Court : Gujarat
Reported in : (1970)11GLR386
..... in the past by auction.the material clause 5 about the priority holders is as under:(5) the priority for disposal of bet bhatha lands should be as under:(i) bona fide agriculturists of the village who are holding land less-than five acres preference in this case will be given to harijans, adivasis and backward class people,(ii) holders of land adjoining bet bhatha lands holding land less than 16 acres and who in the collector's opinion have a genuine need of additional lands for maintenance of their families. ..... the second category when the ground for consideration is the holding of land adjoining bet, bhatha land, even if the need for additional land for maintenance of family is found to be genuine, the individual shall be -excluded and the harijans, adivasis etc. ..... it should be kept in mind at this stage that the scheme of the relevant rules 37 and 41, if applicable, is that these lands can be granted for agricultural purposes at the collector's discretion to such persons as the collector deems fit, either upon the payment of price fixed by the collector or without charge or may be put up at public auction or sold subject to confirmation to ..... we have already pointed out even while introducing such a welfare measure, the policy has been not of giving land to really needy and landless, small-holders, but the principle on which this exclusion proceeds is one of the persons being a co-operative member or a member of harijan or adivasis or backward class as envisaged in this resolution .....
Tag this Judgment!Court : Gujarat
Reported in : (1986)54CTR(Guj)272; (1987)1GLR3; [1986]162ITR28(Guj)
..... advanced by the learned advocate-general for tamil nadu appearing for the union government is, therefore, negatived by the amendments which have been made by the income-tax (6th amendment) rules, 1985, which have been brought ..... required to get their accounts audited under any law cannot, therefore, press this proviso in support of their plea of under-classification, because parliament having recognised that these welfare agencies constituted the special act subjecting them to commercial audit thought it fit to exclude them from the obligation of the special auditor as sufficient compliance with the obligation under ..... constitution inasmuch as : (a) they are arbitrary and unreasonable, (i) because the prescribed limit to turnover or gross receipts for an assessee carrying on business or gross receipts for an assessee carrying on a profession has no relation to the income under the income-tax act, and would operate most unreasonably in the scheme of the present act where the liability of filing return is on the basis of the income as defined in ..... section 139a or initiation of acquisition proceedings under section 269c are ..... would not make a provision unconstitutional provided the classification is intelligible and has reasonable relation with the object (see in re special courts bill, 1978, : [1979]2scr476 ). ..... a vigorous case of the equal protection clause to strike down legislative action in the area of fundamental human rights (see 'developments-equal protection' 82, harv.land rev. .....
Tag this Judgment!Court : Gujarat
Reported in : (2004)1GLR116
..... state khadi gramodyog board has also passed office order dated 16.10.1990 in the subject of pension cum gratuity wherein it has been mentioned that the government of gujarat has granted approval for making applicable the pension cum gratuity scheme with retrospective effect to the employees of the gujarat state khadi village industries board who have retired from service on superannuation and it has also been mentioned in the said order that ..... the time of his retirement is not eligible for earning pension and stands outside the class of pensioners, if subsequently by amendment of relevant pension rules any beneficial umbrella of pension scheme is extended to cover a new class of pensioners and when such a subsequent scheme comes into force the erstwhile non-pensioner might have survived, then only if such extension of pension scheme to erstwhile non-pensioners is expressly made retrospective by the authorities promulgating such scheme; the erstwhile non-pensioner ..... . of tamil nadu v. k ..... he also submitted that if the state is held responsible for this burden, then, it is very difficult for the state government to run its administration and various other public welfare activities under the various acts. ..... transfer of property: the state government may transfer to a board building, land, or any other property whether moveable or immoveable for use and management by the board on such conditions and limitations as the state government may deem fit for the purpose of this act.17. .....
Tag this Judgment!Court : Gujarat
Reported in : [1995]84CompCas230(Guj)
..... class, having distinct and separate interests, having been wrongly included in a common meeting or a separate meeting of such a class was required to be held could be taken only when petition is filed for sanction or approval of the court to such a scheme or arrangement, and, therefore, if the objection taken by miheer on the ground that the separate class meeting is not convened is to be upheld, he cannot be non-suited nor can his ..... are not the details of the scheme, but the effect which the scheme will have obviously on such terms as to the welfare of the company and the welfare of the shareholders or creditors for whose interest the scheme purports to ..... in this delicate process of weighing the diverse factors in the two scales, the court shall have to keep in mind the fact that the alleged family arrangement of 1979 whereunder mil (transferee company) and other companies were to go to group a (mhm group) or the subsequently concluded contract as read from the correspondence which is ..... terms on which they are employed by mf and their services with mf so to be amalgamated with mil prior to such taking over will not be treated as having been broken for the purposes of the provident fund rules or for gratuity or for superannuation or for any other purposes but will be reckoned for all such purposes from the date of their respective appointments with mf so to be amalgamated. 5. ..... compulsory acquisition under section 428, and its rights under that section were being evaded under the ..... . the land .....
Tag this Judgment!Court : Gujarat
Reported in : (2001)4GLR3492
..... the division bench consisting of (mr.s.n.phukan, chief justice as he was then and mr.justice r.l.khurana) has observed as under: 'a perusal of annexure r-2, vide which the voluntary retirement scheme was made applicable to the employees of the respondent-corporation and options for voluntary retirement under the scheme were invited, there is a specific condition that the option once exercised would be final and the employee having once exercised the option, would have no right to withdraw ..... we are also of the opinion that when the municipal commissioner proposes to take an action under the said section, the minimum compliance with the rules of natural justice that is required of him would be that : (i) the particulars of the alleged material misrepresentation or fraudulent statement attributed to the person likely to be affected by the order should be clearly and precisely communicated to him; ..... state of tamil nadu, (1974) 2 sc 348 that article 14 strikes at arbitrariness in state action and ensures fairness and ..... has pointed out that initially five societies were selected for allotment of land on the basis of `first come first served' but subsequently one of the societies was dropped out and there is no explanation for the said society being dropped out. ..... in the modern welfare of the state, even if the government to pay the money, such money comes from the honest tax payers and therefore also it does not lie in the mouth of the employees to say ..... others reported in air 1979 sc 765. .....
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