Court : Gujarat
..... passed by the deputy collector would lie before the collector,and the decision of the collector would be final. it is submitted that the deputy collector and collector have acted in contravention of the letter dated 24/25- january, 2012 of the commissioner, therefore, it is evident that the impugned orders, which are without jurisdiction, are bad ..... devolved upon the school management committees. 11. it is significant to note that after the coming into force of the right of children to free and compulsory education act, 2009, the state government has issued an amended government resolution dated 04.11.2011, which amends the government resolutions dated 22.03.2011, and 02.08.2011, ..... in his mind, or what he intended to do. public orders made by public authorities are meant to have public effect and are intended to affect the acting and conduct of those to whom they are addressed and must be construed objectively with reference to the language used in the order itself". orders are not like .....
Tag this Judgment!Court : Gujarat
..... any breach of contract. 9. in view of the aforesaid discussion, i do not find any substance in the contention the petitioners have no remedy under section 14 of the act of 1997. merely on that ground the petitioners cannot invoke jurisdiction of this court under article 226 of the constitution of india, especially when the decision ..... written by the petitioners addressed to respondent no.2, it is mentioned that site construction plan is ready but due to some unavoidable circumstances and acute shortage of finance, request was made for extension of time for construction for a period of one year and further requested to issue no objection certificate for getting the approval of ..... of appeal does not operate as a stay of proceedings under defence and in the present petition also, no stay has been granted. likewise, so far as section 115(3) of the civil procedure code is concerned, mere filing of revision would not operate as stay except when the suit or proceeding is stayed by the high court .....
Tag this Judgment!Court : Gujarat
..... finance corporation act, 1948, and such other financial or banking institution owned, controlled or managed by a state government or the central government, as may be notified in this behalf by the government. (2) every person having in his custody or maintaining such registers, books, records, papers, documents or proceedings shall, when so required by the officer authorized under sub section ..... and to take such notes and extracts as such officers deems necessary, and if necessary, to saize them and to impound them under section 33 of the act. sub section (2) of section 68 provides that every person having in his custody or maintaining such registers, books, records, papers, documents or proceedings shall, when so ..... can be impounded and when the required fee and penalty has been paid for such instrument it can be taken in evidence under section 35 of the stamp act. sections 33 or 35 are not concerned with any copy of the instrument and party can only be allowed to rely on the document .....
Tag this Judgment!Court : Gujarat
..... of part ix-a of the constitution as per the guidelines flowing there from. 4.5 as regards the alternative argument of mr. oza regarding section 47 and section 47.a of the act, mr. trivedi submitted that the state has, in fact, constituted a municipal service by declaring only seven different cadres, which are as under ..... aspects:- (i). while computing the income of the municipality, its revenue income, octroi grant and salary grant being received by the municipality from the government/municipal finance board shall be taken into consideration. (ii). while computing the salary bill of the municipality, the salary and allowances paid/payable to the employees on the ..... by or on behalf of the municipalities and also for the withdrawal of such moneys therefrom, as may be specified in the law. 243y. finance commission (1) the finance commission constituted under article 243-i shall also review the financial position of the municipalities and make recommendations to the governor as to- (a) the .....
Tag this Judgment!Court : Gujarat
..... rules. the seventh step in the process will be the submission of the preliminary scheme by the town planning officer to the state government under section 64 of the act. "section 64. submission of preliminary scheme and final scheme to government; the town planning officer shall submit to the state government for sanction the preliminary scheme ..... in this regard is totally devoid of substance, and deserves to be rejected. the submission of the learned counsel of the petitioners that section 48-a of the act confers upon the state government unguided power for taking possession of the land covered by the sanctioned draft town planning scheme rendering it arbitrary ..... the corporation. the state of gujarat, through its urban housing and urban development department, gandhinagar, vide its order dated 27th december 2006 issued under section 122 of the act 1976, delegated all its powers to the corporation for the purpose of preparing a draft town planning scheme and to implement the same. with a .....
