Court : Gujarat
Reported in : (1973)14GLR209
..... order' and 'in the interest of general public' in the saving clauses in article 19. at page 755 their lordships pointed out that even though in 'superintendent, central prison, fatehgarh v. ram manohar lohia : 1960crilj1002 , his lordship subba rao j. had interpreted the expression 'public order' as synonymous with public peace, safety and ..... breaches of peace of a purely local significance which primarily injured specific individuals, and only in a secondary sense public interest. therefore a large number of acts directed against individual might total up into breach of public order. therefore in every case this question of degree of the harm and its effect upon the ..... public order, decency or morality and all other public interests which might be compendiously described as social welfare. their lordships pointed out that chapter 5 of the act was headed as 'special measures for maintenance of public order and safety of state' and the sub-head ii therein provided for 'dispersal of gangs and .....
Tag this Judgment!Court : Gujarat
Reported in : (1973)14GLR826
..... what would be the position if the standard rent is not fixed the answer is provided by the decision of the supreme court in the guntur municipal council v. the g.t.r.p. association : [1971]2scr423 . that was a case in which assessments to property tax made by the guntur municipality were ..... which made the ratio of the decision in poplar assessment committee's case inapplicable to the case before them, which was a case arising under the calcutta corporations act. firstly, the decision in poplar assessment committee's case was based on the peculiar law of rating in england which is fundamentally different from that accepted under ..... writ petitions and the petitioners, therefore, with leave of the court, amended the writ petitions and directed the challenge against the constitutional validity of the provisions of gujarat act 5 of 1970. the petitioners also challenged by way of amendment the determination of rateable value made by the deputy municipal commissioner, since, in the meantime, on .....
Tag this Judgment!Court : Gujarat
Reported in : (1974)ILLJ1Guj
..... practised but we owe it to the working class now at least to own it the injustice whether the same is remedied or not. in the report of the central pay commission presided over by shri varadachariar at page 142, it has been observed : 'we appreciate the strength of feeling behind the attack of discrimination .......... but ..... attend to their household duties and to fulfill social and moral obligations towards their families. 2. reliance was also placed on the provisions of the shops and establishments act and other acts and the award of the industrial court, maharashtra in the year 1963 in reference (ic) no. 130 of 1961 (reported in 1964 icr p. 124) ..... social composition of labour is undergoing a change. labour is not restricted to certain castes and communities. apart from the fact that caste and occupation have always inter-acted and the relation between the two has been 'elastic' in our society, social mobility today accounts for the emergence of a mixed industrial work force. while in .....
Tag this Judgment!Court : Gujarat
Reported in : 1976CriLJ1256; (1975)1GLR313
..... to the union and the states and the indian administrative service is, by the definition section 2, an all india service for the purposes of the act, under section 3, sub-section (1) of the act, the central government may, after consultation with the government of the states concerned, make rules for the regulation of recruitment, and the conditions of service of persons ..... appointed, to an all india service. acting under this rule-making power, the government of india have made rules called the indian administrative service (cadre) rules, 1954. under .....
Tag this Judgment!Court : Gujarat
Reported in : (1976)17GLR1017
..... on the independence of the judges of the higher courts. the president is by article 74 of the constitution the constitutional head who acts on the advice of the council of ministers in the exercise of his functions. having regard to the very grave consequences resulting from even the initiation of an enquiry ..... from local prejudices and completely devoted only to the supreme task of administering justice equally and impartially. it was, therefore, the considered opinion of the central government that the policy of effecting all-india transfers of high court judges would not only strengthen the administration of justice but also promote healthy traditions ..... apprehension of the petitioner that the transfer undermined the judiciary was absolutely unfounded and incorrect. on the contrary, it was the considered opinion of the central government that the policy of effecting all india transfers of high court judges would not only strengthen the administration of justice but also promote healthy .....
