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Judgment Search Results Home > Cases Phrase: medical degrees act 1916 section 2 definitions Court: gujarat Year: 1963 Page 1 of about 17 results (0.033 seconds)

Feb 06 1963 (HC)

Dhrangadhra Chemical Works Ltd. Vs. Industrial Tribunal (i.G. Thakore) ...

Court : Gujarat

Decided on : Feb-06-1963

Reported in : (1963)0GLR622; (1963)IILLJ527Guj

..... be chosen and recognized as protected workmen. (5) where an employer makes an application to a conciliation officer, board, labour court, tribunal or national tribunal under the proviso to sub-section (2) for approval of the action taken by him, the authority concerned shall, without delay, hear such application and pass, as expeditiously as possible, such order in relation thereto as it ..... has been made by the employer to the authority before which the proceeding is pending for approval of the action taken by the employer. (3) notwithstanding anything contained in sub-section (2), no employer shall, during the pendency of any such proceeding in respect of an industrial dispute, take any action against any protected workman concerned in such dispute - (a) by altering ..... that case the court had to consider the ambit and scope of the provisions of s. 6e(2)(b) of the united provinces industrial disputes act, 1947. section 6e(2) of the united provinces industrial disputes act is identical in terms with s. 33(2)(b) of the industrial disputes act xiv of 1947, as it exists at present. at p. 214 the supreme court has reviewed ..... a 'manifest error' before a court interferes by issuing the writ of certiorari. the law in england on the subject has been well stated in the case of regina v. medical appeal tribunal, ex parte, gilmore [(1957) 1 q.b. 574]. in that case lord justice denning, lord justice romer and lord justice parker constituted the appellate bench. at p. 582 .....

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Feb 06 1963 (HC)

The Dharangadhra Chemical Works Ltd. Vs. I.G. Thakore

Court : Gujarat

Decided on : Feb-06-1963

Reported in : AIR1963Guj283

..... 5. where an employer makes an application to a conciliation officer, board, labour court, tri-bunal or national tribunal under the proviso to sub-section (2) for approval of the action taken by him, the authority concerned shall, without delay, hear such application and pass, as expeditiously as possible ..... to the authority before which the proceeding is pending for approval of the action taken by the employer. (3) notwithstanding anything contained in sub-section (2), no employer shall, during the pendency of any such proceeding in respect of an industrial dispute, take any action against any protected workman concerned ..... case of air 1961 sc 860. having regard to the law as there laid down it cannot be said that a tribunal when acting under section 33(2)(b) is called upon to consider whether there has been unfair labour practice or victimisation.13. we shall next proceed, to consider ..... this special civil application raises very interesting questions regarding the powers of an industrial tribunal when dealing with an application made under section 33(2) (b) of the industrial disputes act, 1947.2. mulji ganda, the 2nd respondent before us, was an employee of the dharangadhra chemical works ltd., the petitioner before us ..... court interferes by issuing a writ of certiorari. the law in england on the subject has been well stated in the case of regina v. medical appeal tribunal, ex parte gilmore, reported in 0957) 1 qb 574. in that case lord justice denning, lord justice romer and lord justice .....

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Nov 15 1963 (HC)

Ambica Mills Ltd. and ors. Vs. the State of Gujarat and anr.

Court : Gujarat

Decided on : Nov-15-1963

Reported in : (1964)0GLR446; [1964]15STC367(Guj)

..... the course of business or not being a business activity. 30. as regards the question of rebate, the relevant provisions are the definitions of 'sale price' and 'turnover' appearing in section 2(14) and 2(20) of the act. 'sale price' under section 2(14) means the amount payable by a dealer as valuable consideration for the sale of any goods, less any sum allowed as cash ..... society could not be said to be carrying on the business of selling or supplying goods, and, therefore, the society did not come within the definition of a 'dealer' in section 2(c) of the bombay sales tax act, 1946. the decision left open the question whether a profit-making motive is an essential ingredient in order that an activity could constitute business. in ..... .s. sadak thamby and co. v. the state of madras ([1963] 14 s.t.c. 753), where, dealing with the definition of a 'dealer' in section 2(g) of the madras general sales tax act, 1959, the learned judges stated that though the definition of 'dealer' would include a person who solely carries of the business of buying goods, such buying of goods must be ..... in the course of business, which means that the activity should be associated with a profit-making motive. 17. the test of volume and degree .....

