Court : Gujarat
Reported in : (1967)8GLR856
..... company, in order that the acquisition may be valid, the appropriate government must comply with the provisions contained in chapter vii of the act. section 39 of the act says that, the provisions of sections 6 to 37 shall not be put into force to acquire land for any company unless the previous consent of the appropriate government has ..... first contention, it is necessary for us to narrate a few facts which came on our record in the affidavit of master, and to read a few sections of the act and a few rules.7. it appears from the affidavit of master that, he was working as the special land acquisition officer at baroda from 6th december ..... is to appoint master specially to perform the functions of a collector. in this connection, the learned advocate general first relies upon section 15 of the general clauses act. that section enacts that, where, by any central act a power to appoint any person to execute any function is conferred, then, unless it is otherwise expressly provided, any such .....
Tag this Judgment!Court : Gujarat
Reported in : (1976)17GLR382
..... belong to birla group of mills.3. on 13th june, 1967, a first information report alleging the offences under section 120b read with section 420 i.p.c., section 7 of essential commodities act and section 5(2) of act ii of 1947, was lodged against the management of these two mills and other mills which are spread over ..... or generally from the object sought to be achieved by the enactment.in municipal corporation of delhi v. birla cotton, spinning and weaving mills, delhi : [1968]3scr251 , the supreme court has pointed out what form the guidance should take in the following words:what guidance should be given and to what extent and ..... as under:the delhi special establishment is a central police delhi special police establishment act to invest offences corruption committed by officers or others in departments of does not confer any power to deal with cases government. it up and financed the government.(b) departments of the administrations in centrally administered states.it is considered .....
Tag this Judgment!Court : Gujarat
Reported in : (1997)3GLR2491
..... by way of punishment that the prior approval is necessary. in view of the position of law as it stands, and from the provisions of section 22 of the act and rule 41 of the rules it is clear that in the matter of termination simpliciter, approval of the director need not be there. but ..... hold the post on probation.3. i have given my thoughtful consideration to the submissions made by the learned counsel for the parties. section 22 of the gujarat agricultural produce markets act, 1963 provides for appointment of servants of a market committee and the conditions of their services. a secretary is to be appointed for ..... secretary, after selection, on probation. this appointment of the petitioner was subject to the approval of the director of agricultural marketing and rural finance, gandhinagar. the director of agricultural marketing and rural finance, gujarat state, gandhinagar, vide his office order dated 21-5-1986 approved the appointment of the petitioner. these facts are not in dispute .....
Tag this Judgment!Court : Gujarat
Reported in : AIR2007Guj81
..... , the state cannot take any action to control or regulate the use of the property.13. under the circumstances, it is held that as no notification under section 35 of the act has been issued in relation to the land in dispute, the same would not vest in the government of gujarat in accordance with the provisions contained in the ..... a position to convince the court that prior to 30th june, 1973, the state had issued any notification relating to 165 acres and 13 gunthas of land under section 35 of the act. if any action relating to the said land admeasuring 165 acres and 13 gunthas was not taken by the state prior to 30th june, 1973 under the ..... appeared in the court and submitted that in accordance with the notification (exh.81), the land has been declared as forest land and in accordance with section 35 of the indian forest act, 1927 (the act for short), they are entitled to take preventive action against the plaintiff. it was also submitted that the plaintiff can be restrained by them from .....
Tag this Judgment!Court : Gujarat
Reported in : AIR2007Guj181; (2007)2GLR1642
..... court.9. having heard the learned advocates for the parties, we find considerable force in the submissions made on behalf of the petitioners that section 11 of the act provides for three constituencies for electing 14 members to the a.p.m.c. apart from the other members to be nominated, 8 agriculturists ..... delay in the election process. as observed by another division bench of this court in kanubhai chhaganbhai patel v. director of agricultural marketing and rural finance (supra) the scrutiny of nominations and withdrawal of candidature are strictly time-bound under the statutory rules. if the high court interferes with the outcome ..... in vadodara district co-operative sugarcane producers' union ltd. v. chandrakantbhai thakorebhai patel and ors., and kanubhai chhaganbhai patel v. director of agricultural marketing and rural finance reported in : (2004)3glr2718 .it is submitted that the nomination forms specifically required following details to be mentioned in the column no. 7:occupation and .....
