Court : Gujarat
Reported in : (1976)17GLR583
..... shall vest in a committee, constituted in this act the rules and by-laws, which shall exercise such powers or such duties as may be conferred or imposed on it respectively by this act, the rules and the bye-laws.whereas section 74 makes an express reference to the act, the rules and the under section 31 of the andhra pradesh act makes a clear reference to the rule when it states in sub-section (3) that the election of the members of he committee shall be held ..... final conclusion which he has recorded on the question is as follows:therefore, even after examining various provisions of the guajrat co-operative societies act, the conclusion is inescapable that the bye-laws of a society registered under the act are not statutory in character and have no force of law and they are on par with the articles of association and they constitute a contract between the members and the society.having taken that ..... whereas sub-section (7) of section 28 merely states that the voting rights of members of a federal society shall be regulated by the rules and by the bye-laws of the society, section 25 of the andhra pradesh act itself provides for the manner of exercise of his vote by a member of the committee, for resolving a tie where it is created by equality of votes on both the sides and for the manner of voting by a society which ..... writing direct that the term of office of that committee shall extend upto such time as such election is held, which extension shall not ordinarily exceed one year. .....
Tag this Judgment!Court : Gujarat
Reported in : (1978)19GLR467
..... corresponding taxes in force in the newly included area immediately before such day and since, in the instant case, there were no taxes levied by any local authority in the factory area of the petitioner prior to january 15, 1976, the provisions of ' clause (x) were inapplicable:(3) before issuing an order under section 266(1), the first respondent was bound to afford to the petitioner an opportunity of being heard and since no such opportunity was afforded, ..... commencement of all or any appointments, notifications, notices, taxes, orders, schemes, licences, permissions, rules, bye-laws or forms made, issued, imposed or granted under the act by, or in respect of, any existing municipality and in force within its area immediately before the appointed day, to and in all or any of the other areas of the successor borough municipality such extension and commencement will be made in supersession of corresponding appointments, notifications, notices, taxes, orders, schemes, licences, permissions ..... . it would thus appear that upon the declaration of the result of a general election, each municipality is deemed to be duly constituted and it might be possible to say, therefore, that the newly elected, councillors constitute the successor municipality, as contra-distinguished from the previously existing municipality constituted of the ..... sub-section (5) provides that subject to the provisions of the act, an election shall be held in accordance with the rules made by the state government in .....
Tag this Judgment!Court : Gujarat
Reported in : (1992)1GLR503
..... that outgoing councillors in the absence of entry of administrator in the field will continue to enjoy deemed extension of their term till duly elected councillors take over as per section 6(1) read with section 6(2) and they will be treated to be full-fledged councillors entitled to exercise all the powers and discharge all the duties as such as duly elected councillors under the act and they will be entitled to take all decisions including policy decisions within legally permissible ..... section 6(1) second part so far as the present act is concerned, we do not find such fetter on the part of the state while ordering extension and still in that light, the full bench laid down in para 17 certain circumstances under which extension may not be given and which may require as changed circumstances, appointment of administrator under section 48a:may be law and order situation is such that the councillors elected are unable to meet and manage the affairs ..... of the council, may be there is an external threat or internal unrest in which it is not expedient to continue the elected body and it is necessary to have an administrator to head the council, may .....
Tag this Judgment!Court : Gujarat
Reported in : [2006]72SCL423(Guj)
..... . a landlord may apply to the rent control court for an order directing the tenant to put the landlord in possession of the building,(i) if the tenant after the commencement of this act, without the consent of the landlord, transfers his right under the lease or sub-lets the entire building or any portion thereof if the lease does not confer on him any right to do so; provided....a perusal of ..... . in context with the above, we find our view reinforced on the meaning and import of the word 'consent' as used in clause (i), sub-section (4) of section 11 of the act when read in the background of the word 'confer' in the latter part it will only mean that consent has to be with some positive action on the part of the landlord so that the tenant can be said to ..... it was further stated that due to the unavoidable situation and the by-election in the state the proposal of the company could not be considered.2.4 on 19th february, 2002 a.a.i.f.r ..... . in the order itself, it is stated that no extension of time beyond sixty days shall be granted and that non-receipt of any response within the prescribed period of sixty days shall be treated as deemed ..... . ramanatha aiyar's advanced law lexicon, volume 1, a-c, 2005, which reads as under:'consent' is an act of reason, accompanied with deliberation, the mind weighing, as in a balance, the good and evil on each side' (story, section 222 ..... granted last extension for submitting modified scheme, but the same could not be presented, as a result of which the .....
