Court : Gujarat
Reported in : (1976)17GLR122
B.J. Divan, C.J.1. The following three questions have been referred for our decision by a division bench of this Court consisting of A.D. Desai and T.U. Mehta JJ. The questions referred to us are as follows:(1) Whether on the court coming to the conclusion that some grounds given for the detention are not according to law and some are valid the court should set aside the entire detention order passed under Section 3 of the Act without attempting to further probe into the question whether the detain ing authority would have passed the order of detention even though some of the grounds are proved to be invalid?(2) When one or more of the several grounds given for preventive detention under Section 3 of the conservation of foreign exchange and prevention of smuggling Activities Act, are found to be irrelevant, or non-existent, or bad whether the whole of the order of detention is vitiated or whether in such cases the court should, by applying the tests of reasonable man exclude the irrele...
Tag this Judgment!Court : Gujarat
Reported in : (1976)17GLR382
T.U. Mehta, J.1. The petitioners of both these writ petitions have challenged the constitutional vires of the Act known as Delhi Special Police Establishment Act, 1946 (Act No. 25 of 1946) and especially Sections 3, 5 and 6 thereof mainly on the ground that these provisions result in excessive delegation of legislative power to the Central Government and also result in encroachment over states power to legislate on the subject of police. This Act is hereinafter referred to either as the impugned Act or the Act.2. Short facts of the case are that the petitioners in both these petitions are limited concerns which run textile mills named the new swadeshi mills and manjushri textiles at Ahmedabad they admittedly belong to Birla group of mills.3. On 13th June, 1967, a first information report alleging the offences under Section 120B read with Section 420 I.P.C., Section 7 of essential commodities Act and Section 5(2) of Act II of 1947, was lodged against the management of these two mills an...
Tag this Judgment!Court : Gujarat
Reported in : (1976)GLR849; (1977)IILLJ27Guj
D.A. Desai, J.1. The petitioner, Messrs. Chandan Metal Products Private Limited has challenged the award made by the industrial Tribunal (Gujarat) in Reference (IT) No. 162 of 1973 between petitioner and its workmen by which the Industrial Tribunal directed that the petitioner should implement the recommendations of the Central Wage Board for Engineering Industries in their application to the petitioner according to the phased out programme as set out in the award itself. 2. Government of India constituted a Wage Board by the Resolution of Ministry of Labour and Employment dated January 12, 1964 for the Engineering Industries. The terms of reference inter alia include : (a) to determine the categories of employees (manual, clerical, supervisory, etc.) who should be brought within the scope of the proposed wage fixation : and (b) to work out a wage structure based on the principles of fair wages as set forth in the report of the Committee on fair wages. The composition of the Wage Board...
Tag this Judgment!Court : Gujarat
Reported in : (1975)16GLR846
T.U. Mehta, J.1. The petitioner herein is the wife of the detenu named Abdul Kadar Abdul Rehman Papad of Surat, and has challenged the detention of her husband ordered by the respondent No. 1, who is the District Magistrate, Surat, under Section 3(1)(c)(i) of the Maintenance of Internal Security Act, 1971 (which is hereinafter referred to as 'The Act') as amended by Ordinance No. 11 of 1974. The said order of detention is passed by the above said authority on 7th October, 1974. By a letter of the same date the respondent No. 1 communicated to the detenu the following three grounds of detention:1. On 12-2-1971 a car bearing registration No. BMZ-6380 in which you were sitting was searched by the Police on the kutcha road near Rameshwar Mahadev close to Kavi in Broach district. The search resulted in the recovery of smuggled goods valued at Rs. 24500/-. inquiries revealed that you had contributed money for the purchase of the smuggled goods under seizure. In this connection the Assistant ...
Tag this Judgment!Court : Gujarat
Reported in : [1974]44CompCas517(Guj); (1975)0GLR193
D.A. Desai, J.1. This appeal by judge's summons is preferred by the Petlad Nagraplika against the decision of the official liquidator of Rajratna Naranbhawi mills company Ltd. (in liquidation) (hereinafter referred to as ' the company'), dated 14th August, 1972, rejecting the claim for priority in payment, claimed by the petitioner in repsect of an amount of Rs. 4,141.69. Petitioner claimed the aforementioned amount form the comapny. The liquidator admitted the claim against the comapny, but declined to given priority in payment as claimed by the petitioner under section 530(10(a) of the Companies Act. Aggrieved by the lAtter part of the order refusing priority in payment, the petitioner has taken out this judge's summons under rule 164 of the Companies (Court) Rules, challenging the order of the liquidator. Property in payment was claimed on the allegation that the petitioner is a local authority and the amount represents the revenue payable by the company tot he local authority. Peti...
