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 .....
Tag this Judgment!Court : Gujarat
Reported in : [1988]174ITR77(Guj)
..... 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 .....
Tag this Judgment!Court : Gujarat
Reported in : 1989CriLJ2502; (1989)2GLR1239
..... the matter inasmuch as the offence in question was a serious economic offence, which undermined the entire economy of the nation, it has also been pointed that the delay occasioned in the working of the judicial system by the ever increasing ..... deprivation would be violative of his fundamental right under article 21 and he would be entitled to enforce such fundamental right and secure his release. now, obviously procedure prescribed by law for depriving a person of his liberty cannot be 'reasonable, fair ..... have been the guardian of the constitution and sentinels of the rights and liberties of the citizens and they have been guarding the same through the judicial process. they have looked to the interest of the citizens even if there is no ..... to impeach the execution of the death sentence. the relevant provision in the indian penal code, the criminal procedure code, the evidence act and the rules made by the high courts and the supreme court governing the trial, appeal execution of sentence, etc. .....
Tag this Judgment!Court : Gujarat
Reported in : II(1993)ACC479; 1993ACJ673; AIR1993Guj171; (1993)1GLR779
..... the minimum compensation. the relevant observations are as under (para 21):'the insurance companies are now nationalised and the necessity for awarding lump sum payment to secure the interest of the dependants is no longer there. regular monthly payments could be made through one of the nationalised banks nearest to the place of ..... mehta, learned advocates appearing for insurance company, have relied upon the decision of full bench of the karna-taka high court in the case of re : national insurance company ltd., air 1992 kant 3. it should be noted that in the aforesaid case the karnataka high court fully agreed with the view taken by ..... compensation awarded to them.'thereafter, the court indicated broad guidelines which the claims tribunals should follow while disposing of the claim applications arising under the motor vehicles act, j939, to scotch complaints of misapplication of compensation money. the court, inter alia, directed that the amount should be invested in a nationalised bank as .....
Tag this Judgment!Court : Gujarat
Reported in : (1993)2GLR1368
..... notice of the superior officer regarding the alleged misconduct of the complainant. in a given case, it would be quite within the right of the activist court to secure presence of the complainant by issuing warrants even. the idea is neither any defaulting industrial units or even the complainant could be permitted to trifle and play with ..... of the pollution.(vi) that in order to forestall the delay of pending cases in the court, the complainant after filing the complaint, should be on guard to see that the proceedings before the court are conducted as expeditiously as possible without wasting any time to the disadvantage of the object for which the ..... sacred duty to be discharged to the society in seeing that the complaints under the said act are attended to and decided as expeditiously as possible on the emergency basis. if this urgency and importance of the act, in the context of the national and international/global situation is not understood in its proper spirit and perspective, and made .....
Tag this Judgment!Court : Gujarat
Reported in : (1993)2GLR1555; (1994)ILLJ721Guj
..... the other hand to the said extent, obstruct social welfare programmes. one can quite understand the people contributing their humble might by paying taxes for the national development and defence, but how strange, paradoxical and objectionable it is that its money is just squandered away unproductively because of arbitrariness and total irresponsibility on the ..... the report it is manifest that a fake order in a non-existent writ petition was produced before the lucknow bench of the allahabad high court for securing the order dated june 4, 1990. it also transpires that on the basis of alleged order dated may 25, 1990 and the subsequent order of june ..... no. 1 had directed the home inspector, amreli to file a criminal complaint against the petitioner for the offence punishable under section 145 of the bombay police act, 1951 (which is regarding giving false information while joining service in the police department). accordingly, a criminal complaint was filed against the petitioner in the court .....
Tag this Judgment!Court : Gujarat
Reported in : (1995)1GLR651
..... took into consideration the labour commissioner's report dated march 21, 1987. in this report it was stated that security is not directly or indirectly the main activity of the company. that in the national interest security should be handed over to special agency. another document taken into consideration was that of the department of industries ..... might be swayed with the feelings for his brother workers, and may permit damage or loss to the property of the establishment of vital importance to the nation's economy. as indicated hereinabove, no such policy decision is placed on record of this petition. no particulars with regard to this policy decision are ..... act.3. at die time when the petition was filed, there were 137 members of watch and ward department. they are, one senior security officer since 1979; four security supervisors - three of them have been working since 1979 and one of them since 1984; 16 security sub-inspectors, most of them have been working since 1978 and 116 guards .....
Tag this Judgment!Court : Gujarat
Reported in : [1995]84CompCas230(Guj)
..... shares of different companies of the mafatlal group. it was controlling new shorrock spinning and ., standard mills company ltd., mafatlal fine spinning and ., indian dyestuff industries ltd., national machinery ., national organic chemical industries ltd. (nocil), polyolefins industries ltd. (pil), hoechst dyes and chemicals ltd. he has pointed out that in the aforesaid three companies, the shareholding pattern ..... be fixed. his subsequent conduct, and more particularly, the conduct at the time of the rights issue of 1992 would put this court on guard and would require this court to put a question to itself as to whether the majority or the anm group in this case can be said to have ..... . in that context, the court examined section 173 of the act and the question as to whether its provisions were mandatory or directory. in this connection the court observed as under (at page 841) : 'the object of enacting section 173 is to secure that all fact which have a bearing on the question on which the .....
Tag this Judgment!Court : Gujarat
Reported in : (1995)2GLR1210
..... should not be allowed.hazardous wastes dumped on the bank of canal and on the side of the road have to be excavated and placed on the secured landfill facility as quantity of waste dumped is less than 1,000 tonnes.the bottom of the canal has to be lined with proper liner along the ..... & handling) rules, 1989 were framed which required that hazardous wastes have to be disposed of in environmentally safe manner. the g.p.c.b. entrusted the national productivity council with a task of carrying out 'environmental impact assessment studies for identification of hazardous waste disposal sites in odhav, naroda and vatva industrial estates of ahmedabad district ..... minister of india and realising the importance of the prevention and control of pollution of water, the parliament passed the water (prevention and control of pollution) act, 1974. this act was also applicable to the states, which had passed a requisite resolution under article 252(1) of the constitution, including the state of gujarat. the .....
Tag this Judgment!Court : Gujarat
Reported in : (1996)2GLR200
..... initially award 1/l0th of total ex-gratia compensation as immediate relief and rest of the amount be put in any nationalized bank for two to three years and the quarterly interest accrued thereupon can be given to the victim till the case ..... , the court also like a goldsmith always and invariably must put its golden scale of justice in tightly safe and secured place where it is not tilted or lose the balance by wafting thoughts, cross-breezes of over-enthusiasm passing across the ..... by stormy weather ! further, the gravest the charge and equally stringent the punishment provided for it, it is the foremost guarded duty of the court to see that in undue hurry, haste or sometimes even inadvertently swayed by class, caste prejudices, ..... is still not that fully rational where ulterior motives in him/her occasionally peeping out overpowers their virtues and make them act quite sadly and madly as wild animals pouncing upon the innocents making even palpably false accusations against them !! this natural .....
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