Court : Gujarat
Reported in : AIR1974Guj54; (1973)GLR761
..... be standing timber, tree as long as the owner thereof was interested in taking fruits. they would become standing timer trees when the intention to cut them was developed by their owner. bracketing the nature of the trees and intention to the nature of the trees and intention to cut them together, it has been stated in that ..... in order to constitute 'standing timber'. the first ingredient that should be fulfilled would be that it must be timber that is would suitable for building houses, bridges, ships etc. and secondly, the tree must be in a state fir for the purposes and should be mean to be converted into timber so shortly that it could ..... and a tree. in that 'standing timber' given in webster's collegiate dictionary has been accepted. it is in the following terms.'wood suitable for building houses, bridges, ships, etc. whether on the tree or cut an seasoned.'having examined the different provisions and the meaning of the expression 'timber ' the following test has been laid down in .....
Tag this Judgment!Court : Gujarat
Reported in : (2000)1GLR443; (2000)ILLJ948Guj
..... violation of article 14 for that reason alone. reference in 'this connection was made to the decision of the supreme court in lalit narayan mishra institute of economic development and social change, patna v. state of bihar and ors. air 1988 sc 1136. 63. i am not prepared to accept such a broad proposition that ..... include security department in notification under section 10 of the act. 17. it was urged that notwithstanding raising this question before the advisory board neither the committee constituted by the board nor the ultimate report alludes to this aspect of the matter which is a prerequisite of consideration before notification as per clause (c ..... above the first limb of petitioner's contention is that there has been no consultation with the state advisory board, by the appropriate government, but only a committee of the advisory board has been consulted. the relevant part of the notification reads : 'and whereas the government of gujarat has consulted state advisory contract labour .....
Tag this Judgment!Court : Gujarat
Reported in : (2001)4GLR3048
..... from the survey of the provisions of the act, as we have noticed above, section 12 of the town planning act contemplates town planning through preparation of draft development plan which would contain not only proposals for designating certain areas for residential, industrial, commercial, agricultural or recreational purposes and for other purposes for maintaining environment and ..... indefinitely and in perpetuity to the serious prejudice of the land owner, particularly, in cases where acquisition of reserved land is not feasible for want of funds or other reasons by the authorities for whom the reservation is made.98. we have also considered it necessary to refer to the judgment of division bench ..... of the authorities showed that there was no need of the petitioners land for the specified purpose for which it was reserved. it also shows that no funds were available for acquisition and making payment of the market value of the petitioners lands.21. it is next urged that by this time, due to .....
Tag this Judgment!Court : Gujarat
Reported in : [1994]209ITR993(Guj)
..... or 32ab provide elaborate scheme for grant of deduction in respect of investment allowance. sections 33, 33a, 33ab and 34a provide for development rebate, development allowance and tea development account. various elaborate provisions are made providing the circumstances in which the rebate or allowance is granted. similarly, section 33ac provides for deduction ..... , it was contended that, when there is a specific provision made in section 36(1)(v) of the act for deducting payments towards a fund for meeting the liability towards gratuity, a claim for deduction of gratuity under section 37 cannot be granted. it was pointed out that section 37 ..... in respect of reserves for shipping business. section 35 provides for set of circumstances in which the deduction on scientific research can be allowed. section .....
Tag this Judgment!Court : Gujarat
Reported in : (2004)1GLR116
..... cannot be taken into consideration because those contentions are baseless, having no support from the record. according to his submission, this is nothing but the mental development of an advocate which may be labelled as an afterthought of the respondent board. as regards the contention of the board that the board is not in ..... respondents against the claim of pre 96 pensioners. relevant observations made by this court in its order dated 17.10.2000 while constituting the high level committee are reproduced as under:'1. having heard the learned counsel for the parties and perusing the pleadings of the parties and more particularly the resolution of ..... the enactment of payment of gratuity act, 1972 a statutory liability was cast on the employer to pay gratuity. pension and gratuity coupled with contributory provident fund are well recognized retiral benefits. pension and gratuity are both retiral benefits ensuring that the workman who has spent his useful span of life in rendering service .....
