Court : Gujarat
Decided on : Dec-22-1997
Reported in : (1998)2GLR932
..... purpose involved in the acquisition, their objections were overruled'. mr. vyas submitted that objections were not overruled by the land acquisition officer. on the contrary, they were upheld and the proceedings were to be dropped. it was only the state government which took the decision to acquire the land.8. we do not see substance in this contention as well. so ..... . vyas, learned senior advocate for the petitioners raised following three contentions:(1) the notification under section 6 of the act was not issued within a period of one year from the publication of notification under section 4 of the act and, hence, the proceedings were vitiated;(2) there is either violation of principles of natural justice or non-application of mind on the ..... corporation, on the other hand, supported the action taken by the authorities. they submitted that the proceedings had been initiated in accordance with the provisions of the act. notifications under section 4 as well as under section 6 were issued within the period stipulated under the act and action has been taken in bona fide exercise of power after application of mind and ..... part of state government before issuance of notification under section 6 and the proceedings were liable to be quashed and set aside; and(3) the power .....Tag this Judgment!
Court : Gujarat
Decided on : Dec-19-1997
Reported in : (1998)2GLR1020
..... . the petitioner filed rejoinder affidavit to the reply and he has contended that the termination of his services has been made in violation of section 25f of the industrial disputes act. again he reiterated his grievance of retention of junior persons. shri umraobeg is stated to be re-employed because of his relationship with chief officer. however, the petitioner has not ..... petitioner contended that the termination of services of the petitioner is bad in law as it has been made in violation of provisions of section 25f of the industrial disputes act. it has next been contended that the juniors were continued in service whereas the petitioner's services were dispensed with. lastly, the learned counsel for the petitioner contended that the ..... of his termination and as such, the challenge to the action of respondent terminating his services on the ground of violation of provisions of section 25f of the industrial disputes act, 1947, is wholly misconceived. the decision of this court, copy of which has been filed by petitioner, in civil application no. 545 of 1987, is also of little help to ..... have no legal right to continue on the post liven if the services of daily wagers are being terminated in violation of provisions of section 25f of the industrial disputes act, 1947, still they do not acquire any right to hold the post. at the most, they may be entitled for the notice pay or the retrenchment compensation, but their services .....Tag this Judgment!
Court : Gujarat
Decided on : Oct-24-1997
Reported in : 97CompCas301(Guj); (1998)2GLR1436
..... a rectification order and the court had power under the provisions of sections 154, 155 and 163(2) of the companies act to order rectification even in interlocutory proceedings. 29. mr. vakil has further placed reliance on the decision of the division bench of the madras high court in kalyani ..... furtherance of the purported agreement. since the ad interim order passed by this hon'ble court is based on the purported agreement which is not valid in law, the same needs to be vacated forthwith.' 61. there is no contemporaneous record to substantiate the plaintiffs' case about the aforesaid alleged ..... section 155 would not be maintainable against persons who are neither directors nor shareholders. if third parties are impleaded as respondents, the court could proceed to inquire into the allegation of the petitioner. the court's jurisdiction would not be lost merely because third parties are required to be impleaded ..... per their communication dated march 7, 1994 (page 162), were found unacceptable to indian institutional investors. therefore, the plaintiff was unable to proceed with their proposal and had only made a small disinvestment of 5,00,000 shares amounting to 3.87 per cent. in favour an ..... regarding rectification of the register of the members has arisen, a long line of decisions such as jayashree shantaram vankudre v. rajkamal kalamandir pvt. ltd.  30 comp cas 141 (bom); rao saheb manilal gangaram sindore v. western india theatres ltd.  33 comp cas 826 (bom) and kalyani .....Tag this Judgment!
