Court : Gujarat
Reported in : AIR1969Guj349; (1969)GLR769
..... reasonable opportunity of being heard to show cause by showing non-existence of those grounds, or that they were ultra vires the act, or no grounds at all. even on the other question, the petitioner's grievance must be upheld because section 18(5) in terms provides that no appeal shall be disposed of unless the appellant has ..... particular individual, and it is not necessary that there must be 'a superadded characteristic or something more to impose a duty to act judicially'. this wrong gloss of lord hewart c. j. on lord atkin's observations which was assumed even by theprivy council in nakhuda ali v. jaiyaratne 1951 ac 66 to be 'a general principle beyond ..... first question it must be held that the discretion of the licensing authority when it sought to suspend the petitioner's licence was a judicial or quasi-judicial discretion, and the authority had a duty to act judicially or quasi-judicially in the sense of at least informing the concerned licensee of the proposed grounds and of giving .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1989Guj168; (1988)2GLR1472
..... filing the nomination papers must. take place (1) at the meeting and (2) after the determination of the terms of office of the president and vice-president as contemplated by subsection (1) of s. 33 of the act.relying on the judgment in the case, of keshavrao shrawanji datir v. collector, amravati, (1962) 64, bom lr 599, the court ..... nomination papers must take place (1) at the meeting and (2) after the determination of the term of office of the president and vice president as contemplated by s. 32(1) of the gujarat municipalities act and the bench held that it is necessary for a candidate contesting the election to know what is the term of the office ..... is no prohibition to have a nomination prior to the election contemplated unders. 32 of the gujarat municipalities act and s. 55(4) of the gujarat panchayats act at the time prior to 'the meeting fixed for elections of president and vice-president, there is no warrant to construe the word ~election' occurring therein in a broader sense so as .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1982Guj163; (1982)1GLR611
..... s. 43-b provided that no election of the president shall be called in question except by election petition presented ..... the matters relating to elections after the decision of the supreme court in ponnuswami's case : [1952]1scr218 (supra). the supreme court, in that context ,referred to s. 43-b of -the u. p.municipalities act, which provided as to how the election of president was to be questioned. the main enactment contained in sub-section (1) of ..... in accordance with the provisions of the act. sub-section (2) provided the grounds on which such election can be challenged. sub-section (2) (c .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1967Guj92
..... to whether a panchayat or municipal servant is or is not entitled to the protection of art. 311. the case reported in air 1958 mad 211, srinivasan v. president, district board, coimbatore, was the case of an employee in the service of a district board. rajagopalan, j., held that such a person was not entitled to ..... he is not necessary or suitable to the requirements of the panchayat service, and every secretary whose services are so discontinued shall be entitled to such leave, pension, provident fund, gratuity, other rights and privileges as he would have been entitled to take or receive on being invalided out of service if he had continued ..... common seal and a right to acquire and hold property. the panchayat was, at the relevant time, governed by the bombay village panchayats act, 1933 (hereinafter called act of 1933). under s. 33 of the act of 1933, the panchayat was required to appoint a part-time secretary. it appears from the resolution dated 21st september 1956, that petitioner .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1965Guj234a
..... service of such a member which includes proceedings by way of disciplinary action, without affecting the powers of the president or governor under article 310 of the constitution read with article 311 thereof. (6) the parliament and the legislature also can make a law laying down and ..... (4) the parliament or the legislature of states cannot make a law abrogating or modifying this tenure so as to impinge upon the overriding power conferred upon the president or the governor under article 310,as qualified by article 311. (5) the parliament of the legislature of states can make a law regulating the conditions of ..... which i am not concerned for the purpose of the present petition was placed before the state of advisory committee constituted by the central government under s. 115(5) of the act .the state advisory committee was composed of a member of the state public service commission, and officer of the state government and an officer nominated .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1963Guj98; (1962)GLR479
