Court : Gujarat
Reported in : AIR2000Guj129; (2000)3GLR169
..... of the matter, he was satisfied that even if all the allegations levelled against the municipality were correct, the case would not fall within the mischief of section 263 of the act and action of dissolution of municipality was uncalled for. in the circumstances, the order passed by the state government was unlawful, illegal and was rightly set ..... aside. it was further submitted that though prayer of the petitioners was only to quash and set aside the order passed by the state government under section 263 of the act, the learned single judge has exceeded his jurisdiction in granting larger and wider relief by directing the authorities to hold election of the president and vice- ..... given and the actual adverse order must proceed with an action inspired notice.' 22. before the learned single judge, a decision in mohanlal v. r.m. desai, (1968) 9 guj lr 991 was also cited. the learned single judge, however, observed that the ratio laid down in mohanlal would not apply to the facts of the case .....
Tag this Judgment!Court : Gujarat
Reported in : (2000)2GLR1263
..... : air1987sc1239 , some areas within the local limits of one panchayat were sought to be declared as notified area in exercise of power under section 256 of the himachal pradesh municipal act, 1968. before declaration of such area as notified area, the residents of the locality were not consulted. it was contended that the action in ..... the state government, it was stated by learned addl. govt. pleader that chhani nagar panchayat was consulted before issuance of notification under sub-section (2) of section 9 of the act and that chhani nagar panchayat had also passed a resolution consenting to such action. in view of the fact that the petitioner-panchayat was ..... in the notification itself which is challenged by the petitioner, there is a recital to the effect that the notification was issued under sub-section (2) of section 9 of the act after consultation with baroda district panchayat, baroda taluka panchayat and chhani-bajwa gram panchayat. when such a recital is made in the notification, .....
Tag this Judgment!Court : Gujarat
Reported in : AIR2000Guj292; (2000)3GLR2679
..... in the original plot, which has been reconstituted are determined and the reconstituted plot has become subject to the right stated by the town planning officer. under section 54 (old act) any person who is continuing to occupy any land which he is not entitled to occupy under the final scheme is required to be evicted by the ..... -petitioner herein who had no legal and valid possession in this behalf. the learned counsel also referred to the provisions of the old town planning act i.e. town planning act 1955, particularly section 54 and rule 21 of the rules, particularly prior to its amendment and after its amendment & rule 27 and also relied upon the corresponding ..... mr. kamal. b. trivedi and mr. prashant g. desai, learned counsels have appeared for the corporation. the learned counsel stated that in this case on 10-5-1968 the state government has notified and sanctioned the draft town planning scheme no. 8 in connection with the land in question. on 4-8-68 the state government sanctioned .....
Tag this Judgment!Court : Gujarat
Reported in : (2001)2GLR1829
..... 1968 (1) scr 140.10. i have perused the entire award passed by the labour court. i have also considered the submissions made by both the learned advocates for the respective parties. before dealing with the contentions raised by both the learned advocates, it is necessary to consider the relevant provisions of section 33c(2) of the i. d. act ..... unwillingness to work and not by the omission of the employer to provide him work, and (ii) in such other cases and circumstances as may he prescribed.' section 20(1) of the act is also relevant for the purpose. it reads as under : '20. claims :- (1) the appropriate government may, by notification in the official gazette, appoint ..... held by the delhi high court as under : 'if the entitlement is based on service conditions, one does not have to take recourse to reference under section 10 of the act for adjudication of the matter. that situation would have become necessary only if there was a dispute about the entitlement to get the leave encashed. the .....
Tag this Judgment!Court : Gujarat
Reported in : (2001)2GLR964
..... life. the concept and theme of the protection of wild life is a fibre which runs throughout the provisions of the said act. according to the scheme of this act : - section 12 provides for the grant of permit for special purposes and accordingly it is lawful for the chief wild life warden to grant ..... the ministry of environment and forests (deptt. of environment, forests and wild life) issued the notification dt.!9th feb., 1991 under section 3(1) and section 3(2)(v) of the environment (protection) act, 1986 and section 5(3)(d) of the environment (protection) rules, 1986, declaring coastal stretches as coastal regulation zone (c.r.z.) and ..... . (iv) : 1994crilj2269 (directorate of enforcement v. deepak mahajan & anr.) p. 1783. (v) : [1986]1scr383 (m/s. girdhari lal and sons v. balbir nath mathur & ors.) (vi) : [1968]2scr117 (ganga bishnu swaika & anr. v. calcutta pinjrapole society & ors.) (vii) : (2000)iillj648sc (union of india & anr. v. g. ganayutham), para 28, p. 3395. (viii) : air1999sc393 .....
