Court : Gujarat
Reported in : (1993)2GLR1829
..... and order of the division bench of this court dated 26th march, 1980, allowing the petition of the supervisors is quashed and set aside and the said petition is revived before us to decide precisely the question of prescription of ratio between junior engineers (degree holders) and supervisors (diploma holders) fixed under deputy engineer (electrical) recruitment rules, 1978 issued vide notification dated 4th july, 1978. ..... a unified class was trifurcated, different treatment in the matter of promotion ought not to be and should not be meted out as rights which were hitherto available to supervisors (diploma holders) for promotion should not be denied to them by prescription of ratio which drastically curtails the chance of promotion and which renders the class of supervisor into a helpless class liable to stagnate. ..... based on the recommendations of the expert committee on the observations to which reference is made by the court it was held by the court that prescription of longer period of experience for the diploma holders to be eligible for the promotion was constitutionally permissible. ..... from the aforesaid observation it becomes at once clear mat unless it is shown to the court that prescription of ratio of 2:1 for junior engineer and supervisor is irrational, unfair and unreasonable so as to violate the equality clause, this court would not undertake an exercise as to whether it is more beneficial to a class or other or as to whether it is going to cause more hardship, to .....
Tag this Judgment!Court : Gujarat
Reported in : 2005CriLJ2957; (2005)1GLR709
..... proof of existence of special and adequate reasons for a first offence, the court is empowered and entitled to award less than minimum sentence on finding accused guilty either by evidence or by raising 'plea of guilty' and judicial directions and prescription of special format contrary to the statutory provisions as observed by us, hereinabove, are not binding and required to be followed for recording the plea of guilty of accused and the proposition provided in three decisions relied on by the state ..... very altert and serious, and considering the overall factual profile and conspectus referable to each accused in such case, in view of the clear mandate of the proviso in a given case for admitting the case of the prescriptive periphery of the proviso and making departure from minimum sentence, by exercising discretion, the court has an incumbency to record that there are special and adequate reasons for that and such reasons should be articulated ..... reading plainly, it is evident, that by providing in the proviso in both the sections, even in presence of special and adequate reasons to be recorded by the court in the judgment, such an interpretation, in our opinion, would be diametrically opposite to the legislative prescription of sentence of minimum period and fine of minimum amount, and will efface and defy further discretion by vesting and empowering the court to impose minimum sentence leaving court to be unmindful of the mandate of statutory proviso in the .....
Tag this Judgment!Court : Gujarat
Reported in : [1980]45STC318(Guj)
..... to the subsequent legislation on the same topic by the learned advocate for the assessee in support of his contention that the legislature has now expressed its intention by adopting the test of predominance of basic material or the prescription of a minimum percentage of the basic material in the relevant entry of cotton fabrics as amended by the finance act of 1977. ..... we do not think that this contention is well-founded as the same result, namely, prescription for the use of minimum percentage of the basic material, could be achieved by necessary implication also. ..... the minimum prescription of percentage for other kinds of materials which can be mixed is only for the limited purpose of excluding fabrics having such minimum percentage from the basic material of cotton fabrics. ..... the prescription of minimum percentage of the other fabric which can be mixed with the basic material without disturbing the original description of the fabric would virtually determine the balance percentage of the basic material. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1974Guj76
..... in other words, where a public duty is imposed and the statute requires that it shall be performed in a certain manner or within a certain time or under other specified conditions such prescription may well be regarded as intended to be directory only when injustice or inconvenience, to others who have no control over those exercising the duty, would result, if such requirements were deemed essential and imperative. ..... but the period of two months mentioned therein is merely directory.it is well settled that where the prescription of an act relates to the performance of a duty by a public officer the breach of such prescription, when it does not cause any real injustice, does not invalidate the act done under the act, and, therefore, such prescriptions are merely directory. .....
Tag this Judgment!Court : Gujarat
Reported in : (1996)3GLR783
..... . it is as well to realise that every prescription of a period within which an act must be done, is not the prescription of a period of limitation with painful consequences if the act is not done within that period.79 .....
