Court : Gujarat
..... high court and the honourable supreme court reversed that order on the ground that the alleged error in the judgment of the bombay revenue tribunal, namely that an order for possession should not be made unless a previous notice required by section 14 of the bombay tenancy and agricultural lands act, 1948, had been given, was not an error apparent on the face of the record so as to be capable of being corrected by a ..... petition under article 226 of the constitution of india for a writ of certiorari or a writ in the nature of certiorari would lie against an order of the urban land tribunal passed under section 33 of the urban land (ceiling and regulation) act, 1976 and the orders made in such a petition by the single judge are subject to appeal under clause 15 of the letters patent read with chapter vi, more particularly, rule 82 of ..... taking the view that a letters patent appeal was not maintainable against a judgment of the learned single judge of this court in a petition challenging the order of the urban land tribunal under section 33 of the urban land (ceiling and regulation) act, 1976, because such a petition against the order of the tribunal had to be treated as a petition under article 227 of the constitution of india, even if the petition was purported to ..... the power to issue writs underwent a sea-change with the coming of the constitution from 26th january ..... foreign compensation commission, reported in (1969)2 ac 147, the house of lords has given a very broad connotation to .....
Tag this Judgment!Court : Gujarat
..... section 22 of the ugc act provides that the right of conferring or granting degree shall be exercised by three categories of institutions, namely, (1) a university established or incorporated by a central or a state act; (2) an institution deemed to be a university under section 3 of the ugc act; and (3) an institution specially empowered by an act of parliament to confer or grant degrees. 6.1. ..... so far as the case of dhanjibhai savjibhai maru is concerned, though he has obtained a master of arts degree, the same is not from a statutory indian or foreign university but is given by gujarat vidyapith, which is a recognized college under the university grants commission. ..... it appears that the word equivalent is not mentioned in subrule (b), and, therefore, the requirement of the aforesaid provision is that a candidate must have a bachelors degree in arts, science, commerce, agriculture or law of a statutory indian or foreign university, and thus, there is no scope of having any equivalent degree. ..... degree cannot be taken into consideration, the same not being a degree conferred by a statutory indian or foreign university but by a college recognized by the university grant commission. ..... if we consider rule 3 of the rules quoted above, it would appear that in sub-rule (b), the requisite qualification is a bachelors degree in arts, science, commerce, agriculture or law of statutory indian or foreign university whereas in sub-rule (c), the qualification prescribed is b.t./b.ed. .....
Tag this Judgment!Court : Gujarat
..... [(2003) 6 scc 611], this court, while referring to an amendment made in uk in relation to a provision which was in pari materia with section 118 of indian succession act, observed : "the constitutionality of a provision, it is trite, will have to be judged keeping in view the interpretative changes of the statute affected by passage of time ..... so far as such law imposes reasonable restrictions on the exercise of the right conferred by the said sub-clause in the interests of the sovereignty and integrity of india, the security of the state, friendly relations with foreign states, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence. (3) ..... , the court also followed the statement of law in mahant moti das and the two earlier decisions, namely, charanjit lal chowdhury v ..... stated that classification might be founded on different basis, namely, geographical, or according to objects or occupations or the like and what is necessary is that there must be a nexus between the basis of classification and the object of the act under consideration. 26 ..... [air 1960 sc 554], inter alia, while referring to the earlier two decisions, namely, bengal immunity co ..... ends up victimizing its subject in the name of protection ..... brand name ..... 1958 sc 731] while dealing with the meaning, scope and effect of article 14, reiterated what was already explained in earlier decisions that to pass the test of permissible classification, two conditions must be fulfilled, namely, (i) .....
