Court : Gujarat
..... all the relevant facts of the case, an alternative and efficacious remedy by way of an appeal before the national environment appellate authority constituted under section 11 of the neaa act, 1997 is available to the petitioner. it is stated that any person aggrieved by an order granting environmental clearance in the area in which ..... .1.2010, the authority concerned could not have said that public hearing for the existing plant was held on 12th june, 2007 and therefore, the same is exempted for the proposed expansion as per section 7, clause (ii) of eia notification of 2006. according to mr. oza, public hearing took place when there was ..... to 350 tpd) with captive power plant (24mw) and whrb (6 mw). before according this environment clearance, public hearing/public consultation was held on 12th june 2007 and, thereafter, the environment clearance was granted.. (e) record further reveals that thereafter once again respondent no.3 applied with the government of india, ministry of environment .....
Tag this Judgment!Court : Gujarat
..... time, different judgments of the hon'ble apex court would equally be binding and therefore considering the broad guidelines and the provisions of substantial law like sec. 5 of the limitation act, the application has to be decided in a given set of facts. 22. it is in these circumstances the court is of the opinion that ..... has to be exercised within reasonable bounds. in other words, the discretion is with the court which could be exercised as provided in the law including sec. 5 of the limitation act on sufficient cause being shown. again, sufficient cause is a matter which will depend upon the facts and circumstances and perception in each matter and no ..... said provision has, thus, expressly been excluded in a proceeding under order xxi of the code. in that view of the matter, even an application under section 5 of the limitation act was not maintainable. a fortiori for the said purpose, inherent power of the court, cannot be invoked. again, referring to the observations made in an earlier .....
Tag this Judgment!Court : Gujarat
..... government and on consideration of the relevant papers, the government came to the conclusion that there was no need to make any change in the existing policy framed by the finance department vide resolutions no. khrch/2002/57/z.1 dated february 16, 2006 and april 29, 2010.4. being dissatisfied, the present writ-application has been filed.5. ..... tribunals speedy relief in respect of their grievances. the basic idea as evident from the various provisions of the act is that the tribunal should quickly redress the grievances in relation to service matters. the definition of 'service matters' found in section 3 (q) shows that in relation to a person the expression means all service matters relating to the ..... etc. etc., reported in [2006] 9 scc 321 [relevant paras 15 and 19][b] indian drugs and pharmaceuticals ltd. v. workmen, indian drugs and pharmaceuticals ltd., reported in [2007] 1 scc 408 [relevant paras 38 to 53][c] s.c. chandra and others. v state of jharkhand and others, reported in .....
Tag this Judgment!Court : Gujarat
..... of the report. 12. the other provisions for consideration of the 'motion of no confidence' in a taluka panchayat or in a district panchayat as per section 70 and section 84 of the act respectively are by the same language, except with the only difference that in the case of gram panchayat the words are the sarpanch or the ..... as was undertaken by the earlier full bench (larger bench) of this court in the case of nandlal bavanjibhai posiya and ors. v. director of agriculture marketing and rural finance and anr. (supra), since we find that as the special civil application, raising questions of law of general importance, has been placed before us, we proceed to ..... at this stage, we may refer to certain observations of the larger bench in the case of nandlal bavanjibhai posiya and ors. v. director of agriculture marketing and rural finance and anr., reported in 2002(2) glr, 1132, wherein more or less similar contention was raised, which has been dealt with by the larger bench at paragraph at .....
Tag this Judgment!Court : Gujarat
..... court of gujarat at ahmedabadspecialcivil application no. 14124 of 2011=========================================================bariatakhatsinh vechatbhai - petitioner(s)versuschairman/ managing director - mahindra & mahindra finance & 3 -respondent(s)=========================================================appearance:mran patel with ms.truptia.patel for petitioner(s) : 1,none for respondent(s) : 1 -4.=========================================================coram :honourable the acting chief justice mr. a.l.daveandhonourable mr.justice j.b.pardiwaladate: 07/10/2011 oralorder (per: honourable the ..... that the petitioner must have executed while taking theloan is not forming part of the record. it is not the case of thepetitioner that respondents nos. 1 and 2 have acted in a high-handedmanner and have seized the vehicle. on the contrary, the documentsannexed to the petition show that a notice was given to thepetitioner upon petitioner defaulting in payment .....
