Court : Gujarat
Reported in : (1963)GLR795
..... . it was there argued that reading the definitions of 'an industrial matter' and 'an industrial dispute' in sections 3(17) and 3(18) of the bombay industrial relations act, 1947, the industrial court was given the power to decide disputes as to the mode of employment and that that contravened the fundamental right guaranteed under article 19(1)(g), for it enabled an industrial court to adjudicate on the mode of employment and thus interfere with the right of an employer to carry on his trade as he liked subject to reasonable restrictions ..... thing which the court never does in the matter of personal service, (2) that the court would refuse injunction, it the effect of it would be to reduce the employee either to idleness or starvation, (3) that the grant of an injunction being discretionary and such discretion being one, which is to be exercised according to well settled principles, the court would refuse to exercise it, if the terms of the agreement are unreasonable or unnecessarily wide, (4) that the court would refuse to exercise ..... . by an agreement dated march 22, 1961, made between the plaintiff-company and the defendant, it was agreed that the defendant, who is a qualified technician and a diploma holder in textile technology, should serve the company for a period of five years commencing from may 1, 1961, on the terms and conditions contained therein ..... . kamgar sabha : (1961)illj313sc where a contention of a similar nature was put forward before the supreme court .....
Tag this Judgment!Court : Gujarat
Reported in : (1964)0GLR746; [1965]56ITR621(Guj)
..... , a notice containing all or any of the requirements which may be included in notice under sub-section (2) of section 22, and may proceed to assessee or reassess the income, profits or gains of the assessee for all or any of the years referred to in clause (i) and thereupon the provisions of this act excepting those contained in clauses (i) and (iii) of the proviso to sub-section (1) and in sub-sections (2) and (3) of this section shall, so far as may be, apply accordingly : provided that the income-tax officer shall not ..... court clearly show that the class of assessees which was selected for special treatment by section 5(1) of the act xxx of 1947 was dealt with by sub-section (1a) after the introduction of that sub-section in section 34 with this modification that defects of classification which were alleged to exist in section 5(1) were cured by the basis of classification being made more definite and if that be so, the conclusion is irresistible that sub-section (1a) was enacted as a special provision and must be construed as such. 14. mr. i. m. ..... that alleged defect was cured in section 34(1a) inasmuch as the legislature clearly indicated there what it meant when it said that the said object of act xxx of 1947 was to catch persons who, to a substantial extent, had evaded payment of tax, in other words, what was seemingly indefinite within the meaning of the word 'substantial' had been made definite and clear by enacting that no evasion below a sum of one lakh was within .....
Tag this Judgment!Court : Gujarat
Reported in : (1965)ILLJ155Guj
..... it will be observed that this definition is wider than that of 'an industrial dispute' in the industrial dispute act, 1947, for there an industrial dispute means one that is collective and not one concerning an individual workman. ..... 78(1a) of the act, the learned judges came to the conclusion that the labour court was empowered to decide disputes regarding legality or propriety of an order passed by an employer acting under the standing orders and was not confined only to satisfy itself as to the legality or propriety of an order passed by an employer as the language of the section itself showed that the powers of the labour court were wider than the powers of a court exercising a revisional jurisdiction. ..... 27(1) section 78 of the bombay industrial relations act is enacted in a different context and contains a totally different language and therefore this decision cannot be used for its construction. ..... 40 excluded the first sub-section because of the non-obstante clause, and that the industrial court was not bound by the first sub-section or the standing orders. ..... a only in that section, the section provides that the labour court shall have jurisdiction to decide - (a) disputes regarding - (i) the propriety or legality of an order passed by an employer acting or purporting to act under the standing orders; (ii) the application and interpretation of standing orders; (iii) any change made by an employer or desired by an employee in respect of an industrial matter specified in such. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1968Guj38; (1967)GLR225
..... in that case, the levy of licence fee under section 548, sub-section (2), of the calcutta municipal act 33 of 1961 was challenge. ..... patel contends that, if we were to do this, then, we would be striking the levy as illegal not on a definite finding recorded that it is not a fee and that it is a tax, but merely on the ground that the first respondent had not discharged a burden which, in the opinion of the court, shifted on to it because the latter had not maintained a separate fund. mr. ..... broadly speaking, that section empowers the municipality to charge a fee for any licence granted by the municipality under the act, or any; permission given by it for making any temporary erection or for putting up any projection, or for the temporary occupation of any public street or other land vested in the municipality under the act. ..... (1) when any licence is granted by the municipality under this act, r when permission is given by them for making any temporary erection or for putting up any projection or for the temporary occupation of any public street or other land vested in the municipality, the municipality may charge a fee for such licence or permission: provided that when permission is given for putting up a projection, the municipality may charge every year a recurring fee until the projection is removed. ..... one is a fee for a licence, another is a fee for permission for making use of a municipal property or land, and the third is for he use of certain kinds of municipal properties. .....
