Court : Gujarat
Reported in : [1995]95CompCas663(Guj)
..... or to the orderly development of the securities market. for this purpose, it places reliance on sections 11, 11b of the act and regulation 12 of the national stock exchange capital market trading regulations, 1995 (hereinafter referred to as 'regulations of 1995'), for asserting the requisite authority of law at its command. 81 ..... limits to infer the fulfilment of the constitutional requirement when the same had not been complied with. 151. in this connection reference was also made to union of india v. sankalchand himatlal sheth, 0065/1977 : [1978]1scr423 , to buttress the aforesaid contention of purposive interpretation of a remedial legislation. i ..... haryana : (1995)iillj77sc , concerned cancellation of selection list on finding that the process of selection was stinking, conceived in fraud and delivered in deceipt, and union of india v. anand kumar pandey, : (1995)iillj25sc dealt with a case where candidates at the selection examination adopted mass scale unfair means, obviously cannot .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1975Guj39
..... when the meaning of a statute is plain and free from ambiguity'. lord loreburn l. c. said in west ham union v. edmonton union, (1908) a. c. 1 at page 4:'great importance is to be attached to old authorities on the strength of ..... regulations now in force' were retained. the calcutta high court in a decision giver, in india electric works v. registar of trade marks, : air1947cal49 inferred from this change that the appellate jurisdiction of the high court as specified in clause 16 was confined ..... are concerned. they are governed by section 98. the next decision which followed was that in prafulla kamini v. bhabani nath, air 1926 cal 121. in this case page who was a party to the judgment in : air1924cal855 (supra) changed his opinion and held ..... william in bengal, madras, and bombay and section 9 provided that'each of the high courts to be established under this act shall have and exercise all such civil, criminal ......jurisdiction, original and appellate and all such powers and authority for, and .....
Tag this Judgment!Court : Gujarat
Reported in : (1994)2GLR1234; (1994)IILLJ1234Guj
..... it does not dispense with legal proof that it to say proof in accordance with the principles laid down in the indian evidence act.' in the case before the calcutta high court the trade union which was conducting case of the respondents-workmen sent to the tribunal alleged copy of the petition and slip of paper purporting to ..... to raise the contention that the concerned workman was not a workman within the meaning of the expression under the act. therefore, the tribunal was wholly in error in holding that if the contention of the union were to prevail, the well laid rule of no estoppel against a statute would be violated.' in the present ..... this stage at least. (ii) in j. k. iron & steel company ltd., kanpur v. the iron and steel mazdoor union, kanpur : (1956)illj227sc , the supreme court observed after examining the relevant provisions of the industrial disputes act and u. p. state industrial tribunal's standing orders, 1951, that : 'though these tribunals are not bound by all the .....
Tag this Judgment!Court : Gujarat
Reported in : (2009)2GLR1158
..... on behalf respondents the appeals have been resisted by the customers of the assignor banks viz. the company (in liquidation), the official liquidator, the representative of the union of the workmen, to contend that the transaction in question cannot be held to be justified in law because both the assignor and the assignee banks are bodies corporate ..... the footing that any one of the clauses of sub-section (1) of section 6 of the b.r. act permits the activity of trading in debts with underlying security yet section 8 of the b.r. act prohibits such trading and, therefore, unless and until the activity is one which either falls in clause (o) of sub-section ( ..... parties in the provisions of chapter xx-c. similarly, as recently as in 2004 when the provisions of the securitisation act were challenged, as originally framed, in the case of mardia chemicals ltd. and ors. v. union of india and ors. : air2004sc2371 , the apex court has read in the requirement of a duty of meaningfully considering .....
Tag this Judgment!Court : Gujarat
Reported in : (2001)2GLR1224
..... that they could not detect the fraud earlier, and hence there was a delay. however, from one criminal complaint which came to be filed by one ashim roy of the trade union, they came to know about the same somewhere in the month of may 1987. notice was, therefore, given on june 14, 1987 and as the person did not ..... of the company is party respondent no. 3. learned counsel drew our attention to a decision in the case of radhe lal v. east india railway, reported in air 1926 patna 40 to point out that if upon a fare reading of the plaint it is made out that the description of the defendant is a mere error and that ..... also pointed out that the apex court, in the case of afsar shaikh & ors. v. soleman bibi & ors., reported in : [1976]2scr327 , while examining section 16 of the contract act in respect of undue influence, made it abundantly clear that general allegations would not do. the apex court made it clear that :'although 'undue influence', 'fraud', 'misrepresentation' are cognate vices .....
