Court : Gujarat
Reported in : (1993)2GLR1368
..... delinquent industrial units, accused of discharging the effluent water in the river also should not take the proceedings in the spirit of confrontation making it a prestige issue and rather should reasonably co-operate in the manner which saves the situation for all, as the managers and the owners of the said units are as much integral part of the society which can also ultimately become the victim of the pollution ..... to determine the point involved, the petitioner-gujarat water pollution control board, surat [for short 'the board'] is a statutory body established under the provisions of section 4 of the water [prevention & control of pollution] act, 1974 [for short 'the act'] for the purpose of prevention and control of water pollution and maintaining and restoring the wholesomeness of water and for the said purpose is conferred with various statutory powers and functions as provided ..... . generally, it is observed that persons who are affected by the pollution are poor residing on the river banks, having no finance nor voice in the government to defend their cause ..... . it is true that ordinarily though the courts of learned magistrates are not vested with such powers, however, such powers in section 33 of the act are saved by virtue of the operations of sections 4 and 5 of criminal procedure code ..... . if this cause of victims is lightly interpreted, it means the cry of poor would be render in wilderness more particularly against the powerful vested interests having access to the government .....
Tag this Judgment!Court : Gujarat
Reported in : [1993]203ITR438(Guj)
..... the income-tax appellate tribunal has referred the following four questions to this court under section 256(1) of the income-tax act, 1961 : '(1) whether, on the facts and in the circumstances of the case, the tribunal was right in law in holding that the humidifiers were not textile machinery or textile accessories (2) whether, on the facts and in the circumstances of ..... as regards what can be regarded as textile accessories, learned counsel for the revenue relied upon the government circular letter no. ..... 4,511 under section 139 of the income-tax act 1961 (4) whether, on the facts and in the circumstances of the case, the tribunal was right in confirming the order of the appellate assistant commissioner rejecting the claim of the assessee for allowance of surtax ?' 2. ..... he also submitted that item (1) under heading 8(a) of the first schedule to the industries (development and regulation) act, 1951, is the relevant item. ..... it was, however, urged on behalf of the revenue that only industrial machinery specified under sub-heading 'a' of heading 'b' have been included in the sixth schedule to the act and other articles specified in the first schedule to the industries (development and regulation) act. ..... on the ground that it was manufacturing textile machinery or textile accessories, an article specified in the sixth schedule to the income-tax act, 1961. .....
Tag this Judgment!Court : Gujarat
Reported in : (1993)1GLR223
..... further call upon the opponent to file an affidavit stating therein what are his other moveable and/or immoveable properties in his name and possession alongwith the latest savings bank account passbook, shares, securities and other relevant documents pertaining to any investment anywhere. ..... of all find but as to whether the opponent from whom the maintenance is claimed is serving, that is to say, whether he is an employee either of the state or the central government or public/private corporation, or any private institution or of any individual, as the case may be, by collecting the relevant material in the said regard from the petitioner. ..... accordingly, they need not get immediately exasperated over some issue and act in a manner giving strike call, which may in turn turn-down the great expectation of the society in them- we further feel that the duly and importance of members of the bar to the society can ..... in not placing the maintenance amount in the hands of the needy claimants would frustrate and militate against the very object for which the maintenance provisions came to be incorporated under the relevant acts, further, as discussed above, the execution procedure as provided under order xxi of c. p. c. ..... hardly of its own complies with the money decree and the claimant ultimately has to initiate proceedings either under order xxxii, rule 2-a or the contempt proceedings under the contempt of courts act, 1971 before appropriate court, as has been done in the present case.6. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1993Guj20
..... by the learned counsel for the petitioners that the different orders dated 7-1-1978, 7-4-1978, 27-4-1978, 11-8-1978, 27-12-1988 two orders dated 29/ 30th december, 1978 and the order passed by the central government in appeal on 8-6-1979, which have been produced by the petitioners at annexures e-(i), d, e(ii), g, h, i, j & k respectively to the petition are bad in law, inasmuch as those orders were passed ..... authorise the chairman to sub-delegate this function to himself and consequently, the company law board (procedure) rules, 19,64 made by the central government and the chairman's order of distribution of business delegating the function of the board to the chairman are ultra vires the companies act, the hon'ble supreme court of india has held as under:--'as a general rule, whatever a person has power to do himself, he ..... a restricted meaning to the word 'regulating' appearing in sub-section (1) of section 3 cannot be understood in restricted sense of the act as to mean that no order can be promulgated by the central government providing for a direction to producer with a spinning plant or group of producers to pack such minimum quantity of such cloth and during such ..... (2) the administrator may, so far as itappears to him to be, necessary or expedientfor carrying out the provisions of this act byorder:-- (a) regulate after consultation with the reserve bank of india, the price at which any gold may be bought or sold and, (b) regulate by licences, permit or otherwise, the .....