Tag this Judgment!Court : Gujarat
..... .2007 allotting area of 402 hectares 24 are and 2 sq. mtrs. of land in favour of respondent no.3 for setting up of special economic zone. 14. ..... ,41,34,412/- at the rate of rs.6/- per sq. mtr. on 16.11.2007, the collector, kutch resumed said extent of land i.e. 402 hectares 24 are and 2 sq. mtrs. under section 108(4) of the gujarat panchayat act. on 19.11.2007, the collector, bhuj alloted said land in favour of respondent no.3. 8. on the ..... land to respondent no.3. on 5.10.2007, collector, bhuj required respondent no.3 to pay the land price with premium and conversion tax. on 16.11.2007, the collector, bhuj resumed such land, which was alloted to panchayat for its gauchar purpose, in exercise of power under section 108 of gujarat panchayat act. collector, bhuj passed an order dated 19.11 .....
Tag this Judgment!Court : Gujarat
..... relief under the notification dated 6.10.1989 w.e.f 1.1.1986 without furnishing any explanation for such inordinate delay and on laches on her part. section 3 of the limitation act, 1963, makes it obligatory on the part of the court to dismiss the suit or appeal if made after the prescribed period even though the limitation is not ..... it may go to the root of the matter (see lachhmi sewak sahu v. ram rup sahu and kamlesh babu v. lajpat rai sharma) needless to say that the limitation act, 1963 does not apply in writ jurisdiction. however, the doctrine of limitation being based on public policy, the principles enshrined therein are applicable and writ petitions are dismissed at initial .....
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..... or favouritism. however, it must be clearly stated that there are inherent limitations in exercise of that power of judicial review. government is the guardian of the finances of the state. it is expected to protect the financial interest of the state. the right to refuse the lowest or any other tender is always available ..... a conclusion that overwhelming public interest requires interference, the court should interfere."21. in b.s.n. joshi and sons ltd. v. nair coal services ltd. air 2007 sc 437, while summarizing the scope of judicial review and the interference of superior courts in the award of contracts, it was observed as under : (scc pp. ..... exclusive. thus, discretion may be improperly fettered because irrelevant considerations have been taken into account, and where an authority hands over its discretion to another body it acts ultra vires.57. the present trend of judicial opinion is to restrict the doctrine of immunity from judicial review to those class of cases which relate to .....
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..... no. 1 company initiated coercive action for the recovery of loan amount and attached the property of respondent no. 3 company on july 15, 2003 under section 29 of state finance corporation act, 1951. on the request of the respondent no. 3 that it would be able to sustain the adverse market conditions and convert the project into profitable venture ..... no. 1 and the appellant- trust and the right of the respondent no. 3 of redemption stood extinguished by its conduct as envisaged under section 60 of the transfer of property act, 1882. acting upon the said opinion board of directors of respondent no.1 passed a resolution dated november 24, 2006 deciding that the respondent no. 1 would ..... of the respondent no. 2. the bonafide of the first respondent can be seen from the fact that these cheques were not immediately encashed, and as on january 2007, the total amount lying with the first respondent and the respondent no. 2 paid by the respondent no.3 was rs.24.15 crores as against the redemption .....
Tag this Judgment!Court : Gujarat
..... intemperate or extravagant language in a judgment has been repeatedly disapproved by this court in a number of cases. whilst considering applications for condonation of delay under section 5 of the limitation act, the courts do not enjoy unlimited and unbridled discretionary powers. all discretionary powers, especially judicial powers, have to be exercised within reasonable bounds, known to ..... in any manner.22. in view of above discussion that there was gross inaction on the part of the applicant between 06.09.2006 to 03.05.2007, between 16.05.2007 to 01.04.2008 and thereafter. the inaction has not been attempted to be explained. the above conclusion is reached by taking case of the applicant ..... and law. admittedly, impugned order was passed on 06.09.2006 and thereafter, first action initiated by the applicant was in the form of notice dated 03.05.2007. during this period, the applicant does not claim to have taken any action on his part nor does he explain why he did not take any action to .....
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