Court : Gujarat
Reported in : AIR2004Guj26; (2003)3GLR2234
..... - (a) within fourteen days after the service on him by the licensee of a notice in writing in this behalf, tenders to the licensee a written contract, in a form approved by the (state government) duly executed and with sufficient security, binding himself, to take a supply of energy for not less than two years to such amount as will (assure to the licensee at the current rates charged by ..... supply energy for such premises, the licensee shall, within one month from the making of the requisition (or within such longer period as the (electrical inspector may allow) supply, and save insofar as he is prevented from doing so by cyclones, floods, storms or other occurrences beyond his control, continue to supply energy in accordance with requisition :provided firstly, that the licensee ..... general emphasised that clauses (j) and (k) of section 79 of the supply act empower the board to frame regulations not inconsistent with the act and rules made thereunder regarding principles governing, the supply of electricity by the board to persons other than licensees under section 49 and any other matter arising out of the board's functions under this act for which it is necessary or expedient to make regulations, he further ..... his property to any person or it is sold in a public auction by any authority to any person for the recovery of loan amounts advanced by the financial institutions/banks to old owner/occupier and new occupier/owner comes into possession after purchase by him of that premises. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR2003Guj367
..... and, therefore, the prayers made in the petitions should be granted, it was stressed that requirements as contained in section 18(1) and 18(2) read with proviso to section 18(2) of the act prescribing the period of limitation for making application for reference cannot be permitted to affect substantive right of the petitioner to receive just compensation and, therefore, the provisions of section 18 sub-section (2) ..... achieving the public purpose, urgency clause was also applied by the state government as contemplated under section 17(1) of the act on december 20, 1973 and possession of the lands needed for public purpose ..... of limitation prescribed under section 18 of the act, which, according to the petitioner, is shorter than the period prescribed under the limitation act for initiating proceedings against an order of officer of the government or for making any application under any other ..... 18 of the act for making application against the decision of the land acquisition officer is not only unreasonable but shorter than the period prescribed under the limitation act, 1963 for initiating proceedings either challenging the order of the officer of the government or for making any application under any other land and, therefore, the provisions contained in section 18 of the act being ex facie ..... period of limitation is prescribed, the government would be required to pay more interest as contemplated by different provisions of the land acquisition act and, therefore, prescription of shorter .....
Tag this Judgment!Court : Gujarat
Reported in : (2003)2GLR1281
..... failed to prove that the workman has been employed in any establishment and has been receiving the remuneration adequate to his requirement as per proviso to section 17b of the industrial disputes act, 1947, even otherwise, even if it would have been proved that the respondent-workman has been earning something by driving the auto rickshaw, that would not have fallen in the ..... establishment and receiving adequate remuneration from the employer and even though claiming last drawn wages from the old employer and that is how section 17b of the act has been enacted with a clear object that if the workman remains unemployed during such period, then workman is entitled to last drawn wages inclusive of maintenance allowance admissible to ..... dismissed from service; then, he raised industrial dispute before machinery under the act and then the matter was referred to the labour court for adjudication by the state government, and thereafter, the labour court has examined the reference and for that ..... section 17b to the workman cannot be directed to be refunded in the event he loses the case in the writ petition (see dena bank's case (supra)) any amount over and above the sum payable under the said provision has to be refunded by him. ..... save and except the adequate remuneration received by the workman from any establishment, any other income or amount received by the workman cannot be taken into consideration while considering an application for wages under section 17b of the industrial disputes act .....