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Mar 28 1963 (HC)

Laljibhai Jodhabhai Bar Vs. Vinodchandra Jethalal Patel

Court : Gujarat

Decided on : Mar-28-1963

Reported in : AIR1963Guj297; (1963)GLR523

..... authenticate in such manner as may be prescribed. the expression 'prescribed' has been defined in section 2(i)(g) to mean prescribed by rules made under the act. rule 2 (2) of the conduct of elections rules, 1961, provides as under:-.'(2) for the purposes of the act or these rules, a person who is unable to write his name shall, unless otherwise expressly provided ..... or on behalf of any candidate or accepted by the returning officer for election in the same constituency.'this section requires that the nomination paper must be signed by an elector of the constituency as proposer. section 2(i)(i) provides that in the act, unless the context otherwise requires, 'sign' in relation to a person who is unable to write his name means ..... questions and relating to withdrawal of questions, where a reference has been made to a minister. unless the context would otherwise require, the expression minister would, having regard to the definition clause, include a parliamentary secretary. rule 85 provides as under :'85 (i) a member who has resigned the office of minister may with the consent of the speaker, make a ..... , but difficult to say wherein the difference lies. there is no evidence led before us to show that the minister to whom a parliamentary secretary may be attached exercises that degree of control in the manner of the execution of the work of the parliamentary secretary as would give rise to the relationship of master and servant between the one and .....

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May 03 1963 (HC)

Bai Hanifa Jusab Vs. Memon Dadu A. Gani, Sardharia

Court : Gujarat

Decided on : May-03-1963

Reported in : AIR1964Guj44; (1964)GLR198

..... public or any person may possess irrespective of other immovable property. it is thus clear that whatever was intended 'to be kept out of the purview of the act has been set out in section 2. whereas all other customary and other rights in or over immovable property have been saveo, licences have been excepted therefrom.16. with this background we will turn ..... enacted, as it was expedient to define and amend the law relating to easements and licences. section 2 specifically sets out that which is saved from the provisions of the act. it provides that nothing contained in the act should be deemed to affect any law not expressly repealed; or to derogate from, amongst other things, any customary or other right (not being a ..... come to deal with the second submission made by mr. zaveri. suffice it to say at the present moment that none of these clauses set out above in the slightest degree hint at creating any interest in any immovable property at all, much less an interest of the nature of a tenancy. there are no words of demise nor is there ..... manner go on staying with the minor till the contingencies mentioned come to pass.12. how, a 'licence' is defined in section 52 of the indian easements act, 1882, as follows:'where one person grants to another, or to a definite number of other persons, a right to do, or continue to do, in or upon the immovable property of the grantor, something .....

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Aug 26 1963 (HC)

Chandulal Jethalal Jayaswal and ors. Vs. State of Gujarat and anr.

Court : Gujarat

Decided on : Aug-26-1963

Reported in : AIR1964Guj59; (1963)GLR1033

..... that ethyl alcohol and denature alcohol were fundamentally distinct articles and he relied upon certain provisions in the act to show that even the legislature had recognised the basic distinction between the two articles. he pointed out that the definition of denatured alcohol in section 2(10a) itself makes a distinction between denatured spirit and denatured alcohol as against spirit and ethyl alcohol. in ..... of the constitution which envisages a distribution of powers between the states and the union, and if so understood, the concept must recognise the need and the legitimacy of some degree of regulatory control, whether by the union or the states. this is irrespective of the restrictions imposed by the other articles in part xiii of the constitution. they further observed ..... between one state and the rest. in support of his argument, mr. sorabji relied upon the state of bombay v. r.m.d. chamarbaushwalla, 57 bom lr 288 : [(s) air 1916 pom 1), where the petitioner claimed a writ of mandamus, ordering the state of bombay to forbear from enforcing the bombay lotteries and prize competition control and tax ..... ) no. 57 of 1947 was challenged as being violative of section 92 of the commonwealth of australia constitution, 1900. at page 310 of the report, the privy council adopted the dictum of griffith c.j. in duncan v. state of queensland, (1916) 22 cir 556 at p. 573, namely'but the word 'free' does not mean extra legem any more than freedom .....

