Court : Gujarat
Reported in : [1997]227ITR825(Guj)
..... ) (puc for short). by order, annexure 'h', passed under s. 269ue(2) of the act, the property was ordered to be taken over from the transferor. it is the case of the petitioner that in the light of memorandum of undertaking ('mou' for short) entered on 29th dec., 1994, the petitioner agreed to purchase land from one ..... special civil application no. 869 of 1995 decided on 30th jan./30th march, 1995 [reported as anagram finance ltd. vs. appropriate authority & anr.]. considering the relevant provisions of the act as also the decision of the hon'ble supreme court in barium chemicals ltd. & anr. vs . company law board & ors. : [1967]1scr898 , we observed as under ..... : 'the combined reading of s. 269ud(1a) and (1b) of the act leaves no room of doubt that it is a question of objectively decision-making process by taking into consideration all relevant materials which have come before hearing authority and considering .....
Tag this Judgment!Court : Gujarat
Reported in : AIR2008Guj183
..... that the petitioner-municipality has not raised any ground as to lack of opportunity of hearing in the petition and hence, it is not permissible to the court to undertake the said exercise and record any finding. that merely making a statement in paragraph no. 3 of the petition and paragraph no. 4-(b) of the petition ..... the rules framed for imposition and collection of octroi or other taxes that may be imposed. under section 102 of the act the state government is vested with powers to either approve, with or without modification, or send back the rules submitted for approval to the municipality for further consideration ..... the provision relates to the taxes which may be imposed by a municipality subject to the municipality complying with the requirements of sections 101 and 102 of the act. section 101 prescribes the procedure preliminary to imposing a tax. the said section enjoins a municipality to pass a resolution as provided by the section and have .....
Tag this Judgment!Court : Gujarat
Reported in : (2004)3GLR529; (2005)ILLJ484Guj
..... allowance and conveyance allowance are required to be taken into account for the purpose of making contribution in the provident fund scheme of the employees.11. before undertaking the exercise of interpreting the said provisions, it would be useful to notice some of the decisions of the hon'ble supreme court on the principles of ..... commissioner, the respondent no.1 has correctly passed the impugned orders. he contends that the orders under challenge are appealable under section 7i of the said act and the petitioner be directed to pursue the remedy of statutory appeal.6. learned advocate shri koshti appearing for respondent no.2 has also supported the ..... an industrial dispute demanding dearness allowance from the petitioner company. it appears that the respondent no.1 initiated proceedings under section 7-a of the said act against the petitioner in response to which the petitioner appeared before the respondent no.1 and submitted that there is no contribution outstanding due and payable and .....
Tag this Judgment!Court : Gujarat
Reported in : [1998]92CompCas692(Guj); (1995)2GLR1619
..... in ahmedabad city, a large number of employees or workers working in such mills are rendered jobless and unemployed. some of the sick textile units were nationalised by the state government. it is its case that a number of other measures are taken and concessions granted by the state and central governments ..... the scheme stipulates that the sponsor will work out a package deal in consultation with the financial institutions on the lines of packages offered by the sick industrial undertaking while permitting the scheme for revival and rehabilitation. the possibility of working out such packages by discussion or deliberation could not be ruled out but it is ..... taken out a judge's summons for directions to convene meetings of the members, creditors and the employees of the company in liquidation under section 391 of the companies act, 1956. affidavit in support of the summons is filed. 2. from the averments made in the affidavit in support of the summons it becomes clear that applicant .....
Tag this Judgment!Court : Gujarat
Reported in : [2001]107CompCas501(Guj)
..... was moved by respondent no. 1 before the debt recovery tribunal some time in december, 1999, while the petitioner had been declared as a relief undertaking under the bru act by the state of gujarat only on may 17, 2000. thus, he wants to show that there was a proceeding pending when the notification was published ..... petitioner's application for stay of proceedings was rejected on the ground that the provisions of the bombay relief undertakings act, 1958 ('bru act'), cannot prevail over the recovery of debts due to banks and financial institutions act, 1993 ('drt act').2. when the petition was called out for hearing mr. m.j. thakore appeared for dr. sonia hurra ..... of d.s. patel and co. v. gujarat state textile corporation ltd. 13 glr 33 ; [1971] 41 comp cas 1098 has very succinctly analysed the provisions of the bru act and it is laid down in these terms :'the main object of the bombay relief undertakings (special provisions) act, is to make temporary provision for industrial relations, to .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1961Guj73; (1961)GLR117
..... relating to the question whether there had been or was likely to be a substantial fall in the volume of production in respect of cotton textiles manufactured in the said undertaking for which having regard to the economic conditions prevailing, there was no justification, as appears clearly from the order dated 24-12-1959 ..... government is of the opinion that there has been, or is likely to be, a substantial fall in the volume of production in respect of cotton textiles manufactured in the industrial undertaking known as the huthee-singh ., ahmedabad, for which having regard to the economic conditions prevailing, there is no justification : now, therefore, in ..... of the central government forming an opinion under section 15(1)(a) of the said act that there had been or was likely to he a substantial fall in the volume of production in respect of cotton textiles manufactured in the said undertaking, for which, having regard to the economic conditions prevailing, there was no justification. .....
