Court : Gujarat
Reported in : (2004)1GLR381
..... therefore, on 1st august 1956 when the amended sections 43c and 88(1)(b) with its proviso as amended by act 36 of 1965 came into force, the land being not in municipal corporation area, would not enjoy the exemption as conferred on the land within the municipal corporation area by the notification issued on 9th august ..... the hon'ble supreme court has held as under :-'sections 43 and 88(1)(b) of the tenancy act of 1948 were amended by the bombay tenancy and agricultural lands (gujarat amendment) act, 1965, (gujarat act 36 of 1965). ..... aggrieved by the said orders of the appellate authorities, the respondent no.1 society had filed in all 89 revision applications before the gujarat revenue tribunal, under section 76 of the tenancy act and the tribunal, vide its common judgment and order dtd.29.02.1996 have allowed all these revision applications and quashed and set aside the orders passed by the appellate authorities.6. ..... court at length discussed the effect of the notification issued under section 88(1)(b) as amended by bombay tenancy & agricultural lands (gujarat amendment) act, 36 of 1965. ..... however, the additional mamlatdar and alt vide his orders passed on different dates had held that there was a breach of the provisions of section 63 of the tenancy act and as the parties were not agreeable for the restoration of the lands to the position obtained immediately before the sales in question, the lands in question were ordered to be forfeited to the ..... state of west bengal and others, 2000 .....
Tag this Judgment!Court : Gujarat
Reported in : 2006CriLJ859; (2006)1GLR393
..... . state of west bengal, : 1975crilj791 , has held that where the order exfacie is made with a view to prevent an act prejudicial to the maintenance of public order, the detaining authority cannot be permitted to show that in fact the order was made to prevent an act prejudicial to the maintenance of supplies and services essential ..... it is true the court cannot go behind the subjective satisfaction of the detaining authority, but such satisfaction does not confer a blanket power which may authorize the detaining authority to act in a ruthless or arbitrary fashion and the judicial decisions have undoubtedly carved out an area, though limited, within which the subjective satisfaction of the detaining authority can be tested on the touchstone of objectivity. ..... state of gujarat, 1993 supp (3) scc 754, with special reference to paragraph 4 thereof, wherein the court has referred to para 4 of the statements and objects of the act, to point out that the definition of property grabber' read with section 3(1) of the act contemplates taking illegal possession of public or private lands by musclemen of some means, often got from bootlegging, and constructing or permitting construction thereon of unauthorized structure or selling, leasing or giving ..... for the petitioner seeks permission to amend the cause title of the petition ..... ., 72 indian appeals 144, while granting special leave to appeal in respect of a detention, the judicial committee of the privy council did not stay the operation of .....
Tag this Judgment!Court : Gujarat
Reported in : 2002CriLJ4827
..... state of west bengal(reported in air 1998 s.c. ..... this series ofincidents, which is proved beyond doubt by theprosecution clearly denotes that the act of the appellantwas premeditated and with an intention to kill. ..... we also find that the dyingdeclarations recorded at ex.20 and ex.24 alongwithcase-papers at ex.26, wherein, case-history is recordedare reliable evidence to act upon. .....
Tag this Judgment!Court : Gujarat
Reported in : (2006)3GLR1840
..... in state of west bengal v. ..... illegal omission to apprise the police or magistrate of the design of afzal and other conspirators to attack parliament which is an act of waging war, the appellant shaukat has made himself liable for punishment for the lesser offence under section 123 i.p.c. ..... appellants and other two accused preferred application under section 227 of the code as well as under section 33 of the act praying for discharge on the ground that no case is made out for framing of charge against them. ..... during the course of further investigation, statements of present appellants-accused were recorded under section 32 of the act along with the statements of other co-accused and also recorded statement of various other witnesses, collected the documentary evidence and called ..... prem was dealing in export of sheep and goat in the name and style of yasin khamasa meat trading from tuna port, kachchh, gujarat to dubai and was permanently settled in dubai since 1978 having the address of sona bazar area, alsur road, near kuwaiti mazjid, dubai. ..... that prahladbhai and kirtibhai being employees of patel onlines transferred money from one place to another through 'hawala' transaction in indian currency by receiving it from one thanmal marvadi kaka and this being their routine business for earning more commission, their act should be treated as bona fide. ..... has dealt with the scope of section 227 of the code and section 33 of the act on the basis of law laid down by the apex court in paragraph no. .....