Tag this Judgment!Court : Gujarat
Reported in : (1973)14GLR826
..... though the new definition of 'annual letting value' in clause (i) of section 2(1a) is on its face uniformly applicable to assessments of all lands and buildings prior to 1st april 1970, it is in its operation and effect confined only to assessment proceedings pending on 3rd december 1969 and has no impact on assessments, final and closed before that ..... .25. now the new definition of 'annual letting value' in section 2(1a) clause (i) on its face applies equally to all assessments of lands and buildings for the period prior to 1st april 1970, but, in its operation and effect, it is confined only to those assessments which are not completed on or before 3rd ..... made a radical departure in the definitions of 'annual letting value' and 'rateable value' and section 7 of the act introduced the following definitions with retrospective effect by adding section 2(a) and substituting section 2(54):(1a) 'annual letting value' means, - (i) in relation to any period prior to 1st april, 1970, the annual rent for which any building of land or premises, exclusive of furniture or machinery contained or situate therein or thereon, might, if the bombay rents, hotel and lodging house rates control act, 1947 were not in force, reasonably be expected to ..... penalty. whatever the stage at which the satisfaction is reached, the scheme of sections 274(1) and 275 of the act of 1961 is that the order imposing penalty must be made after the completion of ..... . had that been so, it would have been a fee rather than a .....
Tag this Judgment!Court : Gujarat
Reported in : (1973)14GLR537
..... award of the land acquisition officer who was collector for the purposes of the land acquisition act, and on april 6, 1961, the petitioners applied under section 18 calling upon the land acquisition officer to make a reference to the court and the petitioners paid court-fees of rs. ..... these are undoubtedly some of the general characteristics, but as there may be various kinds of fees, it is not possible to formulate a definition that would be applicable to all cases.the supreme court also pointed out in that case:if as we bold, a fee is regarded as a sort of return or consideration for services rendered, it is absolutely necessary that the levy of fees should, on the face of the legislative provision, be correlated to the expenses incurred by the government in rendering the services.it is important ..... the full bench of the allahabad high court there held that the definition of fee to be found in the three supreme court cases considered by the full bench ..... fee is an import even though it may not amount to tax and, therefore, it would fall within the inclusive definition of the word tax and ..... clause (2) shall effect:(b) the provisions of any law which the state may hereafter make:(i) for the purpose of imposing or levying any tax or penalty.article 366 is the definition article in the constitution and by clause 28 of that article word 'taxation' has been defined to include the imposition of any tax or impost, whether general, local or special, and 'tax' shall be construed accordingly. .....
Tag this Judgment!Court : Gujarat
Reported in : (1976)17GLR1017
..... unless the statute governing the person making the representation provides otherwise, result in an agreement enforceable at law, if the statute requires that the agreement shall be in a certain form, no contract may result from the representation and acting therefore but the law is not powerless to raise in appropriate case an equity against him to compel performance of the obligation arising out of his representation.public bodies are as much bound as private individuals to carry out ..... this approach was taken by their lordships with reference to the term 'prize competitions' in section 2(d) of the prize competitions act, 1955 which was a wide and unqualified definition ..... . the newly transferred chief justice shri reedy could not possibly have participated, his lord ship the chief justice shri reddy did not even object to his transfer but only sought time which was granted; one learned judge was ill; another was a subsequent ..... : [1974]1scr671 the allegations were that the government had by an agreement undertaken not to legislate for the acquisition of private forests for a period of 69 years, if the company purchased the forest lands for the purpose of its supply of raw materials and specifically subject to this agreement, the company had set up a plant for production of rayon plup ..... he also stated that he was hearing rumours about the correspondence since last 2 days and fee had now received definite instructions from respondent no ..... . veeramallappa : [1961]2scr295 by his lordship sarkar .....
