Court : Gujarat
Reported in : (1981)22GLR524
..... of a nagarpalika who was dismissed from service pursuant to an order which was held to be null and void by a competent court namely:(1) whether the right to invoke the jurisdiction of the labour court by way of a recovery application under section 33c(2) of the industrial disputes act, 1947 is lost in case the employee concerned has failed to claim the relief for wages in the suit in which the impugned order of dismissal was held to be void? ..... under the circumstances, it cannot be said that the right to invoke the jurisdiction of the labour court under section 33c(2) is lost merely because the petitioner has lost a right to institute a fresh civil suit claiming the reliefs which he has claimed in the recovery ..... so far as the first question is concerned, the labour court at surat has rejected the recovery application made by the petitioner under section 33c(2) of the industrial disputes act, 1947 by the impugned order at annexure 'a' dated 4-3-78 mainly on the ground that the petitioner having failed to claim the relief for wages subsequent to the date of the institution of the ..... order 2 rule 2 does not apply pro-prio vigore to a proceeding under the industrial disputes act and (2) because what is subsequently instituted is not a civil suit but a proceeding under section 33c(2) of industrial dispute act, the bar is created in order to foreclose a recourse to the same forum (civil suit ..... wadke : (1975)iillj445sc , the petitioner could have pursued one of the two alternative remedies .....
Tag this Judgment!Court : Gujarat
Reported in : (1996)2GLR512
..... though under section 29(2), the high court has little wider jurisdiction than the one section 115 of the code of civil procedure, 1908, the revisional power or jurisdiction can only be exercised for a limited purpose, with a view to satisfying itself that the impugned decision or order is in accordance with law or ..... the revisional court while examining the merits of the revision under section 29(2) cannot substitute its own views or findings in place of the findings of the courts below when the view or ultimate conclusion impugned in the revision is plausible, possible and ..... the landlady by an application under section 11(4) of the rent act for an order of the court to the defendant directing the defendant for depositing rent which was then due at ..... the trial court passed the order under section 11(4) and directed the defendant- tenant to deposit amount of ..... eviction decree as recorded by the trial court in respect of the demised premises against the tenant on the ground of non-payment of rent under section 12(3)(b) came to be confirmed by the appellate court. ..... this revision under section 29(2) of the bombay rents, hotel and lodging house rates control act, 1947 ('the rent act' for short), the main question that falls for consideration is, as to whether the- tenant is entitled to claim protection of section 12(3)(b) of the rent act?2. ..... 2632 of 1975 in the small cause court at baroda against the tenant for recovery of possession of the demised premises and for recovery of amount of .....
Tag this Judgment!Court : Gujarat
Reported in : (1989)1GLR678
..... large-scale business, the owner, whether natural person or a limited company, could not personally supervise the activities of all his servants which might lead to the commission of an offence under the 1968 act; it would therefore be consistent with the taking of reasonable precautions and the exercise of due diligence to institute an effective system to avoid the commission of offences under which superior servants were instructed to ..... supervise inferiors servants whose acts might otherwise lead to the commission of an offence; this was not the delegation of the duty to exercise due diligence but the performance of that duty; when the owner was a limited company ..... petitions are filed under section 482 of the code of criminal procedure, invoking inherent jurisdiction of this court and praying ..... company had exercised all due diligence was a question of fact but, if it had done so, there was no rule that it was nevertheless liable for the act or default of one of its subordinate managers who was not identifiable with the company if that act or default consisted of a failure on the manager's part properly to exercise supervisory functions over other servants of the company; the manager's failure would, on the ..... to a case reported at 45 (1975) company cases 16 esso standard inc .....
Tag this Judgment!Court : Gujarat
Reported in : (1996)1GLR96
..... it was a case wherein the tenant has shifted to foreign country, leaving the mother, sisters and brother in the tenanted house and while examining the case for a decree of eviction under delhi rent control act (59 of 1958), the supreme court has said that, it cannot be said that the mother, the sisters and the brother have ceased to be the members of the family and therefore, they cannot be evicted on such a ..... but looking to the peculiar facts and circumstances of the case before the supreme court and looking to the controversy which was required to be resolved under the relevant provisions of the delhi rent control act (59 of 1958) on the basis of the facts and circumstances of that case, it appears that the said decision would not be of much assistance to this court in deciding the question regarding the sub-letting or the transfer or ..... this decision, while examining the case under the delhi rent control act (59 of 1958) and especially the provisions contained under section 39(2) of the same, says that, raising a point in the memorandum of appeal is not sufficient to show that the point was argued or pressed before the appellate court and the statement in the judgment that no such point ..... it is clear and not in dispute before me that, in the revisional jurisdiction, this court would examine the contention being raised by the counsel for the parties before this court only, if a contention in this respect came to be raised and decided by the court ..... tent house on 25th july 1975. .....
Tag this Judgment!Court : Gujarat
Reported in : (1983)2GLR1364
..... the provisions contained in section 90, order 14, rule 6 and order 36, rules i to 5 are not purely matters of procedure and that being so, it cannot be claimed that the court acting under section 153, companies act, 1913, has all the powers which are conferred under the code of civil procedure upon a court of civil jurisdiction dealing with a suit.10. ..... parties, the mortgagor is entitled to go to a court of law to enforce his right.relying on the said ratio, the learned advocate for the petitioner has invited us to examine various provisions of the bombay rent act in order to submit that the scheme of the bombay rent act is such that the standard rent should be decided by the court even if an application for fixation of standard rent is dismissed for default and a fresh application for the purpose is filed. ..... for execution of any decree or order passed in any such suit or proceeding.rule 9-b of the bombay rent control rules provides as under:in miscellaneous applications a court of small causes established under the provincial small cause courts act, 1887, shall follow as far as may be and with the necessary modifications, the procedure applicable to suits or proceedings referred to in rule 9-a as if such applications were suits of the description referred to therein.3. ..... in this case, the applicant-tenant had filed an application no 836 of 1975 for fixation of standard rent in the court of the civil judge (junior division) baroda. .....
