Court : Gujarat
Decided on : Oct-14-2014
..... matter, section 53-a is required to be interpreted in the light of the recommendation of special committee's report and aims, objects contained in amending act 1929 of the act and specially when section 53-a itself does not put any restriction to plea taken in defence by a transferee to protect his possession under section ..... govt. of india as the same is well reflected in the aims and objects of amending act 1929 whereby section 53-a was inserted in the act. 15. the special committee's report which is reflected in the aims and objects of amending act 1929 shows that one of the purposes of enacting section 53-a was to provide protection ..... 2004 sc 4342 between rambhau namdeo gajre vs. narayan bapuji dhotra , wherein the honourable supreme court held that; "10. protection provided under section 53-a of the act to the proposed transferee is a shield only against the transferor. it disentitles the transferor from disturbing the possession of the proposed transferee who is put in possession in .....
Tag this Judgment!Court : Gujarat
Decided on : Sep-05-2014
..... ors. v. j.m. vyas reported in 1999 (3) glr 1892, a division bench of this court was considering section 263 of the gujarat municipalities act, 1963 as amended by amendment act of 1993 by which it enabled the state government to dissolve a municipality inter alia on the ground that it is not competent to perform its duties or ..... based on healthy conventions are the fruitful soil to nurture and for sustained growth of the federal institutions set down by the constitution. in the context of the indian constitution federalism is not based on any agreement between federating units but one of integrated whole as pleaded with vision by dr. b. r. ambedkar on the ..... being under any panchayat shall be met by that panchayat from its own fund. section 207 enables the state government to direct the posting of officers of the indian administrative service and of class ii services of the state under panchayat institutions. sec. 208 enables a panchayat to obtain the services of any officer of government on .....
Tag this Judgment!Court : Gujarat
Decided on : Sep-05-2014
..... consideration before a full bench of this high court in gujarat university v. sonal p.shah (air 1982 guj 58). the full bench, after taking notice of the amendment made in section 141 of the civil procedure code to the effect that the word 'proceeding' used in that section did not include a writ petition under article 226 of ..... as prayed for by the applicants. 23. in this connection, we may profitably refer to the following observations of the supreme court in paragraph 24 in the case of indian bank vs. abs marine products pvt. ltd., reported in air 2006 sc 1899 while distinguishing a precedent from mere directions: "24. one word before parting. many a ..... percentage of reservation so far as the members of the scheduled tribes were concerned. 3. the state authorities, for the purpose of the said recruitment had decided to act in terms of the g.r. dated 21st january, 1986 based on the recommendations of the sadhwani commission which provided for district-wise reservation. the grievance of the .....
Tag this Judgment!Court : Gujarat
Decided on : Dec-24-2014
..... the person in his lifetime, may amount to forgery. [note: the words `digital signature' wherever it occurs were substituted by the words `electronic signature' by amendment act 10 of 2009]. 13. the condition precedent for an offence under sections 467 and 471 is forgery. the condition precedent for forgery is making a false document ( ..... the present case. i may now consider whether the allegations in the complaint make out a case of 'criminal breach of trust' as defined under section 405 of ipc. the section reads as follows :- "405. criminal breach of trust.--whoever, being in any manner entrusted with property, or with any dominion over property, dishonestly ..... the second is the misappropriation or dealing with the property dishonestly and contrary to the terms of the obligation created. therefore, in relation to the offence under section 405 ipc, the first ingredient that needs to be established is "entrustment". in common cause v/s. union of india, reported in (1999)6 scc 667, the supreme .....
Tag this Judgment!Court : Gujarat
Decided on : Dec-24-2014
..... the person in his lifetime, may amount to forgery. [note: the words `digital signature' wherever it occurs were substituted by the words `electronic signature' by amendment act 10 of 2009]. 13. the condition precedent for an offence under sections 467 and 471 is forgery. the condition precedent for forgery is making a false document ( ..... the present case. i may now consider whether the allegations in the complaint make out a case of 'criminal breach of trust' as defined under section 405 of ipc. the section reads as follows :- "405. criminal breach of trust.--whoever, being in any manner entrusted with property, or with any dominion over property, dishonestly ..... the second is the misappropriation or dealing with the property dishonestly and contrary to the terms of the obligation created. therefore, in relation to the offence under section 405 ipc, the first ingredient that needs to be established is "entrustment". in common cause v/s. union of india, reported in (1999)6 scc 667, the supreme .....