Tag this Judgment!Court : Gujarat
Reported in : (1976)17GLR758
..... under this section shall in particular provide...for the final determination by arbitration of disputes arising as to such matters as may be specified in the bye-laws'.purporting to act under this section the wheat commission made a bye-law, numbered 20, providing that 'any dispute arising between the wheat commission and any other person as to whether any substance is flour shall be referred to arbitration,' as therein provided, 'and the decision of the referee as to the matter in ..... on either side were unable to suggest any clear-cut rule by which the boundary between the two classes of errors could be demarcated.at page 249, in page 38, it is observed:in the result, we must hold that in maintaining the election of the first respondent on the basis of the 301 votes which were liable to be rejected under rule 47(1 )(c) the tribunal was plainly in error. mr. ..... maliyakel koyassan koya hail (1880) 3 madras 59:we must accept the declaration made by the subordinate judge that extensions of the period for the submission of the award were from time to time granted, though we may observe that applications for such extensions should ordinarily be in writing, and that most certainly orders thereon should be.it cannot possibly be deduced from those words that an oral application to the court is void, and that any order passed .....
Tag this Judgment!Court : Gujarat
Reported in : (1977)18GLR762
..... carried on within the octroi limits by merchants resident in the town of modasa.iii the levy of octroi and more particularly rule 32 of the octroi rules adopted by the panchayat is ultra virus the act inasmuch as by the impugned levy, the panchayat seeks to impose octroi on import of goods meant for export outside the limits of the panchayat without any consumption or use therein.we shall deal with ..... 1925, that is, what was the connotation of the words 'for sale' which were introduced for the time in the said act by the amending act xxxv of 1954 and, secondly, as to whether on a true and correct interpretation of the relevant rules and by-laws of the local authority concerned, octroi duty was levied on through consignments and whether in the case of the other two kinds of consignments after payment of octroi duty there ..... refund of octroi and it has been set out in extension in the earlier part of this judgment ..... . 163 and 170 of 1972 which were decided on january 27/28/30, 1976, the question across meter three kinds of consignments, namely, through consignments in between the petitioners and the local authority was whether the goods imported within the octroi imits ..... filed an affidavit dated february 6, 1976 denying the allegations made against him ..... into effect from february 1,1976 after following the necessary ..... this behalf has been specifically controverter by the secretary of the panchayat in his affidavit dated february 6, 1976. ..... on january 31, 1976.5. ..... the present petition on january 30, 1976. .....
