Court : Gujarat
Reported in : (2006)2GLR1233
..... plea of waiver is not raised in the respondents' pleadings and such a contention cannot be permitted to be raised at the time of arguments without foundation or pleading. the protest was made against the police arrest before the meeting commenced and also after the meeting commenced as is clear from the video ..... opposed their applications and submitted that these applications are in the nature of recrimination application similar to application under section 97 of the representation of the people act, 1951. it is, however, submitted that admittedly these two applicants were neither arrested by the police nor were they prevented by any person from attending ..... as the president of anand municipality. the petitioners in the other two petitions have supported the prayer for the said declaration.2. since the gujarat municipalities act, 1963 does not provide for any machinery or forum for determining challenge to election of president and vice president of the municipality, this court has .....
Tag this Judgment!Court : Gujarat
Reported in : 181(2003)CLT134
..... for the tax.(q) the decision of the supreme court in standard triumph motor co. ltd. v. cit : [1993]201itr391(sc) which was rendered in context of sections 5(2) and 145 of the said act, was cited to point out that, where there was a collaboration agreement between a non-resident and an indian company and ..... and other circumstances attending that type of payments.(j) the decision of the supreme court in ferro alloys corporation ltd. v. a.p. state electricity board : [1993]3scr199 where the supreme court was concerned with the question of payment of interest on security deposit by high tension consumers of electricity shows that, in that context, it ..... '11. the letter of credit, in the present case, as is usual, states that : 'this credit is subject to the uniform customs and practice for documentary credits 1993 revision)--international chamber of law publication no. 500'. under article 2 of the u.c.p. (which applies to all documentary credits), documentary credit means any arrangement, however .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1964Guj44; (1964)GLR198
..... purpose. the words ^^lkfks jgsokuq ns** do not mean that the appellant and the minor have to stay in we same premises. in these circumstances, the very foundation of mr. zaveri's argument in support of a family arrangement viz. the argument that the agreement creates no fights in the appellant but is merely for the benefit ..... is concerned, for the reasons indicated above, with the utmost deference, we take a different view. in our judgment, the chapter relating to licences in the easements act contains complete provisions in itself as far as licences are concerned. h provides all that was necessary to provide in connection with licences. section 58 provides as to who ..... (c) where it has been granted for a limited period, or acquired on condition that it shall become void on the performance or non-performance of a specified act, and the period expires, or the condition is fulfilled; (d) where the property affected by the license is destroyed or by superior force so permanently aflterea that .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1973Guj80
..... expressly recorded or the materials on the record are inadequate for such satisfaction, the consent decree could not be said to be a nullity, so long as there is foundation for invoking the jurisdiction of the rent court.'it is further observed therein:'therefore, the view of our learned brothers divan. j. and shah j. that if the ..... by lord esher m.r.' the ratio which has been laid down by the division bench of this court is in the following terms:'if therefore, there is foundation for the 'exercise of jurisdiction of the rent court, the eviction decree could not be treated as a nullity merely on the ground that the satisfaction of the ..... proceedings, especially when the parties are represented by the advocates.'it is further observed therein:'if these relevant terms in the consent terms provide the basis or foundation by showing the existence of the relevant grounds under the act, it would be for the court concerned to be satisfied as to the existence of the relevant ground under the .....
Tag this Judgment!Court : Gujarat
Reported in : (2005)1GLR1
..... dismissals from service be quashed, respondents directed to reinstate them in service with all privileges, benefits and full backwages.4. through affidavit dated 6th april, 1993, cisf, ipcl unit, baroda, submitted that the petition is not maintainable because of separate dismissal orders against the petitioners, therefore, separate cause of ..... delinquent. it is an extraordinary power. consequently, for exercising extraordinary power, extraordinary circumstances should exist. otherwise, the power may corrupt the authority in acting and defeat the purpose of vesting such powers in the authority. power has been given for public purpose, therefore, it must be exercised in public ..... office with a bonafide belief that the protest may invite the attention of ipcl management to their genuine grievances. however, cisf took it serious act of misconduct and indiscipline, and passed orders for the dismissal of petitioners from service without serving notice, charge sheet and offering an opportunity of .....
