Court : Gujarat
Reported in : (1994)1GLR279
..... the illustrations are not that far to seek, and to cite few such alleged illustrations (i) the illegal encroachments on foot-paths of the public road around the traffic point, which though is made for pedestrains is challengingly occupied by illegal encroachers, and we see that despite the provision in the bombay police act, 1951, nothing is done! ..... 7) to carry out the raid, (iii) for this purpose, p.s.i also called upon services of panchas and in their presence raided the 'bhunga' (hut) of the respondent-accused, (iv) on calling the respondent-accused by name, the respondeiit himself came out, (v) and thereafser, on canying out search of the entire house, a country-gun was recovered at the instance of the accused only from the barrel, (vi) below the search warrant, signatures of the accused was obtained alongwith that panch-witnesses, (vii) at the time of seizure also, the panchnama (exh. ..... vora, the learned advocate is present with the respondent-accused ibrahim salu koli, and has submitted a short affidavit stating to the effect that: (i) the respondent was a poor labourer and the sole bread-winner for his family which consists of six members including the children, his old parents and ailing wife; (ii) that in his absence, there is no other family member to take care of his family; (iii) that he earns around rs. .....
Tag this Judgment!Court : Gujarat
Reported in : (1986)1GLR41
..... sub-section (1) of section 25 of the bombay police act, 1951 provides that the state government or any officer authorised by sub-section (2) in that behalf may suspend, reduce, dismiss or remove an inspector or any member of the subordinate ranks of the police force whom he considers cruel perverse, remiss or negligent in the discharge of his duty or unfit for the same clause(c) of sub-section (2) of section 25 of the said enactment next provides that the exercise of any power conferred by the sub-section shall be subject always to such rules and ..... orders as may be made by the ..... bulsar came to be suspended by an order dated july 7, 1984, annexure-a to the petition on the allegation of having prepared false vouchers, made for payment of wages to labourers and for encashing a cheques of rs. .....
Tag this Judgment!Court : Gujarat
Reported in : (2009)226CTR(Guj)652
..... in the circumstances, it is apparent that the tribunal will have to consider the amended provisions of explanation (b) and the appropriate notification issued by government of india under section 11b of the industries development and regulations act, 1951 for the purpose of determining whether the industrial undertaking, or more than one undertaking as contended by the assessee, fulfilled the requisite conditions, including the monetary limit, for being treated as 'ssmall-scale industrial undertaking'.12. ..... on behalf of the respondent-assessee mr.j.p.shah, learned advocate supported the order of the tribunal by pointing out that the assessee had categorically placed on record the evidence to show that each of the units of the assessee were having plant and machinery whose value in aggregate does not exceed the specified limit, but the revenue, instead of treating the assessee to be eligible, only for the purpose of denying the benefit, aggregated the value of each of the independent units and denied the relief. ..... the tribunal further observed that the objection of the revenue that the assessee did not fulfill condition of employing requisite number of workers could not be accepted as employment of labour through a contractor would fulfill the requirement of the provision.5. .....
Tag this Judgment!Court : Gujarat
Reported in : (1968)GLR815; (1968)ILLJ670Guj
..... reads as under : 'notwithstanding anything contained in this act, the state government may, at any time, refer an industrial dispute to the arbitration of the industrial court, if on a report made by the labour officer or otherwise it is satisfied that - (1) by reasons of the continuance of the dispute - (a) a serious outbreak of disorder or a breach of the public peace is likely to occur; or (b) serious or prolonged hardship to a large section of the community is likely to be caused; or (c) the industry concerned is likely to be seriously affected or the prospects and scope for employment therein curtailed; or (2) the dispute is not likely to be settled by other means ..... it will be observed that the provisions of the bombay co-operative societies act, 1925, relating to the settlement of disputes and similar provisions in the gujarat co-operative societies act, 1961, are, in substance, the same except for the fact that in the gujarat act, the words 'notwithstanding anything contained in any other law for the time being in force' have been added in the beginning of the section and the word 'management' has also been added in the category of disputes mentioned in s. ..... 60(1) of the travancore-cochin co-operative societies act, 1951. ..... , 1951 - the chapter in which s. ..... 1951, did not preclude a reference to adjudication under s. .....
Tag this Judgment!Court : Gujarat
Reported in : (2007)1GLR527
..... vasavada is completely unreasonable on the ground that the service of the respondent - workman is terminated in the year 1984 and thereafter, she made reference before the labour court regarding the said termination in the year 1985, thereafter, the award is passed by the labour court in the year 1996 in favour of the present respondent-workman and thereafter, the present petitioner has preferred this special civil application before this court in the year 1997 and after a long period of 9 years, this court examined the matter which involves 22 years period ..... this court has made very clear in body of the judgment that this decision has been given by this court on the basis of fact finding given by the labour court and on the basis of records, therefore, this decision is not made applicable or not to apply any other trade union which is registered under the provisions of trade union act, 1926 not having activities as enumerated and discussed in this case, therefore, this decision is not applicable to other trade union. ..... horton 1951 ac 737 at p. .....
