Judgment Search Results Home > Cases Phrase: sashastra seema bal act 2007 section 152 effect of suspension and remission of sentence on dismissal Court: gujarat

Gujarat Rajya Dairy Karmacharisabha Vs. Managing Director

Court : Gujarat

Reported in : (2001)4GLR3492

..... , submitted that though gujarat dairy development corporation is a corporation of the government but ultimately it is a company incorporated under the provisions of the companies act and it has a different and distinct identity and the corporation can frame its own rules and regulations. the policy of the government does not bind ..... 7.99 the said option is taken away.4.2 the learned counsels for the petitioner further submitted that the government and the government corporation has acted differently with the different corporations. the learned counsels have submitted that about 106 employees of gcel were absorbed who were declared surplus somewhere on 29.12 ..... the said section, the municipal commissioner should consider the question arising before him in a judicial spirit. in exercising the power, the municipal commissioner must act justly and fairly and not arbitrarily or capriciously; he must exercise the power in consonance with principles of natural justice. we are also of the opinion .....

Bhatt Indravadan Nathalal Vs. State of Gujarat

Court : Gujarat

Reported in : (2004)2GLR1365

..... of public streets, laying of public streets, widening of public streets etc. are within exclusive jurisdiction of local authority under the provisions of gujarat municipalities act. he has, therefore, submitted that the local authority has to first apply its mind and come to the conclusion that the widening of public street ..... ambalal purshottam etc. v/s. ahmedabad municipal corporation and others, air 1968 s.c. 1223 wherein while considering the provisions contained in bombay municipal boroughs act, 1925, the court has taken the view that the municipality had the power to acquire land needed for municipal purposes including widening, opening, enlarging or ..... conflict between the state government and the municipality and conflicting situation may arise while taking recourse to the provisions contained in land acquisition act and/or gujarat municipalities act, the later should give way to the former on the basis of constitutional provisions contained in article 254 wherein it is stated that .....

Gujarat Water Resources Development Corporation Ltd. Vs. Gujarat Jal S ...

Court : Gujarat

Reported in : (2005)3GLR2515

..... under:'there is also an amendment to section 14 by addition of sub-section (1-a) under the minimum wages (madhya pradesh amendment and validation) act, 1961 being act 23 of 1961. sub-section (1-a) which is inserted in section 14 entitles the state government by notification to fix the limit for overtime ..... state government servants, are employed in schedule employment under the local authorities or authorities and are consequently entitled to minimum wages and other benefits under the act.'12. the learned advocate of the petitioner's rejoinder against the submissions of learned advocate for the respondent mr. amin.12.1 the learned advocate for ..... on wholly illegal and errorneous approach. the tribunal was under complete misconception of law and facts. the tribunal has wrongly applied the provisions of minimum wages act, rules and notification issued therein. the tribunal has not properly appreciated the oral and documentary evidence on record. the tribunal ignored the well-settled principles .....

Gujarat Steel Tube Employees Union and anr. Vs. O.L. of Gujarat Steel ...

Court : Gujarat

Reported in : [2006]131CompCas410(Guj); (2006)5CompLJ452(Guj); [2006]70SCL407(Guj)

..... in liquidation and that the rights of the other creditors can be settled only after the claims of workmen are settled as per the provisions of companies act, 1956. the interpretation sought to be put forth by the applicants ?' unions regarding the provisions of law and the authority is absolutely baseless, ill-founded ..... to. the court further held that the conditions stipulated by the court while granting leave only purported to incorporate the provisions of law contained in the act even when those conditions were not specified the company law would automatically apply. moreover, after leave was granted, the official liquidator would have adequate opportunity ..... have submitted that the workman has no right to realize the security. the secured creditors have right to realize the amount under section 529 of the companies act, 1956. the stage envisaged under section 529-a has still not come. the secured creditors remained outside the winding up proceedings. simply because they participate .....

Mehsana District Central Co-operative Bank Limited and anr. Vs. Electi ...

Court : Gujarat

Reported in : (2002)1GLR774

..... or equally efficacious remedy available, particularly in relation to election disputes. in the present case, under section 70(2)(c) of the karnataka co-operative societies act, 1959, any dispute arising in connection with the election of a president, vice-president, chairman, vice-chairman, secretary, treasurer or member of committee of the ..... learned counsel for the petitioners :3.7 learned counsel for the petitioner submitted that on the conjoint reading of the provisions of the co-operative societies act, rules and bye-laws which i have referred, shows that the list will be divisionwise wherein the multi-purpose and service co-operative societies of the ..... raichanddas against the provisional voters' list. the said order has been challenged on various grounds including the same is contrary to provisions of co-operative societies act and rules and violative of articles 14 and 19 of the constitution of india. the petitioners have by amendment also challenged notification dated 7-7-2001 .....