Tag this Judgment!Court : Gujarat
Reported in : I(1995)ACC7; 1994ACJ1159; AIR1995Guj98; (1994)2GLR1308
..... not frittered away; (iii) victims or their dependants are not again left at the mercy of the society; and (iv) the amount, which is paid by the nationalised insurance companies, serves its purpose and the socio-economic object of the legislation is not defeated.' in para 40-b of the reported decision, the full bench gave directions ..... bench of this court. it is not for this court to claim 'better wisdom' than what has been expressed by the apex court of the country and thereafter undertake the task of modifying the guidelines as submitted by the learned advocates.26. for the aforesaid reasons, question no. 1 stated in para 1 of the judgment is ..... no reason for the division bench to refer the case to a larger bench cannot be accepted.17. relevant statutory provision. (a) history :in the motor vehicles act, 1939 section 100 to section 110-f were introduced sometime in the year 1957. thereafter the state governments constituted claims tribunal for expeditious disposal of motor accident claims. .....
Tag this Judgment!Court : Gujarat
Reported in : [2006(111)FLR1097]; (2006)2GLR889; (2006)IIILLJ196Guj
..... v. textile labour association and anr. 1988(2) glh 498 were brought to our notice by learned counsel for the parties. 7.1. incorporation of section 11a in the act is the result of apex court decision in indian iron and steel company case (supra) and recommendation no. 119 of international labour organization concerning ..... , of collective interests of society at large. obviously this idea is more relevant in considering the working of an organisation like the employer herein or an industrial undertaking. obedience to authority in a workplace is not slavery. it is not violative of one's natural rights. it is essential for the prosperity of the organisation ..... revision can interfere on the ground of failure to exercise jurisdiction vested in the labour court or material irregularity in exercise of its jurisdiction.7.15 in ahmedabad new textile mills v. textile labour association and anr. (supra) the division bench (coram: a.m. ahmadi & r.j. shah, jj.) also considered the question as to what .....
Tag this Judgment!Court : Gujarat
Reported in : [1995]95CompCas663(Guj)
..... principle, viz., the polluter pays' principle. the polluter pays principle demands that the financial costs of preventing or remedying damage caused by pollution should lie with the undertakings which cause the pollution or produce the goods which cause the pollution. under the principle it is not the role of government to meet the costs involved in ..... were infringed since a mere chance of having particular customers cannot be said to be a property or to any interest or undertaking. it is clear that the state of punjab had done no act which infringed a right of any citizen; the state has merely entered upon a trading venture, it did not infringe their ..... various representatives of the petitioner issued by the investigating officer appointed by respondent no. 1 under section 11(3) of the securities and exchange board of india act, 1992 ('the act' for short), in connection with enquiry instituted by respondent no. 1 in the case of buying or selling or dealing with the shares of the company .....
Tag this Judgment!Court : Gujarat
Reported in : AIR2005Guj203
..... clearance is obtained', was inserted by notification dated 4th may, 1994 but was repealed by the notification dated 10th april, 1997. he has, therefore, submitted that undertaking a project means carrying on processes or operation thereof and does not include construction of the project. for this purpose, mr. vakil relied on the copy of ..... 1, he has not correctly decided the jurisdictional fact. in this connection, he relied on the decision of the hon'ble supreme court in the case of raza textiles ltd. v. income tax officer reported in (1973) 1 scc 633, wherein the hon'ble supreme court has held that 'no authority, much less a quasi ..... it for the future generations and to ensure good quality of life that parliament enacted the anti-pollution laws, namely, the water act, air act and the environment (protection) act, 1986. these acts and rules framed and notification issued thereunder contained provisions which prohibit and/or regulate certain activities with a view to protect and preserve the .....
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