Court : Gujarat
Reported in : (2008)1GLR124
..... discharge/dismissal/retrenchment or termination shall be deemed to be an industrial dispute notwithstanding that no other workman nor any union of workmen is a party to the dispute. the definition of section 2(k) of industrial disputes act, where, in gujarat amendment, in section 2(k), at the end, insert the words and letters sbut does ..... . therefore, as per the aforesaid notification, assistant commissioner of labour, gandhidham (kachchh) in respect to the factories those who are situated in the area of free trade zone if any dispute w.e.f. 1st april 2004 covered by special economic zone/development officers having the jurisdiction w.e.f. 30th march 2004 and assistant ..... labour, gandhidham. 17. therefore, according to my opinion, the sufficient care which is to be taken by labour court, gandhidham in respect to the new act, amended act and new provisions not taken by labour court, he should have to be little careful before dealing with such contentions and he has authorised that he can call .....
Tag this Judgment!Court : Gujarat
Reported in : (1996)131CTR(Guj)52; [1996]219ITR427(Guj)
..... to evade tax which is sine qua non for the exercise of power of pre-emptive purchase under s. 269ud(1a) of the act as held by the supreme court in the case of c. b. gautam vs . union of india & ors. : [1993]199itr530(sc) . 6. on the other hand mr. thakore, learned standing counsel for the revenue, relied ..... agreement between the parties was not a proper agreement as already held by the previous order dt. 19th july, 1989. in the background of the aforesaid facts, tanvi trading filed a writ petition before delhi high court and challenged the orders of the appropriate authority. the learned counsel appearing for the appropriate authority defended the orders on the ..... matter, the controversy appears to have been set at rest by the hon'ble supreme court, the above decision of the delhi high court in the case of tanvi trading (supra) has been affirmed by the hon'ble the supreme court. their lordships of the hon'ble supreme court while dismissing the appeal preferred by the appropriate authority .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1983Guj86
..... be advantageous to refer to the decision of the supreme court in akadasi padhan v. state of orissa, air 1963 sc 1047 wherein the validity of the orissa (control of trade) act 1961 was challenged as violative of article 19(1) (f) & (g) of the constitution. the petitioner akadasi padhan was the owner of 130 acres of land in village ..... leaves. kendu leaves were used for the manufacture of bidis. prior to 1961 the petitioner carried on extensive trade in the sale of kendu leaves by transporting them to various places in and outside the district of sambalpur, bui since the act was passed in 1961 and was brought in to force with effect from 3rd jan. 1962 the state ..... acquired a monopoly in the trade of kendu leave and that put severe restrictions on the fundamental rights of the petitioner under article 19 .....
Tag this Judgment!Court : Gujarat
Reported in : 2008(120)ECC231; 2008(156)LC231(Gujarat); 2008(232)ELT600(Guj)
..... to be the owner of the goods, he is entitled to re-export the same.8. the letters patent appeal preferred by the collector of customs and the union of india was dismissed by the division bench affirming the reasoning of the learned single judge in its entirety.10. for a proper appreciation of the controversy arising herein ..... in his name which got cancelled and as such, the foreign supplier's rights with reference to the goods were sought to be established for smooth functioning of foreign trade.10.1 the commissioner of customs has considered the facts of the present case in the same paragraph as under:this case, however, as explained above, is with ..... the goods were imported, they were covered by a valid import licence. the subsequent cancellation thereof is of no consequence inasmuch as section iii(d) of the customs act provided for confiscation of the imported goods only where they are imported contrary to law. even if the second respondent was guilty of any misuse or of noncompliance with .....
Tag this Judgment!Court : Gujarat
Reported in : (1995)123CTR(Guj)105; [1994]209ITR608(Guj)
..... there was an attempt to evade tax. this is made abundantly clear by the supreme court in the case of c.b. gautam v. union of india : [1993]199itr530(sc) . the relevant observations of the supreme court are as under (at page 553) : 'as we ..... trust) for a sum of rs. 20 lakhs. the third respondent is a public charitable trust registered under the bombay public trusts act, 1950 ('the act', for short). the trust filed an application on february 25, 1993, before the charity commissioner for seeking permission to sell the ..... is the preliminary step which is required to be undertaken before giving opportunity of hearing under section 269ud(1a) of the income-tax act. 10. while considering the contents of show-cause notice in a matter arising in connection with a disciplinary proceeding under the punjab civil ..... b. shah, j. 1. it is the contention of the petitioner that it is a registered non-trading corporation and that its president, shri mahesh kalubhai bhatt, entered into an agreement on june 10, 1992 .....
