Court : Gujarat
Reported in : (1998)3GLR2208
..... , whatsoever, in holding that the passing of decree for arrears of rent under section 12(3)(b) is not legal and valid. section 12 of the bombay rent act, before its amendment of 1985, read as under:12. (1) a landlord shall not be entitled to the recovery of possession of any premises so long as the tenant pays, or ..... society, at asarwa ward. it was let to tenant for the purpose of shop and the rent was initially fixed at rs. 75/- per month exclusive of taxes and electrical charges. the said premises are hereinafter referred to as 'demised shop'.3. the tenant appeared and resisted the suit by filing written statement, ex. 10, and raised also ..... interesting question, which has come up for consideration and adjudication in this revision under section 29(2) of the bombay rents, hotel and lodging house rates control act, 1947 ('bombay rent act'), is whether the petitioner-tenant is liable for eviction on the ground of arrears of rent under section 12(3)(b) or not. the respondent herein is .....
Tag this Judgment!Court : Gujarat
Reported in : (1997)2GLR1534; (1998)IIILLJ24Guj
..... and (2) also could be straightway invoked. there is no dispute that the words 'chapter v-b' were added in sub-clause (1) of section 33-c by the amendment act 32 of 1976. the controversy in the present case relates to the period of 1992 onwards. therefore, chapter v-b matters come within the purview of section 33-c(1 ..... has contended that as a result of serious crisis in the textile industry, the respondent company was required to close down the factory and also due to disconnection of electric supply from february 2, 1992. no doubt, it is also pleaded that the management despite crisis and financial crunch is trying to find out solution in order to ..... is a textile undertaking employing around 2,500 workmen. the respondent no. 1 company had first put a notice on february 2, 1991 declaring that due to disconnection of electric supply, the mill company would not be in a position to give further employment to its workmen. thereafter, by its notice dated february 5, 1991 had declared that it .....
Tag this Judgment!Court : Gujarat
Reported in : (1997)1GLR390
..... neighbourhood centre' at column no. 3. in the advertisement, the purpose is clearly mentioned as 'neighbourhood centre (local shops, library, public hall, open space, electric sub-station, guest house etc.).' though the neighbourhood centre has not been defined, it is ordinarily understood as a centre or area of land consisting of local shops ..... of this understanding, there could be obvious disinclination on the part of the people to purchase the land. if the intending purchaser had known the amended conditions that the corporation will get/change the permission for residential, commercial land, high-rise building, they would have also participated in the auction. ..... the office of chairman, bihar school service board constituted under the provisions of the bihar non-government secondary schools (taking-over of management and control) act, 1981. the division bench of the bihar high court dismissed the petition. the apex court while considering the various earlier decisions, held that unless .....
Tag this Judgment!Court : Gujarat
Reported in : [1996]221ITR317(Guj)
..... amenities and facilities such as parks, gardens, playgrounds. 13. promotion of cultural, educational and aesthetic aspects. 14. burials and burial grounds; cremations, cremation grounds and electric crematoriums. 15. cattle ponds, prevention of cruelty to animals. 16. vital statistics including registration of births and deaths. 17. public amenities including street lighting, parking lots ..... an explanatory memorandum as to the action taken thereon to be laid before the legislature of the state.' 7. mr. kaji submitted that after the amendment in the constitution, it is mandatory to have grants-in-aid for the municipalities from the consolidated fund of the state. he submitted that it ..... behalf of the government and for the government. it may be required to be noted that constitutional provision is amended by 74th amendment of 1992 whereas the boards act is enacted in 1979, much before the amendment in the constitution. 10. mr. kaji, learned advocate, submitted that in view of art. 289 of the .....
Tag this Judgment!Court : Gujarat
Reported in : (1996)3GLR543
..... a wireman was appointed as helper/messenger. it has been stated in the petition that the petitioners were working in the office of superintending engineer (electrical) of technical business group under acting general manager (co-ordination) and they were working with various labour conractors for quite some time. as per the pleadings contained in para 2, the ..... 8-9-1994 itself.22. the learned counsel for the respondent nos. 1 and 2 faced with this situation, referred to : (1995)iillj790sc , i.e., gujarat electricity board, ukai v. hind mazdoor sabha (supra) and submitted that it is only for the appropriate government to abolish the labour contract and no court or industrial court ..... as expenditiously as possible in accordance with law.5. in the form of pleadings, i have before me (1), the memo of the petition alongwith the documents including the amendment, which was allowed on 12-10-1990, (2) affidavit-in-reply dated 7-2-1990, (3) affidavit-in-rejoinder dated 27-7-1990, (4) further .....