Salimbhai Abdulgaffar Shaikh Vs. State of Gujarat

Court : Gujarat

Reported in : (2003)3GLR1899

..... indirectly two contingencies : (i) where an accused is found guilty of the offence punishable under the i.p.c. or any other law such as arms act, explosives act etc. but has been acquitted by the very judgment of the offence punishable under p.o.t. a. and the period of imprisonment being less than 3 ..... had committed mistake in recording the correct name uttered by the witness, even then the present petitioner has not been assigned any specific role or an overt act in the serious incident occurred near 'a' cabin of godhra railway station. according to mr. raju this witness dipak nagindas soni had contested municipal election against ..... triable by either special or designated court. by making special provisions one can inter intention of legislature to exclude jurisdiction or ordinary criminal courts. however, atrocities act, though it provides for establishment of special courts and special prosecutors, no express provision is made with regard to pre-trial proceedings i.e. bail applications .....

Troikaa Pharmaceuticals Ltd. Vs. Pro Laboratories (P) Ltd. and anr.

Court : Gujarat

Reported in : (2008)3GLR2635; LC2009(1)168

..... the case, the design of the plaintiff is liable to be cancelled as the registration of the said design is prohibited under section 4 of the design act, 2000. 14. mr. mehta further submitted that several other pharmaceutical companies in india are applying the said d shape design to its pharmaceutical products/ medicinal ..... medicinal preparation. the registration of the plaintiff's design is not valid as the design of the plaintiff is not registrable under section 4 of the designs act, 2000. the plaintiff, by misleading the controller of designs and suppressing material facts, regarding prior publication and application of the said d shape by various pharmaceutical ..... that the plaintiff has acquired statutory right, spent huge amount of money for preparing the said design, exerted labour and acquired statutory protection under the designs act, 2000. the defendants have with a view to encroach upon the market and goodwill of the plaintiff, imitated the plaintiff's design and have placed in .....

Bikhumiya Sarfumiya Malek Vs. Ddo Mehsana

Court : Gujarat

Reported in : (1999)3GLR811

..... no.1 relied upon a division bench judgement reported in 1997 (2) glh (uj) 22, which states that under sec.59(1) of the gujarat panchayats act, 1993 ('the act' for brevity) only two ingredients are to be looked into; one is whether there is a criminal proceeding and secondly whether moral turpitude is alleged. shri anand, ..... v. r.s.vaghela (supra) it has been considered and held as under:-'thus, a sarpanch cannot be suspended just on institution of criminal case. whether the act constitute an offence of moral turpitude, there cannot be a strait-jacket formula. it depends on various factors including the manner and circumstances in which the offence alleged ..... and others, reported in : (1997)1glr599 . this court had categorically mentioned that the officer will decide the application after proper scrutiny under s.59(1) of the act. it appears that the addl. development commissioner has not even cared to go through the order passed by this court on 23.6.98 while deciding special civil application .....

Arunaben Pranshankar Dave Vs. Narendra Shankarbhai Dave and Another

Court : Gujarat

..... trivedi for the petitioner submitted that it is the cardinal principle of law that tenancy rights are heritable and therefore, section 5(11)(c)(i) of the bombay rents act is a salutary and wholesome provision to take care thereof and because of the said provision, the heir of tenant would feel safe otherwise they may be thrown out ..... and not of the suit premises, which is situated in bhavnagar. he further submitted that as per the provisions of section 5(11)(c)(i) of the bombay rents act, person residing with the deceased tenant before three months prior to his death can claim tenancy right, however, in the case on hand, the petitioner had raised her claim ..... have carefully perused order xxi rule 97 of code and it appears that the object for extensive amendments which have been made in order xxi of code by the amendment act, 1976 is to shorten the litigation and to expedite process of execution. sub-rule (1) of rule 97 allows a decree-holder or auction-purchaser of immovable property, .....

Vithalbhai Biharilal Patel Since Deced. Thro. His Heirs Vs. Heirs of D ...

Court : Gujarat

Reported in : (2003)4GLR635

..... paragraph no. 24 held that, 'we are of the opinion that the expression 'for his own use' as occurring in section 13(3)(a)(iii) of the act cannot be narrowly construed. the expression must be assigned a wider, liberal and practical meaning. the requirement is not the requirement of the landlord alone in the sense that ..... the deceased tenant, this court observed that, '..therefore, in substance the petitioners claimed a statutory right conferred upon the persons falling within section 5(11)(c) of the act. the plaintiff was denying this right from the beginning. but apart from this right, even if it was vested in the present petitioners, plaintiff wanted possession on the ..... and assignment, the hon'ble supreme court rejected the contention that, 'the suit in regard to the sub-tenent was one against a trespasser, and therefore, the rent-act court had no jurisdiction to entertain it.' the hon'ble court held that, 'the joinder of a sub-tenant whose sub-tenancy was invalid cannot alter the nature .....