Skip to content


Judgment Search Results Home > Cases Phrase: sashastra seema bal act 2007 Court: gujarat Page 1 of about 979 results (0.060 seconds)

Jun 27 2008 (HC)

Bharat Foods Co-operative Ltd. and anr. Vs. State of Gujarat and 3 ors ...

Court : Gujarat

Reported in : (2008)3GLR2116

..... nothing prevented to the respondents till date to carry out detailed verification of assets, but even after issuance of eligibility certificate dated 11.11.2005 vide impugned directive dated 6-8.6.2007 as per the decision taken by slc in its meeting dated 5.6.2007, the incentive benefits to the petitioner was denied solely on the ground that the members of the petitioner society are not farmers.15.1. ..... determination of the rate of tax payable on a particular sale, on an application made to the deputy commissioner under section 62 of the gujarat sales tax act, 1969, would not be final for all time to come.there cannot be any dispute regarding the principle established by this court in this ruling. ..... to the application of the petitioner, vide order dated 10.11.2003 passed in exercise of powers under section 62 of the gst act, the deputy commissioner of sales tax [legal] held that the petitioner was eligible for availing the sales tax incentives under the ..... in the said case, the state of karnataka issued certain notification under the karnataka sales tax act, 1957 regarding certain tax exemption wherein 'computer and parts of computer peripherals' was the subject ..... kutch district the petitioner society sought for further clarification from the state government and as a matter of fact, the deputy commissioner of sales tax in an order dated 10.11.2003 passed under section 62 of the gst act, has determined that the benefit of the scheme was available to the petitioner cooperative society. .....

Tag this Judgment!

May 03 2001 (HC)

Gujarat Rajya Dairy Karmacharisabha Vs. Managing Director

Court : Gujarat

Reported in : (2001)4GLR3492

..... by government which we have discussed above must apply equally where such corporation is dealing with the public, whether by way of giving jobs or entering into contracts or otherwise, and it cannot act arbitrarily and enter into relationship with any person it likes at its sweet will, but its action must be in conformity with some principle which meets the test of reason and relevance. ..... has observed as under: 'when a state action is challenged, the function of the court is to examine the action in accordance with law and to determine whether the legislature of the executive has acted within the powers and functions assigned under the constitution and if not, the court must strike-down the action. ..... as court, give directives as to how the defence ministry should function except to state that the obligation not to act arbitrarily and to treat employees equally is binding on the union of india because it functions under the constitution and not ..... shelat, learned advocate general, 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 hon'ble supreme court has held as under:'as already indicated, clause (10-c) of section 10 of the act itself mentions economic viability of a public sector company as the most relevant circumstance to attract the provision. .....

Tag this Judgment!

Aug 16 2004 (HC)

Yashwant Venilal Sanghvi Vs. Sahdevsinh Dilubha Zala

Court : Gujarat

Reported in : (2006)3GLR1873

..... making false allegations in the memo of petition and in the booklet jagrut parivar but now the petitioners have realised that they have to face prosecution because of their illegal act of preparing, publishing, editing, circulating and dispatching defamatory material by publishing the booklet jagrut parivar and therefore they are saying that they have not published the same and they ..... required to be proved, no inference can be drawn on the basis of this material to conclude that the complaint cannot be proceeded with and that the court should not act on annexure to the petition under article 226 of the constitution, which cannot be termed as evidence without being tested and proved. ..... satisfy the following ingredients:(i) that the accused made, published or circulated the statement, rumour or report, in question;(ii) that he did so with intent to incite, or that the act was likely to incite, some class or community or persons to commit some offences against some other class or community.65. ..... it is stated that they could not be the 'yes men' of respondent no.2 who they felt was acting contrary to the spirit of the movement of swadhyaya parivar and the letter and spirit of the trust deed and, therefore, they separated ..... as per petitioners, the main purpose of launching this prosecution is nothing but an act of monstrosity by creating an atmosphere of fear and terror against them whereas the other oblique purpose is to see that the petitioners are forced to come to the courts from a .....

Tag this Judgment!

