Court : Gujarat
Reported in : (2002)4GLR2819
..... order was issued in their favour. ultimately, they challenged the termination order before the labour court and thereafter the single judge of the high court of karnataka directed the reinstatement with benefit of continuity of service and consequential benefits. ultimately, the division bench held that the workmen were employed under the project of ..... favour of the petitioner.7. the learned advocate mr supehia for the petitioner submitted that the termination itself is violative of section 25f of the industrial disputes act and no written order is issued in favour of the petitioner that he was appointed in a particular project. on the contrary, the witness of the ..... of section 25f are not disturbed by the appellate court. therefore, the petitioner had completed 240 days of continuous service and section 25f of the industrial disputes act was not complied with by the respondent. therefore, the termination order is ab initio void. in such circumstances, the workman is deemed to be in service .....
Tag this Judgment!Court : Gujarat
Reported in : (2003)4GLR554
..... of government was not an industry. to substantiate this plea reliance was placed on two member judgment of the supreme court in executive engineer [ state of karnataka ] v. k. somasetty, whereunder it was held :'it is now well settled legal position that the irrigation department and telecommunication department are not an 'industry ..... the employees working in the departments connected with that service irrespective whether it may be financial, administrative or executive, would be entitled to benefits of the act. no doubt, if the nature of functional is sovereign functions in the sense the functions which are primary and inalienable functions of the state, they ..... delay has been occurred in raising the industrial dispute has been condoned and the conciliation proceedings have been initiated under the provisions of the i.d.act,1947. before the labour court, separate statement of claim were filed by the respondent workmen in each reference having similar facts. thereafter, references were .....
Tag this Judgment!Court : Gujarat
Reported in : (1979)1GLR858
..... 1974. thus, practically in all states where sugar factories producing sugar from sugarcane by vacuum pan process are situated, namely, uttar pradesh, maharashtra, tamilnadu, bihar, karnataka, andhra pradesh and madhya pradesh, have adopted the u.p. pattern with effect from october 1, 1974, and it is therefore not surprising that the workers ..... commodities. foodstuff is included in the definition of 'essential commodity' and sugar would be an essential commodity for this purpose. the support of the act had been taken by the government of india for regulating production and distribution of sugar and the history as follows : they are regulated in the ..... deal with this question in reference (1c) no. 16 of 1976, in the arbitration between shri khedut sahakari khand udyog mandali ltd., bardoli; sahakari khand udyog mandali ltd , gandevi; district bulsar; shri madhi vibhag khand udyog sahakari mandali ltd., madhi, taluka bardoli: and the workmen employed under them, and have examined the question .....
Tag this Judgment!Court : Gujarat
Reported in : (1997)1GLR198
..... rape by young accused round about the age of 20 years. they are : 1980crilj8 (tubing v. state of haryana); : 1989crilj1246 (premchand v. state of haryana); : 1994crilj248 (raju v. state of karnataka); and (4) 1991(2) glr 1243 (budhiyo chhagan vaghari v. state of gujarat). on the basis of the aforesaid submissions, mr. shah finally urged that taking into consideration the peculiar ..... affairs, government of india, new delhi. against women during 1994 _______________________________________________________________________________________________________ molestation sexual importing immoral incident total harassment/ of girls traffic representation eve-teasing (upto 21 years) (preve.) of (prohi.) act act _______________________________________________________________________________________________________ 7 8 9 10 11 12 _______________________________________________________________________________________________________ 2185 3710 6 264 38 10319 28 1 0 0 0 85 184 13 1 0 0 1545 432 75 3 8 .....
Tag this Judgment!Court : Gujarat
Reported in : (2002)4GLR3331
..... times of india building, dr. d.n. road,mumbai-400001 has filed winding up petition under section433(e) and 434 of the companies act, 1956 (hereinafterreferred to as 'act, 1956') in karnataka high court on11.2.1999 which was registered as company petition no. 40of 1999 against the first petitioner company. in thewinding up petition what ..... winding up petition being company petition no. 40/99could not have been presented by time guaranty ltd. inthe karnataka high court at bangalore before three weeksof 22-9-98, the date on which statutory notice undersection 434 of the act, 1956 has been received by thepetitioners. reference, here, may have to sub-clause (a)of subsection ..... company application no. 74/99 on 24-3-99.the criminal complaints under section 138 of the act,1881 were filed by the respondent no. 2 in this mattermuch before the presentation of the first winding uppetition in the karnataka high court at bangalore againstthe petitioners. the case of the respondent no. 2 is onmuch higher .....