Tag this Judgment!Court : Gujarat
..... the borrower in default to deposit part of the demand amount, and that too at the appeal stage the above mentioned fact coupled with the fact that for recovery of such claims special act is enacted and special forum is created and having regard to the fact that the demand is related to amount borrowed from bank / financial institution and then not paid, that the provision for ..... of enforcement and another (2010) 4 scc 772, the court was dealing with the issue whether the alternative statutory remedy available under the foreign exchange management act, 1999 can be bypassed and jurisdiction under article 226 of the constitution could be invoked. ..... there is a hierarchy of appeal provided in the act, namely, filing of an appeal under section 20 and this fast-track procedure cannot be allowed to be derailed either by taking recourse to proceedings under articles 226 and 227 of the constitution or by filing a civil suit, ..... reasons and in view of the foregoing discussions, the petitioners contention that section 18 of the act and the remedy and forum prescribed and constituted under section 18 are onerous is not sustainable and cannot be accepted and entertained. ..... ii and andhyarujina committee constituted by the central government for the purpose of examining banking sector reforms have considered the need for changes in the legal system in respect of these areas. ..... work relating to commercial transactions has not kept pace with the changing commercial practices and financial sector reforms. .....
Tag this Judgment!Court : Gujarat
..... learned advocate appearing for the board invited this courts attention to the laboratory report dated 21/3/2002 and submitted that the existence of foreign substances in mmb, namely 2 bricks, one wooden piece and tester have in themselves be sufficient to lead to a strong factum of employment of devices preventing meter from recording ..... others, reported in (2003) 5 scc pg, 226, and submitted that scope of scrutiny under article 226 of the constitution of india in such a case being very limited and therefore when this court is not to act as appellate court the proposition of the appellate committee when it is found to be just and proper, its findings cannot be disturbed on account of specious plea raised on behalf of the petitioner. 15. ..... petitioners initial connection was under ltp-i category and as he intended to change the category from ltp-i to ltp-iii, he applied for change in the tariff category from ltp-i to ltp-iii on february 02, ..... b) initial supply was under category of ltp-i and petitioner applied for change therefrom to ltp-iii resulting into replacement of old meter with that of new ..... is required to be noted that the primary burden of explaining consumption and change in consumption pattern was upon the petitioner which the petitioner could not decide ..... the entire laboratory report and the mmbs condition coupled with recording of energy and enhancement of consumption of energy after the change of meter are significant and required to be appreciated in its true spirit. .....
Tag this Judgment!Court : Gujarat
..... in such a case the supreme court passed a direction for reference with the following observations: it is now well settled that, while exercising power under section 10(1) of the act, the function of the appropriate government is an administrative function and not a judicial or quasi judicial function, and that in performing this administrative function the government cannot delve into the merits of the dispute and take ..... it is true that normally a writ petition under article 226 of the constitution should not be entertained against an order of the appropriate government making a reference under section 10 of the act, as the parties would get opportunity to lead evidence before the labour court or industrial tribunal and to show that the claim made is either unfounded or there was no occasion for making a reference. ..... however, according to the supreme court, if it appears from the reasons given in the order that the appropriate government has taken into account any consideration which is irrelevant or foreign, then the court may, in a given case, consider the case of writ of mandamus. ..... we are, therefore, of the view that the state government, which is the appropriate government, was not justified in adjudicating the dispute, namely, whether the convoy drivers are workmen or employees of telco or not and, accordingly, the impugned orders of the deputy labour commissioner acting on behalf of the government and that of the government itself cannot be sustained.? 16. .....
Tag this Judgment!Court : Gujarat
..... in this part, unless the context otherwise requires, [a] authorised person means a person referred to as such in article 243zq; [b] board means the board of directors or the governing body of a co-operative society, by whatever name called, to which the direction and control of the management of the affairs of a society is entrusted to; [c] co-operative society means a society registered or deemed to be registered under under any law relating to co-operative societies for the time being in ..... accordingly, on point [b], we hold: that having regard to the background and evolution of the principles underlying the constitution [fifty-second amendment] act, 1985, insofar as it seeks to introduce the tenth schedule in the constitution of india, the provisions of paragraph 7 of the tenth schedule of the constitution in terms and in effect bring about a change in the operation and effect of articles 136, 226 and 227 of the constitution of india and, therefore, the amendment would require to be ratified in accordance ..... no amendment of this constitution (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). ..... if, however, a matter is not covered by this article, like cessation of territory to a foreign power, that can be effected only by enacting an amendment act under article 368. .....
