Judgment Search Results Home > Cases Phrase: north bengal university act 1981 Court: gujarat Page 1 of about 116 results (0.092 seconds)

Shri Krishna Rangnath Mudholkar Vs. Gujarat University and ors.

Court : Gujarat

Reported in : AIR1962Guj88; (1962)0GLR204

..... in which english was the medium of instruction, in purported enforcement of sections 4 (27) and 38a of the gujarat university act, 1949, and statutes 207, 208 and 209 made by the senate under the provisions of the gujarat university act, 1949, the petitioner filed the present petition challenging the legality end vires of sections 4 (27) and 38a and statutes ..... english or any other language as a medium of instruction and examination and statutes 207 to 209 are therefore null and void- (iii) the new proviso enacted by act iv of 1981 constitutes an encroachment on the field ofentry 68 of list 1 and is therefore beyond the legislative competence of the state and consequently null and void and statutes 207 and ..... the view that on a comparison of the categories of subject-matters within the exclusive legislative competence of the dominion and provincial legislatures respectively under sections 91 and 92 of the british north america act, 1867, and on a consideration of the object of the impugned bill and its effect if it became operative in the province of abrta, the proposed taxation was not in any ..... bengal or madras for example whose language is marathi, bengali ortamil and who are not equipped with adequate knowledge of gujarati or hindi, but, who, by sheer stress of circumstances, have to reside in gujarat, are precluded from taking higher education in any of the colleges run by private concerns or individuals, which have got to be affiliated under the provisions of section 5 of the act .....

Deepak Nitrite Ltd. Vs. N.H. Rana

Court : Gujarat

Reported in : [2002(93)FLR431]

..... for the strike is illegal;(iii) to order to grant consequential relief of reinstatement with backwages deleting stoppage of two increments stated in award by the labour court and continuity of service from 4.6.1981;(iv) to order that the above two charge sheets being illegal the respondent is liable to pay compensation in terms of section 13(2b) of the industrial employment standing order, 1946, for deprivation of personal liberty in terms of article 21 of the ..... the gujarat university act, 1949. ..... the the standing order provides punishment among others, dismissal and the procedure to be followed.4.3 i have gone through the judgements cited by the learned counsel for the petitioner, particularly, the decisions in bengal bhatdee coal company (supra), the oriental textile finishing mills (supra), workmen of tanning and finishing unit (supra), bharat sugar mills ltd. ..... have set out in this behalf wherein i have extracted the finding of the labour court.2.28 the learned counsel for the petitioner submitted that power under section 11a of the industrial disputes act has to be exercised judicially and punishment can be interfered with only when the punishment imposed by the management is highly disproportionate to the degree of guilt of the workman concerned. ..... in (para 9), the specific circumstances and the law applicable referred to in para 12.2.21 the learned counsel for the petitioner has relied on the judgement of the hon'ble supreme court in the case of bengal bhatdee coal company vs. .....

Chartered Accountants' Association and Gujarat Institute of Civil Engi ...

Court : Gujarat

Reported in : 2001(74)ECC51; 2005(179)ELT129(Guj); (2001)4GLR3630; 2006[2]STR300; [2007]7STT29

..... the calcutta high court, following the observations of the federal court in ralla ram's case , negatived the contention by holding that the real distinction between these two acts seems to be that whereas the income-tax act purports to tax the true income, there is no such pretence in the west bengal panchayat act which uses the annual value merely for the purpose of valuation of the property to be taxed. 43. ..... (5) 'architect' means any person whose name is, for the time being, entered in the register of architects maintained under section 23 of the architects act, 1972 (20 of 1972), and also includes any commercial concern engaged in any manner, whether directly or indirectly, in rendering services in the field of architecture ; . . ..... in this case, the office of a chartered architect was sought to be brought within the purview of the madras shops and establishments act and the court upheld the contention of the chartered architect that the tax was meant to cover shops and establishment which are associated with the carrying on of trade or commerce and cannot take in ..... : [1974]3scr760 , the apex court quoted with approval the following scintillating observations made by american judges and jurists (page 1314) : ' 'statutes are directed to less than universal situations. ..... state of haryana : [1981]2scr364 : 'before exclusive legislative competence can be claimed for parliament by resort to the residuary power, the legislative incompetence of the state legislative must be clearly .....

Parmar Dipubhai B. and 10 ors. Vs. Registraqr of Co-operative Societie ...

