Court : Gujarat
Reported in : AIR1964Guj59; (1963)GLR1033
..... consequential impediment which might fairly be regarded as remote. the distinction between a regulatory legislation as against a prohibitory one was also equally sufficiently brought cut by the privy council by adopting the dictum from yet another case viz., australian national airways proprietary ltd. v. the commonwealth, (1946) 71 clr 29 at p. 61, where' ..... or prevent persons or corporations engaged in the trade or commerce across the state boundaries and that trade and commerce can be regulated unless such regulation is pressed to the point of impairing true freedom of inter-state trade and commerce. a regulatory measure would not collide with the freedom of trade merely because ..... said to be uncontrolled or absolute. in chaturbhai m. patel v. union of india : 1978(2)elt297(sc) , the supreme court while dealing with certain provisions of the central excise and salt act, 1944 held that the tribunal under the: act did not have to function as a quasi-judicial body and that besides, there was .....
Tag this Judgment!Court : Gujarat
Reported in : (2007)1GLR479
..... the procedure laid down by the west bengal government under the provisions of the west bengal college teachers (security of service) act, 1975 and the west bengal college service commission act, 1978 as well as the west bengal college service commission (manner of selection of persons for appointment to the posts of teachers including ..... / ancillary select file.6. according to the petitioners, by virtue of provisions of sections 31, 34 and 35 of the gujarat secondary education act, 1972 (the act) every school is entitled to recruit teachers and head master in accordance with the statutory scheme laid down by the aforesaid provisions. that once the ..... jayrajsinh chauhan, appearing on behalf of the petitioners, has submitted that the following questions of law arise for determination:a. whether the gujarat secondary education act empowers the district education officer to pass order of appointment to surplus teacher to different schools.b. whether any such appointment not made in accordance .....
Tag this Judgment!Court : Gujarat
Reported in : 1990CriLJ1275; (1989)2GLR666(GJ)
..... them within a period of 60 days as contemplated by subsection (2) of section 167 of the new code prior to its amendment by criminal procedure code (amendment) act, 1978 which enlarges the period from 60 to 90 days where the investigation relates to an offence punishable with death, imprisonment for life or imprisonment for a term ..... other words, when the new code came into force the investigation was pending. therefore, the question which arose before the supreme court was whether the appellants could press into service proviso (a) to section 167(2) of the new code and claim to be released on bail as a matter of right when they are ..... state of gujarat was amended by an act called code of criminal procedure (gujarat amendment) act, 1976. this amendment is not relevant for our purpose. thereafter in 1978, the parliament amended section 167 of the new code by the code of criminal procedure (amendment) act, 1978, being indian parliament act no. 45 of 1978, with the object of removing difficulties .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1978Guj162; [1978]112ITR652(Guj)
..... 150: "thus, it is clear that according to several decisions by the highest tribunals in the country, namely, the federal court, the privy council and the supreme court, sections 3 and 4 of the act of 1922 were the charging sections." reference was then made to the decisions of the supreme court in narnikant ambalal mody v. narayan raw, ..... ." i am unable to appreciate how these observations throw any light on the precise question which arises for our determination in the present case. they might be advantageously pressed into service in cases covered by s. 164 where the discretionary trustees have not, in the exercise of their discretion, distributed income amongst the beneficiaries before the year ..... observations in nizam's case, there is nothing in them which concludes the issue in the manner contended. 50. it has been also said that s. 166 cannot be pressed into service in cases covered by s. 164, because, in the first place, on a true interpretation of s. 164. it is not open to the tax .....
Tag this Judgment!Court : Gujarat
Reported in : AIR2008Guj57; 2008GLH(1)386
..... who have obtained recognition as medical practitioners from other states should compulsorily get themselves registered under the gujarat medical council act, 1967 ('gmc act' for short), gujarat medical practitioners act. 1963 ('gmp act' for short) and gujarat homeopathy act, 1967, to practice in the state of gujarat. it is their case that the registration obtained by them ..... as ayurvedic doctors in the state of gujarat. according to them, they have obtained degree to practice as required under the indian medicine central council act, 1970 ('imcc act' for short) and they have also obtained registration certificates issued by the medical institutions/board of the state of bihar and in two cases of ..... to practise allopathic system of medicine.further the question is as it appears in para 16, what is the impact of the indian medical council act, 1956 and imcc act, 1970 on rule 2(ee)(iii) of the drugs rules and the notifications issued thereunder and whether the persons who have qualified the .....