Tag this Judgment!Court : Gujarat
Reported in : (2000)4GLR1
..... are made available to the poor and needy.34. the second limb of the argument advanced on behalf of the petitioners is that by provisions of section 2 of repealing act of 1999, the act of 1976 having been totally repealed, the alleged excess vacant land taken possession of from the land owners and in which use has not commenced cannot ..... and are entitled to public assistance. the repeal will not, however affect land on which building activity has already commenced. for that limited purpose, exemptions granted under section 20 of the act will continue to be operative. amounts paid out by the state government will become refundable.5. the bill seeks to achieve the above purpose.new delhithe 4th june, ..... 675(4) kandige sham bhat and ors. v. the agricultural income tax officer air 1963 sc 591(5) udairam shah and ors. v. union of india and ors. air 1968 sc 1138(6) shashikant laxman kale and another v. union of india air 1990 sc 2114(7) m/s. larsen and toubro ltd. etc. state of gujarat and others. .....
Tag this Judgment!Court : Gujarat
Reported in : (2000)4GLR425
..... public interest. appellate judicial officer whose performance and integrity was otherwise reported not bad, compulsorily retired on the basis of a single act of granting anticipatory bail in a criminal case under sec.307 of ipc. no ulterior motive found in the appellant's order though high court on judicial side strongly criticised it and appellant ..... years and hence there is no question of granting the relief of reinstatement in favour of the petitioner. as discussed earlier, since the challenge to the vires of section 161 (1) (aa) of the bcsrs has not been pressed by the petitioner, that aspect of the matter is not required to be gone into.52. ..... or reason for the authorities to retire the petitioner compulsorily. there is also reference to the preliminary inquiry which was held against the petitioner in the year 1968 wherein, ultimately, after full-fledged inquiry, the petitioner was fully exonerated of the charges levelled against him with the finding that the petitioner was not at .....
Tag this Judgment!Court : Gujarat
Reported in : (2002)1GLR567
..... admitted fact that each of the above-referred 50 employees received monthly wages exceeding rs. 1600/-. in view of the provision contained in sub-section 6 of section 1 of the act, the provisions of the act, shall not apply. the application made before the concerned authority is, therefore, not maintainable. besides, it is also an admitted fact that ..... amendment to the existing reference and not an additional reference was a mere technicality which did not merit any consideration. i should think that sub-section (5) of section 10 or section (5) of section 20 which though in terms may not be applicable to an amendment of this character, do in addition support the inference that such amendment ..... 3-12-1999.24. mr. shahani submitted that the apex court in the matter of dabur pvt. ltd., deoghar, bihar v. its workmen, reported in air 1968 sc 17, has laid down a law to the effect that the government can correct the mistake and that such correction does not amount either to withdrawal of the .....
Tag this Judgment!Court : Gujarat
Reported in : (2002)4GLR3502
..... of 30 days from the date on which the order is communicated to the aggrieved person. such an order should not be an order under sec. 11 or sub-sec [1] of sec. 30 of the act. the legislature has also conferred power upon the appellate authority to condone delay in filing an appeal if it is shown that the appellant was ..... aside [ or vary or modify ] its earlier actions. 12. reading both the provisions in the aforesaid manner, the reasoning of the appellate tribunal that because notification under sec. 10(3) of the act was issued and therefore the appeal was not maintainable cannot be sustained. the learned counsel for the respondents has not been able to show any provisions of law ..... further averred in para-11.5 to the effect that 'i submit that it is the say of the petitioners that they are residing over the lands in question since 1968, however, there is no evidence to show that the said lands are running in the names of the petitioners in the revenue record. in short, the effect of the .....
Tag this Judgment!Court : Gujarat
Reported in : (2002)3GLR92
..... pandit, learned advocate for the petitioner - housing board has relied upon certain definitions of words like `family', `person' and `agriculture' given under the urban land ceiling act under section 2, which runs as under :-2[f] 'family', in relation to a person, means the individual, the wife or husband as the case may be, of such ..... the state government on 15th january, 1983. the competent authority has invited objections from the interested persons. thereafter, on 30th july, 1983 notification under section 10[3] of the act was passed by the competent authority and published in the government gazette dated 13-10-1983, notifying that the excess vacant land vested absolutely in the ..... even the tribunal has recorded that the father of the petitioner had died on 16th may, 1968 i.e. long before the commencement of the act. in fact, it was the appellant who had made the declarations under section 6 of the act and had also preferred the above referred appeal no.2 of 1992 before the urban land .....
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