Court : Gujarat
Decided on : Apr-10-2003
Reported in : (2003)2GLR1727; (2003)2GLR807
..... the state govt, the psi recruitment board was constituted and simultaneously the recruitment rules were also framed for the post of psi in exercise of powers under section 5 of the bombay police act, 1951. it may be stated that in the mean time vide notification dated 28.8.97 function for recruitment of psi was excluded from the purview ..... be arbitrary. i am inclined to take such a view because the attempt on the part of the court would be to achieve the object of upliftment of weaker section of the society as per constitution of india without there being any compromise to the merit of the candidates selected.37. if the relaxation in payment of fees is ..... of psi from its purview for conducting the examination and the other selection process. it is also submitted that the recruitment board which is constituted under the bombay police act is of a peculiar type, namely, that it has no permanent existence and it gets constituted only when the recruitment is to take place and it automatically gets .....
Tag this Judgment!Court : Gujarat
Decided on : Apr-09-2003
Reported in : (2003)4GLR554
..... am of the view that such directions issued by the labour court keeping in mind entire facts and circumstances of the case such as delay, violation of section 25h of the id act, has rightly moulded the relief and not imposed any financial burden upon the employer petitioner about the back wages for the intervening period and other consequential benefits ..... of industry. we have not been able to gather as to why even six years after the amendment has been brought to the definition of industry in section 2(j) of the act the same has not been brought into force. this court on more than one occasion has indicated that the position should be clarified by an appropriate ..... or regal functions of the state. such service to the people at large, in my opinion, comes within the ambit of the expression industry as defined in section 2(j) of the act.' the finding runs contrary to the conclusion. if in the opinion of the learned judge, it was difficult to hold that the activities did not fall within .....
Tag this Judgment!Court : Gujarat
Decided on : Apr-07-2003
Reported in : AIR2004Guj124
..... the purpose of a town planning scheme or development plan shall be deemed to be land needed for a public purpose within the meaning of the land acquisition act, 1894. section 84 only contemplates a special class of cases in which the land which is included in a town planning scheme is needed by the state government for a ..... 2) the owner of each plot included in the final scheme shall be primarily liable for the payment of the contribution leviable in respect of such plot. section 67 of the act makes provisions for certain adjustments and it reads thus:-'67. the amount by which the total value of the plots included in the final scheme with all the ..... of india `taxation' includes imposition of any tax or impose, whether general or local or special and 'tax' shall be construed accordingly. it was submitted that sec.76 of the said act which lays down the mode of recovery also makes any sum of incremental contribution recoverable as if the amount thereof were a property tax. this is indicative of .....
Tag this Judgment!Court : Gujarat
Decided on : Apr-02-2003
Reported in : (2003)2GLR1755
..... justify the action of termination before the labour court that he has terminated the services of the workman concerned in accordance with the provisions of section 25f of the act and that there is genuine justification to terminate the services of the workman. in the facts of the present case, the petitioner-municipality ..... of a probationer would also amount to retrenchment. admittedly, the requirements of section 25f of the industrial disputes act had not been complied with in these cases. counsel for the appellant did not very appropriately dispute before us that the necessary consequences ..... probationer. in that case also, the supreme court has held :'13. once, the conclusion is reached that retrenchment as defined in section 2(oo) of the industrial disputes act covers every case of termination of service except those which have been embodied in the definition, discharge from employment or termination of service .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-31-2003
Reported in : (2004)2GLR1117
..... and pass order on that application assigning reasons for forming his opinion keeping in view rule 13 of appeals rules. it is pertinent to note that section 409 of the act prescribes even appointment of expert valuer upon any party to the appeal making an application for the said purpose before evidence as to value is adduced ..... in case of application being made for additional evidence and his suo-motu power to call for additional evidence. as observed earlier, even provisions of section 418 of the act confers suo motu for exercise of such power by the judge. rule 12 of appeals rules requires party desiring to lead additional evidence to make application ..... of the said court. this appeal can be filed subject to certain restrictions which have been enumerated in subsection (2) of section 406. section 411 of the act deals with appeals to the civil appellate court. section 2 (8a) defines 'civil appellate court'. civil appellate court means in the case of city of ahmedabad the high court and .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-31-2003
