Court : Gujarat
Reported in : [1995]84CompCas230(Guj)
..... prohibited cannot brazen-facedly and shamelessly after committing blatant contravention of the order state to the court that despite the court's order he has acted to the contrary. he submitted that acceptance of the ratio decidendi of the aforesaid decisions of the courts of law in substance would amount to ..... therefore, the agreement was not enforceable. the terms and conditions of the alleged family arrangement of 1979, more particularly the suggestion v thereof, were firstly, not acted upon and, secondly, to such a family arrangement the present company - mil or other companies - were not parties. thirdly, the enforcement of the alleged family ..... to the scheme of amalgamation of mafatlal fine spinning and . (hereinafter referred to as 'mfl' for brevity), the transferor company under section 391(2) of the companies act, 1956. * * * * 2. the transferor company, mfl, is proposed to be amalgamated with the petitioner company under the following circumstances and for the following reasons .....
Tag this Judgment!Court : Gujarat
Reported in : (2008)2GLR1760
..... like self-finance institution.10. in order to appreciate the contention, it would be appropriate to consider the provisions of section 39 of the gujarat universities act, which reads as under:section 39: within the university area, all post-graduate instruction, teaching and training shall be conducted by the university or by ..... teachers education.9. however, mr. shelat, learned counsel appearing for the university by relying upon the provisions of the section 39 of the gujarat university act, 1973 attempted to distinguish the legal position and further contended that it is within the power of the state legislature to control post graduate education within the ..... would be excessive and impermissible and abdication of power by the council in favour of the state government which is inconsistent with the provisions of the parent act and must be held ultra vires. in reply, mr. andhyarujina submitted that the constitutional validity of the regulations or guidelines had not been challenged before .....
Tag this Judgment!Court : Gujarat
Reported in : (2008)3GLR1856; (2009)ILLJ399Guj; [2008]84SCL133(Guj)
..... there is no 'deemed retrenchment' of the workmen. section 25ff of the industrial disputes act, which provides for transfer of ownership or management of an undertaking does not provide that even in case where the transferee employer protects the service conditions ..... existing service conditions and continuity of service, only right of the employees of the transferor company is as specified in section 25ff of the industrial disputes act. undisputably, in clause 8 of the scheme, a provision has been made for protection of the service conditions and continuity of service, and therefore, ..... to any general or special order issued by the state government under section 3a or by the central government under section 3 of the industrial disputes act, which authorizes appropriate government to require the employer to constitute a works committee consisting of representatives of employers and workmen engaged in the establishment. if .....
Tag this Judgment!Court : Gujarat
Reported in : (2007)1GLR876
..... all or any of the powers of a district judge or a court of district judge, as the case may be. under the divorce act, 1869 succession act, 1925, special marriage act, 1954, and guardians and wards act, 1890. if the high court in exercise of the powers conferred upon it under the provisions of the letters patent, provisions of indian ..... hearing the parties on the above referred questions.5. shri s.p. majmudar, learned counsel for the appellant submits that in accordance with the scheme of the act as contained in sections 264 and 265, an application for grant of probate can be made in the district court only through the high court would be authorised ..... law by entertaining the said appeal?3. short facts leading to the present appeal are that the present respondent made an application under section 264 of the indian succession act for grant of probate in the court of learned civil judge (sd), which was registered as civil miscellaneous application no. 22 of 2000, the application was contested .....
Tag this Judgment!Court : Gujarat
Reported in : 2008CriLJ3843; (2008)3GLR2519
..... shall be deemed to have caused her death.explanation.- for the purpose of this sub-section, 'dowry' shall have the same meaning as in section 2 of the dowry prohibition act, 1961 (28 of 1961).(2) whoever commits dowry death shall be punished with imprisonment for a term which shall not be less than seven years but which may extend to ..... offences. the meaning of the term is not 'must be punished' but 'may be punished' or 'liable to be punished.13. while dealing with a case relating to punjab borstal act, 1926, this court held that a person convicted under section 302, ipc and sentenced to life imprisonment is not entitled to benefit of section 5 of the said ..... act as offence of murder is punishable with death. (see sube singh and ors. v. state of haryana and ors. : 1989crilj297 ).14. where minimum and maximum sentences are prescribed both are .....