..... that case that the opening words of that article in terms override all provisions of the constitution, subject only to the provisions of article 143 which enable the president to consult the supreme court on matters referred to it. in that case the supreme court held that those all-embracing opening words of article 363 clearly override ..... as his privy purse for meeting any expenses in respect of :(i) the maintenance of any member of his retinue and the payment of salaries, allowances and pensions to the members of his staff or to persons who have retired from his service;(ii) the maintenance of any one building declared by the central government as ..... jagir-dars and relations of the rulers of the erstwhile states which had merged in bombay. they challenged the vires of the bombay merged territories and areas (jagir's abolition) act, 1953 whereunder they were deprived of their jagirs. they contended that by reason of clause 5 o the letters of guarantee which had been obtained by the .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1983Guj10; (1983)1GLR156
..... receipts were not disregarded in the united kingdom in dealing with damages under the fatal accidents act, 1876 (lord campbell's act) until the law was altered by the fatal accidents act, 1959 which provided in section 2 that any insurance money, benefit, pension or gratuity which has been or will or may be paid as a result of the ..... death shall not be taken into account, 'benefit' was defined as meaning benefit under the national insurance acts and ..... justified. the deposit of the sum of rs. 21,000/- has been made by the said appellant with the commissioner for workmen's compensation in the discharge of the liability under the workmen's compensation act, 1923 incurred by it because the accident arose out of and in the course of the employment of the deceased. the said sum .....
Tag this Judgment!Court : Gujarat
Reported in : (2009)2GLR1348
..... decide claim petition and affirmed finding recorded by order dated 4/4/1995 that issues as to whether claim petition was cognizable under motor vehicles act or workmen's compensation act holding that this claim petition could be decided by motor accidents claims tribunal. ultimate finding is that accident occurred in question is attributable of some ..... that if arose 'out of' an employment which involved more than the ordinary risk and consequently held that the widow was entitled to compensation under the workmen's compensation act, 1906. in this case the court of appeal has followed its earlier judgment of challis (supra). in the aforesaid case the contention of employer that ..... as the case may be.explanation:- for the purpose of this sub section, 'permanent disability' shall have the same meaning and extent as in the workmen's compensation act, 1923.(2) in any claim for compensation under sub-section (1), the claimant shall not be required to plead or establish that the death or permanent .....
Tag this Judgment!Court : Gujarat
Reported in : (1976)GLR370; (1976)IILLJ208Guj
..... , which formed the subject-matter of the chargesheet of the departmental enquiry of 1962, was issued on december 21, 1971, proposing 50% reduction of the petitioner's pension and withholding of the entire gratuity amount except re. 1. the petitioner filed a detailed reply on january 18, 1972. thereafter he was heard by the secretary ..... of the fundamental rules of our constitutional set up that every citizen was protected against exercise of arbitrary authority by the state or its officers. duty to act judicially would, therefore, arise from the very nature of the function intended to be performed. if the essentials of justice be ignored and the order to ..... that they formed the subject-matter of the criminal proceeding in which the petitioner was acquitted, while the companion accused storekeeper was convicted under s. 5 of the prevention of corruption act by the special judge, rajkot. the decision, dated august 6, 1961, was not challenged in appeal. thereafter the departmental enquiry was no .....
Tag this Judgment!Court : Gujarat
Reported in : (1966)0GLR156
..... matter, then the law so made by the legislature of the state must prevail in that state, if it has been reserved for the consideration of the president and has received his assent. but even in such a case the parliament may subsequently enact a law with respect to the same matter adding to, amending ..... legislature had the power to enact a law with respect to compulsory acquisition of a commercial or industrial undertaking unless the governor-general in his individual discretion acting under s. 104 empowered either of the legislatures to enact such law. sri porus mehta sought to draw support from this decision on an analogy. he contended ..... . that decision is rajahmundry electric supply corporation v. state of andhra : [1954]1scr779 . in that case the vires of the madras electricity supply undertakings (acquisition) act, 1949, was challenged on the ground that the state legislature had no legislative competency to enact it. the question, therefore, arose under what entry in the legislative .....
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