Court : Gujarat
Reported in : (2006)3GLR1909
..... such complaints are not maintainable at all, nor it would result into a conviction or there is no slightest possibility of such conviction, for the purpose of securing the ends of justice, the court would certainly interfere at the stage where the proceedings are challenged before the court.60. in the case of madhavrao jiwaji ..... the application which has nothing to do with the merits or demerits of the criminal complaints filed by the complainants. it is further stated that because of security and protecting the life of several swadhyayees who are imparting educations in agricultural college and its students and those who are residing within the area of 'bhavnirzar', ..... prosecution is unsustainable because section 79 is exculpatory when read with section 5-a of the act and the certificate issued thereunder.40. reliance is also placed on the decision of the hon'ble supreme court in the case of punjab national bank and ors. v. surendra prasad sinha : air1993sc1616 wherein it is held that the .....
Tag this Judgment!Court : Gujarat
Reported in : (2005)3GLR2152; (2006)ILLJ587Guj
..... of the constitution requires the state to strive to promote welfare of the people by securing and protecting, as effectively as it may, a social order in which social and economic justice may inform all the institutions of the national life and, in particular, to minimize the inequalities in income and endeavour to eliminate ..... of employment of the workmen concerned on 'casual' and 'seasonal' basis would amount to continuation of offences and violation of the provisions of the i.d.act as may be elaborated now.13. the only escape from the rigors of the 'special provisions relating to lay-off, retrenchment and closure in certain establishments' ..... 'the oil & natural gas commission (recruitment and promotion) regulations, 1980' in exercise of the powers conferred by section 32 of the oil & natural gas commission act, 1959. those regulations provided for the method of filling posts, categories of posts, scales of pay, qualifications and other matters connected therewith, age limit for direct .....
Tag this Judgment!Court : Gujarat
Reported in : (2006)2GLR1615
..... by them but they do not have the force of a statute. (para 10)43. same view has been taken by delhi high court as per the decision in national cooperative consumers federation ltd. v. delhi administration reported in : air1971delhi141 .in gujarat state cooperative land development bank ltd. v. p.r. mankad : [1979]2scr1023 , ..... and other development progress approved or undertaken by the state government or (iii) linking coordinating of cooperative activities such as marketing and credit or (iv) for securing proper management or business of the society or (v) for preventing affairs of the society being conducted in a manner detrimental to the interests of the ..... of cooperation activities such as marketing and credit and securing proper management of business of the society, conducted in a manner detrimental to the interests of members or depositors or creditors. in view of that, none of the items specified in section 160 of the act covers the issue about validity of appointments and validity .....
Tag this Judgment!Court : Gujarat
Reported in : (1970)11GLR628; (1970)IILLJ716Guj
..... doors must be open to all the employees in the industry in the local area, whom it would represent on being registered as a representative union. this result was secured by enacting the sixth proviso to s. 14 which provided that the registrar shall not register any union if the rules of the union contain any provision debarring any ..... (1947) 1 ph. 790 : 41 e.r. 833 and it extends equally to other corporations and there are at least two decisions of the english courts namely cotter v. national union of seamen [1929] 2 ch. 58 and edwards and another v. haliwall and another (1950) 2 all. e.r. 1964, where it has been held applicable also in ..... they are in conformity with this act' shall register the rules. the court held that the registration certificate was conclusive as to the validity of the proceedings taken by the society for the passing of the new rules. 18. these cases were reviewed by danckwerts, j., in a recent decision reported in birch v. national union of railwaymen, (1950) 2 .....
Tag this Judgment!Court : Gujarat
Reported in : 2004ACJ1657
..... detriment and for regulation and control of such business, the parliament enacted the general insurance business (nationalization) act, 1972 (act of 1972) which by section 2 declared that the said act was enacted for giving effect to the policy of the state as defined in article 12 towards securing the principles specified in clause (c) of article 39 of the constitution.13. the entire general ..... business in india was nationalized by the general insurance business (nationalization) act, 1972. the government of india, through nationalization, took over the shares of 55 indian insurance companies and the undertakings of 52 .....