Tag this Judgment!Court : Gujarat
Reported in : (1965)6GLR655
..... (3) that the impugned act was competent and was protected from any attack under article 31(b) of the constitution and that although the plaintiff and his ancestors had a right by prescription to the enjoyment of the full proprietary rights of the suit lands subject to the payment of udhad jama prior to the coming into force of the act the suit lands were liable after the act to pay ..... under the various regulations and act of 1817 1827 and 1863 there were limitations on the right of the government to levy land revenue and the plaintiffs lands remained unaffected and this right enjoyed by prescription and from times immemorial could not be taken away by any law. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1968Guj38; (1967)GLR225
..... which occurs in chapter vii, and it would be very odd that, though that topics is specifically mentioned in clause (i) the legislate did not intend to subject that matter to the provisions of chapter vii and subject only the prescription of taxes, the grant of exemptions had the conditions and extent of remissions and the system of refunds ..... . in the first instance, t is to be noticed that the clause confers powers of prescription in regard to five topics, but used the present participle 'prescribing' only twice ..... . in the view of the matter, in our judgment, the clause 'subject to the provisions of chapter vii must govern not only the prescription of taxes but also the prescription of fees to be charged under section 70. if as mr ..... . thereof, grammatically, the first power of prescription governs the clause upto 'shall be payable' and, therefore, the expression 'subject to the provisions of chapter vii' must govern all the parts of clause (i) upto that stage ..... . patel contends that, that limitation only governs the prescription of taxes or their modes .....
Tag this Judgment!Court : Gujarat
Reported in : (1993)1GLR325
..... . the observations of the supreme court that, from the nature of the goods it was likely that most of the customers would obtain a prescription from a doctor and show it to the chemist before they purchase and in such a case except in the event of hand-writing of the doctor being very bad or illegible the chance of confusion is remote, cannot, therefore, be so ..... . if the supreme court intended to lay down the proposition of law that wherever the medicinal preparations are to be sold by a chemist on a doctor's prescription, there was no likelihood of any deception or confusion, it would not have undertaken any exercise of comparing the words nor would it have laid down the test for comparison in context of ..... amending the specification of goods so as to read 'medicinal and pharmaceuticals preparation containing 'cimetidine' for the treatment of ulcer and to be sold on the written prescription only' instead of 'pharmaceutical and medicinal preparations', which appear in the advertisement in the trade marks journal. ..... decision does not lay down any absolute proposition that there can be no deception where the medical products are required to be sold on doctor's prescription by a chemist and has only observed that there would be less chances of deception ..... contended that there was no possibility of any deception or confusion by use of the impugned mark in view of the fact that it was in relation to a scheduled drug to be sold on a prescription of medical practitioners by chemists .....
Tag this Judgment!Court : Gujarat
Reported in : [2009]147CompCas243(Guj)
..... (supra), wherein it is specifically held that the prescription of an exclusive tribunal both for adjudication and execution is a procedure clearly inconsistent with realisation of debts in any other manner and the adjudication of liability and the recovery of the amount by execution of the certificate are respectively ..... obviously, the prescription of an exclusive tribunal both for adjudication and execution is a procedure clearly inconsistent with realisation of these debts in any other manner. .....
Tag this Judgment!Court : Gujarat
Reported in : [1979]43STC516(Guj)
..... particularly, the second object which we have pointed out above, as is clear from the very scheme of the section, we do not think that the tribunal was justified in reaching the conclusion as it did that since the prescription of the condition precedent of payment of the central sales tax in order to earn refund of the state tax is not inserted in the state act or the rules, the assessee would be entitled to the refund of sales tax provided ..... tax before earning the refund of state tax borne on the same goods at an early stage inserted in clause (b) of section 15 retrospectively with effect from 1st october, 1958, would superimpose itself on section 44 in so far as it provides for prescription of the condition for earning the refund of state tax if the declared goods are sold in the course of inter-state trade of commerce and, therefore, it must be read as a part of the state act. ..... the tribunal clearly overlooked the objects of inserting section 15 on the statute book and, therefore, fell in error that till the prescription of the condition precedent of payment of central sales tax in order to earn the refund of the state tax paid on the same goods at an earlier stage is correspondingly inserted in section 44 and rule 47, the assessee cannot be deprived of the .....
Tag this Judgment!