Court : Gujarat
Decided on : Nov-06-2006
Reported in : (2007)1GLR190
..... to be charged therefor.4. shri m.s. shah, learned counsel for the petitioner, submits that sub-section-(2) of section-39 is subject to sub-section (4) of section-39 of the act, which provides that all rules made under section-39 shall be laid for not less than thirty days before the state legislature as soon as possible after ..... fee must be held to be valid. the argument raised by the learned counsel for the state runs contrary to sub-section-(4) of section 39 of the act, which provides that all rules made under section-39 shall be laid for not less than thirty days before the state legislature for its approval or rescission. present is ..... state government cannot gainsay the authority of the state.10. in view of the aforesaid discussion, especially, non-framing of the rules under section 39(2)(b), read with section 39(4), of the act, and the directions issued by the central government, through the archaeological department of the state government, to the upperkot development committee, i .....
Tag this Judgment!Court : Gujarat
Decided on : Nov-03-2006
Reported in : 2008ACJ186; (2007)2GLR1328
..... mac petition no. 174 of 2000. 3. appellant - javatiben jetabhai mali (hereinafter referred to as the original claimant) filed claim petition under section 163a of the act claiming compensation of rs. 4,61,000/-. on 18/10/1999, the original claimant was travelling in a jeep driven by respondent no. 1, owned by ..... thought it fit to take up the appeal for final disposal, as already indicated in our order dated 06/07/2006.2. this appeal under section 173 of the motor vehicles act, 1988 is directed against the judgment and award dated 16/02/2006 of the motor accident claims tribunal (main) banaskantha at palanpur dismissing the ..... permanent partial disablement and percentage of loss of earning capacity shall be as per schedule i under workmen's compensation act, 1923.6. schedule-i under the workmen compensation act, 1923 reads as under:schedule-1 [see sections 2(1) and (4)(part-1list of injuries deemed to result in permanenttotal disablement)sr. description of injury .....
Tag this Judgment!Court : Gujarat
Decided on : Nov-03-2006
Reported in : (2007)3GLR2710
..... case. it may be pertinent to add and observe that the state government, while prescribing the minimum rates of wages in scheduled employment under the minimum wages act, 1948, usually provide for payment of full wages in case the hours of work exceed five hours per day. therefore, ideally, a part-time employee working ..... requirement for public employment is respected, there cannot be much difficulty in coming to the conclusion that it is ordinarily not proper for the courts whether acting under article 226 of the constitution or under article 32 of the constitution, to direct absorption in permanent employment of those who have been engaged without ..... is available and work is permanent in nature, then to terminate the service of such employee which amounts to unfair labour practice by the state authority, who has acted as a private employer. he relied upon the decision of apex court (i) mineral exploration corporation employees' union v. mineral exploration corporation ltd. and anr. : .....
Tag this Judgment!Court : Gujarat
Decided on : Nov-02-2006
Reported in : [2008]296ITR143(Guj)
..... from the said judgment of the apex court, it would be clear that in a case where the mistake is apparent from the record, powers under section 154 of the act could always be exercised. in the present matter, the assessing officer, in view of the debatable issue relating to deduction or disallowance of the deductions, could ..... rs. 4,700 by disallowing the incentive bonus of rs. 11,578 and assessed the income at rs. 52,822. the assessee moved an application under section 154 of the act for rectification as deduction of conveyance allowance and incentive bonus was not to be carried out, the application was partly allowed vide order dated february 12, 1990 ..... took up the matter before the tribunal.3. the tribunal, after hearing the parties, took the view that as the matter was debatable, powers under section 143(1)(a) of the act could not be exercised though other proceedings were available to the assessing officer. the tribunal, accordingly, quashed the order passed by the assessing officer.4. .....
Tag this Judgment!Court : Gujarat
Decided on : Oct-13-2006
Reported in : (2009)22VST564(Guj)
..... s. bpco industries ltd. for determination of tax payable on 'tool-bits' and yet another order dated august 13, 1991 passed on a similar application filed under section 62 of the act by the learned deputy sales tax commissioner (law), gujarat state. in both the matters, the deputy sales tax commissioners, after giving their thoughtful consideration to the facts, ..... be a part of machinery for purposes of entry no. 16(1) of schedule ii, part a read with entry 36 of government notification issued under section 49(2) of the act. according to him, when these items have not been classified as machinery for the purpose of entry no. 16 or as tool or alloy and special ..... , being dissatisfied with the said order, made an application for reference, the same was allowed and a reference has been made to this court under section 69 of the gujarat sales tax act, 1969 for its opinion on the following question:whether, on the facts and circumstances of the case, the decision of the gujarat sales tax tribunal .....
