Court : Gujarat
Decided on : Dec-15-1992
Reported in : (1993)2GLR1398; (1994)ILLJ743Guj
..... . this is consistent with the object sought to be achieved by the provision of the act. the act aims at settlement of disputes by agreement or through conciliation or through mediation of different officers. emphasis is on settlement of disputes. therefore, the correct interpretation of the expression 'no such application shall lie unless....' and of the expression 'no agreement has been ..... for settlement of industrial disputesand machinery has been provided at differentlevels to see that the employer and the employee settle their disputes either by agreement or through conciliation or through mediation of different officers. attempt has been made to see that as far as possible few matters should betaken to the labour court and industrial court. the prime object of the .....Tag this Judgment!
Court : Gujarat
Decided on : May-04-1992
Reported in : (1993)2GLR1100
..... is here to serve. to serve what? toserve, insofar as law can properly do so, within limits that i have already stressed, the realisation of man's ends, ultimate and mediate...law cannot stand aside from the social changes around it.it is possible that in the last century the prevalent concept of family was of a certain pattern. indeed in .....Tag this Judgment!
Court : Gujarat
Decided on : May-01-1992
Reported in : (1993)2GLR1808
s.d. shah, j. 1. rule. mr. r.m. chhaya, learned a.g.r waives service of rule. with the consent of the parties the matter is finally heard.2. by this petition the petitioners who are the heirs and legal representatives of deceased maganji govindji are challenging the order passed by urban land ceiling tribunal dated 5th july, 1989 in ceiling appeal no. 51 of 1988 confirming the order passed by competent authority, surat dated 5th april, 1988.3. the facts giving rise to the present petition are as under:deceased maganji govindji was the holder of parcels of land bearing survey no. 68 admeasuring 4654 sq mtrs. and survey no. 73 admeasuring 2934 sq. mtrs. at jahangirabad and rander of district surat. he purchased the said parcels of land in the year 1938 by registered sale deed. on coming into force of urban land (ceiling and regulation) act, 1976 he filed statement under section 6(1) of the said act. in the said form he described the property as his own property and mentioned that no one else had any right, title or interest in the said property.4. the competent authority thereupon issued draft statement under section 8(3) of the said act calling upon deceased maganji govindji to file his objection to the said draft statement. deceased maganji govindji filed his objection and after taking into consideration such objection, the competent authority was pleased to pass order dated 9th january, 1984 holding that deceased maganji was holding excess vacant land to the extent of 6088 .....Tag this Judgment!
Court : Gujarat
Decided on : Mar-16-1992
Reported in : (1992)2GLR1119
k.g. shah, j.1. the petitioners were, at the lime the petition came to be filed assistant lecturers in different government engineering colleges and government polytechnic institutions in the state of gujarat. their subjects of teaching were physics, chemistry, mathematics, humanities, english and industrial organisation, these subjects have been styled as non-technical subjects and the petitioners have been styled as teachers teaching non-technical subjects. of course, the petitioners do not admit that these subjects are non-technical subjects. their case is that the standard of education in these subjects either in the engineering colleges and polytechnic institutions or in the arts, science and commerce colleges is the same. according to the petitioners, even in the engineering colleges and polytechnic institutions, teaching of these subjects is very intensive and is done keeping in view the engineering basis or slant. it is further the case of the petitioners that these subjects form basic foundation on which engineering courses could be successfully and efficiently learnt, and highest importance to the teaching of these subjects should be attached and unless that is done and good foundation in these subjects is laid, it is extremely difficult to train competent engineers in the modem sense of the term.2. upto 1958 the pay scale of the assistant lecturers teaching technical subjects or engineering subjects and those teaching non-technical subjects was the same. that pay .....Tag this Judgment!
