Court : Gujarat
Reported in : AIR1981Guj1; (1980)GLR838(GJ)
..... v. arisa bhuvan jain dharamshala, 20 guj lr 24 : (air 1979 guj 140). the learned single judge in palitana nagarpalika's case was concerned with the interpretation of section 103 of the gujarat municipalities act. we may point out that the point which arose in that case was regarding the period of one month which must elapse between ..... far as this full bench is concerned, we will only deal with the question arising under section 77 of the bombay municipal boroughs act, 1925. this second appeal first came up for hearing before our learned brother s. b. majmudar, j. on november 27, 1979. by his order dated on that day he referred the second appeal to ..... that case the court was concerned with the provisions of section 60 of the bombay district municipal act, 1901 equivalent to section 75 of the bombay municipal boroughs act. after considering the decision of the supreme court in raza buland sugar co's case (supra) and the decision in the municipal board hapur v. rtighavendra kripal, air 1966 sc .....
Tag this Judgment!Court : Gujarat
Reported in : (1994)2GLR1234; (1994)IILLJ1234Guj
..... available documentary evidence the necessary conclusion drawn by the assistant settlement officer was well justified. the supreme court incidentally observed that 'the proceedings under the act in a civil court and the question of burden of proof does not arise. ' this judgment does not help the petitioner because he has ..... . the iron and steel mazdoor union, kanpur : (1956)illj227sc , the supreme court observed after examining the relevant provisions of the industrial disputes act and u. p. state industrial tribunal's standing orders, 1951, that : 'though these tribunals are not bound by all the technicalities of civil courts, they must nevertheless follow the same ..... the petitioner had already produced his evidence regarding disciplinary inquiry against the workmen in proceedings for approval under section 33(2)(b) of the industrial disputes act, and the tribunal had approved the termination orders, and so the labour court had no jurisdiction to call upon the employer to produce the same .....
Tag this Judgment!Court : Gujarat
Reported in : (1968)GLR815; (1968)ILLJ670Guj
..... governed by the co-operative societies act; but the rules made under s. 43 of that act were very similar to s. 54 which i have got to consider here; and, in their judgment ryves and daniels jj., in considering the word 'business,' says ..... i do not think that it would be right to give a restricted meaning to the words 'touching the business of a society' used by the legislature in s. 54 of the act. the word 'business' is a very wide term and certainly it is not synonymous with the objects of a society. the expression 'touching the business of ..... is no warrant for restricting the meaning of the word 'business' there is certainly less warrant for restricting the meaning of the word 'servant' used in s. 54, bombay co-operative societies act. in 47 all. 374 the word 'business' came in for judicial interpretation. in that case the election of the directors was challenged. the case was .....
Tag this Judgment!Court : Gujarat
Reported in : [1976]105ITR388(Guj)
..... proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture of punishment may be imposed as if the repealing act or regulation had not been passed. if mr. j. p. shah's contention regarding the applicability of section 6 is to prevail, then it would mean that in respect of a bad debt which was written ..... the assessment year 1959-60, those receipts cannot be brought to tax because under section 10(2)(xi) of the act of 1922 as interpreted by the supreme court in express newspapers ltd.'s case and nalinikant ambalal mody's case, the business must be in existence at the time when these amounts were received or when the fight to received ..... to issue the notice under section 156 and section 226(3) of the new act with respect to the liability of the respondent under the old act.' 16. in t. s. baliah v. t. s. rangachari, income-tax officer the ratio of the decision in kalawati devi harlalka's case as explained in income-tax officer (third) v. m. damodar bhat was .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1966Guj126; 1966CriLJ652; (1966)GLR562
..... had arisen is obvious from the nature and the number of activities alleged against him coupled with the fact of the petitioner having acted throughout as a bully working in concert with his associates. considering these circumstances, the present case would in our view fall within ..... was given before the outside limit of five days was provided in section 7(1) and when the act did not contain a provision for the ..... to conflict with the detenu's right to make a representation to the government, there would be no infringement of the right either under article 22(5) or under section 7 of the act. it is true that the decision in atma ram's case air 1951 sc 157 ..... approval of the state government where the order was made by an appropriate officer. but this fact does not make any difference to the distinction made in atma ram's case, air 1051 sc 157 .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1962Guj88; (1962)0GLR204
..... with or contrary to the fundamental rights guaranty under the constitution. but it cannot be gainsaid that by reason of sections 5 and 38a of the act, st. xavier's college, as all other colleges and institutions which are or may be established by minority groups are in fact debarred from imparting instruction in a language ..... an embargo on any particular language as a medium of instruction and examination. the shrimati nathibai damodar thackersey women's university act, 1949, was brought into force on the same day as the gujarat university act, 1949, but this act also does not contain any such provision as section 4(27) or the proviso prescribing a particular language as ..... to it and cannot be permitted to run counter to it.' : [1955]1scr561 : : [1955]1scr568 .62. as regards the petitioner's right to challenge the validity of the impugned provisions of the act, it is true that in charanjit lal chowdhury v.union of india, : [1950]1scr869 the supreme court held that article 32 was not .....