Tag this Judgment!Court : Gujarat
Decided on : Sep-23-2014
..... any other educational institution recognized or declared to be a deemed university under section 3 of the university grants commission act, 1956. 10. in the amended form, therefore, the rule does away the requirement of establishing equivalence for appointment to the post of livestock inspector offered in the state, and recognizes a certificate of completion of ..... from any university established or incorporated under the central or the state act, or a deemed university so recognized under section 3 of the university grants commission act. an additional safeguard appended now is that such a course must be of atleast one year duration. the additional features of the amended rule 3 of the recruitment rules is that the candidate for direct .....
Tag this Judgment!Court : Gujarat
Decided on : Sep-12-2014
..... . the learned counsel further urged that the high court has committed an error in overlooking section 48 b inserted by indian stamp (madhya pradesh amendment) act, 1990 (24 of 1990], which received assent of the president and was published in the madhya pradesh gazette (extraordinary) dated 27.11.1990, applicable in ..... . clearly secondary evidence either by way of oral evidence of the contents of the unstamped document or the copy of it covered by section 63 of the indian evidence act would not fulfil the requirements of the proviso which enjoins upon the authority to receive nothing in evidence except the instrument itself. section 35 is not concerned ..... the original instrument which could be stamped. 58. in the case of som dutt builders limited (supra), the allahabad high court while examining the provisions of the indian stamp act has held and observed in para no.9 as under: "9. as regards the second issue that the additional district magistrate had no jurisdiction to initiate proceedings .....
Tag this Judgment!Court : Gujarat
Decided on : Jun-16-2014
..... university in its special meeting dated 6th june, 2014 considered the representation of the petitioner and confirmed its earlier decision. the petitioner, therefore, moved an amendment for challenging the resolution dated 6th june, 2014 which came to be granted. 4. in response to the averments made in the petition, the respondent ..... to establish a central national council for teacher education, for which purpose the indian parliament enacted the national council for teacher education act, 1993 (for short the act ). ncte was to be established in terms of section 3 of the act and was to consist of the persons specified therein. for the purpose of ..... fact, it renders the role of other bodies consequential upon grant and/or refusal of recognition. the council is the authority constituted under the central act and has the responsibility of maintaining education standards and judging upon the infrastructure facilities available for imparting such professional education. its opinion is of utmost .....
Tag this Judgment!Court : Gujarat
Decided on : Jul-15-2014
..... or (ii). published after the commencement of the land acquisition (amendment) act, 1984, shall be made after the expiry of one year from the date of the publication of the notification: provided further that no such declaration shall ..... by a notification under section 4, sub-section (1),- (i). published after the commencement of the land acquisition (amendment and validation) ordinance, 1967 (1 of 1967) but before the commencement of the land acquisition (amendment) act, 1984 , shall be made after the expiry of three years from the date of the publication of the notification; ..... in this special civil application, it will be profitable to refer to the provisions contained in sections 4, 5a, 6 and 17 of the act, as it stands after the gujarat amendment, which are quoted below:- 4. publication of preliminary notification and powers of officers thereupon.-- [1] whenever it appears to the appropriate government .....
Tag this Judgment!Court : Gujarat
Decided on : Apr-24-2014
..... 1017, the constitution bench of the supreme court, on a comparative study of the land acquisition act, 1894 and the land acquisition (madras amendment) act, came to the conclusion that if a land is acquired for a housing scheme under the amending act, the claimant gets a lesser value than he would get for the same land or a similar ..... manner in the efforts to benchmark the rbi prudential regulations to the international standards. these prudential norms are one of the building blocks for financial soundness of indian banks and any deviation would render the entire banking system weaker. further, any delay in recognition of deterioration in asset quality removes pressure on the banks to ..... pfc ltd. (power finance corporation ltd.)pfc [it is a pfi u/s 4a of the companies act]sixmonths6.rec ltd. (rural electrification corporation ltd.)rec [it is a pfi u/s 4a of the companies act]six months7.irfc ltd. (indian railway finance corporation )not rbi [as per rbi report]-8.ireda ltd. (as on 31.3. .....
Tag this Judgment!