Tag this Judgment!Court : Gujarat
Reported in : (1979)1GLR732
..... act came into force, all the lands and buildings comprising the port of kandla belonged to the central government and by virtue of clause (a) of sub-section (1) of section 29 of the 1963 act, the administration, control and management in respect of the said lands and buildings was transferred to the board but the central government did not divest itself of the ownership in the said lands and buildings and, ..... definitions of 'part c state' and 'state' in sections 3(41) and 3(58) of the general clauses act, counsel emphasised that the separate entity of the state of kutch becomes crystal clear, more so by the definition of 'state government' in section 3(60) of the said act ..... constituted in respect of any major port the board of trustees to be called the 'board of trustees' of that port consisting of a chairman, and if thought fit, a deputy chairman, both to be appointed by the central government, not more than 10 persons to be appointed by the central government and not more than 12 persons to be elected by such state or local bodies representing commercial, shipping or local interests as the central ..... act xxxi of 1857 was enacted for the levy of port dues and fees for the port of bombay and was intended to complement act xxii of 1855 as is clear from section vii of the said act ..... 1961 : [1962]2scr794 wherein the question which arose for consideration was whether the suit against the state of vindhya pradesh was properly framed or should have been directed against the union of india and .....
Tag this Judgment!Court : Gujarat
Reported in : (1979)GLR413; (1979)0GLR413; [1979]118ITR134(Guj)
..... [1070] 40 comp cas 325 the supreme court ruled that for purposes of awarding compensation of land and building of an undertaking acquired under the banking companies (acquisition and transfer of undertakings) act on the basis of 12 times the amount of annual rent or the rent which the building ..... purposes, as under : '269d(1) the competent authority shall initiate proceedings for the acquisition under this chapter, of any immovable property referred to in section 269c by notice to that effect published in the official gazette : provided that no such proceedings shall be initiated in respect of any immovable ..... act, 1961, the transferor and/or transferee as well as the occupant and any other known interested person should be told the nature of allegations against him including the material collected so far by the competent authority, and be furnished copies of the statements recorded and those of the documents collected by the competent authority on which he intends to rely so as to give the person interested or affected an opportunity to state his case and to correct or controvert the material sought to be relied upon, and ..... and the consequences being penal in nature, it is obligatory on the competent authority to establish for initiation of the proceedings and making the order of acquisition ultimately that the fair market value definitely exceeded the apparent consideration beyond the permissible limits by cogent, unequivocal and ..... nature of the licence fees by way of compensation .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1980Guj89; (1980)1GLR103
..... for the plaintiff landlords that the material portion of the definition of word 'tenant' in section 5(11) of the, bombay, rent act, as in force in gujarat, is in primavera with the definition in the madhya pradesh accommodation control act, 1961, since every person remaining after determination of the lease in possession of the redness is included in the definition of the term 'tenant' in the bombay rent act as was the position under the madhya pradesh accommodation control act with which the supreme court was concerned in damadilal ..... the full bench was of the opinion that the decision of damadilal's case was preferable to the previous decision in anand nivas's case, because, in the first place, the definitions in the bombay rent act and the madhya pradesh acommodation control act were not quite the same; secondly, the decision in amadilal's case is to , be preferred because it is the latest in point of time which was rendered after considera tion of the decision in anand nivas's case (supra)the ..... questions before us, the mattere was allowed to be argued from all possible angles since a number of similar matters where the right of a land lord to file suit against the heirs of deceased tenant has been questioned on the ground of the suit being premature in view of the decision of this court in nanumal's case (supra), and also be cause it affected the rights of all the heirs of a dec6ased-tenant to agitate the question of standard rent by making miscellaneous .....
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