Court : Gujarat
Decided on : Mar-03-2006
Reported in : (2006)3GLR2034
..... the aforesaid resolution. the respondent no. 3. i.e. nagarpalika appeared before the collector and opposed the institution of suo motu revision by the collector under section 258 of the act and also submitted its written reply. however the petitioner, who was the beneficiary of the two advance increments granted to her by the nagarpalika, was neither issued ..... through the material on record.5. the main grievance of the petitioner is that before the exercise of suo motu powers by respondent no. 2 under section 258 of the act, no notice was issued to the petitioner and neither was she given an opportunity to be heard. the benefit of two advance increments granted in her ..... the petitioner has relied upon 2000 (4) gcd 3222 (guj) (maniben navabhai and ors. v. state of gujarat and ors.). in this case also, section 258 of the gujarat municipality act, 1963 was invoked by the collector without giving an opportunity of hearing to the petitioner. the court held as under:4. in view of the above position .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-03-2006
Reported in : (2006)3GLR1993
..... property at shop no. 81 at shethni pole, ratanpole, ahmedabad as illegally acquired property and therefore, order its forfeiture to the central government free from all encumbrances under section 7(3) of the act. as out of the total cost of rs. 40,000 the ap could explain the source of rs. 32,500 only which is more than 50% of the ..... total cost, under the provisions of section 9 of the act, i give an option to pay a fine of rs. 9,000 (rupees nine thousand only) i.e. a fine equal to one and one fifth times of ..... 30 days from the date of receipt of this order failing which the same shall stand forfeited to the central government free from all encumbrances under the provisions of the act. on failure to redeem the forfeited property within the stipulated period of 30 days the ap shall surrender the same to the inspecting officer, safema/ndpsa, office of the competent .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-03-2006
Reported in : (2006)3GLR2385
..... learned special public prosecutor before the trial court mentioning, inter alia, that necessary notification issued by the competent authority under the provisions of section 37(1) of the act having been accepted by the appellants, is already exhibited and, therefore, the witnesses were not examined to prove the same and contended that ..... not been examined by the prosecution with an oblique motive, the prosecution case should be disbelieved after drawing adverse inference as provided under section 114 of the evidence act. it was asserted by the learned counsel of the appellants that late recording of police statement of witness gogaji makes it evident that ..... in the court of learned metropolitan magistrate court no. 15, ahmedabad, for commission of offences punishable under section 302 read with section 120b ipc and section 135(1) of the act. as the offence punishable under section 302 ipc is exclusively triable by a court of sessions, the case was committed to the sessions court, .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-03-2006
Reported in : 2006(203)ELT394(Guj)
K.A. Puj, J.1. Rule. Mr. Jitendra Malkan, learned Assistant Solicitor General waives service of rule on behalf of respondent No. 1.2. Since the issue involved in this petition is in very narrow compass, the matter is taken up for final hearing.3. The petitioner has filed this petition under Article 226 of the Constitution of India praying for quashing and setting aside the order dated 24-9-2004 passed by CESTAT, Mumbai.4. It is the case of the petitioner that as the credit of duties paid on inputs used in relation to the manufacture of yams sold under exemption to Regd. Co-operative Societies in plain reel hanks would not be available, the petitioner company did not avail credit of duties paid on these quantities of fibres which were used in relation to yarns cleared under the above exemption and also maintained accounts of such transactions. A show cause notice was issued proposing to recover amount of Rs. 6,83,313/- on the ground that the petitioner company has taken this amount as c...