Tag this Judgment!Court : Gujarat
Reported in : [1976]46CompCas1(Guj); (1976)1GLR555
..... kind except those authorised by or under the act, and sub-section (2) recounts permissible deductions. 11. sub-section (2) (ii) of section 7 reads as under : '(ii) deductions made with the written authorisation of - (i) the employed person; or (ii) the president or secretary of the registered trade union of which the employed person is a ..... clause (ii) is limited in its application to the deduction made with the written authorisation of the employed person or the president or secretary of the registered union of which the employed person is a member for contribution to the national defence fund or to any defence savings scheme approved by the state government. such ..... of the company formed a co-operative credit society which came to be incorporated on 7th june, 1943, under what is styled as 'baroda co-operative societies nibandh, 1926' and this becomes evident from the certificate of registration issued by the co-operative officer on 12th june, 1943, which is annexure 'a' to the affidavit of .....
Tag this Judgment!Court : Gujarat
Reported in : [2003]116CompCas248(Guj)
..... raised on behalf of the company, argued that the petitioners were creditors within the meaning of section 439(1)(b) of the said act. though the global note was in the name of the nominee of the dtc, trading was done in the notes and portions or entitlements of the notes by persons owning them whose names were recorded in the records ..... thereafter be read and construed in such a way that there is no need to refer to the amending act at all. (q) the decision of the supreme court in mahindra & mahindra ltd. v. union of india : [1979]2scr1038 was referred to for the proposition that the effect of incorporation is as if the provisions incorporated were written out in the ..... (2) of section 4 is written out in the explanation, there was no occasion or need to refer to the central act from which this incorporation was made or to its purpose or context. (s) the decision in voltas ltd. v. union of india 1995 (supp) (2)scc 498 was cited for the proposition that, a deeming provision should be given its .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1962Guj21; (1961)GLR635; (1961)0GLR165
..... for the respondents contends that this letter of resignation is a letter of resignation from the municipality, as there is no provision in the bombay municipal boroughs act, 1926, with regard to the resignation from one of the committees of the municipality and that the only provision in that ..... or in a committee appointed under section 38 and vacancies occurring in any other committee, and provides for the procedure to be followed in filling up such vacancies. the act does contem-' plate resignation and other types of vacancies even in regard to the membership of committees of the municipality. in any case, it is clear that the ..... by three persons praying for an appropriate writ to direct the first respondent, who is the president of the baroda borough municipality, to desist from preventing the petitioners from acting as councillors of the baroda municipality.2. the facts relevant for the purpose of deciding this petition are as under - the three petitioners are councillors of baroda borough .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1966Guj239; 1966CriLJ1128; (1966)0GLR544
..... case 15 cases were filed before the magistrate against the accused for breach of the provisions of the bombay municipal boroughs act, 1926, 9 cases being of breach of section 169 and 6 cases of breach of section 160 of that act. the evidence was recorded in one of those cases by the magistrate. this was done at the suggestion of ..... such evidence cannot be sustained. 9. the learned assistant government pleader invited my attention to the decision of the bombay high court in emperor v. har-jivan valji, air 1926 bom 281. that was a case where the accused was alleged to have committed a breach of the octroi law of the municipality. three cases were filed against him ..... examined in a proceeding between the parties, is dead or is not available though living for any of the reasons set out in section 33 of the indian evidence act. in such a case, it is permissible to have his evidence given in the earlier proceeding brought on record as evidence at the subsequent proceeding. if the conditions .....
Tag this Judgment!Court : Gujarat
Reported in : (1986)2GLR910
..... rights, particularly having regard to the nature of the services rendered and the duties performed by the institute for which these workmen were engaged. the routine trade union methods of demonstration and agitation including that of gherao etc. were hardly befitting the role which the workmen have to play in an organisation set up ..... by means of a writ, direction or order under article 226 of the constitution and then to ask the applicant to seek it by other regular act remedies (see: union of india v. t.r. varma : (1958)iillj259sc ). since the present case before us raises a wider question of great public importance as ..... cases like the present one where the trustees fail to obey the lawful-directions of the settlement without obtaining appropriate directions from competent authority under the aforesaid act. the high court, before exercising the jurisdiction would certainly consider whether it should exercise such jurisdiction or should relegate the parties to the special machinery .....
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