Court : Gujarat
..... market committee not for death, resignation or disability but for withdrawal of candidatures of that particular category in a declared election will bring the case within the purview of section 15 of the act.? 5. mr shalin mehta, the learned senior advocate appearing on behalf of the petitioner, has strenuously contended before us that having regard to the fact that there was ..... constituencies are held but election of traders constituency is not held, in such circumstances, neither sub-section (2) nor sub-section (3) of section 11 will have any role to play. as a necessary consequence, it would be required for the director of agricultural marketing and rural finance, who is authorized under rule 4 to fix different stages of election and to publish the .....
Tag this Judgment!Court : Gujarat
..... of imprisonment for life and to pay fine of rs.5,000/- and in default to undergo imprisonment for further five months as well as his conviction under section 135 of the bombay police act and imposing punishment of imprisonment for six months, whereas, criminal appeal no. 2079 of 2006 is filed by the state, challenging the acquittal of original accused ..... there was a sudden quarrel, modified the conviction of the accused no.1 from section 302 to section 304 (ii) of the indian penal code. 20. in the case on hand also, from the evidence of p.w.-6, p.w.-7 and p.w.-8 ..... which the deceased expired, subsequently. the trial court as well as the high court held the accused no.1 guilty for the offence of murder and convicted him under section 302. being aggrieved there by the accused no.1 approached the honble apex court and the apex court, taking into consideration the facts and circumstances of the case that .....
Tag this Judgment!Court : Gujarat
..... (including the provisions of part iii) made or purporting to have been made under this article whether before or after the commencement of section 55 of the constitution (forty-second amendment) act, 1976 shall be called in question in any court on any ground. (5). for the removal of doubts, it is hereby declared ..... a state shall, by law, make provisions for co-option of persons to be members of the board having experience in the field of banking, management, finance or specialisation in any other field relating to the objects and activities undertaken by the co-operative society, as members of the board of such society: provided ..... authority cannot do something indirectly which it is not permitted to do directly and if there is a constitutional provision inhibiting the constitutional authority from doing an act, such provision cannot be allowed to be defeated by adopting a subterfuge. by the impugned constitutional amendment, according to the petitioner, the parliament, a creature .....
Tag this Judgment!Court : Gujarat
..... or authorised by the candidate or his election agent was much more than what had been disclosed by him in the return of expenditure lodged under section 78 of the act and that huge expenditure incurred in connection with the election had been suppressed. the supreme court in paragraph 66 made the following observations. we are ..... out for collecting contributions the pernicious influence of big money would then play a decisive role in controlling the democratic process in the country . according to section 78 of r.p. act, 1951, every contesting candidate is required to lodge a true copy of the account of his election expenses with the district election officer (deo) ..... political party, howsoever small, to be able to contest an election on a footing of equality with any other individual or political party, howsoever rich and well financed it may be, and no individual or political party should be able to secure an advantage over others by virtue of its superior financial strength .the other .....
Tag this Judgment!Court : Gujarat
..... zaudit of accounts of municipalitiessections 75 to 7911.243-zaelections to the municipalitiesthe gujarat municipalities conduct of election) rules, 1994 framed under section 277(1) read with section 6(5) of the act of 1963 as amended.12.243-zdcommittee for district planningconstitution for the said committee vide gr no.dpc/152006/5603(2)/y dated ..... e.f. june 1, 1993 incorporated part-ixa in the constitution imposing the modalities of functioning of the municipalities including its duration, election, power of financing etc., according to article 243zc, the above part-ixa shall have no application to the scheduled areas referred to in clause (1) and tribal areas ..... in this part, any provision of any law relating to municipalities in force in a state immediately before the commencement of the constitution (seventy-fourth amendment) act, 1992, which is inconsistent with the provisions of this part, shall continue to be in force until amended or repealed by a competent legislature or other .....