Court : Gujarat

Reported in : (2006)2GLR1615

..... the registrar has no jurisdiction to decide dispute between society and its employees, then, on what basis registrar has got power under section 160 of the act to decide dispute about validity of appointment of employees made by society he submits that section 160 of the act for limited purpose having supervision for maintenance, proper management and affairs of the society but it is not relating to dispute which has to be examined by ..... submits that court has come to prima facie conclusion in respect of service matter of society, registrar has jurisdiction to invoke and exercise power under section 160 of the societies act and, therefore, if this court is taking different view, then, matter has to be referred to the division bench but he admits that in bhavnagar district cooperative bank ..... observations in para 11 reads as under:11...if, as we think, the expression sunder the act occurring in section 3 of the act cannot be read as meaning under the act and the bye-laws framed by the registered societies thereunder, then the investment of the joint registrar by the government with all the powers of the registrar under the act and the notification issued on 13th june,1956 cannot make the approval given by the ..... , of its members to periodically retire by rotation and any bye-law of such society containing such provision shall with effect on and from the commencement of section 2 of the gujarat co-operative societies (amendment) act, 1981 (6 of 1981) cease to be in force.]27. ..... bengal .....

Halar Utkarsh Samiti Through Prakash H. Doshi Vs. State of Gujarat Thr ...

Court : Gujarat

Reported in : (2001)2GLR964

..... of india and attorney general of india and that as opined by the additional solicitor general, solicitor general and attorney general, such pipeline through a sanctuary can be permitted under section 29 of the wild life (protection) act, 1972, if the damage is negligible and reversible and at the same time, if such activity is beneficial to the conservation of wild life and its habitat in the long run through mitigating and additional conservation measures ..... that it was premature and that everything was open for the state government to consider including the other question of alternative routes that may be available which would not violate the provisions of the said act and other laws before taking the decision; if certain observations have been made relating to the question of the government's jurisdiction to consider the question of grant of permission under section 29 does not mean that ..... the conditions were to be enforced under the provisions of the environment (protection) act, 1986, public liability insurance act, 1991, air (prevention and control of pollution) act, 1981, water (prevention and control of pollution) act, 1974 along with their rules, notifications and amendments. ..... state of west bengal, reported in : [1987]2scr223 , when the controversy relating to environmental protection was raised, the supreme court observed in para 3 of the judgment that the industrialisation, urbanisation, explosion of population, over-exploitation of resources, depletion of traditional .....

Commissioner of Income-tax Vs. Vijay Ship Breaking Corporation

Court : Gujarat

Reported in : [2003]261ITR113(Guj)

..... of any assessee- (i) any interest (not being interest on a loan issued for public subscription before the 1st day of april, 1938), royalty, fees for technical services or other sum chargeable under this act, which is payable outside india, on which tax has not been paid or deducted under chapter xvii-b : provided that where in respect of any such sum, tax has been paid or deducted under chapter ..... such interest income which is deemed to accrue or arise to the non-resident in india in a previous year will be a part of the total income of that previous year of such non-resident by virtue of section 5(2)(b) of the said act.15.under sub-section (2) of section 5, not only income received or deemed to be received in india by or on behalf of the non-resident, but also income that accrues or arises or is deemed to accrue or arise to him in ..... . the regulations of the gujarat maritime board under the gujarat maritime board act, 1981, are regulations made for safety and welfare of workers as a measure of precautions during the cutting operations in the ship breaking yards and reliance on them does not advance the ..... the context of the provisions of section 30 of the bengal money lenders act, 1940, was cited to point out that the supreme court held that the purchasers could not claim any benefit under section 30 inasmuch as they were neither borrowers nor were they being made to pay in respect of a 'loan' as those terms were defined in the act; the fact that under the compromise decree, the moneys .....

Commissioner of Income Tax Vs. Vijay Ship Breaking Corpn. and ors.

