Court : Gujarat
Reported in : (1997)1GLR589
..... mandatory injunction has not the effect of arresting election process and as order rejecting nomination papers cannot be a subject-matter of election petition under section 31 of the act, the revision application should be dismissed. in support of his submissions, learned counsel has placed reliance on the decisions in the following cases:(i) lajuben jerambhai bhil ..... the election. the only jurisdiction which can be exercised by a civil court is clearly and specifically marked out in section 31 of the act. as the order passed by the learned civil judge (s.d.) granting mandatory injunction is without jurisdiction, the same deserves to be set aside. for the same reason, the appellate order will have ..... or special law and must be subject to the limitations imposed by it. accordingly, the supreme court held that the election to the office of the president of the municipal board could be challenged only according to the procedure prescribed by persons in accordance with the provisions of that .....
Tag this Judgment!Court : Gujarat
Reported in : (1971)12GLR546
..... by using the expression 'hai, hai'. the procession led by the leaders proceeded in the direction of the bungalow of the mamlatdar. neither the mamlatdar nor laxmanbhai, the president of the taluka panchayat, was present at his residence. some of the processionists are alleged to have thrown stones at the bungalows of the mamlatdar and of some other ..... for offences under sections 147, 447, 336, 337 & 427 of the indian penal code and section 25 of the indian telegraph act read with section 149 of the indian penal code. the learned judicial magistrate, first class, botad who tried the said case, criminal case no. 968 of 1968, acquitted ..... in the stone-throwing occurred at about 11-00 p.m. at about 12 midnight p.w. 15 bhikhabhai kalubhai (the driver of motor truck no. g.t.s. 5729 which had sustained, damage by stone-throwing) lodged the first information report (ex.66). and as a result thereof the petitioners along with 31 others were prosecuted .....
Tag this Judgment!Court : Gujarat
Reported in : (2008)3GLR2215
..... law and after taking into consideration the directions contained in judgment dated 2-9-2006 and, therefore, this court may dismiss the petition.10. the respondent no. 2-president of the gadhada municipality as well as the respondent no. 3 gadhada municipality have filed affidavits-in-reply denying the averments made in the petition. in the reply ..... challenging the order dated 29-1-2007 (annexure 'a' to the petition) passed by the state government, granting approval under section 65(2) of the gujarat municipalities act, 1963 ('the act' for short) for sale of land admeasuring 1890.74 sq.mts. in favour of the respondent no. 4-trust, at the rate of rs. 912/- per sq ..... the sale of the property in question has been effected without discontinuing or closing the streets under the provisions of section 146 of the act, which could not have been done. according to mr. s.b. vakil, the contention to the effect that the land belongs to the district panchayat and not to the municipality could also have .....
Tag this Judgment!Court : Gujarat
Reported in : (2006)1GLR680
..... and not in favour of the widow is totally untenable. it is a well settled principle of law that the pension is a right and not a bounty. this position has been expounded by the supreme court in : (1983)illj104sc d.s. nakara v. union of india. the relevant portion of which is quoted herein-below:-31. from the discussion ..... . in the present case the petitioners have violated the rule of audi alteram partem and, under the garb of rectification of a mistake by reviewing an administrative order, have acted arbitrarily and unjustly, and therefore, this action of withdrawing the benefit of compassionate allowance to the respondent is vitiated and is bad in law. it is not a clerical ..... . duke of norfolk:the requirements of natural justice must depend on the circumstances of the case, the nature of the inquiry, the rules under which the tribunal is acting, the subject-matter that is being dealt with and so forth.2.while it is true that over the years there has been a steady refinement as regards this .....
Tag this Judgment!Court : Gujarat
Reported in : [2002(94)FLR164]; (2001)3GLR2231
..... petitioner has filed this petition under arts. 226 and 227 of the constitution of india challenging the judgment and award dated 20th may, 1999, passed by the learned presiding officer, labour court, junagadh in reference (l.c.j.) no. 8 of 1995 whereby the learned judge has set aside the order of dismissal of the respondent-amirkhan ..... fact that punishment imposed upon the petitioner-workman was disproportionate to the guilt proved which is condition precedent for exercising discretion under section 11-a of the act. the only ground which weighed with the tribunal in ordering reinstatement is that with the current increase in cost of living and chances of not getting any ..... the learned single judge has observed as under :'therefore, if viewed from the seriousness to which this court in its decision referred to above in jamnadas becharbhai's case (supra) about the misconduct proved in the present case and fact of consistent past bad record on that account and there being nothing on record to .....
