Court : Gujarat
Decided on : Mar-02-2006
Reported in : (2009)21VST118(Guj)
..... of the scheme. in the instant case, the petitioner is not allowed to avail the benefit because its windmills got destroyed (only on account of an 'act of god') and therefore the petitioner could not continue to generate electricity continuously for a period of six years after commissioning the windmills. in the circumstances, the ..... supply, but it also gives certain benefits to the industrial undertakings generating electricity in the nature of sales tax exemption or deferment or composite benefit under the act. looking to the said fact, we can definitely treat the scheme framed by the government under government resolution dated 27.1.1993 at par with a beneficial ..... due to gross negligence on the part of the industrial undertaking, the wind farm was not kept in running condition. so, in our opinion, if the act of discontinuing generation of electricity is deliberate or voluntary, then only the concerned industrial undertaking should be deprived of the benefit availed under the scheme.33. in .....
Tag this Judgment!Court : Gujarat
Decided on : May-01-2006
Reported in : AIR2006Guj190; (2006)3GLR1944
..... premises but to the person viz. a separate legal entity. it is necessary to take note of the definition of the term sperson which is defined by section 2(49) of the act to include any company or body corporate or association or body of individuals, whether incorporated or not, or artificial juridical person. 11. similarly, regulations 4.8 ..... respect of supply which was made to the said person. section 56 of the act does not talk of any premises neglecting to pay any charge for electricity. in fact premises cannot be a consumer and, therefore, the stand of the ..... that supply means sale of electricity to a consumer. the definition does not talk of supply of electricity to the premises. 8. when one proceeds to read section 56 of the act in the aforesaid backdrop, it is apparent that supply of electric power can be dis-connected where any person neglects to pay any charge for electricity in .....
Tag this Judgment!Court : Gujarat
Decided on : Dec-08-2006
Reported in : (2007)3GLR2012
..... .5.1994 and the state government agreed in principle to allot the land in question to the corporation for water distribution works and in that regard the section officer of narmada and water resources department had written letter dated 21.9.1993 to the executive engineer, irrigation department, surat. it is also further submitted ..... was justified in regularizing the encroachment made by the respondent no. 4 ' a religious trust, though the lands were acquired under the provisions of the land acquisition act and were needed by surat municipal corporation for public purpose i.e. water works project (iii) when there is a conflict between public interest and private interest ..... land of the petitioner as well as other agriculturists which was acquired by the state government for surat irrigation division, surat under the provisions of the land acquisition act. a further prayer is also made directing the respondent nos. 1 to 3 and 5 i.e. the secretary, narmada and water resource department, the .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-09-2006
Reported in : (2006)3GLR1909
..... for the court to discharge the accused as the charge is groundless. the court further held that the prosecution is unsustainable because section 79 is exculpatory when read with section 5-a of the act and the certificate issued thereunder.40. reliance is also placed on the decision of the hon'ble supreme court in the case ..... no different religions. the simple and innocent expression of opinion on the working of the trusts of swadhyaya pariwar will not bring the act of the publisher within the parameters of the sections in question. the difference between the persons of the same family is as to whether bhav nirzar temple is a temple or prarthana hall ..... indian army were indulging in commission of atrocities against kashmiri muslims. hence, the question before the supreme court was that whether those acts of the appellant would attract the penal consequences envisaged in section 153-a or 505(2) of ipc. the court held that the common ingredient in both the offences is promoting feeling of .....
Tag this Judgment!Court : Gujarat
Decided on : Feb-20-2006
Reported in : (2006)2GLR1432
ORDER IN SCA Nos. 8117 of 2005 & 8118 of 2005.33. Though all the three matters are heard together, as far as main judgment is concerned, I have considered the facts of Special Civil Application No. 8116 of 2005 and I have given detailed reasons and disposed of the said matter. The other two matters i.e. Special Civil Application Nos. 8117 & 8118 of 2005 are also identical and raising same challenge. In view of the reasonings and conclusion in the main judgment, these two petitions i.e. Special Civil Application No. 8117 of 2005 and 8118 of 2005 are also disposed of accordingly. Rule is discharged to the aforesaid extent in both the petition with no order as to costs....
Tag this Judgment!Court : Gujarat
Decided on : Nov-13-2006
Reported in : (2007)1GLR671
..... on behalf of the municipality whereby they have urged that the inclusion of this condition would entitle the government to revise the agreement itself under its powers, under section 211. as a result of this train of discussion and reasoning, it must be held that the commissioner's order is without authority and that there was no ..... the officer had no authority. as such, the law court may be required to consider simultaneously the matter for passing appropriate orders for compensating the aggrieved party while acting under bonafide belief and altering his possession based on the same. in the present case no material or evidence is placed on record for the exercise of power ..... with or set aside by the law courts, the proper evidence would be required to be brought on record for alteration of the condition by the party whether acted in bonafide and, if yes, the quantum for compensating for the default, if any, ultimately found of the officers of the state government or the delegatee of .....
Tag this Judgment!Court : Gujarat
Decided on : Feb-15-2006
Reported in : (2006)3GLR1809
..... the summary of the meeting is as under :5.1 all municipal corporation to send their requirement for equipment like jetting machine, gulley emptier etc., to the dy. section (m.n.p.).5.2. the city engineers of muni. corpo., to give suggestions to get rid of the problems from the technical point of view,5.3 ..... the order would amount to deliberate flouting of the order of this court and the concerned authority will expose himself to proceedings under the contempt of court's act as well as criminal prosecution. we also appreciate the assistance rendered by all the learned counsels for the parties which has enabled us to give proper directions ..... employer, but it is a mandate given to him by labour's safety- oriented statutes, like the factories act. may be the bombay provincial municipal corporation act, the gujarat municipalities act etc., are not having specific provisions like the factories act, but then article 21 of the constitution of india is always there to protect the employees of local .....
Tag this Judgment!Court : Gujarat
Decided on : Jan-19-2006
Reported in : (2006)3GLR2461
..... authority is constituted within whose jurisdiction the principal market yard is situated, one member is to be nominated under clause (iv) of sub-section (1) of section 11 of the said act from amongst its councillors or as the case may be members who do not hold any general licence. when an elected local authority is ..... selling of agricultural produce and the establishment of markets for agricultural produce in the state of gujarat, the said act was enacted. section 11 of the said act provides for constitution of market committee. sub-section (1) of section 11 provides for the members who will constitute the market committee and states that the market committee shall consist of ..... in accordance with the rules for such nomination and therefore finding that the request of the applicant is justified, in exercise of powers under section 11(1)(iv) of the said act, it is resolved to nominate said shri kishorbhai chhaganbhai andipara as a member of the market committee. on the very same day, .....
Tag this Judgment!Court : Gujarat
Decided on : Feb-22-2006
Reported in : (2007)2GLR1399
orderm.s. shah, j.1. this is an application under the contempt of courts act, 1971 alleging that the order dated 16.2.2006 passed by respondent no. 4 - mr. vc barot, judge, small causes court, ahmedabad amounts to contempt of court and, therefore, contempt .....
Tag this Judgment!Court : Gujarat
Decided on : Jun-29-2006
Reported in : AIR2007Guj9
..... the third time.12. the submission is devoid of any merits. the present petition is filed under articles 226 & 227 of the constitution of india read with the essential commodities act. it is for the petitioner to point out 'the right', violation of thereof, the duty cast on sate, non-discharge of the same. present is the case falling in the .....
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