Court : Gujarat
Reported in : 2006(199)ELT200(Guj); (2006)2GLR1106; 2008[9]STR440
..... in absence of any `order' made by the bench, which originally heard the appeal, provisions of section 129b(2) of the act were not available to the petitioner and hence, the petitioner could not have moved any application for rectification. ..... the third member cannot derive any further jurisdiction because the matter has thereafter to be placed before the bench which originally heard the appeal and the appeal is required to be disposed of in accordance with majority of opinion of the members. 6. ..... therefore, in light of provision of section 129c(5) of the customs act, 1962 (the act), the difference of opinion was referred to the president of cestat who assigned the matter to a third member to hear on the point on which there was difference of opinion between the members constituting the original bench. ..... section 129c(5) of the act is couched in clear unambiguous terms. ..... in the meantime, it appears that the petitioners preferred an application seeking rectification of mistake on 29/9/2005 under section 129b(2) of the act.4. .....
Tag this Judgment!Court : Gujarat
Reported in : 2006CriLJ859; (2006)1GLR393
..... wherein it has been held that it is true the court cannot go behind the subjective satisfaction of the detaining authority, but such satisfaction does not confer a blanket power which may authorize the detaining authority to act in a ruthless or arbitrary fashion and the judicial decisions have undoubtedly carved out an area, though limited, within which the subjective satisfaction of the detaining authority can be tested on the touchstone of objectivity. ..... state of gujarat, 1993 supp (3) scc 754, with special reference to paragraph 4 thereof, wherein the court has referred to para 4 of the statements and objects of the act, to point out that the definition of property grabber' read with section 3(1) of the act contemplates taking illegal possession of public or private lands by musclemen of some means, often got from bootlegging, and constructing or permitting construction thereon of unauthorized structure or selling, leasing or giving on lease or licence such ..... . para 4 of the statement and objects of the act furnishes clue to make the property grabbing or unauthorized construction or dealing therewith as prejudicial to the maintenance of public order thus:acute shortage of housing accommodation in major cities is being exploited by certain musclemen of some means, often got from bootlegging, by taking illegal possession of public or private lands and constructing or permitting construction thereon of unauthorized structure or selling, leasing or giving on leave and license .....
Tag this Judgment!Court : Gujarat
Reported in : [2006]72SCL423(Guj)
..... . a landlord may apply to the rent control court for an order directing the tenant to put the landlord in possession of the building,(i) if the tenant after the commencement of this act, without the consent of the landlord, transfers his right under the lease or sub-lets the entire building or any portion thereof if the lease does not confer on him any right ..... . in context with the above, we find our view reinforced on the meaning and import of the word 'consent' as used in clause (i), sub-section (4) of section 11 of the act when read in the background of the word 'confer' in the latter part it will only mean that consent has to be with some positive action on the part of the landlord so that ..... .), it is held that winding-up of a sick industrial company should be the last resort under the sick industrial companies act, 1985, as it would have serious repercussions both economically and socially.11.1 on the overall facts and circumstances of the case, i find that nothing has been pointed out to show that there ..... open for the state government to raise contention with regard to the provisions of section 19(2) and 19(4) of the act in view of the fact that they have not objected within sixty days ..... . ramanatha aiyar's advanced law lexicon, volume 1, a-c, 2005, which reads as under:'consent' is an act of reason, accompanied with deliberation, the mind weighing, as in a balance, the good and evil on ..... . it is also required to be noted that major sacrifice on the part of the petitioner is waiver .....
Tag this Judgment!Court : Gujarat
Reported in : (2006)2GLR1029
..... after taking into consideration the suggestions and objections that may be received by it pursuant to the publication of the notice under sub-section (2) of section 3 and keeping in view the provisions of section 4 of the act and also after consulting the committee and receiving its opinion whether the person has complied with fire safety measures and structural stability requirements as per the national building code and the ..... this piece of legislation has been enacted by the government in view of the large scale construction, commercial as well as residential in the urban areas of major cities of gujarat, carried out to meet the requirement of rapid growth in population and the resultant commercial activity in the cities due to constant influx of rural ..... this would mean that a person desiring to make an application on his own for regularization of his unauthorized development shall have to make application in accordance with the scheme of the act, at-least within reasonable time if not in accordance with the provisions of rule 3, but the reasonableness has to be judged or assessed in light of the aforesaid provisions prescribing time limits for different stages ..... therefore, we reproduce the relevant portion of the same verbatim as under :-on account of the rapid growth of economic opportunities in and around the major cities of gujarat, there has been constant influx of the rural population to the urban areas resulting in steep increase in demand for properties for residential, .....
Tag this Judgment!Court : Gujarat
Reported in : [2006]69SCL151(Guj)
..... the official liquidator has, therefore, sought the direction to the state government to file their claim with documentary evidence as per the provisions of companies act, 1956 with the official liquidator and has also sought for the permission of this court to give public advertisement in the newspapers for inviting the claims ..... the state government being the sole shareholder and major creditor of the mills company is justified in asking for the balance assets remaining to be sold and the balance of the amount in excess of the remaining liability of the mills held by the official liquidator on ..... the charge of all the assets and properties of gstc including possession thereof and the gujarat industrial development corporation was appointed as an agent of official liquidator under section 457(2)(v) of the companies act, 1956 for the purpose of preservation, protection and disposal of the property of the company in liquidation. 5. ..... also sought for the direction to the state government to give proof as regards to their statement that they are the major creditor of the company and has paid rs. ..... the major amount of liabilities of gstc is only of the government and the government is the major creditor which has been paid approximately ..... losses suffered by gstc within a reasonable time and there is no likelihood of gstc being revived in future and, therefore, an opinion was formed by bifr under section 20 of the sick industrial companies (special provisions) act, 1985 for winding up of gstc. .....