Tag this Judgment!Court : Gujarat
Reported in : [2006]72SCL348(Guj)
..... /secured debts. in normal circumstances it may include the debts payable to the workmen but it is on account of the express provisions under section 529a of the act the workmen's dues are treated at par with the dues of the secured creditors. therefore, the language priority to all other debts cannot be said to be inclusive of the ..... fund] (in so far as it relates to exempted employees), under the rules of [the provident fund or any insurance fund], [any contribution payable by him towards the [pension] fund under sub-section (6) of section 17] damages recoverable under section 14b or any charges payable by him to the appropriate government under any provision of this ..... -up is made, be deemed to be included among the debts which under section 49 of the presidency-towns insolvency act, 1909 (3 of 1909), or under section 61 of the provincial insolvency act, 1920 (5 of 1920), or under (section 530 of the companies act, 1956 (1 of 1956)] are to be paid in priority to all other debts in the .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1969Guj292
..... must be found in some provision of the ' statute. no such right inheres in an elector apart from the statute, mr. s. k. zaveri relied on section 81 of the representation of the people act, 1951, for the purpose of showing that any elector can file an election petition contesting the validity of an election and urged ..... that this provision clearly recognized the validity of the general principle enunciated by him. but this is futile, section 81 far from supporting the proposition of mr. s. k. zaveri, ..... tax and wealth-tax by the income-tax and wealth-tax officer in surendranagar and his place of assessment for the purpose of income-tax act, wealth-tax act, expenditure-tax act and gift-tax act was wadhwan; the petitioner also paid income-tax, gift-tax, wealth-tax and expendilure-tax at wadhwan the birthday ceremonies of the petitioner .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1963Guj259; 1963CriLJ502; (1963)GLR209
..... respondent, who is the police commissioner of ahmedabad.the challenge is on the same grounds. the petitioner also challenges the act of the third respondent, by which the latter seized a microphone from petitioner's possession.2. a party bearing the name of 'ahmedabad. janata samiti' was formed to contest the municipal elections which ..... were to be held at ahmedabad in march 1961. the 'samiti' put up 45 cor.didates at the election. the petitioner, who was the elected president of this 'samiti', wrote ..... drop the criminal proceedings aforesaid and for restraining him from entertaining future or further proceedings on similar grounds.3. the impugned part of section 33 of the act is as follows:'33. (1): the commissioner and the districtmagistrate, in areas under their respective chargesor any part thereof, may make, alter or rescindrules or .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1967Guj62; (1966)GLR753
..... as already indicated by us, we do not propose to decide as to whether those four persons were or were not agents of lalsing for the purposes of s. 123 of the act.(20) but mr. patwari makes another submission. he contends that the standard of proof which their lordships have indicated in the aforesaid case applies only to the ..... context of the other paragraphs.(11) then the next question for consideration is as to whether the impugned passage comes within the mischief of sub-section (3) of s. 123 of the act. in our judgment, the tribunal was right in arriving at the conclusion that the passage does not fall within its mischief. mr. patwari contends that the impugned passage ..... the aforesaid election and was a direct attempt on the part of maharaj to do so. in that view of the matter, the corrupt practice mentioned in s. 123(2) of the act was committed and a finding to that effect must be recorded in favour of thekdi. in view of the aforesaid conclusion, it must also be necessarily follow .....
Tag this Judgment!Court : Gujarat
Reported in : [2009(121)FLR1015]; (2009)1GLR834; (2009)IVLLJ198Guj
..... additional remuneration, if any (paid at intervals nor exceeding two months) but does not include:(a) any contribution paid by the employer to any pension fund or provident fund, or under this act;(b) any travelling allowances or the value of any travelling concession;(c) any sum paid to the person employed to defray special expenses entailed on ..... is as under:4(a) in light of the facts of present case and in view of statutory provisions contained in section 2(9) of the e.s.i. act, whether e.s.i. court is right and justified in interpreting 'or' as 'and' and excluding the workers appointed through standing order as an apprentice and whether the ..... to section 2(9) employee, it is made clear that both kind of apprentices are excluded from definition of employee under section 2(9) of e.s.i. act, one under apprentice act or under standing order of establishment. the facts of this case are related to only apprentices engaged under standing orders of establishment. therefore, submission made by .....
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