Tag this Judgment!Court : Gujarat
Reported in : (1979)GLR413; (1979)0GLR413; [1979]118ITR134(Guj)
..... parliament has provided that the difference between the amount of compensation and the fair market value should be treated as if it was penalty realised by the central government. in support of this submission he has invited our attention to the various observations made in the final report of the direct taxes enquiry committee in ..... possession; provided the transferee is not discharged from the liability in respect of the encumbrances which may be enforced against him by a suit for damages. the central government is under an obligation to pay for such acquisition compensation in a sum equal to the aggregate of the amount of apparent consideration for such transfer besides ..... to and is bound by the fair or standard rent which would be payable for a particular premises under the rent control act in force during the year of assessment. the supreme court in guntur municipal council's case : [1971]2scr423 , found itself unable to agree to make any distinction between building s the fair rent of .....
Tag this Judgment!Court : Gujarat
Reported in : (1980)21GLR15
..... of court under execution were all null and void. reliance was sought to be placed on behalf of the appellant in that case on the decision of the privy council in ledgard v. bull 13 ind app. 134. rejecting the contention sinha c.j. (as he then was) speaking for the court held that the validity of ..... question arose whether an aggrieved party can challenge by taking proceedings under articles 226 and 227 of the constitution of india the appellate order made under the bombay rent act, 1947 when the revision application preferred from the said order was dismissed by the high court. for purposes of answering the contention, whether the appellate order would ..... before which are generally recognised as continuation of the suit; and the word 'suit' will include such appellate proceedings. we may add that whereas section 41 of the act is consistent with this view, no other section militates against it.37. the neat question, as i have stated above, which arises for consideration in these applications is .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1981Guj1; (1980)GLR838(GJ)
..... there are other decisions of the gujarat high court where observations regarding the mandatory character of the provisions similar to the provisions in section 77 of the bombay municipal boroughs act have been made. in saurashtra iron foundry & steel works pvt. ltd. v. bhavnagar nagarpalika, (1970) 11 guj lr 351: (air 1970 guj 53), the ..... relating to public law and scanning them for their validity is to fail in understanding the social philosophy that puts life and meaning into the provisions of the act. the law, being realistic, reckons with the socialist sector covering state and co-operative enterprises.'paragraph 9 deals with the special facts of that case and hence ..... of the bombay municipal boroughs act. after considering the decision of the supreme court in raza buland sugar co's case (supra) and the decision in the municipal board hapur v. rtighavendra kripal, air 1966 sc 693 and also the decision of the supreme court in pioneer motors v. nager coil municipal council, air 1967 sc 684, .....
Tag this Judgment!Court : Gujarat
Reported in : (1981)22GLR712
..... done mainly in respect of the sons of 'freedom fighters' as also of persons belonging to scheduled castes and scheduled tribes. this was done by the executive council by means of a resolution dated july 25, 1970; without going into further details the net result was that in the nagpur college itself two seats were ..... b.k. mehta, judge of the high court of gujarat, ahmedabad to inquire into the said matter, and(2) appoints-(i) shri y.k. murty, retired chairman, central water and power commission, new delhi ; and(ii) dr. ravi matthei, ex-director, indian institute of management, ahmedabad. to be the assessors to assist and advise the ..... observed:unless, therefore, the matter is such as can answer to the qualification of being a definite matter of public importance, the question of setting up a commission under the act does not arise. ... ... ... ... ... despite the fact that the findings of a commission of inquiry cannot be enforced proprio vigore, those findings carry great weight and .....
Tag this Judgment!Court : Gujarat
Reported in : (1984)2GLR1488
..... it is made. the instrument which was required to be placed before the houses of parliament in atlas cycle's case was the notification of the central government fixing maximum selling prices of various categories of iron and steel including the black plain iron sheets passed under the iron and steel control order, ..... : (1) absence of any provision for the consequence of non-compliance of the legislative mandate, and (2). serious general inconvenience and prejudice resulting from invalidating the act of the government for such non-compliance. the supreme court, speaking through jaswant singh j., in atlas cycle's case (supra), referred to the different categories of ..... rules, including schedule 'f', are bad in law and void since they have not been published and/or laid before the state legislature as required by the act.(3) inasmuch as the aforesaid amended schedule 'f' regulations governing the conditions of services of the teachers, including their pay and allowances have no nexus with the .....
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