Tag this Judgment!Court : Gujarat
..... to work out fresh arrangement. the same however, did not materialise. apprehending eviction, the petitioner moved the civil court for interim protection by filing arbitration application under section 9 of the arbitration and conciliation act, 1996. case of the respondent however, is that before moving the civil court the petitioner had already lost the possession. be that as it may, i am ..... the following decisions: 1) maria margarida sequeria fernandes and ors. v. erasmo jack de sequeria (dead) through lrs reported in air 2012 supreme court 1727. 2) deutsche post bank home finance limited v. taduri sridhar and another reported in (2011) 11 supreme court cases 375 : (air 2011 sc 1899). 3) u.p. rajkiya nirman nigam ltd. v. indure pvt. ltd. and .....
Tag this Judgment!Court : Gujarat
..... is submitted that what was claimed by the assessee was the business loss of rs.8,71,279/- from the income of the house property as provided under section 71 of the act. it is submitted that the learned assessing officer has materially erred in not properly appreciating the aforesaid fact. it is submitted that therefore, the learned cit(a) ..... tribunal was right in law in upholding the order of the lower authorities in not allowing set off of business loss against income from house property as provided under section 70 of the act? b. whether on the facts and in the circumstances of the case, the income tax appellate tribunal was right in law in passing an unreasonable order devoid ..... for the assessee that even the learned tribunal has not considered and / or dealt with the decision of the tribunal of delhi bench in the case of ito v. mokul finance (p.) ltd. [2009] 29 sot 11(uro) which was relied upon by the assessee. it is submitted that the same was required to be dealt with and considered .....
Tag this Judgment!Court : Gujarat
..... that another petition being specialcivil application no.3639 of 2008 preferredby kanchanben and 13 other petitionershas been dismissed wherein the challengewas to the notification under section 4 ofthe act, though for other parcels of land.4111.03.2011in special leave to appeal (civil) no.4339of 2011 preferred by the present petitionerchallenging the decision ..... haryana and others [supra], the supreme court made the following observations in paragraphs 6 and 7 of the judgment, regarding strict compliance of section 17 of the act. 6. the act has been enacted for the acquisition of land for public purposes and for companies. having regard to the provisions contained in article 300-a ..... nature could have been taken away only if conditions precedent for exercise of this emergency power stood satisfied. sub-section (4) of section 17 of the act is an exception to section 5-a of the act. an opinion of the government in this behalf is required to be formed if there exists an emergency. existence .....
Tag this Judgment!Court : Gujarat
..... with approximately 4000 sq mts. of built up area. 10. in the exercise of powers conferred by clauses (f) and (g) of sub-section (1) of section 26 of the university grants commission act, 1956, the ugc has made regulations called the ugc (affiliation of colleges by universities) regulations, 2009. regulation 3 provides for eligibility criteria for temporary ..... to refuse an affiliation with reference to any of the factors which have been considered by the ncte while granting recognition. that, in terms of section 14(6) of the act, the examining body shall grant affiliation to the institute where recognition has been granted. in other words, granting recognition is the basic requirement for grant ..... ed and m.ed course. 3. the facts of the case as averred in the present petition are that the petitioner, an educational trust, established a self-financed b.ed. and m.ed. college which is run in the name and style of saraswati mahila education college with an intake capacity of 100 and 35 students .....
Tag this Judgment!Court : Gujarat
..... for the advancement of objects of general public utility in terms of the fourth limb of the definition of 'charitable purpose' and, therefore, section 2(15) of the act was amended vide finance act, 2008 by adding a proviso which states that the 'advancement of any other object of general public utility' shall not be a charitable purpose ..... of any other object of general public utility.' however, subsequently and with effect from assessment year 2008-09 proviso to section 2(15) of the act has been added and section 2(15) has been amended by the finance act, 2008 by adding the proviso which states that the 'advancement of any other object of general public utility' shall ..... case the assessee can be denied exemption under section 11 of the act relying upon and/or considering the proviso to section 2(15) of the act is concerned so far as the amendment in section 2(15) of the act amended vide finance act, 2008 and insertion of proviso to section 2(15) of the act is concerned, as such the same has .....
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