Tag this Judgment!Court : Gujarat
Reported in : 1997CriLJ492; (1997)1GLR190
..... is concerned, uniformity has to be expected and that is exactly what the board has clone in publishing conditions and miscellaneous charges for supply of electrical energy, as amended upto 1-1-1995.32. air 1960 sc 1191 has been relied upon on behalf of the petitioner and particularly the observations of the honourable ..... purchaser, who had nothing to do with that contract.12. however, as elaborate arguments were advanced on the basis of various provisions both of electricity act and the supply act, the honourable supreme court has dealt with those arguments and in relation to the dues of the previous customer, it has, without any difficulty, ..... is that on the basis of the aforesaid isha judgment looking to the provisions of the indian electricily act 1910 (hereinafter referred to as 'the electricity act') and the electricity supply act, 1948 (hereinafter referred to as 'the supply act'), the said demand of augmentation charges is ex facie illegal, null and void. this would also, according .....
Tag this Judgment!Court : Gujarat
Reported in : [1996(74)FLR2732]; (1996)2GLR228
..... on the date of notice' is concerned, mr. pandya submitted that in view of the fact that the amendment was sought on december 19, 1995 only he has not been able to put the case of the gujarat electricity board in this regard and therefore, all that can be said is that respondent no. 1 may consider the ..... board and if the regional provident fund commissioner is directed to conduct the inquiry, under section 7a of employees' provident fund and miscellaneous provisions act, 1952. so far as the prayer made in the amendment dated december 19, 1995 seeking direction to make reference of the two demands referred by the petitioner in para 7(c) of the petition ..... month. (2) regional provident fund commissioner, ahmedabad, respondent no. 2 herein, is directed to conduct the inquiry under section 7a under employees' provident fund and miscellaneous provisions act, 1952, as early as possible but in no case later than a period of three months from the date of the receipt of the certified copy of this order. .....
Tag this Judgment!Court : Gujarat
Reported in : (1996)3GLR54
..... of gadde venkateswara rao v. government of andhra pradesh : [1966]2scr172 ; decision of the kerala high court in the case of a.m. mani v. kerala staw electricity board, air 1968 kerala 76; decision of patna high court in the case of devendra prasad gupta v. the state of bihar and ors. reported in : air1977pat166 ; ..... the cadre of senior accounts clerk and during the course of hearing the counsel who was appearing for the state government did state that the state government would act upon the said seniority list of accounts group iv and thereafter and relying on that undertaking the petitioner had withdrawn that writ petition. this is another circumstance ..... cadre and that notification partake the character of statutory provision and in the schedule to the rules of 1967 amendment has been made. the rule of promissory estoppel and estoppel by conduct cannot be invoked to alter or amend a specific provision of the statutory rules nor can they be availed against statutory provisions. it is true .....
Tag this Judgment!Court : Gujarat
Reported in : (1995)2GLR1210
..... , water, or any other service.9. notwithstanding the fact that resolution under article 252(1) had been passed by the gujarat assembly, which had the effect of making the water act applicable to the state of gujarat, no resolution has been passed under article 252(1), making the amendment act of 1988 applicable to the state ..... the amendment act 53 of 1988. the object of this amendment was to make some of the provisions of the act more stringent and, in particular, section 33 a was incorporated in the act, which inter alia, gave power to the government to issue directions, ordering closure, prohibition or regulation of any industry, operation or process and direction regarding stoppage or regulation of supply of electricity .....
Tag this Judgment!Court : Gujarat
Reported in : (1996)2GLR404
..... reasonable cause:1. that the notice and the summons came to be served, at bombay address.2. the tenant has not made the user of the electricity. consumption of electricity could be shown by electric meter reading bills.3. ration card is also not produced. electoral roll is not produced to show that his name continued in the same constituency.4. ..... that the landlord purchased the property with a sitting tenant by a registered sale deed on 13-2-1975. an amendment is made by introducing an explanation in section 13(1)(g) applicable to gujarat state in bombay rent act by virtue of which, a purchaser of a house or a property on or after 1-1-1964 is not ..... user of the demise premises. therefore, the tenant has challenged the legality and validity of eviction decree by filing this revision under section 29(2) of the bombay rent act.3. the contention is raised on behalf of the tenant that the eviction decree is erroneous and illegal. the landlord has not appeared personally or through advocate, in .....
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