Judgment Search Results Home > Cases Phrase: sashastra seema bal act 2007 section 68 period during which a person is deemed to be a prisoner of war Court: gujarat

Gujarat State Road Transport Corporation Vs. Pravinsinh H. Zala

Court : Gujarat

..... not to send every workman home without considering gravity of offence for which such workman is convicted. mr. koshti further contended that the industrial disputes act being central act, it would override the provisions of regulation 81 of the regulations framed by the petitioner corporation and, therefore, if the labour court finds in a ..... by the employer like the petitioner corporation. he therefore submitted that regulation 81 is ultra vires the provisions of section 11-a of the i.d.act and, therefore, when the labour court has exercised its powers on reasonable grounds and interfered with the punishment imposed by the petitioner corporation, this court ..... no jurisdiction to interfere with the punishment imposed by the petitioner corporation in purported exercise of its powers under section 11-a of the industrial disputes act on the ground that the punishment was disproportionate to the guilt established against the respondent. in support of her arguments,she has also placed reliance on .....

Rameshchandra Bansal Through Constituted Attorney Virendra Bansal Vs. ...

Court : Gujarat

Reported in : (2006)2CompLJ93(Guj); (2005)3GLR2734; [2006]67SCL404(Guj)

..... 1996(83)elt241(sc) reads as under : -10. we are of the opinion that while examining the challenge to an exemption notification under the central excise act, the observations in the decision aforesaid should be kept in mind. it should also be remembered that generally speaking the exemption notification and the terms and conditions ..... government issuing a notification which has the effect of amending an earlier notification and thereby restricting the operation of the exemption notification. under the general clauses act when power is given to the government to issue notification there is inherent in the same power to amend the same. this is precisely what ..... wherein the validity of the actions initiated by sebi were upheld. regulation 10 read with schedule iii of the regulations, 1992 has been held as intra virus the act, 1992. (ii) because of agitation by share-brokers and mainly for exclusion of certain transaction from 'turnover' and to resolve other dispute as to registration fees .....

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 .....

M.V. Asean Jade Vs. Jaisu Shipping Com. Pvt. Ltd. and ors.

Court : Gujarat

Reported in : AIR2000Guj241

..... under article 215 of the constitution of india, as superior courts of record having inherent and plenary jurisdiction including admiralty jurisdiction and not under the colonial court of admiralty act, 1890.5.15. it was further submitted that the bombay high court (original side) rules, 1957 are repealed by 1993 rules. even otherwise, the bombay high ..... court (original side) rules, 1957 and the admiralty jurisdiction rules for regulating the procedure and practice in cases brought before the high court under the colonial courts of admiralty act, 1890 (53-54 victoria chapter 27). rule 52 reads as follows :'52. where not provided for, rules and practice of o.o.c. j. to apply ..... the letters patent, these rules include rules regulating the procedure and practices of cases brought before the high court of bombay under the colonial courts of admiralty act, 1890. this is the law in force immediately before the appointed day with respect to the practice and procedure in the high court of bombay and .....

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 .....