Court : Gujarat
Reported in : (2006)2GLR1580
..... laid down by another constitution bench in firm of illuris chetty :-. non-compliance with the provisions of the statute, to which reference is made by the privy council (in mask & co. case must, we think, be non-compliance with such fundamental provisions of the statute as would make the entire proceedings before the ..... regulatory commissionno. gerc/tech-i/227/2005 14th december, 2005notificationin exercise of the powers conferred under section 181(2)(x) read with section 50 of the electricity act, 2003 (act 36 of 2003) and order no. s.o. 790(e) dt. 8th june, 2005 of the minister of power, government of india, the gujarat electricity ..... payment thereof, restoration of supply of electricity, tampering, distress or damage to electrical plant, electric lines or meter, entry of distribution licensee or any person acting on his behalf for disconnecting supply and removing the meter, entry for replacing, altering or maintained electric lines or electrical plant or meter;and whereas the distribution .....
Tag this Judgment!Court : Gujarat
Reported in : (1978)0GLR636; [1978]112ITR156(Guj)
..... and unfortunately the respondent, tax recovery officer completely overlooked the same and proceeded on such extraneous ground of a decision under the estate duty act. the learned government pleader rightly did not press in aid that decision in bharatkumar manilal dalal v. controller of estate duty : [1975]99itr179(guj) by the division bench consisting of ..... not provide for appellate remedy against such order which is made conclusive under rule 11(6), there is no specific alternative remedy fir direct attack in the act or under these rules enacted in schedule ii in question. the learned government pleader argued that rule 11(6) contemplates a civil suit as an alternative ..... the principles which had been laid down by this court in bharatkumar manilal dalal's case : [1975]99itr179(guj) in the context of the estate duty act in respect of policy moneys on personal accident policies. the petitioners have challenged this decision as ultra vires and violative of their fundamental rights. although no .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1984Guj49; (1984)1GLR691
..... provisions continued in sub-secs. (z and (4) of s. 56 which took away the power of taking disciplinary action from the governing body and the management council and conferring it on the university. in that context hidayatullah, c. j. observed as under in paras 9 and 10 :'9. the next part of the right ..... undertaking that the conditions of service of the teachers shall be as specified in schedule 'f' as amended by the gujarat primary education (gujarat amendment) rules, 1978, it impairs and thus infringes substantially the right of the religious minorities to establish and administer educational institutions of their choice as enshrined in art. 30 of ..... high school's case (air 1980 sc 1042) (supra) were contained in different section viz. see. 3 (?) of the andhra pradesh recognized.private educational institutions control act, 1975, which related to suspension in contemplation of an inquiry and duration thereof; s, 4 providing for an appeal against the order of punishment imposed on teachers; s .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1981Guj1; (1980)GLR838(GJ)
..... of the contents of the rules. the point referred to us, and therefore point no. i formulated at the time when second appeal no. 110 of 1978 was admitted, must be decided in favour of the appellant municipal corporation and against the respondents in the sense that the answer must be that the provisions of ..... of that paragraph which deal with controversies regarding the advisability of government owned transport service as against private operators.10. in sunil batra v. delhi administration, air 1978 sc 1675. krishna iyer j. speaking for the supreme court has observed in paragraph 38 at page 1686:'constitutional deference to the legislature and the democratic assumption ..... 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 693 and also the decision of the supreme court in pioneer motors v. nager coil municipal council, air 1967 sc 684, .....
Tag this Judgment!Court : Gujarat
Reported in : (2003)2GLR1558
..... the reservation made in respect of one of the wards on the ground that the local government had failed to discharge its statutory obligation of consulting the municipal council, justice k. subba rao, who then adorned the bench of the madras high court, observed : 'the word 'consult' implies a conference of two or ..... void, unless such transfer is made in favour of person, who is a member of scheduled tribe or a society. andhra pradesh co-operative societies act, 1964 (act 7 of 1964) which is composed solely of members of the scheduled tribes.'he has further contended that the prohibition imposed on transfer of immovable property ..... taluka panchayat to be consulted before acquisition of land and rehabilitation of persons affected. taluka panchayat shall be consulted, - (a) before acquiring under the land acquisition act, 1894 any land situate in the taluka for any development project;(b) before resettling or rehabilitating persons affected by such project.'the question before us is whether .....
