Court : Gujarat
Reported in : AIR1962Guj88; (1962)0GLR204
..... amin's contention for apart from using the words 'the said declaration' meaning thereby that the declaration was the test and, not act liii of 1948 which contained the declaration, the supreme court wound up the paragraph by stating;'in such a case the test must be whether the legislative declaration covers ..... but to deprive them of this right except upon terms tantamount to surrender of their constitutional right of administration of educational institutions of their choice is in truth and in substance to deprive them of their right ..... 1951 include,, in entry 63 of list i the vishva bharati university as that institution has been declared by that act to be an institution of national importance and, therefore falling in entry 63 of list i- -the result is that universities other than these four universities fall in entry 11 of list ii until any further institutions declared by parliament to be of national importance similarly institutions for scientific or technical education financed by the government of india and declared by parliament by law to be of national importance fall in entry 64 of ..... the constitution also excluded from the competence of the state legislature institutions for scientific or technical education financed by the government of india, wholly or in part, and declared by parliament by law to be institutions of national importance as also union agencies and institutions for professional, vocational or technical training, including the training of police officers or .....
Tag this Judgment!Court : Gujarat
Reported in : [2002]110CompCas539(Guj); (2002)2GLR1182
..... i do not find any merits in the say of the applicants that the ex-parte order passed by this court needs to be recalled.11.2 so far as the role of this court in proceedings under section 391(1) of the act is concerned, in special reference to class point raised by the applicant-banks, i have considered the observations made by various courts in number of decisions brought to the notice of this court including three decisions in the cases of ..... in re english, scottish and australian chartered bank at 392, justice vaughan williams observed thus :i do not think that any one who has followed the subsequent decisions -whether under the companies act or the bankruptcy acts - will hesitate to say that the tendency of late has been rather to favour the power of the majority of creditors to impose their will upon the minority and to construe the ..... only) in favour of he gujarat board for industrial and finance reconstruction for meeting with the administrative costs of the g.b.i.f.r. ..... it may deem fit, for considering, monitoring and reviewing the rehabilitation scheme from time to time and in any case the g.b.i.f.r. ..... 2-company, reporting about progress of the rehabilitation scheme and recommending whether to extend or curtail the period of operation ..... was required to propose a rehabilitation scheme with a view to comply with the order passed ..... (i) with a proposed rehabilitation scheme that envisages repayment of loans and interest to the petitioners as well as other ..... that rehabilitation scheme .....
Tag this Judgment!Court : Gujarat
Reported in : (2001)1GLR547
..... pointed out that under the provisions of the state enactments, the public authorities are empowered to remove encroachments on public land, for the purpose of fulfilling the objects of those enactments, namely to regulate the municipal administration in cities, to make planned and systematic development of urban areas and to protect the public properties and lands for public use. ..... the contention advanced on behalf of the hutment dwellers is that the provisions of the state enactments, such as the bombay provincial municipal corporations act, the gujarat town planning and urban development act and the bombay land revenue code and such other laws, conferring powers on the public authorities to remove encroachments for their various developmental activities and to protect the public properties, must be interpreted ..... the circumstances, the state shall identify and earmark certain lands acquired under the land ceiling act and frame a uniform policy to allot them in accordance therewith to the hutment dwellers represented in this batch of petitions before us and also others who are required to be rehabilitated. ..... in paragraph 24 of the judgment, it was pointed out that : 'the urban land (ceiling and regulation) act, 1976 has failed to achieve its object as is evident from the fact that in bombay, 5% of the land-holders own 55% of ..... declaration of human rights as adopted by general assembly of the united nations on 10-12-1948 enunciate right to housing as a basic right under article 25. .....
