Court : Gujarat
Reported in : AIR1990Guj105; [1992]73CompCas209(Guj); (1985)1GLR57; (1990)1GLR628; (1990)1GLR628
..... any matter within the competence of the board subject to general and special directions of the board (section 20). chapter iii relates to the power and duties of the board which includes sections 29 and 31 of the act. section 24 provides for the general duty of the board and it reads as under : '24. the ..... board in discharging its functions under this act shall act on business principles, due regard being had by it to the interests of industry, commerce and the general public.' sections 24 to 32f of chapter iii indicate the scope in brief by their marginal notes which read as follows : section ..... right to compensation for termination of contract ofmanaging agent, managing director, etc.32e application of act 1 of 195632f restriction on filing of suits for dissolution, etc.,of an industrial concern not being a company when itsmanagement is taken over. 7. chapter v contains miscellaneous provisions. section 39 provides that in the discharge of its functions, .....
Tag this Judgment!Court : Gujarat
Reported in : (1989)2GLR1014
..... (dl. 1-3-1982) for prevention of adulteration at retail outlets. the same are also found in annexure '11' to the impugned order by way of chapter v. it is at page 97. it reads as under:prevention of adulteration at retail outlets motor spirit:1. individual oil company/joint inspection teams should carry out ..... petitioner is that the respondent-corporation is bound to follow the executive instructions issued by the government and the division bench has also held that if the corporation acted contrary to the binding instructions issued by its principal, namely the government; the 'action would be arbitrary and subject to challenge under article 226 of the ..... parties were considered (1) promissory estoppel, (2) where the contractentered into between the person aggrieved and the state is in exercise of a statutory power under certain act or rules framed thereunder and the petitioner alleges a breach on the part of the state, and (3) purely a non statutory, purely contractual case for breach .....
Tag this Judgment!Court : Gujarat
Reported in : (1986)54CTR(Guj)272; (1987)1GLR3; [1986]162ITR28(Guj)
..... assessees and required by auditors for purposes of commercial audit less for tax audit. the fact that the impugned section 44ab was placed on the statute book by the finance act, 1984, and was not made effective till april 1, 1985, coupled with the rules being published for the first time on january 31, 1985, as rightly contended ..... assessment year or 30th june, whichever is later. it should be noted that the impugned provision, namely. section 44ab, has been put on the statute book by the finance act no. 49 of 1984, but has been made effective from april 1, 1985, while the rules were published on january 31, 1985, and they have been also made ..... record of accounting and what would be the mechanics of accounting are also indicated by the institute of chartered accountants of india in the monograph of compulsory maintenance of accounts, chapter-4, paragraph 4.13.2 is instructive. it reads as under : '4.13.2. vouchers or documentary evidence. - the reliability placed on accounts prepared by a .....
Tag this Judgment!Court : Gujarat
Reported in : (1986)1GLR356; (1986)IILLJ238Guj
..... is implicit in the rule to hold an enquiry before the employee could be discharged under rule 44. this conclusion is strengthened by the provision contained in chapter vii of the rules, which deals with conduct, discipline and appeals. rule 120 enumerates penalties which can be imposed on employee who commits wilful breach of ..... shares etc. shall apply to each such director.' '142. corporation director. so long as any moneys be owing by the company to any finance corporation or credit corporation or to any financing company or body (which corporation or body is hereinafter in this article referred to as 'the corporation'), who may have advanced any loan to ..... the instrumentality or agency of the corporation was resorted to in these cases having regard to the nature of the task to be performed. the corporation acting as instrumentality or agency of government would obviously be subject to the same limitations in the field of constitutional and administrative law as government itself, though .....
Tag this Judgment!Court : Gujarat
Reported in : (1986)2GLR910
..... this that section 25-fff has been inserted by an amendment of the industrial disputes act by act 18 of 1957 and it is not necessary for us to trace the history of the insertion of chapter v-a in the central act by amendment act 47 of 1953 and later on of section 25-fff with other provisions...the ..... that section 25-fff has been inserted by an amendment of the industrial disputes act by act 18 of 1957 and it is not necessary for us to trace the history of the insertion of chapter v-a in the central act by amendment act 47 of 1953 and later on or section 25-fff with other provisions...(emphasis supplied ..... appropriate cases like the present one where the trustees fail to obey the lawful-directions of the settlement without obtaining appropriate directions from competent authority under the aforesaid act. the high court, before exercising the jurisdiction would certainly consider whether it should exercise such jurisdiction or should relegate the parties to the special machinery provided under .....
