Court : Gujarat
Reported in : (2005)3GLR2515
..... law.12.4 the learned advocate further submitted that the petitioner corporation has relied upon the judgment of the hon'ble apex court in the case of municipal council, hatta v. bhagatsingh and ors. (supra). as against that the learned advocate for the respondent has relied upon the case of airfreight ltd. v. state ..... pump operators were originally government servants and then treated as the permanent employees of the district panchayat. thereafter, the state government issued notification dated 8.6.1978 issued by secretary, government of gujarat, public works department, and the workers of tubewells so far as it pertains to operation and maintenance was transferred to ..... the dispute referred to it may be between workman and his employer, as defined under the act. the tribunal, therefore, has acted beyond its jurisdiction in substituting the pay-scale of rs.290-480 of the employees of the government press, rajkot, which was prescribed under the gujarat civil services (r.o.p.) rules, 1975 .....
Tag this Judgment!Court : Gujarat
Reported in : IV(2006)ACC345; 2006ACJ2019; AIR2006Guj120; (2006)2GLR1257
..... tried accordingly. however, claim under section 140 is triable summarily and expeditiously without requiring the victim to establish death or permanent disability due to any wrongful act, neglect or default or the owner of the vehicle concerned or of any other person. compensation awarded under this provision is being awarded under no ..... rules, 1989 contains adequate provisions which would enable the claims tribunal to satisfy itself in respect of matters necessary for awarding compensation under section 140 of the act. sub-rule (9) of rule 231 provides that the claims tribunal shall proceed with the application for compensation, on the basis of -(i) first ..... legislature has specifically provided scheme of adjustment of compensation under section 140 read with section 141 and section 162 if the claimants get compensation under the act, while there is no such provisions under section 163a. addition or introduction of such scheme in provisions would be impermissible.use of different words such .....
Tag this Judgment!Court : Gujarat
Reported in : (2002)3GLR92
..... declared to be void or nullity by a competent body or court. in smith v. east elloe rural district council, 1956 ac 736-769, lord radcliffe observed: 'an order even if not made in good faith is still an act capable of legal consequences. it bears no brand of invalidity upon its forehead. unless the necessary proceedings are taken ..... in the year 1984 but as such no decision has been produced before this court in respect of the application submitted by the respondents in the year 1978 under section 20 of the act, 1976. he also submitted that the order passed by the tribunal on 30th january, 1999 and thereafter, the urban land [ceiling and regulation ..... moreover, the respondents have not produced any documentary evidence as exemption application under section 20 of the act in respect of the land in question. mr.b.s.patel, learned advocate has submitted that the respondents had filed application in the year 1978 but as such, no copy of the application has been placed on record by the respondents. .....
Tag this Judgment!Court : Gujarat
Reported in : (2009)3GLR2167
..... legislative assembly of the state of bihar as unconstitutional. however, despite the unconstitutionality of the impugned proclamation, since fresh elections were already notified, and as per press note dated 3-9-2005 issued by the election commission of india, the schedule for general elections for legislative assembly of bihar was announced and elections were to ..... was also placed upon the decision of the supreme court in the case of mohinder singh gill and anr. v. chief election commissioner, new delhi : air 1978 sc 851, for the proposition that when a statutory functionary makes an order based on certain grounds, its validity must be judged by the reasons so mentioned and ..... to show cause why they should not be removed from the office of sarpanch and members of the gram panchayat under section 57(1) of the act for the acts of commission and omission, more particularly for granting building permission in a number of cases in collusion with owners of the lands concerned, which resulted into .....
Tag this Judgment!Court : Gujarat
Reported in : (2006)2GLR1615
..... lord russel c.j., pointed out the characteristics of a bye-law made by a public body such as a country council under the local government act, 1888. he described a bye-law made by a county council prohibiting any person from playing music or singing in any public place as an ordinance affecting the public, or some portion ..... import. the inbuilt check which was prescribed in the original section 160 was required to be removed because according to the state government the state co-operative council could not be constituted on account of political changes or president's rules or its permission could not be obtained within reasonable time. this is to say ..... old section 160 as pleaded by the state government. the old section insofar as it provided an obligation of obtaining prior approval of the state co-operative council was a very healthy and a necessary safeguard against the power of the registrar of issuing directions becoming too arbitrary and subjective. the additional ground for exercise .....