Tag this Judgment!Court : Gujarat
Reported in : (1975)16GLR835
..... : [1972]2scr874a , the supreme court has emphasised the need for interpreting the expression 'sufficient cause' employed in section 5 of the limitation act in a liberal manner so as to advance the cause of substantial justice particularly when no negligence or inaction or want of bona fides is imputable to a party. ..... in fact, if the decision of the lower court is perverse, the high court can interfere even in exercise of its revisional jurisdiction under section 115 of the code of civil procedure. ..... ) no reasonable person can conclude that the petitioner was either negligent or inactive or that he was acting with mala fides. .....
Tag this Judgment!Court : Gujarat
Reported in : (1984)1GLR566
..... 5th august 1980 the chemical mazdoor sabha had passed a resolution accepting the impugned award and appealing the management also to accept and implement the award and acting upon such acceptance by the workmen, the management had acted to its own detriment by fully implementing the award and by desisting from challenging the same by further proceedings and, therefore, the petitioners are estopped from challenging the award and the high ..... as long as all relevant factors appertaining to that industry, industry-wise and region-wise have been considered and the capacity of a fair cross-section of that industry to pay in that region has been ascertained, the recommendations of the wage board cannot be held to be invalid. ..... as far as correction in the scheme is concerned it is not within our jurisdiction and therefore the second option only remains to be considered by us.41. ..... it is too much to believe that such an organisation would act on such loose and indefinite representation and would make payments of millions of rupees, without first making clear in so many terms in writing from both the unions. ..... for the years 1974,1975 and 1976, that this amount should be utilised for the purpose of meeting the housing needs of such number of its workers as is possible with the assistance of all other available resources, loans, subsidies, etc. ..... union of india : [1975]3scr499 .15. .....
Tag this Judgment!Court : Gujarat
Reported in : (1976)17GLR427
..... it was then argued that the complaint under the gold control act required to be instituted by a gold control officer having jurisdiction over the area in which the offence is committed or any person authorised by him in writing in this behalf under section 97 of the gold control act and that the assistant collector of customs at ahmedabad who had instituted the complaint was not an officer who had jurisdiction in regard to the area in which the offence was committed ..... in the form of come, whether legal tender or not, in the form of bullion or into whether refined or not and jewellery or articles made wholly or mainly of gold a notification as contemplated by section 8 of the foreign exchange regulation act, 1947, was issued by the central government on 25th august 1948 the said notification as amended upto 31st july 1958 has been published in the exchange control manual (sixth edition) 1971 used the reserve ..... other law which may be in force at the material timeandat the material time foreign exchange regulation act 1947 was m force section 8 of that act provides that central government may by notification in the official gazette order that subject to such exemn tions, if any, as may be contained in the notification no person shall except with the general or special permission of the ..... surely the collector of central excise at ahmedabad was the person who had jurisdiction over the area in which the offence was committed (the offence was committed in ahmedabad ..... of 1975. ..... of 1975. .....
Tag this Judgment!Court : Gujarat
Reported in : (1976)17GLR96
..... there is also no evidence for the offences under sections 110 and 117 of the bombay police act and therefore his acquittal under these offences is also maintained.in the result, therefore, this appeal is partly allowed and the order ofacquittal of the accused under section 85(1)(3) of bombay prohibition act and sections 110 and 117 of the bombay police act is maintained and acquittal of the accused under section 66(1)(b) of the act is set aside and he is ordered to suffer s.i ..... the prosecution has come forward with a definite case against the accused that he has consumed liquor within the jurisdiction of the court of the learned magistrate, who has tried this case. ..... all that this decision says is that the offence in question can be said to have been committed by the offender, if it is proved that he has consumed liquor in contravention of the provisions of the act and, therefore, it is necessary for the prosecution to prove that the liquor was consumed within the prohibited area i.e. ..... , his conviction under section 85(1)(3) of the bombay prohibition act cannot be justified. ..... respondent-accused is found to have committed offence under section 66(1)(b) of the bombay prohibition act. ..... percentage of alcohol is admittedly more than what 4 contemplated by section 66(2) of the act.3. ..... /73 of his file, acquitting the respondent-accused of the offences under sections 66(1)(b) and 85(1)(3) of the bombay prohibition act.2. ..... acquittal of the accused under that section is, therefore, maintained. .....
Tag this Judgment!Court : Gujarat
Reported in : (1976)17GLR335
..... kanhaiya lal misra : 1960crilj1246 , the supreme court has considered the provisions of section 488 of the old code and has held that this section does not contemplate a preliminary inquiry before issuing a notice but lays down that all evidence under that chapter should be taken in the presence of the respondent or his pleader, indicating thereby that one inquiry ..... on receipt of this letter, this court exercised suo motu jurisdiction as the point involved was of general importance as regards the practice to be adopted by the courts of the magistrate in such cases in this state. ..... the said advocate drew the attention of this court that in maintenance applications filed under section 125 of the criminal procedure code, 1973, the practice followed by the learned magistrate is to call the application for verification as contemplated by section 202 of the code and that this practice is not warranted by law, because, an application for maintenane filed under section 125 of the code, is not a 'complaint contemplated by section 202 of the code. ..... therefore, the question is whether an application for maintenance filed under section 125 of the code can be treated as a complaint of an offence. ..... the facts of this case show that one lalitaben chaturbhai filed a maintenance application under section 125 of the code in the court of the j.m.f.g. ..... the word offence is defined in clause (n) as meaning any act or omission made punishable by any law for the time being in force. .....
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