Court : Gujarat
Reported in : (1989)2GLR645; (1991)IIILLJ469Guj
..... in exercise of the powers conferred by section 19 of the banking companies (acquisition and transfer of undertakings) act, 1970 the board of directors of union bank of india in consultation with the reserve bank and with the previous sanction of the central government made regulations called union bank of india officer employees ( ..... is taken not to continue the inquiry against the petitioner as aforesaid, the respondents shall pass appropriate orders as regards the payments of full salary to the petitioner for the period during which he was under suspension and the pensionary benefits such ..... the disciplinary action taken by the kerala university against the appellant before the supreme court, who was a student in 1st year degree course of the five year integrated course of engineering, in the engineering college, trichur during the ..... regulation (3) of regulation 7, under which the disciplinary authority has acted in the instant case, reads as follows : 'if the disciplinary authority having regard to its findings on all or any of the articles of charge, is of the opinion that any of the penalties specified in regulations 4 should be imposed on the officer employee it shall, notwithstanding anything ..... not derive much assistance from the definitions of natural justice which have been from time to time used, but whatever standards adopted, one essential is that the person concerned should have ..... the constitution or under rule 15(4) of the central civil services (classification, control .....
Tag this Judgment!Court : Gujarat
Reported in : 2004(176)ELT64(Guj); (2006)1GLR436
..... a government company as envisaged in section 617 attracting section 619 of the companies act, that more than 97% of the share capital has been contributed by the state government and the financial institutions controlled and belonging to the government of india on the security and undertaking of the state government, that the amendments introduced to the memorandum of association in the year 1994 introducing articles 5-a and 5-b, entrusts the appellant- company with important public duties obligating to undertake, permit, ..... metering charges from the petitioner company in respect of the supply of gas under the contract dated 1.1.1993 is illegal, unauthorized as being contrary to the pricing orders dated 31.12.1991 and continuation thereof and, therefore, being contrary to 18.9.1997 price order is clearly abuse of monopolistic powers and discriminatory.4.27 subsequently the petitioner has amended the prayer which reads as under:'a-1 your lordships may be pleased to issue a writ of mandamus or certiorari or a writ in the nature of ..... fixing the price of natural gas were issued by the government of india in exercise of power under section 3 of the essential commodities act and therefore gail has no right to charge and recover more than the price specified in the ..... wherein the question with regard to appropriate government to raise dispute in respect of a government company and the jurisdiction of high court in the matter of contract labour (regulation and abolition) act, ..... in the case of .....
Tag this Judgment!Court : Gujarat
Reported in : (2003)3GLR2331; (2003)4GLR950
..... of the essential commodities.14.2 having regard to the nature of the public distribution system in the essential articles including kerosene, it is clear that the purpose underlying the public distribution system will be frustrated if the essential articles meant to reach the ration-card holders, who are economically poor persons, at subsidised rates, get diverted to open market for being sold at higher rates, resulting in illicit profits to the dealers who so divert the essential commodity in violation of the public distribution system policy and the provisions of the public distribution system (control) order, 2001 as well as the essential commodities act. ..... , to continue as wholesale dealers in kerosene which existed on the date of amendment, were not taken away until the expiry of the date of validity of licences, and further that, those whose applications for grant or renewal of licence were pending on the date of the amendment were not entitled to such licence on account of the amendment order of 2002 unless they acquire the status of company agents or authorized dealers of the company, and also that the amendment order of 2002 did not violate articles 14 or 19(l)(g) of the constitution, rejected the petitions .....
Tag this Judgment!Court : Gujarat
Reported in : (2006)2GLR1615
..... the force of law within the sphere of its legitimate operation.relevant observations in para 11 reads as under:11...if, as we think, the expression sunder the act occurring in section 3 of the act cannot be read as meaning under the act and the bye-laws framed by the registered societies thereunder, then the investment of the joint registrar by the government with all the powers of the registrar under the act and the notification issued on 13th june,1956 cannot make the approval given by the joint registrar to the resolution of the ..... the learned single judge came to the conclusion, and in our opinion rightly, that in the absence of any detailed particulars of the alleged irregularities in the notice issued to the bank under rule 176 and in the absence of report of the kerala public men's (corruption, investigation and enquiries) commission being made available to the bank or the persons appointed, it is not open to the registrar to come to the conclusion about the irregularity and said conclusion is vitiated on account of gross violation of the ..... alia alleged that the petition under article 226 is not maintainable; petitioner is having alternative remedy under the industrial disputes act, 1947 and ..... the act is very much clear that the registrar is having control only in respect of the matters relating to constitution, management and business of the society and beyond that, registrar is not having any control over the ..... continuing ..... the interest of co-operative movement, it is essential .....