Tag this Judgment!Court : Gujarat
Reported in : (2009)3GLR2065
..... the authority in the state of andhra pradesh is without merits. mr. vasavada relied upon the judgment of division bench of this court in the case between textiles labour union, nadiad v. union of india and ors. reported in : 2007 (2) glr 1202.4. for the purpose of considering and deciding the contentions raised by the petitioner herein, it ..... engg. enterprises (p) ltd. : 1994 (4) scc 710 and in o.n.g.c. v. utpal kumar basu : 1994 (4) scc 711, which were all disputes pertaining to trade and business. on the other hand, in service matters, where the employee in one state is transferred to another state, the employee has no option but to join at the ..... is relevant and necessary to take into account the provisions under the 1979 act as well as the provisions contained under payment of wages act. under the 1979 act, the term 'inter-state .....
Tag this Judgment!Court : Gujarat
Reported in : 2009CriLJ3582; (2009)3GLR2214
..... circumstances in the present case and, therefore, on the facts, this decision also would not help the prosecution. thereafter, a decision in the matter of thaman kumar v. state of union territory of chandigarh as reported in : (2003) 6 scc 380 : 2003 cri lj 3070 is relied on by learned app. but the facts of the said case also are ..... which we are discussing at this juncture. reliance is placed on the decision of the nagpur high court in the matter of raghunath v. emperor as reported in air 1926 nagpur 119, wherein it is a case of strangulation of the deceased by the accused and double knot was found wherein it was observed that a person wishing to ..... and the accused (alone) who had strangulated his wife femidabanu and had caused the death. it is submitted that the appellant-accused had strong motive for committing this heinous act. the relatives i.e. parents of the deceased though have turned hostile, but so far as the aspect of cruelty is concerned, it has been established beyond doubt that .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1966Guj71
..... questioning the decision of the appellate court and disturbing its finality unless he was supported by a body of workers who had formed a registered union. the act has recognised unions and representative bodies which are created for the protection of the interest of workmen and through, which certain rights and grievances of the workmen ..... completion of proceedings before the conciliator or where the employer has offered in writing before the conciliator to submit the dispute to arbitration under this act and the union has not agreed to do so or unless the dispute is first submitted to the conciliator and the conciliation proceedings are completed or the conciliator ..... section 83a or the industrial court:provided further that no employee shall be entitled to appear through any person in any proceeding under this act in which a representative union has appeared as the representative of employees.'the legislature seems apparently to have regarded it as being in the interest of labour that it .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1973Guj15
..... jurisdiction of the district court. there may be various statutes which may provided for appeal from the decisions of tribunal to the district court. the bombay land requisition act, 1948, is an example of one such statute. wherever jurisdiction is conferred by statute on the district court to review the decision of an inferior tribunal, it ..... with an application under section 72 is appellate jurisdiction.6. the appellant and respondent no. 4 relied on sections 7, 8 and 16 of the bombay civil court act, 1869 and contended that these section showed that the jurisdiction conferred on the district court under section 72 was not appellant jurisdiction. the argument of he appellants and ..... in the fact so held by a division bench of this court in sahitalal v. fulchad, (1926) 3 guj lr 117. but the question to before us is not whether, according to the diction adopted by the legislature in enacting the act a proceeding under section 72 is an appeal or not. the question section before us is a .....
Tag this Judgment!Court : Gujarat
Reported in : (2006)3GLR1873
..... to one agency. in this connection, mr. nanavati has relied upon the decision of the supreme court in the case of narinderjit singh sahni and another v. union of india and others, air 2001 sc 3810.83. mr. kamal trivedi, learned additional advocate general appearing for state of gujarat submitted that in exercise of powers ..... in the memo of petition and in the booklet jagrut parivar but now the petitioners have realised that they have to face prosecution because of their illegal act of preparing, publishing, editing, circulating and dispatching defamatory material by publishing the booklet jagrut parivar and therefore they are saying that they have not published the ..... opinion was prejudicial to the furtherance of the cause itself should be discouraged and therefore the petitioners did not submit to her dictates and they preferred to act as per the dictates of their consciences.13. it is also emphasised in the petition that resultant situation was invisible hand of respondent no.2 in .....
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