Tag this Judgment!Court : Gujarat
Reported in : (2003)1GLR789
..... he has, therefore, submitted that in the present case, the suit was instituted in the year 1991, and hence, the right of appeal was vested in the parties thereto on that date and was to be governed by the law as it provided on that date, that is to say, on that date the parties acquired their rights, if unsuccessful to go up in appeal from the subordinate court to the high court and from the high court to the supreme ..... in this viewof the matter and after having considered all the relevant provisions of the amendment act of 1999, more particularly repeal and savings provisions contained in section 32 of the said act, i am of the view that clause (i) of sub-section (2) of section 32 of the amendment act of 1999 clearly indicates a different intention and what is saved is only any proceeding for revision which had been finally disposed of on 1-7-2002, meaning thereby any proceeding for revision which is filed and/or pending ..... the power of the high court to revise the impugned order under section 115 of the civil procedure code is now governed by the amended section 115 of the code and the high court can interfere with such order only when such interference either one way or the other, would finally dispose of the suit or other ..... as a matter of fact, this section clearly and of necessity implies that all the proceedings pending before the high court and which are not finally disposed of are to be governed by the amended provisions contained in section 115 of the civil procedure code. .....
Tag this Judgment!Court : Gujarat
Reported in : (2002)3GLR744
..... thereafter, on 30th march, 1999, there is no dispute on the point that on principal act is repealed and government has issued the instructions on 15th april, 1999, for not to continue with the allotment of the land under section 23 of the act save and except the land were already allotted and the payment was already received ..... . therefore, the repeal act does not save the action taken for allotment of the land under section 23, but it can reasonably to be construed that any action taken prior to the repeal act, under section 23 of the act for allotment of the land which is acquired by the government under the act, would not be affected ..... nanavati also submitted that, for saving the action taken under the act, the crucial aspect is vesting of the land and vesting of the land in the government under section 10(3) of the act, and taking over of the possession and since both the things are not available in the present case, the petitioners are entitled to the benefit of repealing act and the respondent-authority ceased to have any lawful authority over the land in question in ..... land to the government for the larger interest of the society, in view of the provisions of the act, or those who had to surrender the land on account of the declaration of the land as surplus land are those persons who may carry feeling that had they continued with the litigation or avoided the proceedings for taking over the possession they would have been benefited by the repeal act for the purpose of saving their land .....
Tag this Judgment!Court : Gujarat
Reported in : AIR2002Guj180
..... the central government, in exercise of the powers conferred by section 12 of the government savings certificates act. ..... those instructions are contained in post office savings bank manual. ..... it further appears that the director general of posts, india and the secretary to the government of india, department of posts, ministry of communication have issued necessary instructions in respect of sale and procedure to be followed pursuant to issuance of indira vikas patras ..... ministry of communication have issued necessary instructions in respect of sale and procedure to be followed pursuant to issuance of ivps which are pertaining to the post office savings bank manual, vol. ..... rule 11 deals with the power to relax and provides that whereas the central government is satisfied that the operation of any of the provisions in these rules causes undue hardship to the holder of a certificate, it may, by order, for reasons to be recorded in writing relax the requirements of that provision in a manner not inconsistent with the provisions of the act.7. ..... india and the secretary to the government of india, department of posts. ..... the petitioner retired as a primary teacher on or about 30th may 1990 and on his retirement, he thought of investing the amount which he received as retirement benefit in ivps issued by the government of india. ..... -paragraph (1) of the said paragraph provides that a certificate of any denomination may be presented for encashment at an post office in india doing savings certificates work. .....
Tag this Judgment!Court : Gujarat
Reported in : (2002)4GLR692
..... most secured kind of investment is government securities or deposits with scheduled banks or unit trusts or national savings certificates. ..... agricultural lands, mr.patel submitted that in view of the decision reported in case of karimbhai kalubhai belim and others v/s state of gujarat and another reported in 1996(1) g.l.h.200 once the gujarat town planning and urban development act is made applicable, there is no need to take permission from the authorities for obtaining permission by converting the lands into non-agricultural lands from agricultural lands. ..... he submitted that the lands are situated within the municipal limits and it is also clear from the evidence that the provisions contained in bombay town planning and urban development act would apply (we say so because we find reference in the evidence that there is development plan). ..... it may be noted that restrictions as imposed under the urban land (ceiling and regulation ) act were not made applicable to the nadiad city as in case of other cities and therefore people, with a view to get higher return, would like to invest in lands ..... apex court pointed out in para 7, 8 and 10 as under:'the function of the court in awarding compensation under the act is to ascertain the market value of the land at the date of the notification under s. ..... provisions contained in urban land (ceiling and regulation) act were not made applicable to the town of nadiad. ..... of the land acquisition act, 1894 (hereinafter referred to as the act) read with sec. .....
