Court : Gujarat
Reported in : (2005)2GLR1142
..... guards are concerned with law and order. it may be noted that during conflict or tension in ..... recruitment require that all persons recruited as border wing home guards are found to be residing within 50 kilometres of the kachchh border. there is no such area requirement for recruitment of ordinary home guards under the bombay home guards act, 1947 and the rules framed thereunder.26.1 the petitioners are concerned with national security as they are a paramilitary force whereas the ordinary home .....
Tag this Judgment!Court : Gujarat
Reported in : (2004)1GLR116
..... [(1999) 3 scc 601].m 28 to 61 : xx xx 62. the matter may be considered from another angle. while the state expects the industrial houses and multi-national companies to take such measures which would provide a decent life to the persons living in the society in general and to their employees in particular and in that premise ..... it could be said that it was picked up out of a hat. it was pointed out that the question of commencement of the date was discussed in the national council (jcm) between the employees and the government and after taking into account various demands made by the employees, the said date was arrived at. at first the ..... gratuity is that it is a retirement benefit for long service as a provision for old age. demands of social security and social justice made it necessary to provide for payment of gratuity. on the enactment of payment of gratuity act, 1972 a statutory liability was cast on the employer to pay gratuity. pension and gratuity coupled with contributory provident .....
Tag this Judgment!Court : Gujarat
Reported in : AIR2005Guj203
..... 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. this section permits any person, aggrieved by an order granting environmental clearance in the area in which ..... we found that the ministry of environment & forests has mainly relied on the opinion of three members' committee consisting of dr. k.k. mishra, emeritus scientist, national meteorological laboratory, jamshedpur, dr. sen gupta, member-secretary, central pollution control board, delhi and mr. y.v. jhala, director, wild life institute of india, ..... no. 1 - union of india, submitted that the petitioners have got an alternative efficacious remedy by way of filing an appeal before the national appellate authority. he has further submitted that though the chairman's post is still vacant, vice-chairman is already appointed who is competent to .....
Tag this Judgment!Court : Gujarat
Reported in : 2001CriLJ2209; (2001)1GLR306
..... ground no. 1, the detenus were not afforded a fair and reasonable opportunity of making an effective representation before state government under section 10 of the national security act inasmuch as they had not been supplied with relevant documents in support of grounds except the f.i.r. and copies of extract of charge-sheet submitted ..... were mentioned in the f.i.r. charge-sheet was filed and it was under consideration. the district magistrate, lucknow passed an order of detention under national security act, 1980. in the order of detention, district magistrate had stated that after considering the fact that since two detenus/petitioners had filed applications for bail which ..... constitution and the limitations placed upon it by clause (6) of that art.; held that since sub-sec.(1) and (2) of section 8 of the national security act substantially reproduce the provisions of clause (5) and (6) of article 22 of the constitution, what has been laid down in the context of the said constitutional .....
Tag this Judgment!Court : Gujarat
Reported in : (2001)2GLR964
..... provisions. we rather than ordering this mega project, important from the view-point of the national interest also, to lie idle, would not intercept its commission. we, on the other hand, nonetheless shall have to secure the national interest in ecology and environment. our conclusion, therefore, is that we should dispose of these ..... the controversy involved in these matters relates to the protection of wild life including the marine life in the marine national park and the protected sanctuaries as declared under the wild life (protection) act, 1972, and other related laws, it may be mentioned that the increasing awareness of the compelling need to restore ..... museums and similar institutions; and derivation, collection or preparation of snake-venom for the manufacture of life-saving drugs. - under chapter iiia of the said act, section 17a provides for prohibition of picking, uprooting, etc. of specified plant and section 17b provides for grant of permit for special purposes such as education .....
Tag this Judgment!Court : Gujarat
Reported in : (2004)2GLR568; (2004)IIILLJ259Guj
..... and therefore, the department is not an industry within the meaning of the term 'industry' as defined in section 2(j) of the act. it is pointed out from the national water policy, 2002 that the water was considered as a prima natural resource, a basic human need and a precious ..... produce output through public sector, to influence allocation of resources. under article 39(b) of the constitution, the state is required to direct its policy towards securing that ownership and control of material resources of the community are so distributed as best to subserve the common good. under article 46 of the constitution, the ..... governed by the recruitment rules framed under article 309 such as watchman [forest department] recruitment rules, 1975, khalasi [gujarat forest inferior service) recruitment rules, 1977, guards [subordinate service] recruitment rules 1969 etc. the rules framed under article 309 cannot be nullified by recognizing the modes of regularization that are in conflict with the .....
Tag this Judgment!Court : Gujarat
Reported in : [2007]138CompCas204(Guj); [2007]79SCL47(Guj)
..... limited. their submission is that purchaser of the debt, specially, arcil has acquired financial assets from the banks and financial institutions under section 5 of the sarfaesi act and it has become lender. it is further submitted that minority was not forced to accept the settlement in order to promote interest of arcil. core had ..... or whether the interest of employees was protected but it has to ensure that the merger shall not result in impeding promotion of industry or obstruct growth of national economy. liberalized economic policy is to achieve this goal. the merger, therefore, should not be contrary to this objective. reliance on english decisions hoare and co ..... am now considering is almost identical though not as complicated as one in the aforementioned case, the very effect of the scheme if sanctioned being to make national bank which had proposed the scheme wholly-owned subsidiary company of the scottish bank. in the case before me, the scheme is between navjivan and its .....
Tag this Judgment!Court : Gujarat
Reported in : (2005)1GLR1
..... the enquiry. in the former case, the delinquent, assassin of prime minister indira gandhi acquitted by the apex court was found involved in activities subversive to national security on the material assessed for arriving at the satisfaction by the authorities, in the latter, the authority coming to the conclusion that no independent evidence was ..... by the 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 interest. ..... unfit for the discharge thereof, namely:(a) fine to any amount not exceeding seven days' pay or reduction in pay scale;(b) drill, extra guard, fatigue or other duty;(c) removal from any office of distinction or deprivation of any special employment;(d) withholding of increment of pay with or .....
Tag this Judgment!Court : Gujarat
Reported in : 2006CriLJ3180; (2006)3GLR2043
..... demand loan account. 14. mr. anandjiwala further submitted that the complainant is defaulter and therefore, appropriate actions under the provisions of securitization and reconstruction of financial assets & enforcement of security interest act, 2002 have been taken against the complainant. the bank was forced to do so as huge amounts are due and recoverable from the complainant. it is further submitted that it ..... the complainant and his company and also issued so called letter dated 24.10.2003 to take so called appropriate action under section 13(4) of the securitisation act, 2002 for enforcement of securities to recover its so called dues. 19. mr. tirmizi has further submitted that the managing director, the directors, the managers, the secretaries, etc., shall be liable to any .....
Tag this Judgment!Court : Gujarat
Reported in : (2000)3GLR2505
..... there is, therefore, all the more reason that the court should not unwillingly become a part of a design of taking unfair advantage by securing ad-interim orders notwithstanding that there may have been clear violation or non-compliance with the substantive provisions of the law by the plaintiff. passing ..... act which was served to the plaintiff on 8.11.93, calling upon the plaintiff to stop the unauthorised construction. police inspector of navrangpura police station was also requested in this behalf. despite the prohibitory order served on the plaintiff, the plaintiff continued illegal activities of unauthorised construction. it is in view of this that the corporation was constrained to post security guards ..... averred that the plaintiff was willing to give further explanation and he was willing to give security deposit in the sum of rs. 2.00 lacs or was willing to offer bank guarantee of a nationalized bank; however, the corporation has not accepted the same and has taken the decision .....
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