Court : Gujarat
Reported in : (1994)2GLR985
..... the norms regarding prescription of age for a vice-chancellor have found legislative recognition in the gujarat university act and m.s. ..... the prescription of age limit would be a matter of policy. .....
Tag this Judgment!Court : Gujarat
Reported in : (1972)0GLR708
..... this letters patent appeal raises a short question as to the constitutional validity of prescription of different scales of pay for assistant lecturers who are holders of second class degree with or without experience and assistant lecturers who are experience and assistant lecturers who are second class diploma-holders ..... .' it would not, therefore, be right to infer from mere prescription of minimum qualifications for eligibility that experienced diploma-holders are treated by the rules as equal in merit with degree-holders for the purpose of recruitment. 7 .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1989Guj209; (1989)1GLR330
..... mehta, learned counsel, has also stated that subsequent to the prescription of the new roadline under the present bpmc act, the old roadline prescribed under the boroughs act is no more in existence and as such the provisions of the bpmc act must be applied. ..... 210 of the bpmc act prescribing the roadline, the old prescription of the road margin under the boroughs act 1944 no more survives and as such the procedures under ss. .....
Tag this Judgment!Court : Gujarat
Reported in : 1992(61)ELT447(Guj); (1991)2GLR1081
..... further, merely because the provision of section 5 of the limitation act, 1963 which prescribes for condoning delay in some cases, is not made applicable, it cannot be said that prescription of particular period of limitation for filing an application for refund is arbitrary or violative of article 14 of the constitution. ..... further, even if great hardship may occasionally be caused by statutes of limitation, in case of poverty, distress and ignorance of rights, it would hardly be a ground for holding that the prescription of time limit is unreasonable or arbitrary one. ..... 256) : a law of limitation and prescription may appear to operate harshly or unjustly in particular cases, but where such law has been adopted by the state ... ..... some cut-off date or prescription of period of limitation is bound to cause hardship to some persons, but that would hardly be a ground for holding that it is arbitrary and, therefore, violative of article 14 of the constitution. .....
Tag this Judgment!Court : Gujarat
Reported in : (1969)10GLR1
..... but when 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 prescriptions may well be regarded as intended to be directory only in cases when injustice or inconvenience to others who have no control over those exercising the duty would result if such requirements were essential and imperative.these are some ..... another test which may also be usefully employed at times is, to quote the words of maxwell on interpretation of statutes:a strong line of distinction may be drawn between cases where the prescriptions of the act affect the performance of a duty and where they relate to a privilege or power. ..... if a nomination paper is delivered to the presiding officer less than two hours before the time fixed for the meeting, he cannot ignore the prescription contained in rule 6 and say that the candidate has been duly nominated. .....
Tag this Judgment!Court : Gujarat
Reported in : (2001)3GLR2593
..... we would say that by placing such unsigned and undated prescription and some medical bills, defence is not relieved of its burden of proving the defence.14. ..... we have pointed out earlier that merely by producing unsigned and undated prescription, it cannot be said that the accused was insane. ..... surprisingly, when we examined the original record, it is found that one prescription which is on the printed letterhead of dr. .....
Tag this Judgment!Court : Gujarat
Reported in : (2004)188CTR(Guj)316; [2004]268ITR48(Guj)
..... after specific prescription of the proper course of action exactly in the present context by the supreme court, it would be highly improper and presumptuous for the petitioner to submit and for this court to hold that it is an alternative remedy which is not ..... the conjunction 'and' is an important one and has been interpreted as a strict prescription of law. ..... this prescription is the binding law under article 141 of the constitution of india.7.1 in the facts of the present case, the petitioner being halfway through the process and now that reasons are revealed, what remains is filing of .....
Tag this Judgment!Court : Gujarat
Reported in : (1967)8GLR956
..... their lordships struck down rule 53 on the above ground and held that, in the absence of any prescription of maximum rate by the state government, the market committee had no power to levy a fee. ..... secondly, it is contended that, the fixation of the floor and the ceiling rates is a condition precedent and, in the absence of any such prescription by the government in regard to these two matters, the levy was incompetent too. ..... circumstances, in our judgment, reading sub-section (1) of section 124 as a whole, the proper construction appears to be that, the power of the panchayat to decide the rate at which a tax is to be levied is not made dependent upon the fixation or prescription by the state government of the minimum and the maximum rates. ..... shah, however, contends that, even if this be so, the challenge on the ground of the non-prescription of the minimum and the maximum of the rates survives. ..... it is possible to take the view that, besides prescription, the government has the power of fixing the minimum and the maximum rates by fixing them by an order and not necessarily by rules. ..... if this submission is correct, then, the second part of the first submission, at least so far as it is based on the non-prescription of the maximum rate, must be rejected. ..... if there is a general prescription by rule, that is, by a rule which will have the force of law, then, the mandal is prevented from requiring a panchayat to increase the rate beyond the maximum. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1972Guj204
..... into the possession of property as a mortgagee and held that property as a mortgagee with a limited interest and that they did not claim any higher right or interest in the property either during the period of prescription or on completion of the period of prescription under section 28 read with article 144 are the questions of intention of parties and that intention is to be gathered and established by the evidence which may be adduced by the respective parties in support of ..... immovable property not on the assertion of any absolute title but on the basis of an unregistered rehan bond in his favour and remains in possession for more than twelve years, he acquires the status of a mortgagee by the doctrine of prescription and so even though the rehan bond is not a valid transaction for want of registration, the mortgagor is entitled to redeem the property ..... relied on the decision of supreme court in air 1951 sc 469 and air 1961 sc 1442 in support of his contention that a person can acquire a limited right on the expiry period of prescription as prescribed under the limitation act by way of adverse possession.6. ..... , therefore, even though the mortgage deed was not registered according to law in force at that time, the suit for redemption of such a mortgage was competent after the expiry of the prescriptive period of 12 years under section 28 of the said limitation act. mr. ..... 1/1 to 1/4 acquired limited interest as a mortgagee by prescription under section 28 read with article 144 of the indian .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1994Guj130; (1995)2GLR1063
..... one may go further visualising possibility of prescription of different time-limits by the same competent authority for different landholders. ..... it did not want to leave prescription of a condition as to the time-limit within which such dwelling-units were to come up under section 21(1) of the act to the competent authority. ..... it may result into prescription of a particular time-limit for a grey-haired landholder and 3 different time-limit for a black-haired one. .....
Tag this Judgment!