Reported in : (2003)183CTR(Guj)364; [2003]262ITR146(Guj)
..... mr. p.g. desai, learned counsel appearing on behalf of the petitioner, contended that :(a) the tribunal had wrongly exercised jurisdiction under section 254(2) of the act;(b) section 254(2) of the act only permitted amendment of an order with a view to rectifying a mistake apparent from the record, and the said provision did not permit ..... facts of the case, it could not be stated that it was binding precedent which would require the tribunal to exercise power under section 254(2) of the act;(i) under section 254(2) of the act the tribunal cannot obliterate its earlier findings/reasonings/order and though the order may change, i.e., outcome or conclusion may change, ..... tribunal. a bench of the tribunal shall consist of a judicial member and accountant member, however, depending on the monetary limit stipulated in sub-section (3) of section 255 of the act, it would be open to the president of the tribunal or any other member authorised in this behalf by the central government to sit singly .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-21-2003
Reported in : [2004]51SCL691(Guj)
..... contrary is misconceived since it proceeds on the assumption that on the winding up, a company dies and ceases to exist.9.24a in sub-section (2) of section 441 of the companies act, the words are 'shall be deemed to commence' instead of 'shall commence' indicate that although the winding up of a company does ..... will have to be made whether the mortgage in favour of the central board of trustees would amount to a fraudulent preference within the meaning of section 531 of the companies act. mr. r.m. gandhi, learned advocate who appeared for the regional provident fund commissioner, urged that the properties of the company were already ..... the said three depositors amongst other depositors and these flats are sold without adequate consideration. in view of the same, transaction is void under section 531a of the companies act, 1956.4.18 the learned counsel for the official liquidator further submitted that the aforesaid facts clearly establish beyond doubt that the transaction in question .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-21-2003
Reported in : [2004]118CompCas27(Guj)
..... contrary is misconceived since it proceeds on the assumption that on the winding up, a company dies and ceases to exist.112. in sub-section (2) of section 441 of the companies act, the words are 'shall be deemed to commence' instead of 'shall commence' indicate that although the winding up of a company does not ..... will have to be made whether the mortgage in favour of the central board of trustees would amount to a fraudulent preference within the meaning of section 531 of the companies act. mr. r.m. gandhi, learned advocate who appeared for the regional provident fund commissioner, urged that the properties of the company were already ..... the said three depositors amongst other depositors and these flats are sold without adequate consideration. in view of the same, the transaction is void under section 531a of the companies act, 1956.34. learned counsel for the official liquidator further submitted that the aforesaid facts clearly establish beyond doubt that the transaction in question is .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-20-2003
Reported in : [2003]261ITR113(Guj)
..... of the opinion that the assessee is neither an industrial undertaking nor does the business of hatchery carried out by the assessee fall within the meaning of section 32a and section 80j of the act.'53. in the present case, the application of mechanical methods only removed the steel plates and other objects which were existing on the ships, which ..... of the price are concurrent conditions. the seller gets a right to sue for the price when property in goods has passed under section 49 of the english act (similar to section 55 of the indian act). thus, when the price became payable on transfer of the property in the ship when the risk passed on delivery, the seller ..... held that the application for grant of a certificate of exemption from deduction of tax at source could not have been made under any other provisions of the act except section 195(2), and that the respondent was right in declining to grant any exemption certificate to the petitioner. (d) the decision of the supreme court in .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-20-2003
Reported in : 181(2003)CLT134
..... the opinion that the assessee is neither an industrial undertaking nor does the business of hatchery carried out by the assessee fall within the meaning of sections 32a and section 80j of the act.'in the present case, application of mechanical methods only removed the steel plates and other objects which were existing on the ships, which would not ..... of the price are concurrent conditions. the seller gets a right to sue for the price when property in goods has passed under section 49 of the english act (similar to section 55 of the indian act). thus, when the price became payable on transfer of the property in the ship when the risk passed on delivery, the seller ..... that the application for grant of a certificate of exemption from deduction of tax at source could not have been made under any other provisions of the act except section 195(2), and that the respondent was right in declining to grant any exemption certificate to the petitioner.(d) the decision of the supreme court in transmission .....
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