Tag this Judgment!Court : Gujarat
Reported in : (2001)3GLR2649
..... for granting ex parte interim relief to the petitioner except in exceptional cases required under the circumstances and the reasons to be recorded therefor. by constitution 44nd amendment act, 1978, it has been introduced whereby in case ex parte interim order by way of injunction or stay or in any manner has been granted, without furnishing to such ..... listed on 23-1-2001 though the main matter could have been argued as rule on the writ petition has already been issued, but the respondent-applicant is pressing this application for vacatingthe interim relief. the prayer of the applicant-respondent is not sustainable in the eye of law and it deserves to be refused.11. ..... advocate is required to appear in court, by rule 5 under chapter ii of the bar council of india (miscellaneous) rules, all times in prescribed dress and his appearance should always be presentable. under rule 9, an advocate should not act or plead in any manner in which he is himself pecuniarily interested, he is not required .....
Tag this Judgment!Court : Gujarat
Reported in : (2003)3GLR2663
..... required by the constitution is not the personal satisfaction of the governor in the constitutional sense in the cabinet system of government, but is, satisfaction of his council of ministers on whose aid and advice the president or the governor generally exercises all his powers and functions. the decision of any minister or officer under ..... have an urban population of two lacs or more. the court has further held that the provisions of the bihar and orissa municipal act and the bihar municipal corporations act (12 of 1978) having the same purpose and object cannot work in the same field and it may lead to anomalies and absurdities and therefore the ..... chairman of twenty point programme implementation committee and who is prabhari of b.j.p. for junagadh district held a press conference on 13.09.2002 in the circuit house at junagadh informing the press that the state government has already issued a notification constituting junagadh municipal corporation and the elected body would come to an .....
Tag this Judgment!Court : Gujarat
Reported in : 2002ACJ780; (2001)3GLR2528
..... and research the government of gujarat in its different resolutions have revised the pay-scales of teachers of the agriculture university upon the recommendations of the indian council of agricultural research (i.c.a.r.), new delhi, from time to time. accordingly, as lastly, recommended by the i.c.a.r., on ..... road mishap deserves to be rejected, since there is clear and direct evidence. even otherwise, alternatively, the doctrine of 'res ipsa loquitur' can be successfully, pressed into service by the original-claimants. gems of compensatory jurisprudence :31. next, it would take us to the appreciation, examination and analysis of the quantification of ..... of judicial pronouncements. the tribunal is empowered to award interest, apart from the interest act of 1978, under the provisions of section 110-cc of the old act, whereas, under the new act, corresponding provision is incorporated in section 171 of the act. it is, therefore, left to the discretion of the tribunal to award appropriate .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1962Guj88; (1962)0GLR204
..... namely, 'unless exempted therefrom'. this construction is borne out by section 22 (2) (xi) which specifically empowers, amongst other things, the academic council constituted under the act 'to make regulations prescribing the manner for granting exemptions from approved courses of studies in the university or in affiliated colleges for qualifying for degrees, titles ..... valid, a slight transgression upon a rival list, notwithstanding.' this principle was reiterated by the supreme court in chaturbhai v. union of of india : 1978(2)elt297(sc) where kapur, j., delivering the judgment of the supreme court observed:'in every case where the legislative competence of a legislature in regard ..... the petition. we shall now proceed to examine these contentions in the order in which they were pressed. 16. taking up the first contention it is clear that the purpose for which the act was passed as its preamble declares, was decentralization and reorganisation of university education in the province of .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1971Guj188
..... evidence adduced to prove such a custom in another case. as to the admissibility of a judgment not inter partes under section 13 of the indian evidence act, we may refer to the privy council decision given in the case of collector of gorakhpur v. ram sunder mal reported in , kesho prasad singh v. mt. bhagjogna kuer, reported in . ..... settled and, therefore, it is not necessary for us to make any detailed reference to the law on the point. we would, however, cite one bombay and few privy council decisions on this point, without discussing any details. the bombay decision is given in the case of suganchand bhikhamchand v. mangibai gulabchand, reported in ilr (1942) bom 467 ..... is contained in para. 7 of that judgment. it appears that subsequently at the appellant stage, the question as regards the revocability of the adoption was not pressed by the party concerned but that aspect of the case makes no difference because it is found from the pleadings and the judgment of the trial court that the .....
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