Tag this Judgment!Court : Gujarat
Reported in : [2006]145STC257(Guj)
..... kaji has relied upon the judgments of the honourable supreme court in the matters of hindustan sugar mills ltd. v. state of rajasthan [1979] 43 stc 13, of state of karnataka v. bangalore soft drinks pvt. ltd. [2000] 117 stc 413, of this court in the matter of batliboi & co. ltd. v. sales tax officer (i), class ..... explanatory. they do refer to the formation of opinion that the petitioner had evaded tax. hence, in our opinion, before initiating action under section 41b of the act, the aforesaid prerequisite of formation of opinion was existing. it is true that the petitioner did pay the transport charges which were reflected in separate debit notes. but ..... . he has next submitted that until an order of provisional assessment is made the petition preferred against the show cause notice issued under section 41b of the act is premature and requires to be rejected on that ground also. further, any order of provisional assessment made under section 41b shall be appealable. he has submitted .....
Tag this Judgment!Court : Gujarat
Reported in : [2005]126CompCas15(Guj); [2005]58SCL328(Guj)
..... repayment of the said amount and on presentation of the said cheques, the same were bounced for insufficiency of funds. similar was the position in the case of karnataka bank. cash credit facility of rs. 5 crore was given. it was repayable in six equal installments. the company has failed to discharge its liability. even the ..... no. 60/03 is filed by uti bank ltd., under section 433(e) read with section 434 of companies act, 1956 for winding up the respondent-company.2. similarly company petition no. 197/03 is filed by the karnataka bank ltd. for winding up of the respondent-company.3. the case of the petitioner in the company petition ..... and hence the petitioner has issued a statutory notice dated 8th august, 2002. the petitioner thereafter also initiated criminal proceedings u/s. 138 of the negotiable instrument act, 1881 by filing criminal complaint bearing no. 812 of 2002, before the chief metropolitan magistrate at ahmedabad and the said criminal complaint is still pending.5. since .....
Tag this Judgment!Court : Gujarat
Reported in : [2006(108)FLR912]; (2005)3GLR2579
..... relevant paragraphs no. 4, 5 and 13 thereof reads as under :'4. as stated above, aggrieved corporation preferred a writ petition before the high court of karnataka. the learned single judge who heard the writ petition agreed with the labour court that since the corporation failed to examine the passengers from whom the said excess ..... substitute the penalty imposed by the employer in such cases'(e). the supreme court in the case of karnataka state road transport corporation v. b.s. hullikatti, reported in (2001) 2 scc, 574, has held that the conductors are acting in fiduciary capacity and if there is any misappropriation misplaced sympathy shown by the labour court cannot be ..... of the case, this was not a fit case for exercise of jurisdiction under section 11a of the act.' (d) the supreme court in the case of janatha bazar (south kanara central cooperative wholesale stores ltd.) and ors. v. secretary, sahakari noukarara sangha and ors. reported in (2000) 7 scc, 517, has held that in case of .....
Tag this Judgment!Court : Gujarat
Reported in : (2006)201CTR(Guj)243; [2006]283ITR116(Guj)
..... allocable cannot artificially by pro-ration be allocated to such activities.17. it was submitted that the decision of this court in the case of gandevi taluka khedut sahakari sangh ltd. (supra) deals with expenditure on direct basis and not pro-rated basis, hence, it is not an authority on the proposition that indirect expenses ..... in relation to the same business cannot be allocated. it was submitted that the decisions in the case of sabarkantha kharid vechan sangh (supra) and gandevi taluka khedut sahakari sangh ltd. (supra) do not deal with a situation wherein the expenses are indivisible in nature. it was further submitted that the manner of computation of income ..... court in the case of karnataka state co-operative marketing federation ltd. v. commissioner of income-tax wherein it has been held that as per section 80ab, for the purpose of computing deductions, the amount of income of a particular nature as computed in accordance with the provisions of the act alone is deemed to be the .....
Tag this Judgment!Court : Gujarat
Reported in : 1995CriLJ1897
..... sought to be carried by such tanker. my attention in this connection was invited by the learned counsel for the petitioner to the provisions of section 6-a of the act. relevant part of section 6-a reads as under:6a(1). where any essential commodities is seized in pursuance of an order made under section thereto, a report of such ..... of confiscation of the tanker, the action is contrary to law and must be held to be illegal and unlawful. a similar view is taken by the 'high court of karnataka in krishna bhima v. state, 1979 cri lj 977.6. the petition, therefore, requires to be allowed by directing the authorities to ..... on suspicion that it carried diesel oil contrary to law, seized diesel oil as well as tanker. proceedings were initiated under the provisions of the essential commodities act, 1955 (hereinafter referred to as 'the act') and at the conclusion of the proceedings, diesel oil as well as tanker were ordered to be confiscated.4. the learned counsel for the petitioner submitted that .....
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