Tag this Judgment!Court : Gujarat
Reported in : (1979)ILLJ82Guj
..... this mandate was provided fixing a maximum period, which would ordinarily apply, the relevant clause further provides for some exceptional cases by giving a right to the employer to make two extension : one extension of three month's further period without stating reasons, while the other for additional three months, that is to say, upto one year, by an order in writing stating reasons ..... or satisfactory explanation; (viii) late attendance on not less than four occasions within a month or habitual absence from the appointed place of work; (ix) repeated breach of any law applicable to the bank or any rules made thereunder or of standing orders; * * *(xvi) commission of any act subversive of discipline or good behaviour on the premises of the bank; (xvii) habitual neglect of work, or habitual gross negligence, or negligence involving or likely to involve ..... when the appointment order itself provides for the maximum six months' probation period the employer does not give any extension nor exercise his right of termination at all before this maximum probationary period expires, the relevant clause in the concluding part of clause 8 automatically comes into ..... when the industrial court has reversed a finding of fact arrived at by the labour court after applying the settled legal principles of the industrial law as laid down by the highest court of the land ignoring all the material facts, which made fundamental difference in the ultimate result and on applying such wrong ..... of 1976 decided .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1978Guj63
..... board from time to time till the deadline is reached and the deadline is reached when five years pass after the factory goes into production, but this extension is meant only for the purpose of extending the time of the very board and this extension of time does not envisage the replacement of the old board by a new one from time to time;(3) the registrar is entitled to fill in interim vacancies occurring in the ..... 226 of the constitution, firstly because there is no substrata injustice or injury caused to the part and secondly because this was a case of enforcement of a bye-law which was for all purposes analogous to, if not identical with, the- articles of association of a company floated or deemed to be floated under the provisions of the companies act -,(2) the impugned order, annexure a is not a statutory order in exercise of the state's power, but it is only an executive, function and, therefore, it was at ..... whether the board of directors is appointed for the entire period between the establishment of the society and the election of the board of directors or whether the board of directors is appointed from time to time is not going to make any material difference as far as the society and share-holders; are concerned ..... this article came to be completely rewritten by the constitution (42nd amendment) act, 1976 and it is truism to say that this replacement was for the purpose of drastically curtailing the wide powers enjoyed by various high courts by virtue of the earlier .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1979Guj83; (1979)0GLR306
..... and to make reference accordingly, inasmuch as there was no valid or justifyins dispute between the parties which would require arbitiation for its resolution, and in any case, the plaintiff's suit was barred by law of limitation and the court should refuse to exercise its discretion in the matter since the plaintiff was guilty of laches and gross delay and especially because two suits involving similar facts and concerning ..... i, therefore, propose to make the following order which would substitute the order made by the trial court:upon reading the application (plaint) and the written statement dated 8th april, 1976 and 26th july, 1976, respectively, and the affidavits in support thereof presented to the trial court, it is hereby ordered that the following matters in difference specified in the schedule to this order, arising in this suit be referred for determination of ..... the learned counsel for the appellant-corporation, therefore, submitted that the arbitration suit filed by the respondent-company april 8, 1976 was clearly time barred and the court has no jurisdiction to refer to the arbitrator any dispute, assuming with out admitting that there was one, which arose prior, to april 8, 1973, since the ..... 4 and 5 of the 1963 limitation act speak of expiry of prescribed period when court is closed, and extension of prescribed period if applicant or the appellant satisfies the court that he had sufficient cause for not preferring the appeal or making the application during such .....
Tag this Judgment!Court : Gujarat
Reported in : (1979)GLR413; (1979)0GLR413; [1979]118ITR134(Guj)
..... ... looking to the fact that the opportunity of show-cause notice was to be given and also looking to the fact that default in the performance of duties imposed upon the corporation under the corporation act or any other law for the time being in force, the objective facts and the satisfaction of the state government though subjective was required to be arrived at in respect of objective facts, a different principle appears to have been laid ..... authority had, by his letter of august 1, 1973, informed the respondent-transferee in reply in her letter of july 3, 1973, that in no case extension of time beyond the period of limitation as prescribed under s ..... s. 11(1) of the urban land (ceiling and regulations act, 1976, which prescribes the payment of amount of compensation for vacant ..... above. as the supreme court has said in lakhmani mewal das's case : [1976]103itr437(sc) , the reasons for the formation of the belief must have a rational and direct connection with the material coming to the notice of the competent authority, though the question of sufficiency or adequacy of ..... (1). the full bench of this court in dungarlal harichand's case [1976] 17 glr 1152 (guj) as well as in saiyed mohammed's case [1977] 18 glr 549 (guj) [fb] construed new sub ..... for the full bench, said that as far as this contention was concerned, it was completely concluded by the full bench decision in dungarlal harichand's case [1976] 17 glr 1152; : air1977guj23 , that a right to individual notice under .....
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