Tag this Judgment!Court : Gujarat
Reported in : [1977]106ITR424(Guj)
..... indicated above. we think that the revenue was right when it was contended on its behalf that entertainment is hospitable treatment of guests and every act of entertainment includes hospitality. but, in our opinion, that would not warrant the converse position to be correct and every hospitability would not constitute ..... s judicial dictionary, 4th edition, volume 2. the following observation has been relied upon which appears at page 916 under the term 'entertainment' : 'by refreshment houses act, 1860 (c. 27), section 6, a refreshment-house requiring a licence was a building 'kept open for public refreshment, resort, and entertainment'. 'entertainment', as ..... , we find the following meaning of the word 'hospitality' : '1. the act or practice of being hospitable; the reception and entertainment of guests, visitors or strangers with liberality and goodwill. 2. hospitableness - obs. 3. a hospitable institution or foundation; a hospital (sense 2).' 16. we find the following meaning of the term .....
Tag this Judgment!Court : Gujarat
Reported in : [2005]125CompCas765(Guj); [2004]56SCL133(Guj)
..... avoid the agonies of large number of persons adversely affected by the fall of a company. the most important task assigned to the liquidator under the companies act while acting as liquidator of a company ordered to be wound up is to collect assets of the company and sell them and to distribute the realisation amongst all ..... for recovering properties of the company as otherwise it will become virtually impossible to order winding-up of a company (in liquidation).27. under section 446 of the act, the legislative intent to permit the high court from initiating proceedings straightway as if they were proceedings of the court of an appropriate jurisdiction is clear; that ..... winding-up proceedings to suit their personal interest. [faizabad distillers pvt. ltd. v. salim tailor, [1993] 76 company cases, 127 (all.)]28. that once it is found that a person is a trespasser, proceedings under section 446 of the act are 'due process of law', and the trespasser as such can be directed to be evicted, and .....
Tag this Judgment!Court : Gujarat
Reported in : (2003)4GLR325
..... dismissed by the labour court on the ground that the petitioner has not approached the employer as required under section 42(4) of the bombay industrial relations act ('bir act for short), before filing the said application and also on the ground that the application was barred by limitation. the said order was passed by the ..... by filing the affidavit.'15. mr. dave has further relied on the decision of this court in the case of babubhai ranchhodbhai patel v. state of gujarat, 1993 (2) glr, page 705, wherein it is held that 'when the matter remained pending in the court for number of years after being admitted, the court ..... to claim any benefits with regard to reinstatement or backwages against national textile corporation. the provisions contained in section 14(4) of sick textile undertakings (nationalisation) act, 1974 are very clear, which prohibits the employee from claiming any relief against the central government or national textile corporation. such person or employee may claim such .....
Tag this Judgment!Court : Gujarat
Reported in : 2004ACJ1657
..... appropriate remedy would be a civil suit and not a writ petition.[b] the decision of the division bench of this court in special civil application no. 3628 of 1993, rendered on 31st july 1995 was relied upon for the proposition that an insurance is a contract between two parties and it is not possible for a court exercising its ..... insurance business was nationalized in the year 1972 from 2nd january 1973 and the general insurance corporation of india was to carry out its objectives under section 9 of the act. the act of 1972 bestowed an exclusive privilege to operate, on the four nationalized insurance companies. however, the exclusive privilege was taken away by virtue of the provisions of the ..... policy for the first time in 1990 for a sum of rs.90,000=00. the sum insured under the policy was thereafter revised to rs.3 lakhs from 1993-94. the policy was being renewed from time to time on the regular payment of the premium amount by the insured and was lastly renewed on 4th october 2001. .....
Tag this Judgment!Court : Gujarat
Reported in : (2007)2GLR1306
..... is lead in the aforesaid references. 3. on behalf of the ongc, certain agricultural lands of the claimants were temporarily acquired for its project. somewhere in 1993, the general manager of ongc, mehsana project sent a proposal to the government for acquisition of the lands in question for a temporary period under section 35 ..... receiving certified copy of the award, reference application is preferred in time. the special land acquisition officer thereafter referred the matter under section 35(3) of the act. the said land acquisition references were accordingly decided by the reference court being reference no. 3134/03 to no. 3139/03. the 4th joint civil judge, ..... the amount of rent or compensation for a period exceeding three years from the commencement of such occupation. in a reference under section 35(3) of the act, the court can only determine compensation/amount in connection with the period of three years from the date of taking possession. considering the aforesaid provisions, it .....
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