Tag this Judgment!Court : Gujarat
Reported in : (2004)2GLR568; (2004)IIILLJ259Guj
..... 107) clr 208, at page 249], that, it would not be inconsistent (with the decision in that case) for the commissioner to exclude officers 'not in fact concerned with anything but bare administrative service to the state unconnected with any kind of construction work or with any other matter which might be regarded as providing a sufficient connection with operations that might be described as industrial within the ..... which may be sovereign functions that are primary and inalienable constitutional functions or even socio-economic and welfare activities which are not undertaken for production or distribution of goods and services, besides other bare administrative functions.26.3 we, therefore, hold that the entire forest department of the state government, having regard to the subjects allotted to it, under the rules of business of government of gujarat, as now existing ..... the exercise of sovereign functions usually manifests itself in the form of an act of administration, an exception to this is purely a fiscal or economic activity of the state in the sphere of the private law.25.5 a department of the government though by itself is not industrial establishment or undertaking, may however, carry ..... with rehabilitation ..... the budget and finance statement issued by the said department indicated that they derived income from the sale of honey and ..... even the finance department issued a circular dated 30th september 1995, as per annexure 'i' to the reply stating that the benefit of the said resolution .....
Tag this Judgment!Court : Gujarat
Reported in : (2005)2GLR1142
..... learned counsel further submitted that assuming without admitting that such was the policy decision, a policy decision can always be changed as per the administrative contingencies and exigencies.termination/disembodiment:10.12 the learned counsel further submitted that in context of the facts of the present case, the terms 'termination' and ' ..... amounts treating unequals equally and violation of articles 14 and 16 of the constitution of india.7.2 it is the case of the petitioners that though the petitioners are appointed under the provisions of bombay home guards act, 1947 and the bombay home guards rules, 1953, really they are governed by the government of india scheme dated 29.6.1979 for all border states in india namely; gujarat, rajasthan, west bengal, tripura ..... with law and order situation because of riots, disturbed situation in some parts of the country because of territorist activities, riots as an aftermath of demolition of babri masjid, rescue, relief and rehabilitation and security of property as an aftermath of kutch earthquake and cyclone and communal riots in certain parts of the state of gujarat. ..... bar, if any, stands hereby waived.30.5 as the judgement is delivered on the basic principles of justice and equality as enshrined in the constitution of india, the secretaries of home department and finance department, both of the state of gujarat as well as union of india are directed to implement this order/judgement within four months from date of receipt of the writ. .....
Tag this Judgment!Court : Gujarat
Reported in : (2002)3GLR447
..... in paragraph 92 of the order, the learned counsel submitted that, providing of such distance was a matter which was to be dealt with under the provisions of the town planning act under which the process involved taking into consideration the objections and formulation of regulations to provide for distances which are required to' be maintained from the pond and actual constructions. ..... acquisition of the new works necessary for a sufficient supply of water for public and private purposes', under section 63(1)((20) of the bombay provincial municipal corporations act, 1949 and has discretion to provide for protection of the environment and promotion of ecological aspects, urban planning including town planning and regulation of land use, under sub-sees. ..... the help of police personnel, the encroachments were removed and the slum clearance board was informed on 19th december, 1980 for rehabilitation of the encroachers, but the encroachers were not ready to shift to the proposed site. ..... environment and as such, a balance has to be found out and administrative action ought, to proceed in accordance therewith and not de hors the ..... (i) glh 757 was cited to point out that, it was held that since the scheme sanctioned has force of law under section 65(3) of the gujarat town planning act, even the government as owner was estopped from raising any dispute as regards the redistribution since by virtue of section 67, all lands vested in the authority. ..... the gujarat municipal finance board had also .....
Tag this Judgment!Court : Gujarat
Reported in : (2001)2GLR964
..... from the study and analysis of various cases which have been cited before us on behalf of both the sides as discussed above, the following principles are clearly deducible :(i) in the case of administration of justice, the adaptability and flexibility is to be taken as the virtue of the law and apply the law accordingly depending upon situation. ..... the supreme court referred to the concept of social justice as the yardstick to the administration of justice or the legal justice and observedthat as rescopound pointed out that the greatest virtue of law is in its adaptability and flexibility and thus it would be otherwise an obligation for the law courts also to apply the ..... (supra-vii), while considering the question of judicial review of administrative action, the use of proportionality in administrative law in england and india has been summarised under para 28. ..... the court would not interfere with the administrator's decision unless it was illegal or suffered from procedural impropriety or was irrational in the sense that it was in outrageous defiance of logic or moral standards.in the case of raunaq international ltd ..... accordingly, the validity of any administrative order or statutory discretion is normally to be applied by wednesbury test to find out if the decision was illegal or suffered from procedural improprieties or was one which no sensible decision-maker could, on the material before him and ..... the indian independence (adaptation of central acts and ordinances) order, 1948. 6. .....