Tag this Judgment!Court : Gujarat
Reported in : [1995]84CompCas230(Guj)
..... is the nature of the concern or interest of the management in such item of business, the idea being that the shareholders may not be duped by the management and may not be persuaded to act in the manner desired by the management unless they have formed their own judgment on the question after being placed in full possession of all material facts and apprised of the interest of the ..... and members of their nominees and members of their respective groups be ordered and decreed to specifically perform the family arrangement mentioned in prayer (a) above and for the said purpose to do all acts, deeds and things as may be necessary for the purpose of placing the companies mentioned in exhibit 17 to the counter-claim under the management and control of the plaintiff to the counter- ..... -claim and members of their groups; (b) that it be declared by this honourable court that the defendants to the counter-claim and their nominees and members of their respective groups are found and liable to act in accordance with the family arrangement mentioned in prayer (a) above; (c) that it be declared by this honourable court that under the family arrangement the companies mentioned in exhibit 17 to the counter-claim ..... recommendation of daphtary-shastri committee by the companies (amendment) act, 1965 ..... to one such subsidiary company while the holding of mafatlal industries limited in indian dyestuffs industries limited and hoechst dyes and chemicals limited, would be transferred ..... ..... .....
Tag this Judgment!Court : Gujarat
Reported in : (1962)0GLR492
..... government of west bengal [1961 ..... likely to be prejudicial to the interest of the master or to the reputation of the master; (ii) where the act or conduct of the servant is inconsistent or incompatible with the due or peaceful discharge of his duty to his master; (iii) where the act or conduct of a servant makes it unsafe for the employer to retain him in service; (iv) where the act or conduct of the servant is so grossly immoral that all reasonable men will say that the employee cannot be ..... ; (vi) where the act or conduct of the employee is such as to open before him temptations for not discharging his duties properly; (vii) where the servant is abusive or if he disturbs the peace at the ..... trusted; (v) where the act or conduct of the employee is such that the master cannot rely on the faithfulness of his employee ..... special knowledge of the defendant and, in these circumstances, no amendment of the plaint was really necessary. ..... in the indian constitutional context .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1994Guj153
..... person has either paid or made satisfactory provision for payment of all existing liabilities under this act, 1947 (21 of 1947), the indian income-tax act, 1922 (11 of 1922), the wealth-tax act, 1957 (27 of 1957), the expenditure-tax act, 1957 (29 of j957), the gift-tax act, 1958 (18 of 1958), the super profits tax act, 1963 (14 of 1963) and the companies (profits) surtax act, 1964 (7 of 1964) or (b) the registration of the document will not prejudicially affect the recovery ..... different provisions of the act, it appears that prior to amendment act (no. ..... general of registration, ahmedabad accepted the objections mentioned in the audit report dated february 12, 1976 drawn up by the accountant general, gujarat and instructed the sub-registrar, surat vide letter dated february 18, 1978 to take immediate follow-up action in the case. ..... , surat thereafter called upon the dena bank to produce the instrument by letter dated july 21, 1978 and initiated appropriate proceedings after dena bank produced instrument before him along with its letter dated august 14, 1978. ..... general of registration, ahmedabad accepted the objections raised in para 5 of the audit report and instructed the sub-registrar, surat to take immediately the follow-up action by letter dated february 18, 1978. ..... registrar, therefore, informed the applicant-firm to present the said document before the collector of stamps, surat and requested the collector of stamps, surat to take appropriate action vide letter dated june 14, 1978. .....