Tag this Judgment!Court : Gujarat
Reported in : [2002]253ITR621(Guj)
..... [1982]136itr279(bom) , had held that the impartible property cannot be treated as the personal property of the assessee before sub-section (6) was introduced in section 4 of the act, but it was a joint family property and hence the value of the said property cannot be included for wealth-tax purposes in the hands of the assessee for the assessment years ..... city palace', should not be included in his net wealth in view of the fact that as per the terms of the covenant which was entered into with the then government of the united states of kathiawar, the said property was belonging to the family and not the assessee as an individual. ..... court has taken into consideration the effect of section 4 read with section 5(ii) of the hindu succession act, 1956, to hold that any custom or usage which enjoins the devolution of an estate on a single heir is not effective except in those cases where such descent is provided by the terms of any covenant or agreement entered into by a ruler of an indian state with the appropriate government before the commencement of the hindu succession ..... for the purpose of saving the property from losing its characteristics by operation of section 4 of the hindu succession act, 1956, in the case of pratapsinhji [1983] 139 itr 77, this court has specifically laid down that unless, therefore, a particular estate, the devolution of which is to a single heir is saved and excepted under section 5(ii) of the hindu succession act, it cannot be claimed successfully .....
Tag this Judgment!Court : Gujarat
Reported in : AIR2002Guj88; [2002]111CompCas780(Guj); (2001)4GLR3112; [2003]42SCL141(Guj)
..... '6.1 learned advocate for the petitioner has relied upon on the principle of estoppel and contended that in any view of the matter when petitioner has already deposited the amount in national savings scheme by which the respondent denied the request of the petitioner for closing the account of the returning the balance to her are bad in law.6.2 the learned advocate for the petitioner ..... essentials of the doctrine ofestoppel in equity are (1) there must be apromise or representation or an assurance;(2) another person person to whom such apromise or an assurance or a representation is made should act relying upon such apromise, or an assurance or a representation; (3) it should cause severe loss to theother person to whom such a promise or anassurance or a representation was made ifit was not ..... relied upon on page 485 'administrative law by sathe, 6th edition' which reads as under :'where there is no formal contract, but a person acts on the assurance of a competent government authority, is it possible for him to bind the government to its assurance? ..... 101071 with the ellisbride post office, ahmedabad under national savings scheme , 1987 through her father as the holder of a general power of ..... for a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction, holding and declaring the action of the respondent refusing to return the balance amount lying in national savings scheme account no. ..... to close the petitioner's national savings account no. .....
Tag this Judgment!Court : Gujarat
Reported in : (2002)1GLR774
..... provision for casting more than one vote by the voter.4.6 it was further submitted that the clarification which was made by the deponent is after considering all relevant provisions of co-operative societies act and rules framed thereunder and other relevant bye-laws referred.4.7 it was further submitted that after the publication of the said list as per the provisions of rule 16 of the election ..... societies mentioned in the schedule and such other apex societies as the state government may, by general or special order, published in the official gazette, from time to time, specify in this behalf, having regard to financial position and share capital of such societies; (ii) all district central co-operative banks; (iii) all primary land development banks; (iv) (a) all district co-operative sale and purchase organisations; (b) all taluka ..... submitted that both the deputy collector or the deputy registrar of the gujarat high court had exercised powers of conducting the election by construing the provisions of the act, rules, bye-laws and the elections rule of the first petitioner society in the aforesaid manner and not in the manner in which the first respondent has decided ..... of learned counsel for the petitioners :3.7 learned counsel for the petitioner submitted that on the conjoint reading of the provisions of the co-operative societies act, rules and bye-laws which i have referred, shows that the list will be divisionwise wherein the multi-purpose and service co-operative societies of .....
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