Tag this Judgment!Court : Gujarat
Decided on : Oct-10-2006
Reported in : (2007)1GLR213
..... entry of specified goods into local areas rules, 2001.1 to 4...5. reduction in tax liability.the amount of tax shall be reduced under sub-sections (1) and (2) of section 4 of the act, subject to the following conditions, namely:(i) the importer shall produce before the assessing authority,__(a) the purchase invoice, along with a copy thereof ..... imported and payment of sales-tax/tax thereon, and as stated hereinabove, on payment of entry tax fixed as aforesaid and considering the reduction as mentioned in section 4 of the act, an importer would be at par with a local dealer. in view of the clear position obtained in the case, the contention on behalf of the petitioner ..... was levied on vehicles manufactured in the state is concerned, it is required to be noted that in the said provisions there was no such provision like section 4 of the gujarat act and therefore the karnataka high court held the said provision and levy was ultra vires the article 301 and 304(a) of the constitution. in fact, .....
Tag this Judgment!Court : Gujarat
Decided on : Oct-10-2006
Reported in : AIR2007Guj27
..... . the gujarat essential articles (licensing, control & stock declaration) order, 1981 relates to distribution of kerosene. when the state government promulgates an order under section 3, read with section 7, of the essential commodities act, 1955, then, the order would bind the state government on one side and all persons affected by the said order on the other side. for ..... revocation of the license. in a case where the license is rejected, then, such a licensee would have a right of appeal under the essential commodities act, 1955 and thereafter, he would be entitled to file a revision before the revisional authority, as provided under the provisions of the essential commodities ..... act, 1955. when the law itself provides for a complete scheme of appeals and revisions, then, simply on an apprehension that the license is likely to be revoked .....
Tag this Judgment!Court : Gujarat
Decided on : Oct-10-2006
Reported in : AIR2007Guj23
..... of the applicant about determination of right of the plaintiff to prefer the present admiralty suit in absence of registration of partnership deed and requirement of fulfillment of section 69 of the partnership act and applicability of rules framed by high court of bombay in case of admiralty proceedings do not require any further scrutiny since the court is satisfied on other ..... of fact, would result in a lopsided trial of the suit.though there has been a slight amendment in the language of order 14 rule 2 cpc by the amending act, 1976 but the principle enunciated in the abovequoted decision still holds good and there can be no departure from the principle that the code confers no jurisdiction upon the court .....
Tag this Judgment!Court : Gujarat
Decided on : Oct-07-2006
Reported in : (2007)1GLR735
..... required for the lower authority to examine the status of the petitioner as that of the tenant and ought to have decided the matter itself under section 32g of the act. he further submitted that as the lower authorities have not considered the aforesaid aspect of examining the status, this court in the present petitions may ..... land in question and, therefore, on 30th september, 1978 the mamlatdar passed the order, whereby the mamlatdar observed that until the claim is made under section 70(b) of the act for declaration of the status as tenant and until the said aspect is decided, no further order is required to be passed and, therefore, the ..... the prant officer directed, nor the opponents therein who are petitioners herein approached the mamlatdar for declaration of their status as tenant by making application under section 70(b) of the act. however, it appears that somewhere in the year 1974-75 on the basis of the revenue record, the mamlatdar and alt initiated suo mottu proceedings .....
Tag this Judgment!Court : Gujarat
Decided on : Oct-06-2006
Reported in : 2007ACJ2029; (2007)1GLR793
B.J. Shethna, J.1. The appellant-United Insurance Co. Ltd. has challenged in this appeal the impugned judgment and award dated 7-5-1999 passed by the Motor Accident Claims Tribunal (Aux.), Panchmahals at Godhra (for short 'the Tribunal') in M.A.C.P. No. 607 of 1995 partly allowing the claim petition of the respondents-claimants.2. The claimant Shri Rameshbhai Somabhai Vankar belonging to the lower strata of society i.e. Vankar from Scheduled Castes met with an accident when he was going on his bicycle on 4-3-1995 at .4-30 p.m. near Limkheda bridge on Dohad-Godhra Highway by tanker No. G.J-2T-8543 which was driven in rash and negligent manner by its driver-Fuljibhai Gulabji Thakor. He was only 18 years old at the time of the accident doing Diploma in Agriculture after completing S.S.C. Because the tanker dashed with the claimant, he received serious injuries on his person. He became unconscious and was removed to S.S.G. Hospital, Vadodara. After 15 days of the treatment, he regained con...
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