Court : Gujarat
Reported in : (2005)3GLR1852
..... has prescribed the procedure required to be followed by the authority named therein before taking action under section 9(3) of the act :'21. re. ground (h) : this ground is available only in special civil application no. 97 of 1968 since in this case the show cause notice issued by the assistant collector did not give any opportunity ..... agricultural block had sold it to one chhaganbhai jivabhai, the petitioner of that case, after obtaining permission from the prant officer under section 31 of the act. respondent thereafter applied under section 35 of the act to the state government to revise the order of prant officer and staked his claim that he was eligible to purchase the ..... even after the authorities had the opportunity to notice the illegality of the transaction, the collector would be in a position to exercise power under section 9 sub-section (3) of the act. it is difficult to swallow such proposition of law. it is also difficult to accept that the collector would be in a position to .....
Tag this Judgment!Court : Gujarat
Reported in : [1977(34)FLR244]; (1977)0GLR241; (1978)ILLJ235Guj
..... of the illegal change as it is only penalising the employer and mere compensation can be awarded to the concerned workman affected by the change in issue. section 114 provides for the parties on whom the registered agreement, settlement or award are binding as in cases if such representative-union they bind all employees in ..... -mill company for a declaration of illegal change as being time-barred. the concerned watchmen were made permanent on april 10, 1967, may 1, 1968, august 1, 1968, and may 1, 1968 respectively and on the ground of the customary concession of amenity in the form of an allowance of rs. 4.50 p. per month in ..... the employer, employee relations, so that there would be real participation of the labour by a joint productive effort in the industrial production that the whole act has been enacted which avoids all industrial class warfare by substituting peaceful procedure of resolving disputes by collective bargaining with such a representative-union or other authorised .....
Tag this Judgment!Court : Gujarat
Reported in : (1997)1GLR647; (1997)IILLJ89Guj
..... :'educational qualifications have been recognised by this court as a safe criterion for go determining the validity of classification. in state of mysore v. p. narasinga rao. (1968-ii-llj-120) where the cadre of tracers was reorganized into two, one consisting of matriculate tracers with a higher scale of pay is and the other of non- ..... to sub-stitute that expert body and the executive government in the task of pay fixation. it cannot be said that in taking the impugned decision the authority has acted arbitrarily or committed any grave error to justify interference by this court. the question of equation of posts or equation of pay, must be left to the executive ..... 1973 in the scale of rs. 425-700. according to his say a statutory body known as board of experts was created under the provisions of the bombay prohibition act. the state government maintains a separate library meant for the use of board of experts, of which the director, drug control administration, respondent no. 3 herein, is .....
Tag this Judgment!Court : Gujarat
Reported in : (1979)GLR413; (1979)0GLR413; [1979]118ITR134(Guj)
..... expiration of a period of nine months from the end of the month in which the instrument of transfer in respect of such property is registered under the registration act, 1908.' 29. section 269d(2)(a) enjoins the competent authority to cause a notice under sub-s. (1) in respect of any immovable property to be served on the transferor, ..... high court of kerala in state of kerala v. madhu [1974]klt 143 extending the decision of the supreme court in p.p. hassan koya's case air 1968 sc 1201, held that interest from gilt-edged securities has no application to the present day condition since land investment is not considered the best investment in the present circumstances ..... what should be the suitable, appropriate and just rate of capitalisation for purposes of estimating the value. the supreme court in p.p. hassan koya's case air 1968 sc 1201 has held that it cannot be laid down as a general rule applicable to all situations and circumstances that a multiple approximately equal to the return from .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1977Guj37; (1977)GLR241
..... with such a representative union or other authorised representatives of employees, and if there is no agreed solution, by resorting to compulsory adjudication under the act. that is why in section 46(2) the employer is prohibited from making any change in industrial matters mentioned in schedule ii which are substantial matters without giving any notice of ..... 1949. but an application for an illegal change was delayed upto june 8, 1949. at that time the proviso for condonation of delay was introduced in section 79(4) of the act. assuming that the limitation had started soon after april 9, 1948, there was some substance in the objection of limitation. thereafter these relevant observations were ..... company for a declaration of illegal change as being time barred. the concerned watchmen were made permanent on april 10, 1967, may 1, 1968, august 1, 1.968 and may 1, 1968 respectively, and on the ground of the customary concession of amenity in the form of an allowance of rs. 4.50 per month in .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1985Guj164; [1985]58CompCas717(Guj); (1985)1GLR465
..... , between the insurer and the insured. obviously, so long as the policy subsists, it cannot be permitted to raise defences other than those which are specified in sub-section (2) of section % of the act. we do not think that the supreme court intended to lay down such a wide proposition as canvassed by the appellants. we fail to appreciate why the insurer ..... v. concord of india insurance co., air 1951 punj 114.14. same view has been taken by the jammu and kashmir high court in rosanna bhalla v. sudeshkumar, 1968 ace cj 63 : (air 1968 j & k 2) by the madras high court in queensland ins. co. v. rajalakshmiammal, 1970 ace cj 104, by the punjab high court in himachal govt. transport ..... that the decision of the delhi high court in vimal rai's case was not followed by the punjab and haryana high court in pull bus service v. financial commr., 1968 acc cj 57 and by the madras high court in v. muthuswami goundar v. thulasi ammal, 1970 acc cj 18; queensland ins. co. v. rajalakshmi ammal, 1970 acc cj .....
