act nowhere contemplates for approval of the director for confirmation of a probationer on completion of the period of probation. .....
Tag this Judgment!Court : Gujarat
Reported in : (1971)12GLR13
..... (1) the commissioner and the district magistrate, in areas under their respective charges or any part thereof, may make, alter or rescind rules or orders not inconsistent with this act for--(o) regulating the conduct of and behaviour or action of persons constituting assemblies and processions on or along the streets and prescribing in the case of processions, the routes by which the order in ..... thus, where the legislature wanted to confer powers for framing rules for prohibiting something being done it has used the word 'prohibiting', while where it was considered proper that something may be prohibited from being done or if permitted, could be regulated thereafter, it used the word ' ..... mehta, learned advocate who appeared for the petitioner, challenged the validity of the impugned orders on the following grounds:(1) sub-clause (o) of section 33(1) of the bombay police act does not empower the commissioner of police to frame rules requiring any person to obtain prior permission for holding meeting and the rule so framed is in excess of the rule ..... both in clause (2) (as amended in 1961) and in clause (3), power is given to the legislature to make laws placing reasonable restrictions on the exercise of the rights conferred by these clauses in the interest, ..... union of india : (1961)illj339sc , and urged that there is paucity of authority in india on the nature, scope and extent of the fundamental right of the freedom of speech and expression, and as we have largely drawn on the .....
Tag this Judgment!Court : Gujarat
Reported in : (1976)17GLR427
..... , in the form of bullion or into whether refined or not and jewellery or articles made wholly or mainly of gold a notification as contemplated by section 8 of the foreign exchange regulation act, 1947, was issued by the central government on 25th august 1948 the said notification as amended upto 31st july 1958 has been published in the exchange control manual (sixth edition) 1971 used ..... it will be observed that clause (d) of section 111 refers to any prohibition imposed by the customs act or any other law which may be in force at the material timeandat the material time foreign exchange regulation act 1947 was m force section 8 of that act provides that central government may by notification in the official gazette order that subject to such exemn tions, if any, as may be contained ..... of the customs act provides that any goods brought from a place outside india which are imported contrary to any prohibition imposed by or under the customs act or any other ..... prohibition such goods will be liable to confiscation under section 111(d) of the customs act and, therefore, the possession of such articles would be punishable under section 135 of the customs act ..... prohibits bringing into india from any place outside india of any gold or gold bullion, gold sheets or gold ingot, whether refined or not is that fore, clear that there was at the material time restriction against the importation into india of gold ingot or gold bullion, whether refined or not under the foreign exchange regulation act .....
Tag this Judgment!Court : Gujarat
Reported in : AIR2009Guj43; (2009)1GLR183
..... but the super-structure cannot be transferred except under a registered instrument contemplated by sub-section (1) of section 17 of the registration act, 1908 read with section 54 of the transfer of property act because the expression 'shares in a society' used in section 42 of the gujarat co-operative societies act, 1961 casts its net upon land which belongs to the society but does not reach the super-structure which exclusively belongs to the member ..... shivubha jadeja', at para 5 as under:we have no doubt in our minds that section 42 of the gujarat co-operative societies act, 1961, inter alia, exempts from compulsory registration instruments relating to shares in a society notwithstanding that the assets of such society consist wholly ..... per the various terms and conditions of the loan agreement, the society had agreed to abide by the observance of the conditions and it included the prohibition of transfer or alienation of any right and the payment of the loan by way of installment in a consolidated manner. ..... section 29 read with rule 24 shows that there is no prohibition as such against transfer of a share to a member or even to a non member if he consents to be a member and makes an application for membership by purchasing five ..... in section 31 to even remotely include a prohibition against attachment or sale of the aforesaid right ..... ....there is no absolute prohibition in the act or in the rules or in the bye laws against transfer of interest of a ..... the prohibition, if intended by .....
Tag this Judgment!Court : Gujarat
Reported in : (1995)1GLR73; (1995)ILLJ1224Guj
..... and a notification fixing or revising the minimum rates of wages in respect of the schedule employment is issued during the pendency of such proceedings of the operation of the award, then, notwithstanding anything contained in this act, the minimum rates of wages so fixed or so revised shall not apply to those employees during the period in which the proceeding is pending and the award made therein is in operation or as the case may ..... respect of an industrial dispute relating to the rates of wages payable to any of the employees in a scheduled employment, any proceeding is pending before a tribunal or national tribunal under the industrial disputes act, 1947 (14 of 1947) or before any like authority under any other law for the time being in force, or an award made by any tribunal, national tribunal or such authority is in operation, ..... in view of the aforesaid provisions of sections 3, 4 and 11 of the act, it is argued at length that the minimum wages act does not provide any room for doubt that the government retains on power to prohibit and/or regularise the facilities, if any, given by the employer which are not ..... state of bombay, : (1961)iillj663sc , wherein the supreme court laid stress on the definition of the term 'wages' as given in the act and pointed out that the definition of the term 'wages' postulates the binding character of the other terms of the contract and brings within the purview of the act only one term and that relates to wages and no other and that being the .....
Tag this Judgment!Court : Gujarat
Reported in : 1969CriLJ695; (1969)GLR553
..... then it was held that section 129a, clause (2) of the bombay prohibition act, 1949, casts a duty on the registered medical practitioner before whom such a person was produced in the course of the investigation to examine such a person and collect and forward in the prescribed manner the blood of such ..... if the prosecution relies solely on the report of the chemical analyser to prove the fact of concentration of blood which had been collected and sent to the chemical analyser in the course of an investigation of an offence under the bombay prohibition act, such, certificate could be evidence only if the certificate had been obtained in the prescribed manner as laid down in section 129a of the act. ..... talati as required under the rules before sending the phial containing blood of the accused to the chemical analyser at junagadh, he drew pointed attention to one breach said to have been committed in respect of rule 4 of the bombay prohibition (medical examination and blood test) rules, 1959. ..... what that is so, the prosecution can be easily said to have failed to raise any presumption arising under section 66(2) or the act and consequently the order of conviction passed against the accused in that respect is liable to be set aside. * * * * *8 ..... now it is clear that in order to establish the guilt of the accused for an offence under section 66(1)(b) of the act, the prosecution mainly relies on a report received from the, chemical examiner in respect of the blood of the accused taken by dr .....
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