Court : Gujarat
Decided on : Mar-20-2003
Reported in : (2003)181CTR(Guj)134
..... 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 .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-13-2003
Reported in : (2003)4GLR325
..... application no. 220/1974, which was dismissed by the labour court on the ground that the petitioner has not approached the employer as required under section 42(4) of the bombay industrial relations act ('bir act for short), before filing the said application and also on the ground that the application was barred by limitation. the said order was passed by ..... arrived at between the employer and the employee within 15 days and if the time is not extended, a dispute comes into existence within the meaning of section 79(3) of the act. the said period of limitation for filing an application for a decision on the said decision is three months after arising of dispute. in absence of a ..... court has not gone into that aspect. the fact still remains that the application was not moved by the applicant within the prescribed time limit as envisaged under section 42(4) of the act and rule 53(2) of the rules. if the date of termination is considered to be 18-8-1971, the first application was moved by the .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-13-2003
Reported in : (2004)1GLR676
..... charge of the police station under the code of criminal procedure and he being apparently busy with the duties under the code, the officers mentioned in section 53 of the act have been mandated to take action for disposal of the seized narcotic drugs and psychotropic substances by filing an application which, when filed, has to ..... and the seized articles are referred to the 'officer in charge of the nearest police station', a distinct agency, then the 'officers contemplated under section 53' of the act comes into the picture which requires the taking of sufficient safeguards to protect the seized property in the interests of the arrested persons.the distinction is ..... a search of a person as distinguished from search of any premises etc. however, if the empowered officer, without any prior information as contemplated by section 42 of the act makes a search or causes arrest of a person during the normal course of investigation into an offence or suspected offence and on completion of that .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-13-2003
Reported in : (2004)2GLR942
..... of 1994.2.1. at the trial the ld. judge proceeded against the accused in a summary way as provided under clause (f) of sub-section (1) of section 12aa of the act and recorded their plea by reading out the accusation levelled against them. it may be noted here that while recording the plea of the appellant as ..... the prosecution has even not produced any material to show that the cooking gas is declared to be an essential commodity as provided under clause (a) of section 2 of the act, nor the prosecution has shown that for maintaining or increasing supplies of essential commodity, namely the cooking gas or for securing equitable distribution and availability at ..... particular order committed by the appellant. it is, therefore, difficult to believe and accept that the appellant has contravened the provisions of any order issued under section 3 of the act. if the prosecution is unable to prove the contravention of provisions of order issued u/s. 3, no offence can be said to have been committed .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-12-2003
Reported in : (2003)4GLR252
..... rectify any defect or irregularity pointed out by the auditor. it also empowers the registrar to make order directing the society or its officers to remedy the defects. section 86 of the act empowers the registrar himself or by a person authorized by him to hold an inquiry into the constitution working and financial condition of a society of his own motion ..... a special provision, the liquidator could not have made an order of recovery under section 110 of the act.' mr.patel has submitted that provisions under section 96 of the act are also general provisions. considering the special provisions contained in section 93 of the act, the suit under section 96 of the act was not maintainable. i am unable to agree with this contention also. it is .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-11-2003
Reported in : (2003)2GLR1281
..... to the knowledge of the original petitioner-board that whatever stated by the respondent-workman in his affidavit is not true and only to get benefit of section 17b of act, a false affidavit with respect to his unemployment is filed by him. it is further averred that the respondent actually is running his auto rickshaw ..... in any other establishment and receiving adequate remuneration from the employer and even though claiming last drawn wages from the old employer and that is how section 17b of the act has been enacted with a clear object that if the workman remains unemployed during such period, then workman is entitled to last drawn wages inclusive ..... in my view, therefore, simply because the petitioner is having some agricultural land or is cultivating the land, is no ground for denying him benefit of section 17b of the act, especially when the government has failed to show that the respondent is in employment of particular employer.' 15. in view of the observations made by the various .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-05-2003
Reported in : (2003)2GLR1066
..... safibhai, reported in : [1964]5scr157 will be a useful guide though the case which the apex court dealt with was under the bombay rent act, revision was permissible under section 29 of the said act. the supreme court in paras 15 and 16 of the decision observed as under : '15. the question which then arises : had the high ..... so as to consider whether it related to the main object of the society or touching its business. this court further observed that the expression 'touching' in section 167 of the act would mean, 'concerning'. if the question was regarding dispute between the member of the co-operative bank and the registered society with main objects of it, ..... precedes the term 'dispute' indicates that each and every dispute which touches the constitution, management or business of the society is covered by the provisions of section 96(1) of the act. this decision was relied upon to advance a contention that what type of dispute is covered by 'touching of business of the society'. 6.3 in .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-04-2003
Reported in : AIR2003Guj275; (2003)2GLR926; (2003)2PLR926; [2003]46SCL118(Guj)
..... the division bench of this court in the trade and merchandise marks rules, 1959 cannot take away the right of appeal conferred by sub-section (5) of section 109 of the t.m. act. as per the settled legal position, the delegated legislation such as rules under a statute contain procedural or machinery provisions, and therefore, the ..... practitioner before a labour court or tribunal except with the consent of the other parties and with the leave of the labour court or tribunal. section 30 of the advocates act, 1961 provides that every advocate shall be entitled as of right to practise in all courts and before any tribunal. there is, therefore, an ..... the high court. for instance, an order passed by a single judge or a larger bench under section 39 of the arbitration act, 1940 or section 202 of the companies act and other similar local or special acts. if these special acts could, without affecting the jurisdiction of the letters patent or overriding the same, provide a supplementary or additional .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-04-2003
Reported in : (2003)2GLR1522
..... and remanded the matter to the tribunal for deciding the question whether the word 'person' includes 'association of persons' and in absence of an application under section 8 of the ceiling act, the appellants are entitled to different units.2.6 the appellants were of the view that the remand was uncalled for, and therefore, submitted misc. ..... been decided by the court with reference to the statutory provisions and decided cases, if any. further, the question whether in absence of an application under section 8 of the ceiling act, the appellants would be entitled to different units is also a pure question of law and depends upon the answer to the question whether the word ..... to be one between firms, a hindu undivided family business and an individual as a firm required registration. it was noticed that the word 'persons' in section 4 of the partnership act contemplated only natural or artificial i.e. legal persons and a firm is not a 'person'. therefore, it has been held that to import the .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-04-2003
Reported in : AIR2003Guj214; (2003)1GLR745
..... and (2) whether a councillor, even if elected as a member of a committee, should be treated as a councillor alone for the purposes of section 37 of the act as section 37 of the act does not recognise a chairman or a member of any committee as a separate class.2. in order to answer the above-referred to issues, it ..... guilty of misconduct in the discharge of his duties or of any disgraceful conduct, or has become incapable of performing his duties as a councillor.'whereas section 23, sub-section (7) of the said act, which dealt with office of president and vice-president inter alia was as under :'...every president and every vice-president shall be removable from his ..... the division bench which decided the case of chimanbhai r. patel (supra) and the decision is rendered on the basis of the language of section 37 of the act and section 49(1) of the gujarat panchayats act, 1961.5.1 under the circumstances, the view taken by the division bench in the case of chimanbhai r. patel (supra) to the .....
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