Court : Gujarat
Decided on : Apr-08-1992
Reported in : AIR1993Guj20
panchal, j.1. in this petition, filed under article 226 of the constitution of india, the petitioners have challenged the constitutional validity of section 3 of the essential commodities act, 1955 and clause 21a of the cotton textile (control) order, 1948 as well as the legality and validity of the orders dated 7-1-1978, 7-4-1978, 27-4-1978, 11-8-1978, 27-12-1978, 29/30th december, 1978 passed by the textile commissioner and the order dated 8th july, 1979 passed by the central government under the provisions of the cotton textile (control) order, 1948, which have been produced at annexures e (i), d, e(ii), g. h, i. j and k respectively to the petition, the petitioners have given up the challenge to clauses 20 and 22 of the cotton textile (control) order, 1948 after the petitioners were permitted to carry out the amendment in the petition.2. it is necessary to refer to certain factual background to appreciate the contentions raised by mr. joshi before us in this petition. the petitioner no. 1 is a company incorporated and registered under the provisions of the indian companies act and is engaged in the business of manufacturing textiles. the 2nd petitioner is both -- a shareholder and the managing director of the first petitioner company. under the provisions of the essential supplies (temporary powers) act, 1946, which came into force on and from november 19, 1946, the cotton textile (control) order, 1948 (hereinafter referred to as the 'order of 1948') was issued. it came .....Tag this Judgment!
Court : Gujarat
Decided on : Mar-12-1992
Reported in : (1992)1GLR751
s.d. shah, j.1. rule. mr. mangukia learned a.g.p. waives service of rule. with the consent of parties matter is heard finally today.the petitioners in these petitions are heirs and legal representatives of one deceased puriben, wife of manilal somabhai patel who expired on 14-4-1984 and who by duly executed registered will bequeathed her properties to the present petitioners. they are challenging in these three petitions the order passed by the competent authority dated 6th november, 1989 on application/declaration made by deceased puriben on 30-3-1979 under section 21 of the urban land (ceiling & regulation) act, 1976 and also against the common judgment and order rendered by the urban land ceiling tribunal. ahmedabad, in appeal nos. ahd/460, ahd/461 and ahd/462 of 1989, dated 31st january, 1991 rejecting the said appeals.2. in order to appreciate the questions of law raised in these petitions by the learned counsel appearing for the petitioners, it is necessary to set out the relevant facts hereunder.(i) deceased puriben, wife of manilal somabhai patel was the holder of three parcels of land bearing s. no. 256, 257 and 273. with respect to said parcels of land, exemption under section 20 of the said act was granted as the said parcels of land were being used for the purpose of agricultural operations. the said exemption granted under section 20 of the act was admittedly not cancelled and was operative when the competent authority passed impugned order and the urban land .....Tag this Judgment!
Court : Gujarat
Decided on : Jan-31-1992
Reported in : (1992)103CTR(Guj)1; 196ITR200(Guj)
r.c. mankad, actg.c.j.1. petitioner no. 1 in special civil application no. 3583 of 1989 is a partnership firm carrying on business as a tobacco commission agent. petitioners nos. 2, 3 and 4 are partners in the said firm ('the firm' for short). the firm was duly registered under the relevant provisions of the income-tax act, 1961 ('the act' for short). the firm and its partners had prepared statements of their income and returns for the assessment years 1976-77 to 1979-80 in time and handed them over to their income-tax practitioner. an application under form no. 12 for continuance of registration of the firm was duly signed and the same was also handed over to the income-tax practitioner in time for each of the said assessment years. advance tax also had been paid in due course. the income-tax practitioner engaged by the petitioners, however, did not file their returns for the said assessment years within the prescribed time. the petitioners on coming to know that their returns were not filed within the prescribed time, engaged another income-tax practitioner who filed them on december 4, 1980. the returns of the income of the firm and the partners for the assessment years 1976-77 and 1977-78 were filed beyond a period of two years prescribed for completing the assessments for those years. the firm and the partners, on filing of the returns, as aforesaid, also paid tax under section 140a of the act. the income-tax officer accepted the returns for the assessment years 1978-79 .....Tag this Judgment!