Tag this Judgment!Court : Gujarat
..... aforesaid observations and similar observations made in clarks positioning in radiography, it was submitted that in cases wherein some foreign element is left out in the body, two films at different angles only can give true picture. ..... generally speaking, it can be said that the fact-situation of a given case would be mainly determinative of whether it is permissible to interfere under section 482 of cr.p.c or not, but said jurisdiction in its very nature it has to be conceded is such that subjective element to limited extent in every case cannot be ..... was pleased to hold that no case is made out for the offences under sections 196, 197, 198 nor there is a question of offence under sections 406 and 420 of ipc in the facts of the case. ..... shethna that in cases wherein presence of any foreign element in body is to be ascertained, then x-ray is to be taken in the method and manner pointed out/ ..... b.s.patel for original accused no.3 submitted that essential ingredients of sections 337 and 338 ipc are not emerging even prima facie ..... attention of the court to the extract from the textbook of radiology and imaging, edited by david sutton, published by churchill livingstone, edition 1980, wherein on page 1030 it is observed, localization of a foreign body is a more difficult task. ..... the purpose of holding a professional liable for his act or omission, if negligent, is to make the life safer and to eliminate the possibility of recurrence of ..... also had not given the name of any doctor (radiologist) .....
Tag this Judgment!Court : Gujarat
..... the defendants are saying that the plaintiff has lost the citizenship of india and acquired citizenship of another country, it is the duty of the defendants to get such issue decided by the central government under section 9(2) of the act and in these circumstances, even if the plaintiff had gone to pakistan on 26.1.1950, unless it is decided that the plaintiff has ceased to be the indian citizen, the plaintiff continues to be the citizen ..... the high court in trying an election petition under the representation of the people act, 1951 but only leads to a harmonious way in which the two types of issues, namely, the issues relating to the validity of an election to either house of parliament or of a state legislature and the issues relating to loss of indian citizenship on the acquisition of the citizenship of a foreign country which are both vital can be resolved. 17. in the case ..... judge and decreed the suit of the plaintiff and restrained the defendants from deporting the plaintiff till the decision of the central government under section 9(2) of the act and declared that the defendants, their servants, agents have no right to deport the plaintiff till the decision of the central government ..... while decreeing the suit, learned appellate judge has passed conjoint order restraining the defendants from deporting the plaintiff till the decision by the central government under section 9(2) of the act and declared that the defendants have got no such right until the decision by the central government .....
Tag this Judgment!Court : Gujarat
..... petitioner no.1 under the provisions of the conservation of foreign exchange and prevention of smuggling activities act, 1974 [hereinafter referred to as cofeposa] and also to quash and set aside the declaration dated 11.06.1976 issued under section 12-a of the cofeposa and also the notices issued under section 6(1) of the smugglers and foreign exchange manipulators (for forfeiture of property) act, 1976 [hereinafter referred to as safema] (annexure ..... has tried to use few lines in para 42 of the said decision that even if he is allowed to challenge the said order when he is served with the notice under section 6 of safema, the challenge has to be examined along with the position of law as was prevailing at the time when the said order was made and the law in force ..... detention is made the basis for applying safema to him this is for the reason that even if he is allowed to challenge the said order when he is served with the notice under section 6 of safema, the challenge has to be examined with reference to the position of law as was obtaining at the time the said order was made and the law in force during the ..... (supra) before the bench of 9 judges of the honble supreme court, one of the question which was referred to, reads as under: whether an order of detention under section 3 read with section 12-a of cofeposa made during the period of emergency proclaimed under article 352(1) of the constitution of india, with the consequent ,suspension' of article 19 and during which period .....
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