Tag this Judgment!Court : Gujarat
Reported in : (2004)1GLR637; [2004]53SCL330(Guj)
..... is not left to the uninhibited freedom of contract by these government insurance companies is clearly reflected from various statutory provisions. the act of 1972 was enacted, inter alia, for securing the development of general insurance business 'in the best interest of the community'. the g.i.c. was created for the ..... policy period and without enhancing the 'sum insured' may be renewed, including the diseases contracted during the expiry period. the circular was issued by the national insurance company limited, noticing that, in certain instances, the operating offices while renewing the policies, were excluding the illness for which a claim was made ..... insurance companies. after a process of mergers among indian insurance companies, four companies were left as fully owned subsidiary companies of the g.i.c.: (1) national insurance company limited, (2) the new india assurance company limited, (3) the oriental insurance company limited, and (4) united india insurance company limited. the .....
Tag this Judgment!Court : Gujarat
Reported in : (2001)1GLR547
..... also relevant in this regard, which reads as under : '41. the state shall, within the limits of its economic capacity and development, make effective provisions for securing the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement, and in other cases of undeserved want.' 48 ..... and it would depend upon facts of each case. 37. public properties are usually not protected by means of wire fencing or compound wall or by guard/watchman, and the concerned authorities are not taking enough care to ensure that the properties, particularly open land, are not encroached. therefore, not only that ..... urban development act and the bombay land revenue code and such other laws, conferring powers on the public authorities to remove encroachments for their various developmental activities and to protect the public properties, must be interpreted in the light of international obligations of india as a result of adoption of united nations declarations .....
Tag this Judgment!Court : Gujarat
Reported in : (2004)3GLR1841; (2005)ILLJ592Guj
..... down, the labour court and industrial tribunal are not confined with the sphere of original contract of employment but will try to find out and secure justice and fairness, and accordingly, go beyond the contract or rewrite the contract or alter or modify the terms of contract or impose new obligations ..... the background and light of the two major objects of the legislations viz. (i) industrial peace and harmony, and thereby, promoting industrial development and strengthening national economy, and (ii) social justice viz., fair-play, equity and justice between the two parties including the fundamental rights and directive principles as guaranteed by ..... regional director of municipality praying for quashing and setting aside the order passed by the regional director of municipality under section 260 of the gujarat municipalities act whereby regularisation of employees was suspended. the petitioner-union also prayed in the petition for direction to comply with the award passed by the industrial .....
Tag this Judgment!Court : Gujarat
Reported in : (1967)0GLR167; (1968)ILLJ160Guj
..... have been raised before the supreme court as to what would be the appropriate relief. besides it would appear that s. 11 of the act and the order issued sub-sec (2) thereof gave security of tenure to the field officer which could not be determined except in the manner laid down by clause 10 of the order. the case ..... any of the provisions of the scheme. in this case the plaintiff was dismissed by a disciplinary committee of a local board to which committee the powers of the national board under the scheme were purported to be delegated. the plaintiff sued claiming damages for wrongful dismissal and a declaration that his purported dismissal was illegal, ultra vires and ..... contract of personal service will not be specifically enforced is clearly called for. 46. sri vakil, however, invites our attention to decision of the house of lords in vine v. national dock labour board [(1956) 3 all e.r. 939] and the decisions of the supreme court in life insurance corporation v. sunil kumar [1964 - i l.l.j. .....
Tag this Judgment!Court : Gujarat
Reported in : 1988(35)ELT88(Guj); (1988)1GLR388
..... mind by the court. the courts cannot be oblivious of the socio-economic consequence of its decision and cannot ignore the socio-economic realities of the life of the nation. the judiciary is also an organ of the state machinery and, therefore, it has also to look at the provisions contained in chapter iv of the constitution.' ..... governance of the country require the state (the term 'state' occurring in article 12 of the constitution of india also includes judiciary) to direct its policy towards securing the ownership and control of the material resources of the community to be distributed so as to subserve the common good in the best manner (article 39b). article ..... within the municipal limits and, therefore, the said levy and collection of octroi were ultra vires the provisions of the ordinance as well as the bombay district municipal act, 1901. for the purpose of the present proceedings, it is not necessary to refer in detail to diverse contentions centering round the levy of octroi by the .....
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