Tag this Judgment!Court : Gujarat
Reported in : (1999)ILLJ664Guj
..... (1) aforesaid and those who would have been absorbed by the company as per clause (2) aforesaid, the parties agree to make a joint application to the commissioner of labour on or before april 18, 1988 requesting to make a joint reference to the industrial tribunal under the provisions of section 10(2) of the industrial disputes act, 1947, for adjudication and the terms of reference will be as under : 'whether the demand of the company not to work the fine chemical plant is justified if yes, what relief the workmen would be entitled to on being discharged as a result of not working ..... (1) aforesaid and those who would have been absorbed by the company as per clause (2) aforesaid, the parties agree to make a joint application to the commissioner of labour on or before april 18, 1988 requesting to make a joint reference to the industrial tribunal under the provisions of section 10(2) of the industrial disputes act, 1947, for adjudication and the terms of reference will be as under : whether the demand of company not to work the fine chemicals plant is justified if yes, what relief the workmen would be entitled to on being discharged as a result of not working ..... goria & sons air 1951 cal. .....
Tag this Judgment!Court : Gujarat
Reported in : [1982]51STC88(Guj)
..... this principle, however, will not apply in the following cases : (a) where the subsequent act and the previous act are supplemental to each other; (b) where the two acts are in pari materia; (c) where the amendment in the previous act, if not imported into the subsequent act also, would render the subsequent act wholly unworkable and ineffectual; and (d) where the amendment of the previous act, either expressly or by necessary intendment, applied the said provisions to the subsequent act.' 23. ..... effect from 1st march, 1955, by the amending act, the appropriate incorporation has to be read in entry 37 of schedule i to the gujarat act since for all intents and purposes the definition of 'cotton fabrics' in item 19 of the first schedule to the excise act must be read accordingly, and though it may appear strange that this definition was not in fact on the statute book, it should be deemed to have been a part of the statute, namely, item 19 of the first schedule to the excise act, as a result of the legal fiction of the retrospectivity granted by the legislative mandate. ..... , said in delhi laws' case [1951] scr 747 that the legislature embodied a policy, defined a standard and directed the authority chosen to act up to certain prescribed limits and not to go beyond them. 27. ..... 'manufacture implies a change, but every change is not manufacture, and yet every change in an article is the result of treatment, labour and manipulation. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1965Guj311; [1965]56ITR399(Guj)
..... on the matter reaching the high court in a revision application by the assessee, the question was whether the interest paid on moneys borrowed for the purchase of the plantation was expenditure of the nature referred to in section 5 (e) of the act and should therefore be deducted in assessing the income of the plantation during the year. ..... of capital expenditure or personal expenses of the assessee ) laid out or expended wholly and exclusively for the purpose of such business profession or vocation'.the first question that would arise is whether the two amounts of interest payable under the deed of lease and the decree respectively and having to be paid by the assessee company by reason of its failure to pay the purchase price when it became due on march 1, 1951 and by reason of the assessee company being given the facility to pay the decretal amount by instalments, in other ..... words by reason of the judgment-creditor forgoing his right .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1986Guj209; (1986)1GLR1
..... , meaning thereby that the labour courts under the bombay industrial relations act, 1946 and industrial disputes act, 1947 and the industrial courts under the bombay industrial relations act, 1946 and industrial disputes act, 1947 are courts and courts subordinate to the high court in terms of section 3 of the contempt of courts act, 1971 or rather section 10 thereof and equally nominee of the registrar acting under section 96 of the gujarat co-operative societies act, 1961 and deciding disputes under section 101 and the co-operative tribunal under ..... then involved four requisites; (1) the presentation (not necessarily orally) of their case by the i parties to the dispute; (2) if the dispute between them is a question of fact, the ascertainment of the fact by means of evidence adduced by the parties to the dispute and often with the assistance of argument by or on behalf of the parties on the evidence; (3) if the dispute between them is a question of law, the submission of legal arguments by the parties; and (4) a decision which disposes of the whole matter by a finding upon the facts in dispute and an application of the law of the land to the facts so found, including where required ..... 36(2) of the representation of the people act, 1951 was a court within the meaning of section 193, 1. p. ..... state industrial tribunal standing orders, 1951.very broadly it follows the pattern of the civil courts. .....
Tag this Judgment!Court : Gujarat
Reported in : (2002)3GLR268; (2003)ILLJ299Guj
..... so far re-appreciation of the evidence is concerned, naturally with a view to find out the justification of imposing penalty of discharge/dismissal by the employer upon the workman, the labour court or the tribunal has to carry out fact-finding exercise but to quash the decision or to substitute the said decision with its own, the labour court or the tribunal has to act within the framework of the wednesbury principle. ..... thakker in support of his contention that the labour courts and the tribunals have wide powers under section 11a to enter into the questions of fact, re-appreciate the evidence and on the strength of the same, come to its own conclusion and to either set aside the order of discharge/dismissal or substitute the same with lesser penalty, if in the opinion of the court or the tribunal that the penalty imposed upon the delinquent is harsh considering the degree of guilt proved against him. mr. ..... considering the fact that respondent has been working with the petitioner bank right from the year 1951 and he had put in 30 years of service before he was discharged from the service and that now he has retired and reached at the age of about 70 years, it is recommended that the petitioner may consider his case for payment of back wages for the period in question at the rate of 50%. ..... the respondent joined the service of petitioner at jamnagar on 1-9-1951 as a peon and subsequently he was promoted to the post of head peon. .....
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