Tag this Judgment!Court : Gujarat
Reported in : [1995]95CompCas663(Guj)
..... of india reads as under 'no person shall be deprived of his property save by authority of law.' 82. this article was inserted by the constitution (44th amendment) act, 1978, with effect from june 20, 1979. a brief look at the background of insertion of this article will be apposite. the right to property at the inception of the ..... been held to be deprivation of property to be governed by article 300a. 125. learned counsel for the respondent placed reliance in this connection on the decisions in the district council of the jowai autonomous district v. dwet singh rymbai, : [1987]169itr468(sc) , and in khargram panchayat samiti v. state of west bengal 0065/1987 : [1987]2scr1207 ..... immediately by a hearing for the purpose of sustaining or setting aside the action to the extent feasible. it is quite on the cards that the election commission if pressed by circumstances, may give a short hearing. in any view, it is not easy to appreciate whether before further steps got under way he could not have .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1962Guj128; (1962)0GLR269
..... jurisdiction with the court of appeal even though the court of appeal in chancery had ceased to exist by reason of the supreme court of judicature act, 1873 the judicial committee of the privy council in an appeal from the supreme court of new brunswick also regarded the decision of the court of exchequer chamber in merchant shipping co. v. ..... court co-ordinate in jurisdiction with the high court of bombay prior to the appointed day. but this, it is conceded, is not the position and even the contention pressed for our acceptance does not go so far. it is not disputed before us that this high, court cannot be regarded as a court co-ordinate in jurisdiction with ..... as he then was, again speaking on behalf of the full bench, expressed our difficulty in accepting this contention in the following terms:'we turn to the second argument pressed for our acceptance by the learned advocate-general. it is said that this high court is in a real sense an off-spring of the pre-reorganisation high court of .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1986Guj209; (1986)1GLR1
..... by adding new clause 5 to the said article, was restored in the article by.constitution (44th amendment) act. at the time when this court decided s. r. paters case : (1978)19glr751 (supra), the word 'tribunal' had stood deleted from art. 227 and consequently, the court had to make the exercise of culling out judicial ..... and-the nature of judicial power exercised by them.32. before closing discussion on this aspect, we also refer to two decisions of the supreme court. in vishwarnitra press v. workers of vishwamitra press : (1953)illj184sc , bhagwati, j. speaking for the supreme court held : -'the industrial tribunal is a court within the meaning of s. 10, u. ..... the proceedings. chapter 9 deals with joint committees of employees and registered union for the industry for the local area. chapter 9a deals with joint management councils. chapter 10 deals with conciliation proceedings. chapter 11 deals with arbitration and then comes chapter 12 which deals with labour courts. s. 77 lays down .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1989Guj81; (1988)1GLR209
..... does not mean that the board cannot dispose of buildings pursuant to the directions issued by the state government under s. 82 of the act. section 49 can be pressed in service by the board in cases where in the absence of any -such direction by the state government and in the absence of concerned buildings being placed in any ..... be said to be an arbitrary choice. the supreme court bench heavily relied upon the earlier decision of the supreme court in the case in re the special courts bill, 1978 air 1979 sc 478 wherein the then learned chief justice had laid down the following principles to judge the validity of the impugned provisions under art. 14 of the constitution ..... . therefore, a large latitude is allowed to the states for classification upon any reasonable basis. see also in this connection the observations of this court in the special courts bill 1978 (19794 2 scr 476 : (air 1979 sc 478), where chandrachud, c.j. speaking for the court at page s 534 to 537 (of scr : (at p. 510 of air) .....
Tag this Judgment!Court : Gujarat
Reported in : [1992]85STC258(Guj)
..... to pay any tax under section 4(1) read with section 2(g), second proviso. in this connection, reliance was placed on the decision reported in (governor-general in council v. province of madras) and [1942] 1 stc 104 (fc): air 1942 fc 33 (province of madras v. boddu paidanna & sons). we may also refer to ..... enact the provision comes up, merely because the delegate has framed a rule in exercise of its delegated legislative function under the act and which rule may be part of the act, the rule cannot be pressed in service to denude legislative competence of the parent legislature to enact statutory provision, if even otherwise, it is within its competence ..... reliance was placed in this connection in ganga sugar corporation ltd. v. state of uttar pradesh : [1980]1scr769 and also on state of karnataka v. ranganathan reddy : [1978]1scr641 . 37. replying to mr. kaji's contentions, the learned advocate-general submitted that rule 42e cannot be read to nullify section 15b. that levy is under section 15b .....
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