Tag this Judgment!Court : Gujarat
Reported in : (1992)2GLR819
..... brought within the board's premises;(c) carrying passengers within the limits of the port or port approaches, by such means and subject to such restrictions and conditions as the state government may think fit to impose; and(d) piloting, hauling, mooring, remooring, hooking or measuring of vessels or any other service in respect of vessels. ..... the aforesaid method of transportation of goods it shall have now to be determined as to whether the exercise of power by the board in authorising any person under section 32(3) of the said act to undertake landing and shipping work, more particularly, described herein-above, can be said to be arbitary and/or unreasonable so as to be voided by this court as violative of article 14 ..... the responsibility of any such person for the loss, destruction or deterioration of goods of which he has taken charge shall, subject to the other provisions of this act, be that of a bailee under sections 151, 152 & 161 of the indian contract act, 1872.from the language of this section it is clear that the board has the power to undertake various services set-out in clauses (a), (b), (c) & ..... to the action of the gujarat maritime board it is necessary to state the relevant facts and simultaneously to refer to some of the relevant provisions of the gujarat maritime board act, 1981 hereinafter referred as 'the said act' and regulations captioned as 'gujarat maritime board (landing & wharfage) regulations, 1986', hereinafter referred to as the 'said regulations'.4. .....
Tag this Judgment!Court : Gujarat
Reported in : (1992)1GLR136
..... form, if it is made after the commencement of this act, shall, unless there is anything repugnant in the subject or context, have the same respective meanings as in the act conferring the power.apart from the fact that section 7 applies to any bombay act or gujarat act repealing any enactment made earlier and not to any notification issued by the government, we are of the view that subsequent notification dated 1-4-1976 ..... in the facts of the present case no right of remission has been conferred by the provisions of the bombay electricity duty act unless it is granted by the government by issuing notification and the notification dated 1-4-1976 which has rescinded the earlier notification dated 1-1-1969 is not retrospective in character, but is prospective and ..... a common question, namely, whether remission of, electricity duty payable under the provisions of the bombay electricity duty act, 1958, granted by the government, by a notification, for a specified period, can be rescinded by subsequent notification even as regards the unexpired part of the period specified in earlier notification, arises for consideration ..... allowing the second appeal filed by the defendants, it has been held that the state government is competent to issue notification under section 88(1)(d) of the bombay tenancy and agricultural lands act, 1948, reserving certain lands for unban, non-agricultural or industrial development, however the said competence is prospective and not retrospective and it does not .....
Tag this Judgment!Court : Gujarat
Reported in : [1992]73CompCas51(Guj)
..... the other conditions provide that ahmedabad electricity company should be directed to supply power without insisting on payment of any past dues and/or any extra cost for connecting the power and that the government of gujarat should be directed to give benefits as are given to sick units for a period of five years or up to the extended lease period. ..... all that we are told is that on a microscopic examination of the relevant provisions (sections 391 and 392 of the companies act) in the light of the interpretation canvassed by the appellant the learned company judge had no jurisdiction to order substitution of its rival in the place of the appellant (notwithstanding the law laid down by the supreme court in s. k. ..... til) who was consulted earlier is not in a position to offer any effective medicine or save the life of the patient and confesses that such is the case. ..... desai, learned advocate appearing on behalf of the bank of baroda (secured creditor), submitted that the scheme is fair and reasonable and does not hurt any class or classes of persons affected thereby. ..... - working capital (whether raised through banks or otherwise and including working capital margin), goodwill fees, engineering fees, commissioning fees, commissioning expenses, royalties capitalised or otherwise, pre-operative expenses, expenditure on trucks, cars, vans, trailers, tractors and transport vehicles and .....
