Court : Gujarat
Reported in : AIR1961Guj93; (1961)2GLR1
..... subject-matter; consider the importance of the provision that has been disregarded, and the relation of that provision to the general object intended to be secured by the act; and upon a review of the case in that aspect decide whether the enactment is what is called imperative or only directory...'. authorities abound ..... manufacture inindia saves a considerable amount of foreign exchange and increases the employment potential andtherefore the expansion of this company will be forthe economic good of the nation and the purpose istherefore a public purpose'.xxxxx 'the purpose for which the land was needed is shown in the. notification. the acquisition for a ..... limits of the baroda borough municipality. he has built 31 houses on these lands which are in the area known as nandanvan colony. the property touches the national highway. respondent no. 2, a private limited company, is the sole proprietor of a factory known as sarabhai chemicals which manufactures drugs, medicines, pharmaceuticals and .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1965Guj112; (1964)GLR705; (1965)ILLJ567Guj
..... negativing the contention based on the ground accepted by the supreme court that the two acts occupied the same field and that the central act intended to lay down an uniform code on the subject-matter of nationalization of transport services, that the uttar pradesh act became wholly void under art. 254(1), subba rao, j., speaking for ..... by the employees. sri patwari argued that a similar scheme was followed in the bombay industrial disputes act which provides for conciliators (s. 4), a board of conciliation (s. 5), labour courts (s. 7), tribunals (s. 7a) and national tribunals (s. 7b). sections 26 to 31 deal with illegal strikes and lockouts and penalties and ..... just as the bombay industrial disputes act provides for representation of employees so does s. 36 of the central act. both the legislatures had no doubt jurisdiction to pass the two .....
Tag this Judgment!Court : Gujarat
Reported in : (1966)7GLR597
..... commitee; and that the pro-chinese attitude of the leftist faction of the c.p.i. (communist party of india) posed and poses a threat to national security and the defence of india. it is further averred that 'there was also material with the third respondent to show that the leftist faction of the c.p ..... which the impugned orders of detention came to be passed. on october 26, 1962, the president of india, having been satisfied that a grave national emergency existed whereby the security of india was threatened by the chinese aggression, issued a proclamation declaring an emergency under article 352 of the constitution of india. that declaration of emergency ..... the act and the rules and the object underlying the enactment of article 359, there is no doubt whatsoever that the objective of the presidential order is to see that executive or other action which is taken by the authorities concerned during the period of emergency must be screened from judicial scrutiny so that the national security .....
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 : AIR1969Guj292
..... to the house or either house of the legislature of a state including the preparation of electoral rolls, the delimitation of constituencies and all other matters necessary for securing the due constitution of such house or houses. the preparation of electoral rolls is brought within the purview of the article by the inclusive clause and this ..... notification dated 14th may 1954; the privy purse of the petitioner was paid to him at wadhwan by the amount being credited to his account with the punjab national bank ltd., at wadhwan; the petitioner was assessed to income-tax and wealth-tax by the income-tax and wealth-tax officer in surendranagar and his place of ..... assessment for the purpose of income-tax act, wealth-tax act, expenditure-tax act and gift-tax act was wadhwan; the petitioner also paid income-tax, gift-tax, wealth-tax and expendilure-tax at wadhwan the birthday ceremonies of the petitioner .....
Tag this Judgment!Court : Gujarat
Reported in : (1971)12GLR850
..... it provided almost for everything right from the commencement of the presentation of the petition upto its final determination by the supreme court and also for costs, security for costs and execution of the order as to costs? this question though undoubtedly a relevant question is in our opinion not decisive having regard to the ..... sub-section (2) second part seems to have been enacted not for the purpose of supplanting section 108 sub-section (2) but for the purpose of securing expeditious disposal of election petitions. this view is considerably reinforced if we contemplate a case where the chief justice may have assigned two or more judges for the ..... provisions of the code of civil procedure and the evidence act on the other, the former shall prevail. the object of introducing these sub-sections is also to provide that in certain respects the ordinary procedure shall be departed from. as observed by lord moulton in national telephone company's case (supra):there are two obvious methods .....
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 : (1973)14GLR537
..... of 1967, the same point about the constitutional validity of article 15 of the schedule i to the bombay court fees act, 1959, arises under the following circumstances. the petitioner was the owner of land situated along the national highway no. 8 and bearing s. no. 130/2, of abrama village in bulsar taluka of bulsar district in the ..... f) of the constitution. gajendragadkar j. as he then was, delivered the majority judgment and he has pointed out that the conclusion was inescapable that the order for security retards the assertion or vindication of the fundamental right under article 32 of the constitution and in that sense must be held to contravene the said right. it was ..... of the fundamental right guaranteed to the citizens to move this court under article 32. that is why we think rule 12 in respect of the imposing of security is invalid.relying on this passage from the supreme court judgment, mr. kaji contended that in the instant case article 15 of the first schedule of the bombay .....
Tag this Judgment!Court : Gujarat
Reported in : (1974)ILLJ1Guj
..... pronounced. long holidays have often been regarded not only as beneficial for the workers receiving them but also as useful in creating employment opportunities and promoting job security, a consideration which was also one of the reasons underlying the striking new development generally known as 'sabbatical' leave. the first important agreement to contain ..... dearness allowance, there can be no doubt that if circumstances have changed, there is a good case for a change in the award.' subsequently in trichinopoly mills v. national cotton textile mills workers union, [1960 - ii l.l.j. 46 (48)], gajendragadkar, j. dealing with the 'rehabilitation charge' for determining bonus observed : ..... part of the government of india so far to amend the indian factories act. but such conventions are not only to be followed by legislation at the national level but also by collective agreements and by orders of proper authorities. the factories act applies to a very large number of concerns, large and small. .....
Tag this Judgment!Court : Gujarat
Reported in : (1976)17GLR1017
..... v. the queen (1967) 1. a.c. 259 had after referring to the judicature provisions in the ceylon independence act, 1947 rightly observed-these provisions manifest an intention to secure in the judiciary a freedom from political, legislative and executive control. they are wholly appropriate in a constitution which intends that ..... judges from one state to another was unfounded and contrary to the petitioner's own publicly pronounced views in 1967. such transfers really strengthen national integration and promote judicial independence cutting at barriers of regionalism and parochialism and avoiding evils resultant from over localisation of interests and influence. the ..... or decision. the independence of judiciary, which is a cardinal principle of the constitution and has been relied on to justify the deviation, is guarded by the relevant article making consultation with the chief justice of india obligatory. in all conceivable cases consultation with that highest dignitary of indian justice .....
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