Sep 25 2008 (HC)

Nareshbhai Vishnubhai Chauhan Vs. State of Gujarat

Court : Gujarat

Reported in : (2009)1GLR734

..... (11), though went to hyderabad, did not make any valid note on record in this respect whereby have committed an act of concealing an offence under the conspiracy.thus, the accused have, with an intent to kill sohrabuddin, abducted as detailed above and hid at a solitary place, and thereby, committed an act of sohrabuddin's murder with common intention in conspiracy.thereafter, the abducted kausarbi, resident of zarnia was confined in disha farm house ..... court that 'body of kausarbi was disposed of by burning in village-illol, sabarkanta district' and said fact was brought on record in the action taken report which was submitted on 30-4-2007 before the hon'ble supreme court and investigation with respect to third part of the case i.e. ..... even as stated above though all these applications were filed as far as back on 19-10-2007 and or somewhere in october, november, 2007, all these applications came to be adjourned from time to time at the instance of respective applicants and at no point of time, they have insisted for hearing of the applications for releasing them on ..... that present applications were filed by the respective applicants somewhere in october, 2007, and thereafter, present applications came to be adjourned from time to ..... the applications are filed in the month of october, 2007 and same is being adjourned from time to time, therefore, pointed question was asked to the learned advocates appearing on behalf of the respective applicants that applications were being adjourned .....

Tag this Judgment!

Jun 06 2006 (HC)

Bharuch Jilla Adarsh Samaj Seva Mandal Vs. Veer Narmad South Gujarat U ...

Court : Gujarat

Reported in : (2006)3GLR2037

..... per sub-regulation 10 of regulation 7 of new regulations of 2005, after having complied with all the formalities as required therein and after having satisfied that the institution fulfilled all the conditions specified by the ncte act, the rules, regulations, the norms and standards laid down for the relevant teacher education/programmes/course, the concerned institution shall be informed of the decision for grant of recognition or permission subject to appointment of ..... up for final hearing before this court, this court by judgment and order dated 11.5.2005 directed the university to consider the application of the petitioner for affiliation in light of section 34 of the south gujarat university act, and to hold an enquiry; and also directed the registrar of the university to submit the application and other proceedings, if any, of the academic council and the syndicate to the state government, after which ..... ncte initially for the academic year 2005-2006 vide approval/recognition dated 25th february 2005, however, considering the request of the petitioner for extension of recognition for the academic year 2006-2007, the ncte vide communication dated 9.3.2006 as a special case granted permission to start the course from the academic session 2006-2007 instead from 2005-2006. ..... communicated vide communication dated 26th may 2006 about the decision of the academic council taken after holding enquiry not to grant affiliation to the petitioner institute for the academic year 2006-2007. .....

Tag this Judgment!

Feb 11 2004 (HC)

Bhatt Indravadan Nathalal Vs. State of Gujarat

Court : Gujarat

Reported in : (2004)2GLR1365

..... such land, therefore used or acquired by the municipality for the purposes of such streets, as may not be required for any public street or for any other purposes of this act:provided that no proposal for permanently discontinuing any public street shall be sanctioned by a municipality unless one month at least before the meeting at which the proposal is decided, a notice ..... setforth in the memo of petitions, reply as well as rejoinders and after having minutely examined the relevant statutory provisions contained in the land acquisition act as well as gujarat municipalities act and the constitutional provisions and also the authorities cited before us, we are of the view that the real controversy which arose before us is whether ..... land acquisition proceedings in the present group of cases is misconceived in law and the land acquisition officer has no authority and/or jurisdiction to initiate such proceedings under the act as the entire purpose of acquiring land/shops of the petitioners is nothing but for widening of street vested in dakor municipal borough, and, therefore, it is the ..... that there may be some 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 inconsistency between laws made .....

Tag this Judgment!

May 11 2012 (HC)

Gujarat State Road Transport Corporation Vs. Pravinsinh H. Zala

Court : Gujarat

..... however, the labour court was of the opinion that the act of accident of the respondent workman was an act of negligence and for such act on the part of the respondent workman, major punishment of dismissal could ..... corporation was found to be in accordance with regulation 81, the labour court had 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. ..... with the petitioner corporation under regulation 81 powers of the corporation can not be unfattered so as to defeat the very purpose and intent of the legislation in conferring discretionary powers under section 11-a of the act to interfere with the punishment imposed 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 may not interfere with ..... 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 particular case that the punishment is disproportionate then, it has got powers .....

