Court : Gujarat
Reported in : AIR2005Guj203
..... raised an objection that against the impugned order, an alternative efficacious remedy is available and the petitioners could have filed an appeal before the national environment appellate authority under section 11 of the national environment appellate authority act, 1997. ..... lasw steel pipes, spiral steel pipes, erw steel pipes and hot frame steel pipes including ductile iron pipe fittings and ductile iron casting and further observing that the ministry of environment and forests accorded environmental clearance to the said project under the provisions of eia notification dated 27th january, 1994 as amended subsequently, subject to strict compliance of specific and general conditions laid down therein.5. ..... statutory authority or tribunal can assume jurisdiction in respect of subject matter which the statute does not confer on it and if by deciding erroneously the fact on which jurisdiction depends, the court or tribunal exercises the jurisdiction then the order is ..... the petition is nothing but the result of business rivalry and has been sponsored by the ..... is business rivalry between the said escl and the respondent ..... the same, the petitioners had no business to produce the ..... on the basis of these definitions, he has submitted that pipe is an object made by casting metal and foundry is nothing but the business or ..... the word 'foundry' is defined as a workshop for or a business of casting metal and the word 'individual' is defined as 'single' particular, special, not general or 'having .....
Tag this Judgment!Court : Gujarat
Reported in : (1982)1GLR233
..... deputy industrial injuries commissioner (ex parte moore) (1965) i queen's bench 456, the question before the court of appeal was whether the deputy industrial injuries commissioner, entertaining proceedings under section 47 of the national insurance (industrial injuries) act, 1946 had acted in accordance with natural justice in the exercise of his appellate powers. ..... if, for example, the domestic tribunal consists of persons who are experienced or well-versed in the art of comparison, or it is assisted by an expert opinion, or it has before it microscopic enlargements of the disputed and admitted hand-writings and it compares them with the aid of authoritative text books, or there is some inherent or intrinsic evidence in the document/s under consideration which lends support to the conclusion reached upon comparison or where the totality of circumstances coupled with the background material and probabilities reasonably support such conclusion, the 'no evidence ..... secretary of state for the environment and anr. ..... the syndicate, at its meeting held on september 5, 1979, considered amongst other things, the aforesaid report made by the committee. .....
Tag this Judgment!Court : Gujarat
Reported in : (2000)4GLR59
..... , reported in 1998 illj 117 : (1998 lab ic 2190) wherein it has been held that, 'the powers under section 11-a of the industrial disputes act, 1947 has to be exercised judicially and the industrial tribunal or the labour court is expected to interfere with the decision of the management under the said section only when it is satisfied that the punishment imposed by the management is highly disproportionate to the degree of guilt of the employee. ..... shah, reported in 1998 (1) 1 llj 150 wherein the division bench has examined the question of misconduct by an educated employee of the nationalized bank and employee using filthy language against the superior officer in the bank premises during the banking hours. ..... union of india, 1996 (1) llj 982 : (air 1996 sc 255) the supreme court has observed in para 11 as follows :- at page 257 of air 'when abusive language is used by anybody against a superior, it must be understood in the environment in which that person is situated and the circumstances surrounding the event that led to the use of the abusive language. ..... the industrial court, after considering the contentions raised by the respective parties, on 4th december, 1995 came to the conclusion that the order passed by the labour court is legal and valid and no interference is required to be made, and as a result thereto, both the appeals filed by the respective parties came to be dismissed. 3. .....
Tag this Judgment!Court : Gujarat
Reported in : (2004)2GLR568; (2004)IIILLJ259Guj
..... holding that, the forest and environment department of the state government is not an 'industry' under section 2(j) of the industrial disputes act, 1947, and the question whether any of its units, establishments or undertakings, is an industry or not, will depend upon the nature of the work done by such entity and only when the activity undertaken amounts to an activity for production or distribution of goods and / or services for satisfying wants and desires of consumers, in the sense in which the concepts are understood in the field of industrial economy, satisfying the third ingredient of ..... on 14-7-2003], while considering the ambit of the jurisdiction of the industrial tribunal in the context of the rules made under article 309 of the constitution, held in paragraph 8 of the judgement as under:- 'if the rules framed under article 309 of the constitution are ignored and the tribunal is authorized to change them in the above manner, then a startling unconstitutional situation will arise by enabling the industrial tribunal to virtually exercise the power under article 309 by changing the pay-fixation done under the rules made by the governor or the president and by subjecting the power to regulate ..... 'industry'. this consistent view of the honourable supreme court expressed since 1995 onwards was also followed by the division bench of this court in shankerji chelaji thakor's case (supra), wherein it has been observed that: 'the function of public welfare of the state is .....