Tag this Judgment!Court : Gujarat
Reported in : 1996CriLJ2680; (1996)2GLR267
..... regard to reinstatement and back wages and since the alhar co-operative credit society did not comply with the order of the labour court, applications under section 33c(2) of the industrial disputes act were filed in succession for different periods and as proceedings did not bring positive result for satisfying the award, sham lal ultimately moved the high court for contempt action and the high ..... ' west bengal - in section 33c of the principal act, in sub-section (1), for the words 'to the collector who shall proceed to recover the same in the same manner as an arrear of land revenue', the words 'to the chief judicial magistrate or the chief ..... navin flourine industries, reported in 1981 glh 259 : (1981 glr 1070), this court held that power of the high court under the contempt of courts act, does not depend on whether or not the petitioner can approach the labour court or can file civil suit or apply for execution of the award through the collector by way ..... it will be fruitful to refer and reproduce them hereunder : state amendments - section 33c 'andhra pradesh - in sub-section (1) of section 33c of the principal act, for the words 'to the collector who shall proceed to recover the same in the same manner as an arrear ..... indian oil corporation, reported in 1995 ii clr 767, has taken a view that the jurisdiction of the court should not be invoked when there is an alternative remedy available to a workman to approach industrial forum under section 33c of the industrial disputes act .....
Tag this Judgment!Court : Gujarat
Reported in : (1964)0GLR804
..... . of course it was not set out as to what were the amounts of the debts due and owing to them by the amendment by the companies (amendment) act, 1960, all that was required to be set out in the explanatory statement was the nature of the concern or interest and not the extent of the concern or interest. ..... since the averments in this paragraph did not seek to introduce any new ground of attack but merely amplified the allegations already contained in the petition, i allowed the amendment in so far as it related to this paragraph even though the amendment was applied for at a very late stage of the proceedings after the learned advocates appearing on behalf of the petitioners and bharat kala bhandar limited had concluded their respective arguments and the learned ..... following the enactment of this section the legislature introduced section 153c in the indian companies act, 1913, providing an alternative remedy for putting an end to oppression or mismanagement on the part of the controlling ..... section was introduced in the indian companies act, 1913, by act lii of 1951 following the enactment of section 210 in the english companies act, 1948. ..... was in the indian companies act, 1913, section 153c which corresponded to sections 397 and 398 of the companies act, 1956. ..... to the enactment of the companies act, 1956, the statute relating to companies was the indian companies act, 1913. ..... indian textile traders made an offer for purchase of the machinery of the company for ..... indian textile .....
Tag this Judgment!Court : Gujarat
Reported in : 2001CriLJ2209; (2001)1GLR306
..... case of bhanubhai nagjibhai patel (supra) was formerly filed to challenge an order of detention passed under the act under article 226 of the constitution of india and later on the petitioner moved this court for amendment in petition, and by amending main writ petition added a relief of issuances of a writ of habeas corpus in his main writ petition, and after making such amendment, it was submitted by the petitioner of that case that this court which is presiding over by a single ..... the state of west bengal, 1975 (2) scr 493 : air 1974 sc 2353 ..... that earlier order dated 19-2-1999 passed by respondent no.2 was based on about 19 prohibition cases under the bombay prohibition act, 1949 and two cases under the indian penal code registered in gomtipur police station. ..... be in the interest of justice and in the fitness of things to know certain following admitted facts which are summarised in chronological orders of dates :(i) during the period from 28-7-1997 to 23-2-1998 about nineteen prohibition cases and two indian penal code cases were lodged against the present petitioner. ..... as per section 106 of indian evidence act, when any fact is especially within the knowledge of any person, the burden of proving that fact is upon him, and therefore, the detaining authority cannot expect from the petitioner to submit that what ..... 302 and 307 of the indian penal code on 13-6-1985 and in that ..... -148-149-323-325-186-333-504 of indian penal code and also under section 135(1) of the bombay police act. .....
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