Tag this Judgment!Court : Gujarat
Reported in : [1995]95CompCas663(Guj)
..... burden. agreeing with the plea of the food controller that the measure was adopted upon the extreme difficulty of the situation in which the country found itself owing to the war and the importance of securing and maintaining vital supplies essential for life, lord buckmater, while hearing the appeal by the attorney-general, in the house of lords, dismissed the appeal by holding that the statute has confined the duties of the food controller to regulating the supply and consumption of food and taking the necessary steps for maintaining proper supplies and observed : 'the powers so ..... 153. in the context of the present controversy, it is not the contention of the any of the parties that any provision or act, regulation or rules is not compatible with each other and requires harmonious construction requiring the ironing out of creases with reference to the requirement of article 300a, the remnant of article 19(1)(g) and article 31 since deleted, is that the authority of law for depriving a person of his property requisitioned under the constitution need be specifically through a law framed by legislative ..... remedy. and then the office of all the judges is always to make such construction as shall suppress the mischief and advance the remedy, and to suppress subtle inventions and evasions for the continuance of the mischief and pro privato commodo, and to add force and life to the cure and remedy according to the true intent of the makers of the .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1980Guj89; (1980)1GLR103
..... it was emphasised by the learned advocate for the plaintiff landlords that the material portion of the definition of word 'tenant' in section 5(11) of the, bombay, rent act, as in force in gujarat, is in primavera with the definition in the madhya pradesh accommodation control act, 1961, since every person remaining after determination of the lease in possession of the redness is included in the definition of the term 'tenant' in the bombay rent act as was the position under the madhya pradesh accommodation control act with which the supreme court was concerned in damadilal's case.13. ..... held that the word 'tenant' as defined in the bombay rent act took within its sweep contractual as wen as statutory tenant and the latter has the same power to sublet as the former since the bombay rent act has undoubtedly created a right in such a tenant to continue in occupation of the property which he can always transfer.11. ..... the supreme court thereafter referred to the various state rent control acts such as tamil nadu rent act, bombay rent control act, kerala lease and rent control act, east punl jab urban rent restriction act an,1 madhya pradesh and andhra pradesh state rents acts etc. ..... did not decide corectly when it held that a notice is essential for bringing to an end the relationship of landlord and tenant under the madhya pradesh rent act, 1955. ..... williams (1970) 1 wlr 1530, one mrs. .....
Tag this Judgment!Court : Gujarat
Reported in : (1980)2GLR376
..... it was a case under madras essential articles control and requisitioning (temporary powers) act, 1949. ..... and the notified order ..... it provides as under:in exercise of the powers conferred by section 5 of the essential commodities act, 1955 (10 of 1955), the central government hereby directs that the power to make orders under sub-section (1) of section 3 of the said act, to provide for the prohibition of, or the imposition of restrictions on, the storage of foodstuffs shall be exercisable also by a state government:provided that before making an order relating to the aforesaid matter, a state government shall obtain the prior concurrence of the central government.we are referring to this order to bring into bold relief the distinction in language used in this order ..... air 1970 mysore 289. ..... : [1970]1scr156 . .....
Tag this Judgment!Court : Gujarat
Reported in : [1976]46CompCas227(Guj)
..... that apart, the existence of the conditions precedent for the exercise of such power is manifest on the face of the 1970 act and even assuming that such formal action is necessary and has not been taken still, in the facts and circumstances of the case, it cannot be said for that reason that the transferor-company still continues to be a banking ..... these business magnates usually hold controlling interest in the equity capital of the company or can procure proxies in diverse ways and since the few shareholders who personally attend the meeting do not necessarily represent the informed opinion, such schemes are often pushed through even with more than the statutory majority. ..... halsbury's laws of england, third edition, volume 2, article 277, at pages 150-151, it has been observed : 'a 'banker'is an individual, partnership or corporation whose sole or predominating business is banking, that is, the receipt of money on current or deposit account and the payment of cheques drawn by and the collection of cheques paid in by a customer.' 10. ..... the foregoing discussion reveals that having regard to the circumstances of the case, no ground exists to withhold sanction to the scheme of amalgamation in its essentially broad ..... however, it is essential to remember that in the end what has to be decided in each case is a question of fact, namely, whether to accord sanction or not, and circumstances are so infinitely various that, however, carefully general rules are framed, they must be construed .....
Tag this Judgment!Court : Gujarat
Reported in : (1983)34CTR(Guj)230; (1983)1GLR623; [1983]142ITR211(Guj)
..... article 39, which forms part of the directive principles of state policy, gives a mandate to the state to direct its policy towards securing, inter alia : '(b) that the ownership and control of the material resources of the community are so distributed as best to subserve the common god; and (c) that the operation of the economic system does not result in the concentration of wealth and means of production to the ..... also to check the circulation of black money by empowering the central government to acquire immovable properties, including agricultural lands, at prices which correspond to those recorded in the sale deeds, and (ii) to improve the present arrangement for valuation for the purposes of income-tax, wealth-tax and gift-tax laws of buildings and lands and other assess, by augmenting the set-up of the official valuation machinery and enhancing its powers on the one hand, ..... inasmuch as the protection accorded to tenants against eviction by the bombay rent act is sought to be taken away from this class of occupants while tenants of other properties continue to receive the same ..... the scheme of chap.xx-a is essentially to penalise the tax-dodges who seek to evade payment of tax by resorting to the dubious method of undervaluing the property transferred under the ..... the upper floors were let to the partners of satkar hotel and restaurant under two separate rent-notes of march, 1968, in respect of the first floor and june, 1970, in respect of the second and the ..... state of kerala, : .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1993Guj20
..... in this petition, filed under article 226 of the constitution of india, the petitioners have challenged the constitutional validity of section 3 of the essential commodities act, 1955 and clause 21a of the cotton textile (control) order, 1948 as well as the legality and validity of the orders dated 7-1-1978, 7-4-1978, 27-4-1978, 11-8-1978, 27-12-1978, 29/30th december, 1978 passed by the textile commissioner and the order dated 8th july, 1979 passed by the central government under the provisions of the cotton textile (control) order, 1948, which have been produced at annexures e (i), d, e(ii), g. h, i. ..... referred decision of thehon'ble supreme court of india, we are of the view that the delegation of powers under clause 21a of the order of 1948 is valid and itdoes not suffer from vice of excessive delega- tion.even otherwise, reading section 3 of the act with the preamble, it would be obvious that the object of the act is to provide control over production, supply and distribution and trade and commerce in essential commodities in the interest of the general public so that the supplies of such commodities may be maintained or increased, their quitable distribution ..... the order of 1948 issued under the provisions of the essential supplies (temporary powers) act, 1946 has been continued to be in force under the essential commodities act, 1955. ..... union of india, air 1970 sc 1453. .....
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