Tag this Judgment!Court : Gujarat
Decided on : Mar-06-2006
Reported in : (2006)3GLR1853
..... a member of the society, institutes a suit, he is not required to give such notice. the learned judge has confused the issue by referring to sections 96 and 97 of the act. those sections have nothing to do with the suit filed by the plaintiff against defendant no. 2. it is irrelevant whether the plaintiff is a member of the ..... the same deals with a dispute which is required to be referred to the nominee of the registrar. the learned trial judge has completely misread the provisions of section 167 of the act, and on an erroneous ground, has rejected the application, and while doing so, has committed an error of jurisdiction in passing the impugned order. if a ..... suit is instituted before a civil court against a co-operative society touching the business of the society, then notice under section 167 of the act is mandatory. whether the plaintiff is a third party, or not is absolutely irrelevant.7. since, the order passed by the learned trial judge is based .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-06-2006
Reported in : (2006)3GLR2336
..... amount is due against the defendant as per the decree. on that ground, execution application is rejected. against the said order original decree holder has filed this revision application under section 115 of civil procedure code. 3. mr. pardiwala, learned advocate for the decree holder submitted that the executing court has not considered the provisions of order xxi, rule 2 of civil procedure code and ..... p.b. majmudar, j.1. by filing this civil revision application under section 115 of civil procedure code, the applicant has challenged the order passed by executing court in special darkhast no. 17/1990. by the impugned order, the executing court has dismissed the execution .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-07-2006
Reported in : (2006)3GLR2031
..... take appropriate proceedings under the bombay land revenue code.5. mr. amrish pandya, learned advocate for the opponent nos. 1 and 2 vehemently submitted that under section 5 of the act, the mamlatdar is only empowered to remove or cause to be removed any impediment to the natural flow in a defined channel land or otherwise of any ..... course for going to his lands. against the said order, the respondent nos. 1 and 2 again preferred revision application no. 2 of 1997-1998 under section 23 of the act challenging the order dated 5-9-1997 passed by the mamlatdar. the deputy collector, palitana heard the revision application and allowed it by his judgment and order ..... of some dispute, the respondents closed the way through the water-course. the petitioner therefore filed suit no. 1 of 1995-1996 before the mamlatdar under section 5 of the act contending that the water-course being government land, the petitioner has right of way to go to his lands through the water course. the mamlatdar passed an .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-08-2006
Reported in : [2006(109)FLR770]
..... because in similar circumstances, apex court, in case of management of mcd v. prem chand gupta : (2000)illj533sc considered that in case of violation of section 25-f of id act, 1947 logical consequence would be that the workman would be entitled to be reinstated in service with continuity and normally would be entitled to full back wages. ..... been an iota of assertion to that effect though, no doubt, it has been contended that the order of dismissal is vitiated for non-compliance with section 25-f of the act. the state in its counter affidavit, on the other hand refuted assertion of the respondent in the writ petition and took the positive stand that the ..... daily wager. ultimately, labour court recorded finding that the termination of respondent amounts to retrenchment and is illegal and void ab initio for want of compliance of section 25-f of i.d. act, 1947. then, the labour court examined the question of back wages. as regards back wages, workman in his examination in chief, it was deposed .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-08-2006
Reported in : [2006(111)FLR290]; (2006)2GLR1391; (2006)IIILLJ980Guj
..... was not addressed to the petitioner by the recovery officer. however, according to my opinion, the petitioner having alternative, effective and statutory remedy under section 75 of the e.s.i. act. section 75 sub-section (3) made clear barred that no civil court has jurisdiction to decide or deal with any question or dispute as aforesaid or to adjudicate or ..... then make a demand. we are of the view that the full bench of the high court is clearly in error to reach that conclusion. though, section 75 of the act does not envisage as to who has to approach the insurance court, by necessary implication when the employer denies the liability or applicability of the provisions of ..... pay the above sum within 15 days of the receipt of this notice failing which the recovery shall be made in accordance with the provisions of section 45(c) to section 45(1) of the act as amended.4. on behalf of the petitioner, by letter dated 27th may, 2005, one letter was addressed to the contentions that jamnagar .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-08-2006
Reported in : (2006)3GLR1831
..... cancelled when the highest offer of the petitioner was only rs. 10.86 crores. when nit of january 2006 brought highest tender of rs. 13.12 crores (approx.), the corporation acted in accordance with the instructions of the central vigilance commissioner by calling only the highest tenderer for negotiations so as to receive more than rs. 14 crores. hence, there would ..... court of appeal but merely reviews the manner in which the decision was taken. even so, if the corporation has itself adopted a particular method of processing the tenders and acts without disclosing such method in the tender notice, the action could suffer from the vice of arbitrariness or at least unfairness as held in dutta associates pvt. ltd. v. indo .....
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