Tag this Judgment!Court : Gujarat
Reported in : (2003)2GLR1266
..... section 9 at the earliest, the petitioner would have no defence in such proceedings. but on the facts of this case, the situation is entirely different. the authorities acting under the act did not initiate any proceedings against the petitioner and opponent no. 3 for 7 long number of years. in the meantime, the petitioner who had purchased the land ..... reasonable time. in the aforesaid decision dated 22-8-1996, the apex court has also approved the ratio of the judgment of this court speaking through hon'ble mr. justice s.b. majmudar (as his lordship then was) in special civil application no. 2770 of 1979 (state of gujarat v. jethmal shaowandas shah) decided on 1-3-1990 that ..... was held that the authorities below were not justified in holding that the transaction in question was bad in law and evict the petitioners in that case.4. in ranchhodbhai's case (supra), this court had held that upon appreciation of the peculiar facts of that case, it had got to be held that the power exercised by the .....
Tag this Judgment!Court : Gujarat
Reported in : (2003)1GLR802
..... were mainly basedupon the protective provisions of section 197 of the cr.p.c. and the aforesaid sections of the bombay police act. elaborating the arguments, the following judgments were discussed :-in aher pola parbat barad v. chituri sahib, asstt. s. p., veraval : (2001)3glr2054 , wherein the complainant was alleged to have been badly beaten, confined and coerced into making a confession ..... charge is already framed against the revisionists and their plea is also recorded.3. the learned senior counsel mr. k.s. nanavati appearing for the revisionists submitted that, even by the allegations of the complainant in the complaint itself, the alleged acts of torture resulting into serious injuries had a direct connection with the discharge of official duties of the accused insofar .....
Tag this Judgment!Court : Gujarat
Reported in : (1996)3GLR19
..... by itself is hardly sufficient to brand the services as not satisfactory for the purpose of reducing the pension and invoking rule 188.26. the upshot of the entire discussion, as aforesaid, is that the order of reducing the petitioner's pension and gratuity as contained in the impugned order dated 14-9-1981 annexure 'i' to the petition issued ..... is that his explanation was not at all satisfactory and it has been taken as admitted that the said lady advocate had appeared in 49 cases in the court presided over by the petitioner while her appearances in other courts were few. so far as the reply to the show cause notice is concerned, i do not ..... state fully the circumstances, the price offered or demanded and, in the case of disposal otherwise than by sale, the method of disposal. thereafter, such government servant shall act in accordance with such orders as may be passed by the commissioner, the head of his department, or government, as the case may be.(2) notwithstanding anything contained .....
Tag this Judgment!Court : Gujarat
Reported in : [1991]72CompCas136(Guj); (1990)2GLR1250
..... found necessary that the money invested by financial institutions is recovered as speedily as possible. it is for that reason that parliament has enacted the act. 13. the act provides for setting up state financial corporations. the financial corporation is to be managed by a board of directors. that board has to discharge its ..... difficulties experienced by the financial institutions in recovering their dues from the borrowers. in the absence of special provisions like sections 29 and 31 of the act, financial institutions were finding it difficult to freely invest their money in industrial concerns as they were required to adopt lengthy and cumbersome procedure of sale ..... than ordinarily available to a creditor under the ordinary law. when the financial corporation takes action against an industrial concern under section 29(1) of the act, the financial corporation becomes the owner of such concern for the purpose of suits by or against the concern. he also submitted that section 46b overrides .....
Tag this Judgment!