Tag this Judgment!Court : Gujarat
Reported in : [1995]95CompCas663(Guj)
..... for the respondents laid emphasis on the observation of krishna lyer, j. in joshi (r. s.) v. ajit mills ltd. : [1978]1scr338 : 'in a developing country, there is sufficient nexus between the power to tax and the incidental power to protect purchasers from being subjected to an unlawful burden. social justice clauses, integrally ..... the cbi report disclosing mass scale malpractices in writing examinations. as in dilbagh singh's case, : (1993)iillj1043sc , the court held that the selection committee recommendation do not give a vested right or legitimate expectation to candidates till they are appointed according to rules. 261. in fact, the transactions out of ..... dated january 25, 1996, has ordered simpliciter to transfer the monies collected in adherence to its earlier order dated october 30, 1995, to the investor protection fund of the concerned stock exchange. 204. impounding has a definite meaning in legal parlance. literally translated 'impound' means, as per oxford dictionary, 'to take .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1962Guj128; (1962)0GLR269
..... and even illogicalities into the law. also, the necessity for distinguishing some'iines leads to extraordinary mental gymnastics, which are hardly conducive to the scientific and rational development of the law. it is for this reason, that a considerable body of jurists hold, the view that the doctrine of precedents far from being an instance ..... common law rule, the history of the doctrine of judicial precedents clearly illustrates that it is by a process of self-stultification that the english judges have developed the doctrine in its present form and that there is no statute or common law rule which compels obedience to an individual precedent. the process which ultimately ..... had ceased to exist by reason of the supreme court of judicature act, 1873 the judicial committee of the privy council in an appeal from the supreme court of new brunswick also regarded the decision of the court of exchequer chamber in merchant shipping co. v. armitage, (1873) 9 q. b. 99 as an authority binding the .....
Tag this Judgment!Court : Gujarat
Reported in : (2005)1GLR24
..... 1960.5. it would be appropriate to refer the underlying design and desideratum of the creation of the board. with a view to provide encouragement, organization development and regulation of khadi and village industries in the erstwhile state of bombay and to constitute or open one or more board to carry on such objects, ..... the recommendations of 5th central pay commission respectively, under the resolution, finance department, dated 20th november, 1997, and, upon acceptance of the recommendations of the said committee, which had issued the state government to follow the government of india's orders in respect of the provisions, regulating the pension, commutation of pension, etc. ..... of the bombay khadi and village industries act, 1960. it is very clear from the said observations that the respondent no.1 board is fully funded and financed by the government and also was not in dispute before the learned single judge, which is surprisingly and halfheartedly reiterated and it is submitted .....
Tag this Judgment!Court : Gujarat
Reported in : (2004)3GLR1841; (2005)ILLJ592Guj
..... improved their financial conditions. by inviting our attention to the resolutions dated 9th september, 1998 and 12th june, 1995 issued by the secretary, urban development department putting restriction on appointments of daily-wagers and part-timers and other subsequent relevant circulars, he submitted that the government has prescribed minimum structure of ..... and by no other method. under the rules, the vacancies are advertised for inviting applications from eligible candidates. after the applications are received the selection committee is constituted to select the candidates for appointment in the corporation's clinic. only after the candidates are selected they are taken in the service. ..... exploited by the state agency, the supreme court issued direction to prepare a scheme in view of the fact that the petitioner-university was fully funded by the state government and though there were posts, no regular appointments were made. thus, even the apex court has exercised its jurisdiction in .....
Tag this Judgment!Court : Gujarat
Reported in : [2007]138CompCas204(Guj); [2007]79SCL47(Guj)
..... exchange. 'nirma' today is one of the largest selling detergent brand with a sustained growth in the indian market. the company has also penetrated and developed toilet soap segment as well as premium segment and successfully acquired substantial market share. it has established integrated soaps and detergent plants, employing the state-of ..... the hotel. 48.1 the supreme court also observed that the demerger of the hotel union from itdc was a considered opinion taken by the cabinet committee on disinvestment and had the approval of the department of company affairs in terms of the act. the supreme court also found that by an ..... and would lead to economy in the administrative and management cost, resulting in improving profitability. the amalgamated company will have a strong and large resource funds. the combined technological, managerial and financial resources would enhance the capability of the amalgamated company to invest in larger and sophisticated projects to ensure rapid growth .....
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