Tag this Judgment!

Dec 10 2013 (HC)

Sunil Kumar Patodia Vs. Debts Recovery Tribunal - Ii âandeuro;andldqu ...

Court : Gujarat

..... default to deposit part of the demand amount, and that too at the appeal stage the above mentioned fact coupled with the fact that for recovery of such claims special act is enacted and special forum is created and having regard to the fact that the demand is related to amount borrowed from bank / financial institution and then not paid, that the ..... aforesaid reasons and in view of the foregoing discussions, the petitioners contention that section 18 of the act and the remedy and forum prescribed and constituted under section 18 are onerous is not sustainable and ..... in case the provisions of the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002 or the rules framed thereunder are violated, it will be always open to the aggrieved person to assail such action or measures taken by secured creditor by ..... appellate tribunal are created under the act for the purpose of adjudicating all disputes arising from and the action taken or being taken under the act, then the action of entertaining writ petition by exercising discretionary and prerogative jurisdiction under article 226 and / or article 227 of constitution of india would render the special provision under special act redundant and otiose or it would ..... ) 4 scc 772, the court was dealing with the issue whether the alternative statutory remedy available under the foreign exchange management act, 1999 can be bypassed and jurisdiction under article 226 of the constitution could be invoked. .....

Tag this Judgment!

Dec 08 2014 (HC)

Commissioner of Income-tax Vs. Anil R. Dave

Court : Gujarat

..... the records of the case/s, we are unable to persuade ourselves to take a different view than that which is taken by the tribunal to hold that section 176(4) of the act does not contain any deeming provision which treats such receipts as as incomplete and which would fall within the head provisions 'gains of business profits or vocation and it cannot be ..... whether arrears of professional receipts received by assessee after discontinuation of legal profession could be brought to tax in his hands after he has discontinued his legal profession- held, no section 254 of the income-tax act, 1961-appellate tribunal - powers of assessment years 1990-91 and 1991-92 - whether a decision by a high court, which may not be a jurisdictional high court, which is only direct and extant decision, ..... the cit(a) for the year 1996-1997 while disagreeing with the assessing officer held that section 176 of the act which forms part of the section 125 of the existing act the commissioner of appeal while disagreeing with the assessing officer in paragraph 2 has given elaborate reasons and has followed ..... be charged for that year in accordance with, and [subject to the provisions (including provisions for the levy of additional income-tax) of, this act] in respect of the total income of the previous year of every person : provided that where by virtue of any provision of this act income-tax is to be charged in respect of the income of a period other than the previous year, income-tax shall be charged accordingly .....

Tag this Judgment!

Oct 28 2002 (HC)

Anita Bhandari and ors. Vs. Union of India (Uoi) and ors.

Court : Gujarat

Reported in : 2004ACJ2020; AIR2004Guj67

..... overzealous in his perception of the duties that he was to discharge, and therefore, arrival of the cash box near the bank premises might have been considered by him to be of such kind of act connected with his duties for the safe entry of the cash box in the bank premises that even wrong parking of the scooter by the deceased in front of the bank premises was a circumstance which incited ..... deceased as a threat to the cash box or the wrong parking of the scooter as an impediment of protection of the property of the bank from a possible danger from any third party, the act of the security guard causing death of the deceased was in the course of the employment of the security guard and, therefore, it is not possible to accept the defence pleaded by the bank that it is not ..... and the trial court shall comply with the provisions of the civil procedure code as amended by the 1999 and 2002 amendment acts for expeditious trial and report compliance to this court keeping in mind the observations made in para 12 of this judgment ..... person who puts another in his place to do a class of acts in his absence, necessarily leaves him to determine, according to the circumstances that arise, when an act of that class is to be done, and trusts him for the manner in which it is done; and consequently he is held answerable for the wrong of the person so entrusted either in the manner of doing such an act, or in doing such an act under circumstances in which it ought not to have been done; provided .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organize Client Files //