Court : Gujarat
Decided on : Aug-18-1992
Reported in : (1993)2GLR1755
k.g. shah, j.1. the respondent has been convicted for an offence punishable under section 376 of the indian penal code and has been sentenced to undergo rigorous imprisonment for three years and to pay a fine of rs. 3,000/- and in default of payment of fine, he has been ordered to undergo further rigorous imprisonment for six months. it has been ordered that if the fine is recovered, the same should be made over to atmaram, the father of the prosecutrix-girl hansa for the benefit of that girl. the order of conviction and sentence has been passed by the learned sessions judge, mehsana on october 21, 1988 in sessions case no. 94 of 1987. contending that the sentence imposed upon the appellant by the trial court is very much inadequate and is by any standard insufficient, keeping in view the minimum of 7 years' rigorous imprisonment prescribed by section 376 of the indian penal code, and that there exists no special and adequate reasons, the state has come in appeal for enhancement of sentence imposed upon the respondent.2. the facts of the case, in so far as they are relevant for the present purpose, may be stated as follows:the victim of rape, i.e., the prosecutrix in this case, is girl hansa, who was, at the time of the incident, hardly seven years of age. on may 11, 1987, i.e., the date of the incident, she was residing with her mother, maniben p.w. 5, in a small room in a field at village pamol. at about 10-00 a.m., maniben, the mother of the prosecutrix, had gone to the .....Tag this Judgment!
Court : Gujarat
Decided on : Nov-27-1992
Reported in : AIR1994Guj104; (1993)2GLR1460
orderk.g. shah, j.1. this petition under article 226 of the constitution of india is filed by gujarat ambuja cements ltd., a company incorporated under the indian companies act, against union of india, the railway board and the various officers of the western railway. in paragraph 95 of the petition, the petitioner has prayed for the following main relief:'a writ in the nature of mandamus or any appropriate writ/ order/directions commanding the respondents to act and proceed in accordance with law and directing the respondents to rescind, recall, cancel and/or withdraw the rationalisation scheme being general order no. 1 of 1987 and general order no. 1 of 1989 and general order no. 2 of 989 and general order no. 1 of 1990 dated 10-5-1990 and any further similar notification and/ or rationalisation order or orders issued during the pendency of this writ petition by the railway board, so far it relates to rationalisation of the longer route via botad-jetalsar and the refusal to refund under letter dated 23-3-87, 27-4-87 and 6-1-88 issued by the chief commercial superintendent, western railway and the restrictions message dated 12-1-87 issued by the divisional operating superintendent of bhavnagar division and the chief operating superintendent, western railway, and not to issue any further rationalisation scheme specifying the longer route for carrying the goods traffic and not to charge freight on the basis of the illegal reationalisa-tion scheme and the longer route and to .....Tag this Judgment!
Court : Gujarat
Decided on : Jan-07-1992
Reported in : (1992)2GLR1204; (1993)2GLR1713
s.d. shah, j.1. the petitioner in special civil application no. 412 of 1991 is ramjibhai m. patel, sarpanch of manud gram panchayat, patan taluka of mehsana district. the petitioner in special civil application no. 413 of 1991 is shankarbhai n. patel who is upa-sarpanch of said gram panchayat.2. both these petitions are directed against the order of suspension passed by the district development officer, mehsana-the second respondent herein on 12-10-1987 under section 51(1) of the gujarat panchayats act, 1961 (hereinafter referred to as 'the said act'). the said order of suspension was challenged by the petitioner in each petition by preferring appeal to the additional development commissioner-the respondent no. 1 herein under section 51(3) of the said act and said order of suspension is confirmed by the appellate authority by judgment and order, dated 29-12-1990.3. being aggrieved by the order passed by the additional development commissioner on 29-12-1990 confirming the order of the d.d.o., dated 12-10-1987, the petitioners have moved this court under article 227 of the constitution of india.4. few facts giving rise to the present proceedings are required to be stated hereunder:(i) the petitioners in these petitions are duly elected sarpanch and upa-sarpanch of manud gram panchayat. one khodabhai shankarbhai patel who was presiding officer in the election of taluka panchayat filed a criminal complaint before the police on 20-1-1987, inter alia, alleging that the sarpanch of .....Tag this Judgment!