Tag this Judgment!Court : Gujarat
Reported in : 2006(198)ELT169(Guj); 2008[9]STR426
..... on such point or points by one or more of the other members of the appellate tribunal and such point or points shall be decided according to the opinion of the majority of these members of the appellate tribunal who have heard the case, including those who first heard it.though section 129c of the act is described as pertaining to 'procedure of appellate tribunal' when sub-section (5) of the said section is read, it becomes apparent that it is a substantive provision, and not merely ..... provisions of section 129c of the act read as under:[(5) if the members of a bench differ in opinion on any point, the point shall be decided according to the opinion of the majority, if there is a majority; but if the members are equally divided, they shall state the point or points on which they differ and make a refrence to the president who shall either hear the point or points himself or refer the ..... section 129c(5) of the act requires that where members of tribunal differ in opinion on any point, in the first instance, the point shall be decided according to the opinion of the majority; only in the event where the members are equally divided, the members are obliged to state the point or points on which they differ and make a reference to the president who shall either hear the .....
Tag this Judgment!Court : Gujarat
Reported in : (2006)2GLR1385
..... some of them had the frontage either on the state highway or on one or the other major road while the acquired lands are situated some 200 mtrs. ..... the preliminary notification issued under section 4 of the land acquisition act, 1894 (hereinafter referred to as 'the act') was published in the official gazette of the government of gujarat on 21st february, 1980. ..... these two appeals preferred under section 54 of the land acquisition act, 1894 arise from the judgment and order dated 3rd december, 1997 passed by the learned asst. ..... judge has though awarded solatium as envisaged by section 23(2) of the act, she did not award interest over the amount of solatium. ..... thus, the power-of-attorney was given to the appellant to camouflage the transfer of the property in the acquired lands in contravention of the transfer of property act, bombay stamp act, registration act, and also the tenancy act. ..... the acquired lands made one large compact piece of agricultural, undeveloped land situated away from the highway and the major roads. ..... nevertheless, in view of section 43 of the tenancy act, no mutation was made in favour of the appellant. ..... declaration made under section 6 of the act was published in the official gazette on 30th april, 1981. 3. ..... the amount of solatium shall also carry interest as stipulated in the act.10. ..... feeling aggrieved by the market value determined by the land acquisition officer, the appellant applied for a reference as envisaged by section 18 of the act. .....
Tag this Judgment!Court : Gujarat
Reported in : (2006)2GLR1615
..... the statute just like any other joint stock company.the registrar is given certain powers of general supervision over the societies and he has power either of his own motion or at the request of the collector or a majority of the committee or of not less than one third of the members to hold an inquiry or direct some person authorized by him to hold inquiry in the constitution. ..... , when the registrar has no jurisdiction to decide dispute between society and its employees, then, on what basis registrar has got power under section 160 of the act to decide dispute about validity of appointment of employees made by society he submits that section 160 of the act for limited purpose having supervision for maintenance, proper management and affairs of the society but it is not relating to dispute which has to be examined by the registrar under ..... of 2005 and submits that court has come to prima facie conclusion in respect of service matter of society, registrar has jurisdiction to invoke and exercise power under section 160 of the societies act and, therefore, if this court is taking different view, then, matter has to be referred to the division bench but he admits that in bhavnagar district cooperative bank ltd. ..... in fact, for efficient management of major types of co-operatives, it has been found necessary that chief executive officers are selected and appointed by such societies by proper method of recruitment and on the basis of adequate qualifications and experience required for the .....
Tag this Judgment!Court : Gujarat
Reported in : [2006(110)FLR171]; (2006)2GLR1420
..... also submitted that if the petitioners desire to challenge the orders of retrenchment by having recourse to the provisions of the id act, the trust would not raise any objection about the maintainability of their cases before the labour court.12. ..... , which had been promoted by the state of gujarat and though its majority shares were held by the government financial institutions and nationalized banks, it was not a state within the meaning of article 12 of the constitution of ..... it was specifically stated in the retrenchment orders that the provisions of the id act were not applicable to the trust, but for sake of abundant caution, the trust had paid retrenchment compensation to ..... fairly submitted that though in the orders, whereby the petitioners were retrenched from service, it has been stated that the provisions of the id act are not applicable to respondent no. ..... to reorganize its activities and, therefore, it retrenched the petitioners and other similarly situated persons, by orders dated 23rd march, 2004 upon payment of retrenchment compensation as per the provisions of the industrial disputes act, 1947 (hereinafter referred to as 'the id act'). ..... agreement with the submission made by learned advocate shri shukla appearing for the trust that the petitioners ought to have approached the labour court under the provisions of the id act. ..... submitted that the petitioners ought to have exhausted equally efficacious alternatively statutory remedy available under the provisions of the id act. .....
Tag this Judgment!Court : Gujarat
Reported in : (2006)3GLR1809
..... the city of ahmedabad and other major cities of the state have sewerage network for the disposal of domestic as well as industrial effluents, the night-soil, manure, solid waste and also the storm water. ..... , are not having specific provisions like the factories act, but then article 21 of the constitution of india is always there to protect the employees of local civic bodies and also the contractors whose service are hired by the civic bodies. ..... the employees state insurance act and the worker's compensation act provide for payment of mandatory compensation for the injury or death caused to the workman while in employment. ..... we also make it clear that any non-compliance of the order would amount to deliberate flouting of the order of this court and the concerned authority will expose himself to proceedings under the contempt of court's act as well as criminal prosecution. ..... may be the bombay provincial municipal corporation act, the gujarat municipalities act etc. ..... the act does not provide for payment of compensation after cessation of employment. ..... this is not only a moral obligation on the employer, but it is a mandate given to him by labour's safety- oriented statutes, like the factories act. .....
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