Tag this Judgment!Court : Gujarat
Reported in : (2005)2GLR1142
..... 8 learned counsel for the respondent first relied upon the judgment of the apex court in the case of century spinning & and anr. v. the ulhasnagar municipal council and anr. reported in air 1971 sc 1021 particularly para 13 on page 1025 where the apex court has held that merely because a question of fact is ..... reading, writing and expressing oneself in diverse forms, freely moving about and mixing and commingling with fellow human beings.27.3 that since maneka gandhi's case (air 1978 sc 597), article 21 has been given extended meaning.... has been liberally interpreted so as to mean something more than survival and mere existence or in that ... ..... contention has been noted by the union of india namely the petitioners have been members of a voluntary organisation. they were recruited under the state home guards act by the state machinery. master and servant relationship of the petitioners existed only with the state government. the central government was liable to bear the financial liability .....
Tag this Judgment!Court : Gujarat
Reported in : 1978(2)ELT540(Guj); (1975)GLR1083
..... asserted that for purposes of coating or impregnating any cotton fabric what is required is the adoption of one of the following three methods :1. extrusion and roller pressing,2. the use of doctor knife.3. calendering process.as a result of either of those three processes, the cellulose derivatives or plastic material completely inter-mixes ..... authorities under the central excise act, as it pertains to a question of more classification, because on the plain reading of the two entries, we cannot agree with mr. vakharia that the product ..... policy of this court on the principle of comity of judicial decisions, in matters of income-tax, cannot be extended to the matters falling under excise and customs acts.6. we are afraid we cannot accept the contention of mr. vakharia, that the question urged in this petition is one within the exclusive jurisdiction of the .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1985Guj68
..... natural justice'. what are civil consequences' the question was posed and answered by this court in mohinder singh gill v. the chief election commr, new delhi (1978) 2 scr 272 : air 1978 sc 851 '.krishna lyer, j's observations in this connection in the aforesaid decision were extracted in the said para of the report as under :--'but what ..... as seen above, the disputed structure is within the limits of gandhidham town in kutch district. in the year 1957, the then bombay legislature enacted the said gandhidham act. the said act was to provide for development of gandhidham, for the control on erection of buildings therein and for certain other matters. it extended to the whole of gandhidham in ..... scr 272 . air 1978 sc 851. where it was observed : --'we have been told that wherever the parliament has intended a hearing it has said so in the act and the rules and inferentially where it has not specified it is otiose. there is no such sequitur. the silence of a statute has no exclusionary effect .....
Tag this Judgment!Court : Gujarat
Reported in : (2008)1GLR346
..... has committed offences punishable under sections 121a, 122 and 123 i.p.c.28. so far as the offences committed by the accused under other acts, such as, arms act, foreigners act, explosive substances act, indian passport rules, 1959 (entry into india), paragraph 3 of the criminal law amendment, 1961, paragraph 3 of the indian foreigners (report ..... court has examined the entire evidence on record for itself independently of the trial court and examined arguments advanced on behalf of the accused and infirmities pressed, scrupulously with a view to find out as to whether it was the accused and none else who has committed the offences as alleged against him ..... the government of india and criminal conspiracy under sections 121 and 120b i.p.c. he is also charged with the offences punishable under the arms act, foreigners act, explosive substances act, 1908, indian passport rules, 1959 (entry into india), paragraph 3 of the criminal law amendment, 1961, paragraph 3 of the indian foreigners (report .....
Tag this Judgment!Court : Gujarat
Reported in : 1982(10)ELT203(Guj)
..... -wharf basis and that in any case place of imporation would not extend beyond the limits of the port. it was in that context that the privy council made the aforesaid observation. we have, therefore, no hesitation in reaching the conclusion that the inclusion of landing charges in the assessable value cannot be regarded ..... company which is engaged in the business of manufacture of manmade fabrics. the company has been importing nylon and polyster yarn from foreign countries since may 1978. from may 3, 1978, till july 18, 1980 the petitioner company has imported nylon yarn and polyester yarn from foreign countries on as many as 231 occasions. in making ..... are ordinarily sold or offered for sale at bombay port on 1st january, 1980. but the petitioner contends that having regard to the provisions of the customs act of 1962 the place of importation would have a different connotation. it is contended that importation in india means importation in indian territorial weters. therefore, the taxable .....
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