Tag this Judgment!Court : Gujarat
Reported in : (1982)28CTR(Guj)158; [1983]144ITR304(Guj)
..... the whole property and there are no tenants...... (11) the vendor shall before the completion of sale furnish to the preacher, s attorneys the certificate under section 34 of the welath-tax act. if after the date of these presents and before 30th november, 1963, any notice of acquisition or requisition of any substantial part of the land is received ..... 36 lakhs of consideration remained outstanding. (6) sale deed was not executed. subsequently : rest of the amount was paid buy two installments between 1-3-=1967 and 27-3-1968. 6. sale deeds were executed on 20-11-1970, 27-11-1970, 26-1-1971 2-5-1972, more than four years after the valuation date. 7. it was ..... thereafter four installments of rs. 17,50,000 each were paid towards the sale price between janunary 18, 1963, and march 27, 1968. the purchasers thus paid a total consideration of rs. 1,07,75,213 by march 27, 1968. property was conveyed to the purchasers by four deeds of conveyance dated november 20, 1970, november 27, 1971, janunary 26, .....
Tag this Judgment!Court : Gujarat
Reported in : I(1995)ACC642; 1994ACJ970; (1993)2GLR639; (1994)1GLR681
..... co. 1977 acj 343 (sc), the supreme court has amply clarified the legal position in this regard. in the said decision, after considering section 95 of the motor vehicles act and various sub-sections thereof, the supreme court has observed in para 22 of the said decision that the law does not require that a policy of insurance should cover ..... the risk of passengers who are not carried for hire or reward. consequently, the supreme court observed that since under section 95 of the act, the risk of a gratuitous passenger is not required to be covered, it could be safely held that the insurance company would not be liable under ..... the appreciation of evidence on record, it will be pertinent to note the well settled principle of law pertaining to such appreciation. in gopalkrishnaji ketkar's case air 1968 sc 1413, the supreme court has laid down that the party which is in possession of the best evidence is under an obligation to produce the same, irrespective .....
Tag this Judgment!Court : Gujarat
Reported in : (1975)16GLR610
..... other petitioners are 24 in number. many of these petitioners are registered dealers and some are in process of obtaining registration under the act. under section 49(2) of the act, the state government is authorised by the legislature to issue notification in the official gazette giving exemption from sales tax to any specified class ..... in a village industry established by such board;or2. purchases by the khadi & village industries commission constituted under the khadi & village industries act, 1956, which under sub-section (2) of sec 18 is deemed to be a registered dealer, of sugarcane for use by such commission in the manufacture of khandsari in a village ..... through khadi and village industries has remained the same, as is clear from the following excerpts from 'khadi and village industries' committee report of february, 1968.'2.9 mahatma gandhi had emphasised that mere pursuit of the social objective of providing employment to the people or the economic objective of producing khadi for .....
Tag this Judgment!Court : Gujarat
Reported in : (2002)175CTR(Guj)66
..... is the property of such trust, shall be decided by the deputy or assistant charity commissioner or the charity commissioner in appeal as provided by the act. sub-section (2) of section 79 lays down that the decision of the deputy or assistant charity commissioner or the charity commissioner in appeal, as the case may be, shall, ..... his private property. 2. the tribunal has concluded that the lands in question were wakf properties belonging to the roza trust, and that the exemption under section 11 of the act was available to the assessee-roza trust, provided that conditions mentioned therein are fulfilled. it was held that the actual expenditure on the sajjadanashin and his ..... law applicable to the subject-matter at both the times must be the same.17.2. in the municipality of taloda v. the charity commissioner, bombay alr 1968 sc 418, where the previous suit was brought by the municipality against a trespasser for declaration of its title to the suit property and eviction of trespasser and .....
Tag this Judgment!