Tag this Judgment!Court : Gujarat
Reported in : [1985]58CompCas86(Guj)
..... may hardly be stated that these banks not only desired but have proceeded to realise their security by filing four suits in this court under sections 446(2)(a) of the companies act as per permission granted by me in company applications nos. 138 of 1984, 169 of 1984, 170 of 1984 and 171 of 1984. ..... be enforced. should it be at the end after the provisional liquidator or the liquidator has actually incurred the expenses for preserving the security by getting finance from the secured creditors themselves who would remain ultimately liable to reimburse these expenses in my view, it would be taking too truncated and unrealistic a ..... banks, viz., (i) central bank; (ii) syndicate bank; (iii) united commercial bank and (iv) bank of madurai; while the four financial institutions are (i) industrial finance corporation of india (hereinafter referred to as 'ifci'); (ii) industrial credit and investment corporation of india (hereinafter referred to as 'icici'); (iii) industrial development bank of india .....
Tag this Judgment!Court : Gujarat
Reported in : 1991(33)ECC224; 1991LC511(Gujarat); 1991(52)ELT222(Guj); (1991)2GLR1013
..... to the manufacturers of vanaspati or soap, if they used certain types of minor oils in production of those items. while introducing budget for the year 1987-88, the union finance minister made the following speech in this behalf : . . . . . . . . . . . . last year, we introduced a system of rebate in excise duties for vanaspati and ..... utilise the credit so earned for payment of excise duty on the manufacture of the final product. 6. in order to achieve the object of inserting section aaa in chapter v the government issued certain notifications under rule 57k. the relevant notification issued on 1-3-1987 with respect to manufacture of vanaspati/ ..... that statutes should not be construed so as to create new disabilities or obligations or impose new duties in respect of transactions which were complete at the time the amending act came into force. . . . . . . . . . . ..' 14. he also relied upon similar observations made by the supreme court in govinddas v. income-tax officer, air 1977 sc .....
Tag this Judgment!Court : Gujarat
Reported in : (1976)17GLR1017
..... it is the basic postulate of the constitution that judiciary should be wholly independent of executiveand that the founding fathers by various provisions india act, 1935, deals with the high courts. section 220(2) provides for appointment of high court judge by his majesty by warrant under the royal sign manual and then proceeds to ..... article 222(1) of the constitution, a reference to the legislative history with regard to the judiciary will not be out of place. section 220(1) of the government of india act, 1935 provided so far relevant that 'every high court shall be court of record and shall consist of a chief justice and such ..... requiring judicial approach.51. even in the decision in jagdish pandey v. chancellor, bihar university : [1968]1scr231 the question had arisen as to the true interpretation of section 4 of the university of bihar, bhagalpur and ranchi (amendment) act, 1962 under which the chancellor was said to have been conferred unanalyzed powers without indicating any criterion, .....
Tag this Judgment!Court : Gujarat
Reported in : AIR2004Guj102; (2003)3GLR2563
..... and hence subsequent application for the said relief could not be entertained. further that since the alleged deed of agreement to sell is against the provisions of section 43 of the tenancy act, there was no question of passing any decree for specific performance.4. the trial court, on completion of the pleadings, framed as many as 39 ..... deleting name of kiritbhai vyas. he has stated that because on the next day of the execution of the document kiritbhai had expressed his inability to contribute necessary finance for the purchase of the land and had requested to drop him from the transaction, they had permitted him to retire and accordingly, from the document his ..... evidence has stated that name of kiritbhai was scored off from the document on the next day because he had expressed his inability to contribute his part of finance required for purchase of the suit land. whatever the material effect of withdrawal of kiritbhai from the transaction was there, it was on the plaintiffs because they .....
Tag this Judgment!Court : Gujarat
Reported in : (1997)2GLR1593
..... . however, in the present case, i find that against the order of the director, remedy of revision is available to the petitioner under section 48 of the act. section 48 of the 1963 act reads as under:48. powers of state government to call for proceedings of market committee and to pass orders thereon: the state government may ..... have put any restrictions on its rights. reference in this respect has been made by the counsel for the petitioner to section 10 of the gujarat agricultural produce markets act, 1963. section 10 of the act provides that every market committee shall be a body corporate by such name as the director may specify by notification in the ..... order of the director of agricultural marketing and rural finance, gujarat state, gandhinagar, dated 26th april, 1985, declining to grant permission to the petitioner to sell 54 shops as proposed by it.2. the counsel for the petitioner contended that the director has no powers under section 44 to pass such order. the market committee has .....
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