Tag this Judgment!Court : Gujarat
Reported in : [1995]95CompCas663(Guj)
..... on sections 11, 11b of the act and regulation 12 of the national stock exchange capital market trading regulations, 1995 (hereinafter referred to as 'regulations of 1995'), for asserting ..... 1971 mad) : 'the person primarily affected by the respondent issuing the notices from time to time to the petitioners and calling upon them to produce the accounts of their business carried on in the state of tamil nadu, and again by proposing to assess them to the best of his judgment on the assumption of certain jurisdictional facts, is the addressee of such notice and such affection relates to the bundle of facts in the totality of the lis or proceeding concerned, ..... was a case where the food controller, during the war period, was empowered by the defence of the realm regulations to make regulations or give directions with respect to the production, manufacture, treatment, use, consumption, distribution, supply, ..... . the primary rule of construction is to consider the plain meaning and if there is no plain meaning, the mischief rule is the most important rule amongst ..... malpractice as noted by the tribunal, as extracted hereinbefore, the question emerges : whether the notice was required to be issued to the persons affected ..... in the words of the constitution bench, such an activity 'can be tolerated only on the condition that the enterprise engaged in such hazardous or inherently dangerous activity indemnifies all those who suffer on account of the ..... of sections 3 and 4 of the environment (protection) .....
Tag this Judgment!Court : Gujarat
Reported in : (2001)4GLR2777
..... we do not express any opinion about the legality or otherwise of the ordinance no.6 of 2000 as the said ordinance is challenged and the issue is pending before another division bench.it is required to be noted that earlier the government itself made mandatory provisions in view of the national building code, to provide firesafety measures in highrise buildings. ..... municipal corporation of the city of ahmedabad, reported in 1995 (2) glr 1293, the court considered the provisions contained in sections 260 and 263 of the act. ..... it is for the builder/developer who is engaged in the business of building construction to know that the area is in 'residential zone' and the premises could be utilised only for the permissible uses in a predominantly residential zone and no part of the building can be used for the purpose of office complex etc. ..... it was with a view to see that there is proper distribution and that too, of levy sugar, the amount was got deposited with a right to forfeit in case of breach of contract. ..... 640:'article 226 under which a writ of certiorari can be used in an appropriate case, is, in a sense, wider than article 136, because the power conferred on the high courts to issue certain writs is not conditioned or limited by the requirement that the said writs can be issued only against the orders of courts or tribunals. ..... right to decent environment and smoke free and pollution free environment follows from the quality of life which is guaranteed by art. .....
Tag this Judgment!Court : Gujarat
..... " (iv) in para 42 it held that the legislative history and the definition of 'petroleum', 'petroleum products' and 'mineral oil resources' contained in various legislations and books and the national interest involved in the equitable distribution of natural gas amongst the states - all these factors lead to the inescapable conclusion that "natural gas" in raw and liquefied form is petroleum product and part of mineral oil resource, which needs to be regulated by the union of india. ..... this was the case relating a claim by the assessee under section 15c of the income tax act, 1922 and vide paragraph 2, two questions were referred before the high court as follows:- (1) whether, on the facts and in the circumstances of the case, the tribunal was right in holding that the steel foundry division was an industrial undertaking to which section 15c of the indian income-tax act, 1922 was applied? ..... and gains derived by on any business of an industrial undertaking or a hotel or commercial production or refining of mineral oil in the north-eastern region or any part of india on or after 1st day of april 1997 (such business being hereinafter referred to as the eligible business), to which this section applies, there shall, in accordance with and subject to the provisions of this section , be allowed, in computing the total income of the assessee, a deduction from such profits and gains of an amount equal to the percentage specified in sub-section (5) and for such number of assessment .....
Tag this Judgment!Court : Gujarat
..... " (iv) in para 42 it held that the legislative history and the definition of 'petroleum', 'petroleum products' and 'mineral oil resources' contained in various legislations and books and the national interest involved in the equitable distribution of natural gas amongst the states - all these factors lead to the inescapable conclusion that "natural gas" in raw and liquefied form is petroleum product and part of mineral oil resource, which needs to be regulated by the union of india. ..... this was the case relating a claim by the assessee under section 15c of the income tax act, 1922 and vide paragraph 2, two questions were referred before the high court as follows:- (1) whether, on the facts and in the circumstances of the case, the tribunal was right in holding that the steel foundry division was an industrial undertaking to which section 15c of the indian income-tax act, 1922 was applied? ..... and gains derived by on any business of an industrial undertaking or a hotel or commercial production or refining of mineral oil in the north-eastern region or any part of india on or after 1st day of april 1997 (such business being hereinafter referred to as the eligible business), to which this section applies, there shall, in accordance with and subject to the provisions of this section , be allowed, in computing the total income of the assessee, a deduction from such profits and gains of an amount equal to the percentage specified in sub-section (5) and for such number of assessment .....
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