Tag this Judgment!Court : Gujarat
..... judgment dated 8th november 2011 in the case of employees provident fund commissioner vs. official liquidator of esskay pharmaceuticals reported in [2011] 10 scc 727, section 11 of the act creates a statutory charge over the property of the defaulting establishment and it overrides the claim of the secured creditor and the financial institutions. m/s. ..... no further step shall be taken by him for transfer or sale of that secured asset. (9). in the case of financing of a financial asset by more than one secured creditors or joint financing of a financial asset by secured creditors, no secured creditor shall be entitled to exercise any or all of the rights conferred ..... on him under or pursuant to sub-section (4) unless exercise of such right is agreed upon by the secured creditors representing .....
Tag this Judgment!Court : Gujarat
..... of the owners in respect of such undertakings in order to re-organise and re-construct such undertakings into viable units. according to section 3(1) of the act, every specified textile undertaking and the right, title and interest of the owner in relation to every such textile undertaking, shall stand transferred ..... not to be ordinarily disturbed by the court as it may upset the balance and cause avoidable ripples in other cadres as well. (vide: secretary, finance department and ors. vs. west bengal registration service association and ors. and state of haryana and anr. vs. haryana civil secretariat personal staff association. nevertheless ..... the eleven specified textile mills, which stood transferred and vested in the respondent-corporation, pursuant to the enactment of the gujarat closed textile undertakings (nationalization) act, 1986. therefore, the respondent-corporation is the real owner of all the eleven specified textile mills. 9.1 learned counsel dr. sinha submitted that the .....
Tag this Judgment!Court : Gujarat
..... to exercise his power of quashing of the appointment of an officer on the ground that such appointment is made in violation of the act. in our opinion, section 7 of the act authorizes the chancellor to cause inquiry in respect of any matter connected with the university and the sphere of such enquiry definitely extends to ..... transfer any movable or immovable property on behalf of the university; (x) to raise loans on the security of the assets of the university; (xi) to manage and regulate the finances, accounts and investments of the university; (xii) to institute and manage -- (a) printing and publication department, (b) university extension boards, (c) information bureau, and (d) ..... writ of quo-warranto. (university of mysore v. c.d. govinda rao, reported in air 1965 sc 491; alex beets v. m.a. urmese, reported in air 1970 kerala 312; b. srinivasa reddy vs. karnataka urban water supply and drainage board employees assn, reported in (2006) 11 scc 731 (ii); coop. central bank v. additional .....
Tag this Judgment!Court : Gujarat
..... refund and quantified the rate of interest to be the same as in section 11bb would not apply to the petitioners case as section 35ff has been introduced in the act by way of an amendment inserted with effect from may 10, 2008 by section 85 of the finance act, 2008 (18 of 2008). therefore, we clarify that the petitioner is ..... of central excise held that the interest was payable @ 6% per annum in terms of the said notification dated september 12, 2003 issued for the purposes of section 11bb of the act and, therefore, the petitioner seeks for clarification and/or modification of the judgment and order dated august 12, 2011 passed by this court to specify the rate ..... and honble justice dr. sambuddha chakrabarti) in cexa no.1 of 2008. it is the case of the petitioner that it had preferred an appeal under section 35g of the central excise act, 1944 against the order dated june 15, 2007 passed by the customs, excise and service tax appellate tribunal, east zonal bench, kolkata (hereafter the the .....
Tag this Judgment!Court : Gujarat
..... refund and quantified the rate of interest to be the same as in section 11bb would not apply to the petitioners case as section 35ff has been introduced in the act by way of an amendment inserted with effect from may 10, 2008 by section 85 of the finance act, 2008 (18 of 2008). therefore, we clarify that the petitioner is ..... central excise held that the interest was payable @ 6% per annum in terms of the said notification dated september 12, 2003 issued for the purposes of section 11bb of the act and, therefore, the petitioner seeks for clarification and/or modification of the judgment and order dated august 12, 2011 passed by this court to specify the rate ..... and honble justice dr. sambuddha chakrabarti) in cexa no.1 of 2008. it is the case of the petitioner that it had preferred an appeal under section 35g of the central excise act, 1944 against the order dated june 15, 2007 passed by the customs, excise and service tax appellate tribunal, east zonal bench, kolkata (hereafter the the .....
Tag this Judgment!