Court : Gujarat

Reported in : 181(2003)CLT134

..... source and thereby shifting the obligation to deduct such tax to the bank which issued the letter of credit as a mode of payment of the amount by the assessee, is contemplated by section 195(1) of the act, the amount was payable by the assessee as per the moa and, therefore, the liability to deduct the tax was that of the assessee while making payment through the letter of credit facility provided to the ..... case of any assessee :(i) any interest (not being interest on a loan issued for public subscription before the 1st day of april, 1938), royalty, fees for technical services or other sum chargeable under this act, which is payable outside india, on which tax has not been paid or deducted under chapter xvii-b : provided that where in respect of any such sum, tax has been paid or deducted under ..... ].24.1. the regulations of the gujarat maritime board under the gujarat maritime board act, 1981, are the regulations made for safety and welfare of workers as a measure of precautions during the cutting operations in the ship-breaking yards and reliance on them does not advance case ..... was rendered in context of the provisions of section 30 of the bengal money lenders act, 1940, was cited to point out that the supreme court held that the purchasers could not claim any benefit under section 30 inasmuch as they were neither borrowers nor were they being made to pay in respect of a 'loan' as those terms were defined in the act; the fact that under the compromise decree, the moneys were payable .....

Sida Nitinkumar Laxmankumar Laxmanbhai and anr. Vs. Gujarat University ...

Court : Gujarat

Reported in : AIR1991Guj43; (1990)2GLR808

..... may 9, 1990 the petitioners have approached this court and challenged the legality and validity of the stand taken by the respondent-university and have asserted that they cannot be denied special/ additional benefits conferred upon them and such benefits cannot be made a ..... admitted position as regards the procedure adopted:as regards the policy and procedure adopted by the university, in para 8 of the affidavit in-reply, it is stated as follows:'candidates are called at the ..... however, it was submitted that the procedure adopted is as per the longstanding practice of the university and that of the college council which used to perform the function of granting post-graduate admission ..... the subjects and of all available choices to him as contemplated under the rules, he is asked to waive the fundamental right of being treated equally along with others, and in turn the university gets itself believed of the duty of enforcing the fundamental rights of citizens.36. ..... to be raised and accepted, it would amount to permitting the petitioners to waive their fundamental rights and thereby relieving the university of its obligation to protect and enforce the fundamental rights of the citizens. ..... the nature of command issued by the constitution to the state as a matter of public policy, the object being to ensure equality of status and opportunity to all the citizens no person, by any act or conduct, relieve the i state of the solemn obligation imposed on it by the constitution. ..... : (1981)illj209sc .....

Physical Research Laboratory and ors. Vs. Dr. Mukul Sinha

Court : Gujarat

Reported in : (1988)2GLR1355

..... of the petitioner in effect and substance amounts to penalty of dismissal and, therefore, bad in law, void and ineffective inasmuch as it is sought to be imposed without following the procedure prescribed under section 51a(1) of the gujarat university act; and(2) assuming that the impugned notice is of simple termination of the services of the petitioner, it is bad in law and void and ineffective inasmuch as it is issued without complying with the procedure prescribed under section 51a(2) ..... short period since the petitioner's appointment lasted for more than one year and, therefore, the impugned notice of termination fall within the ambit prescribed in section 51a(2) of the gujarat university act and since the petitioner was not given any opportunity of showing cause against the proposed termination nor approval was obtained from the prescribed authority, the impugned notice is vitiated and, therefore ..... on 19th october, 1970, the secretary to the hospital wrote:i am instructed by the north east metropolitan regional hospital board to offer you an appointment of whole-time assistant in geriatrics to southend-on-sea group of hospitals from 26th july, 1970, subject to the terms and conditions of service of ..... terminated with immediate effect by the order of the medical superintendent, rajindra hospital, dated 21st september, 1981 on the ground of his unsatisfactory conduct. ..... as a house physician for a term of six months commencing from july 1, 1981 and ending with december 31, 1981. .....

Niko Resources Ltd. Vs. Union of India

Court : Gujarat

..... is reproduced below:- "80-ia(1) where the gross total income of an assessee includes any profits 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 ..... of deduction to an undertaking shall be hundred per cent, of the profits for a period of seven consecutive assessment years, including the initial assessment year, if such undertaking fulfills any of the following :- (i) is located in north-eastern region and has begun or begins commercial production of mineral oil before the 1st day of april, 1997; (ii) is located in any part of india and has begun or begins commercial production of mineral oil on or ..... and according to us the following issues fall for consideration in this matter:- (i) whether the insertion of the explanation to section 80-ib(9) of the income tax act, 1961 by finance (no.2) act, 2009 with retrospective effect from 1.4.2000 explaining the meaning of the term "undertaking" is unconstitutional and ultra vires to article 14 of the constitution of india ..... 293a was introduced vide finance act 1981 effective from 1.4.1981. ..... commissioner of income tax, west bengal, calcutta (1977) 2 scc 368, the apex court has laid down the ..... income tax, west bengal calcutta (1997) 2 ..... bengal .....