Tag this Judgment!Court : Gujarat
Reported in : (1985)2GLR664
..... produced steel materials at competitive prices against valid import licences'. paragraph 1 of the said announcement mentions that in terms of the provisions of paragraph 222(1) of chapter 20 (special provisions) of the import and export policy, april 1983-march 1984 (volume 1 - imports and export promotions), the scheme for supply of certain categories ..... held that the petitioners had done whatever was required to be done by them. they had procured the release order in time. one hand of the government acting in the joint controller's office committed some blunders because of the lackadaisical fashion in which the things are handled there. it forgot to mention about the ..... with the public, whether by way of giving jobs or entering into contracts or issuing quotas or licences or granting other forms or largess, the government cannot act arbitrarily at its sweet will and, like a private individual, deal with any person it pleases, but its action must be in conformity with standard or norm .....
Tag this Judgment!Court : Gujarat
Reported in : (1985)1.GLR57
..... the parliament has power to pass a law providing for constitution of state financial corporations as it was done by the state financial corporations act, 1951. the state financial corporations conceived thereunder are financing bodies. it is also open to the parliament in exercise of the power covered by this field of entry to legistate on incidental ..... of the bombay land revenue code. the first of these is to appoint one and the same person to any two or more of the offices mentioned in chapter ii. the deputy collector may be appointed simultaneously as an additional collector or a district collector. an assistant collector may be appointed simultaneously as a deputy collector ..... state government to appoint one and the same person, being otherwise competent according to law, to any two or more of the officers provided for in this chapter or to confer upon an officer of one denomination all or any of the powersor duties of any other officer or officers within certain local limits or otherwise .....
Tag this Judgment!Court : Gujarat
Reported in : (1984)2GLR1244
..... 74 by which the requirement of periodical retirement by rotation is dispensed with in cases of specified societies.(ii) by the impugned amending act of 1981 sections 74a, 74b and 74c and chapter xi-a have been newly inserted.(iii) section 74a prohibits the designated officer which means any chairman, president and any other officer ..... in the form of other indirect benefits such as preferential treatment accorded to the co-operatives, exemptions from the corporate tax into a certain extent and concessional finances from the various financial institutions; these are a few of the various support measures extended by the government. i say further, that the membership of a ..... official gazette of the central government. 13 members of the committee were to be appointed so as to include one representative each of the education ministry, finance ministry of the union government and three members from amongst the former presidents of the society and the remaining to be the eminent members in the field .....
Tag this Judgment!Court : Gujarat
Reported in : 1985ACJ867; AIR1984Guj69
..... during the course of investigation can be treated as a public document or not. a few relevant sections of the evidence act 1872 are required to be noted in this connection. section 61 of the act is placed in chapter v which deals with production of evidence. it provides that the contents of documents may be proved either by primary or ..... farmer's part by simply alleging and proving that they had committed breach of the provisions of s. 44 of the said act. in this connection, it is profitable. to have a look at the observations found in chapter 15 of charles worth on negligence, 6th edition in connection with statutory duty- and breach. at page 654 is found an ..... dangerous thing is liable if there be negligence on his part. negligence in this connection means that the act of a stronger is one which the owner ought reasonably to have foreseen and guarded against, but has failed to do so.'in chapter 9 of the same work is discussed the principle underlying the decision in rylands's case ((1868) .....
Tag this Judgment!Court : Gujarat
Reported in : 1984(3)ECC25; 1983(14)ELT1763(Guj); (1983)2GLR1108
..... . 339) the aforesaid observations made in the english cases have been approvingly quoted by the supreme court while explaining the juristic basis of provisions contained in chapter v of the contract act, in the case of mulamchand v. state of madhya pradesh, : [1968]3scr214 . from this it should be clear that the underlying object of section ..... to bear the burden of further taxation in future or will have to suffer the consequences of most imperceptible and inequitable form of taxation, that is, deficit financing. 34. while resolving this question of prevention of unjust enrichment either that of state or that of manufacturers and/or businessmen, this socio-economic perspective as ..... tax but will also be subjected to further doses of indirect taxation or will have to suffer consequences of most inequitable and imperceptible form of taxation - deficit financing. an insult will be added to the injury. 3. on account of the orders of court - the court which is respected by the people because they .....
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