Tag this Judgment!Court : Gujarat
Reported in : (1974)ILLJ1Guj
1. The Textile Labour Association, Ahmedabad, on 21st April, 1961, gave a notice of change desiring privilege, casual and sick leave with wages for the workers employed in the textile industry. The privilege leave asked for was with pay and allowances at the rate of one month for every month of service with a right to accumulate the same for three months. The sick leave asked for was at the rate of one month for each year of service subject to a maximum period of twelve months during the whole service. The casual leave asked for was 15 days with full pay and allowances in a calendar year. In addition, pay in lieu of privilege leave was also asked for under certain circumstances. As the mills did not agree and as conciliation proceedings failed, the reference, being Reference (IC) No. 103 of 1961, came to be made. In the said Reference the Ahmedabad Mill Owners' Association objected to the demand, amongst others, on certain preliminary legal grounds. Those objections were rejected by an...
Tag this Judgment!Court : Gujarat
Reported in : (1973)1GLR960
Divan, J.1. In all these Special Civil Applications the common questions are the challenge to the provisions of certain sections of the Forward Contracts (Regulation) Act, 1952, (Act No. 74 of 1952) (hereinafter referred to as the Act) and the two notifications. (1) dated 24th December 1964 and(2) dated 16th March 1967 issued under the provisions of Section 18, sub-section (3) of the said Act. All the petitioners, except the petitioner in Special Civil Application No.1080 of 1969, are dealers in cotton seeds. The petitioner in Special Civil Application No1080 of 1969 is the Association called the Palej Cotton-seed Buyers and Sellers Association. The narration of facts in Special Civil Application No. 2 of 1968 will be sufficient o bring out the controversy between the petitioners in each of these Special Civil Applications and the respondents. The Forward Market Commission is respondent No.2 in these Special Civil Applications and the Union of India is respondent No. 1 in each these Sp...
Tag this Judgment!Court : Gujarat
Reported in : AIR1975Guj1
ORDER1. This revision application is directed against the judgment and decree of the learned Assistant Judge, Surat dismissing regular civil appeal No. 5 of 1967 with costs.2. The petitioners in the instant case -are the original plaintiffs while the opponents are the original defendants. I will, therefore, refer to the parties as plaintiffs and defendants for the sake of convenience so far as this revision application is concerned.3. The facts giving rise to this revision application briefly stated are that the plaintiffs own open land enclosed by a compound wall admeasuring 969 sq. yds. bearing Nondh No. 2033 in ward No, 12 at Surat, The suit property was originally let out to me Gulamnabi Vajirbhal Bardoliwal.a. who was the father of defendants Nos. 1 to 10 and 12 and the husband of defendant No, 11. at the monthly rent of Rs.40. A rent note was executed on behalf of Gulamnabi by defendant No. 3. The suit land was taken on rent for the purpose of manufacturing cotton chords or cotto...
Tag this Judgment!Court : Gujarat
Reported in : (1973)14GLR826
P.N. Bhagwati, C.J.1. These petitions represent one more round in an almost unending litigation which seems to be going on between owners of mills and factories on the one hand and the Municipal Corporation of the City of Ahmedabad (hereinafter referred to as the Corporation) on the other since the last several years. The Corporation has been worsted in every round and every time it has tried to make good the legal infirmities in its claim by amendatory legislation but the attempt has been unsuccessful and the Courts have almost consistently struck it down. The question in these petitions is whether one more attempt made by the Corporation to resuscitate its position by Ordinance No. 6 of 1969 and Act No. 5 of 1970 is destined to be successful.2. Though the main questions which arise for consideration In these petitions are identical, it is possible to divide the petitions broadly Into two groups, one group consisting of petitions relating to the official year 1969-70 and the other gro...
Tag this Judgment!Court : Gujarat
Reported in : AIR1973Guj117; (1972)GLR1006
Bhagwati, C.J.1. This ground up nineteen petitioner raises an interesting question of construction of certain provisions of the Mines and Minerals (Regulation and Development ) Act 1957 and the Mineral Concession Rules 1960. The facts giving rise to the petitions are identical the save for difference in the area and location of the lands in respect of which mining lease is sought by the petitioner and it would, therefore, be sufficient if be we taken one of the petition, namely, Special Civil Application No. 1045 of 1968 as a representative petition and state of the facts of that petition.2. The petition in Special Civil Application No. 1045 of 1968 carry on business of the mining and they are also dealers in minerals. Bauxite is an important mineral having it uses as raw material in several industrial including manufacture of alumina. There are fairly large deposit of bauxite in three districts of the State of Gujarat, namely, Jamnagar, Junagadh and Kutch. The Government of Gujarat by...
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