Tag this Judgment!Court : Gujarat
Reported in : [1964]54ITR241(Guj)
..... the learned advocate-general contended that the trustees, under the powers reserved to them under this clause may take over the management or administration of any trust or institution having objects which may be allied to the objects of the present trust deeds, but though the objects may be allied, they may not necessarily be for charitable purpose, and in that event ..... though the discretion granted to the trustees in clause 12 is also unlimited and absolute, it is clear that they cannot take over the management, administration or superintendence of any trust or institution which does not have objects which are akin to those of the present trusts and though, therefore, the discretion conferred upon the trusts apparently appears to absolute and unlimited, it is ..... commissioner set aside the order of the income-tax officer and held that the trust were entitled to exemption under section 4(3)(i) and granted exemption in conformity with the restrictions imposed by the amendment to the act by the income-tax (amendment) act, 1953, which was brought into effect from the 1st of april, 1952, and also by the finance act of 1955, which came into force as from the 1st of april 1955. ..... the years of assessment in respect of the trust of kaira properties are 1949-50 to 1958-59, the corresponding accounting periods being the years ending december 31, 1948, to december 31, 1950, and the years ending march 31, 1952, to march 31, 1958. .....
Tag this Judgment!Court : Gujarat
Reported in : (2000)3GLR2505
..... 17 of the tax rules; but that in our opinion would not conclude the matter, for if the government had the power to make amendments under act 1 of 1948, the amendments in the rules could be justified under that power in spite of the wrong words used in the opening part of the notification of december 28, ..... the change of zone in accordance with law, if persons are permitted to use the property for the purpose other than for which permission is granted considering the zone, it means to allow the persons to act in violation of the rules and the laws made by the state government, and we are sure that the state government would not like to see that the people are permitted to commit breach of the law ..... 'sec.117- effect of other laws.notwithstanding anything contained in any other law for the time being in force-(a) when permission for development in respect of any land has been obtained under this act, such development shall not be deemed to be unlawfully undertaken or carried out by reason only of the fact that permission, approval or sanction required under such other law for such development has not been obtained ..... deliberately ignoring or disregarding the decisions or directions by the superior courts, administration of justice suffers and the rule of law is undermined. ..... power to impose taxes by, and funds of, the municipalities finance commission, audit of accounts of municipalities, elections to the municipalities, committee for district planning, committee for metropolitan planning .....
Tag this Judgment!Court : Gujarat
Reported in : [1977]109ITR177(Guj)
..... to suggest the action which in the opinion of the commission should be taken to act as a preventive in future cases and also to suggest measures which in the opinion of the commission are necessary in order to ensure in the future that due and proper administration of the funds and assets of the companies and firms in the interest of investing public ..... to bring out the width and amplitude of the power by contrast, it may be pointed out that while our company law follows almost to a word corresponding provisions of the english companies act, the latter act does not contain the provision in pari materia with section 392(1)(b) and, therefore, in order to mitigate any difficulty arising out of a suggestion that may be made while the scheme is being examined by ..... the vivian bose commission was appointed to inquire into and report on the administration of certain companies controlled by shri ramkrishna dalmia and shantiprasad jain and two others and especially about the irregularities, fraud or breaches of trust or action in disregard of honest commercial practices, contravention of any ..... by section 50(1) of the finance act, 1938, it was provided that section 42 of the finance act, 1930, shall not apply unless it is shown to the satisfaction of the commissioners of inland revenue that the instrument was not executed in pursuance of or in connection with an arrangement whereunder certain ..... jesingbhai [1948] 50 bom lr 544, wherein it was held that it is an expression of wide connotation .....
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