Tag this Judgment!Court : Gujarat
Reported in : (1992)2GLR886
..... any state, being a co-operative society in which not less than fifty-one per centum of the paid up share capital is held by the central government, or by any state government or governments, or partly by the central government and partly by one or more state governments,in view of the aforesaid definition of the expression 'public purpose' and the meaning given to the expression 'corporation owned or controlled by the state' if ..... pointed out that the lands are urgently required for the kandla-bhatinda pipeline project which has been finally approved by the government of india in august 1990 and which is required to be completed within a period of 33 months; it is a very important pipelines project aided by world bank and is planned to carry 6 metric tons of vital petroleum products per year from kandia to bhatinda in the north- ..... 'means any body corporate established by or under a central, provincial or state act, and includes company as defined in section 617 of the companies act, 1956, a society registered under the societies registration act, 1860, or under any corresponding law for the time being in force in a state, being a society established or administered by government and a co-operative society within the meaning of any law relating to co-operative societies ..... petroleum products like diesel by these transport sectors themselves and to that extent the consumption of petroleum products in the country, which can otherwise be saved, would not be available to the country.10. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1992Guj38; (1992)1GLR46
..... the petition is being allowed, whatever deposits of lift charges have been kept by the petitioner in a separate savings bank account as per the interim order dated 24-9-1979 will now be permitted to be appropriated by the petitioner to ..... petition raises a short but interesting question as to whether the respondent-state of gujarat and its authorities functioning under the gujarat entertainment tax act, 1977 are entitled to collect entertainment tax on charges levied at the petitioner's cinema theatre from the passengers who use the lift facility available ..... it provides that 'there shall be levied and paid to the state government on every payment for admission to an entertainment, other than the payment for admission referred to in clause (b), a tax, ..... is submitted that if such levy and collection is found to be flowing from the provisions of sections 2(a), 2(e), 2(g) and section 3 of the act, then in that case, these provisions would be illegal and ultra vires and would be liable to be struck down.4. ..... i - district magistrate, surat who is also the authority under the gujarat entertainment tax act, 1977 ('the act' for short), challenged the action of the petitioner of charging 10 paise from the cinegoers ..... government pleader could not show us how such type of levy can be sustained under the provisions of the act ..... but even that apart, when we turn to the relevant definitions in the act, we find that admission to entertainment is defined by section 2(a) to include admission to any place in .....
Tag this Judgment!Court : Gujarat
Reported in : [1992]73CompCas676(Guj); (1990)2GLR1150
..... prima facie reliable documentary evidence; (iv) that the object of filling such suit is basically the public interest involved; (v) that one should not lose sight of the fact that the money advanced by the bank is ultimately property belonging to its depositors-members of the public; (vi) that the ultimate motive filing such suit is marked by patent absence of any personalised bias against the person against whom such suits ..... proceedings, but then there are cases and cases where these days parties also have to stake some interest and initiative in their cases and must remain in direct touch with to act on their own, more particularly when the parties to the suit proceedings are either the government, banks or any other statutory corporation, boards, bodies, etc. ..... are filed; and (vii) that these days, one cannot afford to be oblivious of the fact that, barring a few exception, persons once having successfully duped banks of small or huge amounts, when the time for repayment comes, they start playing cool, trotting out lame excuses for not repaying the amount, and keeping the ..... such pathetic and carefree adjournments doled out by the trial court can never be lightly countenanced save and except at the risk and cost of justice and ultimate faith of people in the ..... the time-consciousness or time-budget can by no means be permitted to be overlooked or underestimated save and except at the cost and risk of justice by losing one's own judicial conscience. 16. .....
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