Tag this Judgment!Court : Gujarat
Reported in : (2008)3GLR2262
..... area is already held for reconnaissance permit, prospecting licence or mining lease. the above restriction continues while exercising power under section 17-a(2) of the act, though altogether a different exercise of power by the state government and in the present case such exercise of power is bona fide and in the public ..... field of development and regulation of major and minor minerals.41. however, we are concerned with section 17, more particularly, section 17-a(2) of the act, which determines the issue involved in this petition. section 17 is pertaining to special powers of central government to undertake prospecting or mining operations in certain cases and ..... central government never issued any order for granting mining lease to the petitioner and manganese ore being a major mineral has specified in schedule i of the act and before taking an official decision on the application of the petitioner for mining lease, prior approval/concurrence of central government is required and as part .....
Tag this Judgment!Court : Gujarat
Reported in : (2009)3GLR2053
..... qua the managing director and director that they were in-charge of day-to-day conduct of the business and responsible for alleged commission of crime under the act. the court therefore did not see any justification to permit the concerned magistrate to proceed further with the proceedings impugned in this petition. the court further observed ..... prescribed in the consent order, and for a considerable time, the accused had been evading implementation of the conditions violating the provisions of section 25 of the act. under these circumstances, the court held that it cannot be said that no case is made out or there is no material in the complaint implicating the ..... hon'ble supreme court that as regards the directors, there was no evidence to show, apart from the presumption drawn by the complainant, that there is any act committed by the directors from which a reasonable inference can be drawn that they could also be vicariously liable. in these circumstance, therefore, no case against the .....
Tag this Judgment!Court : Gujarat
Reported in : 2008CriLJ2764; (2008)3GLR2412
..... a ground for releasing him on temporary bail. in the facts and circumstances of the case, more particularly considering provisions of section 37 of the ndps act, the applicant cannot be released on temporary bail and hence the present application fails and is required accordingly dismissed with following observations and directions:i. ..... the authority has not exercised the discretion judiciously and it can be said that the authority has considered the application of the convict convicted under the ndps act very lightly and in casual manner, without considering the seriousness of the offence and to that extent the exercise of discretion is unreasonable and arbitrary. ..... are neither narcotic drugs nor psychotropic substances but are used in the manufacture or production of these drugs or substances, under the ambit of the act. such controlled substances would be regulated by issue or order;(viii) violation of the provisions relating to the controlled substances would be liable for punishment .....
Tag this Judgment!Court : Gujarat
Reported in : (2009)2GLR952
..... has been preferred challenging the action of respondent competent authority as confirmed by the urban land tribunal under the provisions of the urban land (ceiling and regulation) act, 1976 (the act).2. the facts which are not in dispute are that one deceased vishnuprasad nathalal bhatt filed form no. 1 as required under the provisions of section 6 ..... shamjibhai raniga v. state of gujarat and ors. 2000 (4) glr 2777 the high court was entitled to look into validity of the proceedings under the act despite the act having been repealed w.e.f. 30-3-1999, and therefore, the petition was not only maintainable but was required to be allowed.6. on behalf ..... opinion, provisions of section 4 cannot be read and construed to infer that the effect of abatement would be that even validity of actions taken under the repealed act and examination of its provisions for the purpose of ascertaining whether any rights and liabilities thereunder are saved, would be outside the scrutiny of courts, tribunals or .....
Tag this Judgment!Court : Gujarat
Reported in : (2008)2GLR1382
..... authority, the declarants maintained that they had purchased the subject lands as promoters of the society. the subject lands were, therefore, exempt from application of the act of 1976. the competent authority, by its order dated 31st may, 1989 rejected the contention. according to the competent authority, the society was registered in the ..... year 1980. i.e. long after the appointed day. on the appointed day, ie., the date of the act, the said purchasers -harshvadan shah & mohanlal tripathi held the subject lands as individuals. considering their joint ownership, the competent authority held that each of them was ..... , 2005. by the said affidavit, the society has challenged the action of the state government in taking over possession of the subject lands under the act of 1976. it is now brought on the record that pending the proceeding before the competent authority the declarants harshvadan hathising shah & mohanlal umiyashanker tripathi .....
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