Court : Gujarat
Decided on : Feb-22-1997
Reported in : AIR1998Guj60; 91CompCas910(Guj); (1997)2GLR1134
..... item 'h'. 6. the appellate authority rejected the contention raised with respect to the procedure adopted by the enquiry officer and the senior executive director, sebi, saying that the proceedings before the sebi authorities are essentially of administrative nature. the supreme court judgment which was cited before the authority, was not considered on erroneous ground. without going further, suffice it ..... regulation 28(5) prohibits the appearance of a lawyer to represent the stock-broker at the inquiry. faced with this difficulty, the petitioner by way of amendment has challenged the validity of regulation 28(5) of the securities and exchange board of india (stock brokers and sub-brokers) regulations, 1992 (hereinafter referred to as 'the sebi regulations, 1992'). 9. in ..... the scales should be weighted against him. this conclusion was recorded after reference to the earlier decisions in the cases of brooke bond india pvt. ltd. v. s. subba raman [1960-61] 20 fjr 424 (sc) and dunlop rubber co. (india) ltd. v. their workmen [1964-65] 27 fjr 321; air 1965 sc 1392. both the cases were distinguished by ..... issue contract notes to clients, the appellate authority found that the said contravention too stands admitted by the petitioner. regarding failure to obtain written consent from the clients while acting on principal to principal basis, the contention of the petitioner was that this was not essential and verbal consents were adequate. it was admitted before the senior executive director .....Tag this Judgment!
Court : Gujarat
Decided on : Dec-05-1997
Reported in : (1998)2GLR314
..... breach makes the order void and inoperative from the inception; or the order remains in operation subject to determination of its validity in appropriate proceedings under section 33-a or section 10 of i.d. act. the conflict received attention of the apex court in jaipur zilla sahakari bhoomi vikas bank limited v. ramgoel sharma & ..... the tribunal and if, on the merits, it is found to be justified, it would be sustained as valid despite contravention of section 33, but if, on the other hand, instead of proceeding under section 33-a he makes an application under section 33-c(2), it would be enough for him ..... two parties in respect of matter not covered by the said main dispute. the court therefore rejected the contention that a proceeding which validly commences by way of an application made by the employer under section 33(2)(b) should automatically come to an end ..... the question about the interpretation of section 33(2)(b) came up before the court were that the appellant had dismissed the respondent on february 1, 1960 for alleged wilful insubordination. as, two disputes were pending between the appellant and its workmen, one before the industrial tribunal at allahabad and the other ..... to the two authorities for approval of the action taken. while the tribunal at allahabad approved the action on march 22, 1960, the labour court at meerut on april 29, 1960 refused to approve the action taken, though the order passed by the tribunal at allahabad already was brought to its notice. .....Tag this Judgment!
Court : Gujarat
Decided on : Jan-16-1997
Reported in : AIR1997Guj136; (1997)1GLR602
..... petitioner no. 1-society to delete the condition of permission granted by the society restricting development of residential accommodation only for parsis, the petitioners have challenged the pending proceedings under section 24 of the act before the district registrar as can be seen from the reliefs quoted hereinabove. 5. there being a caveat from the respondent no. 2, the respondent no. 2 ..... organisation, taluka sale and purchase cooperative organisation, co-operative sugar factories, co-operative spinning mills, district co-operative milk unions and taluka cooperative 'processing societies. accordingly, the societies could be validly classified on the basis of the nature of business and/or the activity which one or the other society might undertake. section 28 deals with voting powers of the members ..... condition is for the benefit of the lessor or those claiming under him; provided that property may be transferred to or for the benefit of a woman (not being a hindu, muhammadan or buddhist), so that she shall not have power during her marriage to transfer or charge the same or her beneficial interest therein.' it can be seen that ..... for convenience of enjoyment only, and not as an outright partition, the restrictions on alienations were not hit by section 10 of the transfer of property act.' in mohmand ali v. brikodar nath air 1960 assam 178 reliance has been placed on the privy council decision in mohammad raza's case (supra). the same would also stand distinguished as above. 21 .....Tag this Judgment!