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Sep 28 1963 (HC)

The Commissioner of Wealth-tax Vs. Dr. E.D. Anklesaria

Court : Gujarat

Decided on : Sep-28-1963

Reported in : AIR1964Guj240; (1964)0GLR1061; [1964]53ITR393(Guj)

..... the tribunal upholding this challenge is assailed before us.3. the question turns not so much upon the true interpretation as upon the application of section 2(e)(iv). that section is in the following terms :'2. in this act unless the context otherwise requires-- x x x x x x(e) 'assets' includes property of every description, movable or immovable, but does not ..... question is whether the annuity granted to the assessee by his deceased father by testamentary disposition is an annuity which. is exempt from computation of net wealth under section 2(e)(iv) of the act. dr. anklesaria the deceased father of the assessee died on 27th april 1954 having duly made testamentary disposition contained in three testamentary papers, one a will dated ..... the annuity could always be commuted into a lump sum grant by outsiders like insurance companies and that the annuity, therefore, did not come within the category specified in section 2(e)(iv). the assessee thereupon preferred an appeal to the tribunal. the tribunal rightly observed that the appellate assistant commissioner had completely fallen into an error in considering the ..... india, or scientific, technical or professional education in india or in foreign countries, or in obtaining any industrial training.(b) to provide help for poor zorostrian parsees by giving them medical help, food, clothes etc.(c) to provide help for parsee orphanages by giving scholarships or otherwise.(d) to provide help for the victims of any natural calamity such as .....

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Jan 16 1963 (HC)

State of Bombay (Now State of Gujarat) Vs. Amarsinh Raval

Court : Gujarat

Decided on : Jan-16-1963

Reported in : AIR1963Guj244

..... action'. the rule refers to an order of dismissal, removal or reduction. article 311 of the constitution uses the expression 'action proposed to be taken'. sub-section (2) of article 311 of the constitution refers to dismissal, removal or reduction in rank. but as observed by their lordships of the supreme court, rule 55 ..... been afforded an adequate opportunity of defending himself. the grounds on which it is proposed to take action shall be reduced to the form of a definite charge or charges which shall be communicated to the person charged, together with a statement of the allegations on which each charge is based and of ..... to the meaning of reasonable opportunity and secondly as to the meaning of the expression 'action proposed to be taken'. 4. as sub-section (2) provides that a reasonable opportunity to show cause against the action proposed to be taken must be given, the plain meaning would be ..... bhatt v. union of india, air 1962 sc 1344, the content of the reasonable opportunity under article 311(2) of the constitution is the same as in section 240(3) of the government of india act, 1935. an opportunity to show cause is reasonable even if it does not contemplate a further opportunity to examine ..... in order that an opportunity to show cause may be regarded as a reasonable one, it must cover both the questions of guilt as well as the degree of punishment, and therefore a reasonable opportunity has to be given at two stages, namely one where the inquiry into the guilt is being held and .....

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Sep 03 1963 (HC)

The State Through Dhahybhaai Haribhai Vs. Bhikubhai Ranchhodji Desai a ...

Court : Gujarat

Decided on : Sep-03-1963

Reported in : (1964)GLR229

..... . in our judgment, this would be not interpreting clause (c), but entering into the realm of legislation. we do not find any such justification in clause (4) of sec.195 or the definition of the word 'offence' as the full bench found for extending the ambit of clause (c) aforesaid. in our judgment, the mere fact that one distinct offence happens to ..... bar and there is nothing in that particular clause which indicates that the bar would be removed the moment the proceedings terminate. though the learned judge has not expressed himself definitely as to the second object which he has mentioned in the last part of the above-quoted passage, in our judgment, there is considerable force in the view that one ..... court. in our judgment, the object which mr.vidhyarthi has propounded as the legislative object, cannot be accepted as the object which the legislature had to mind.(17) in air 1916 all 299, bhawani das v. emperor in which a division bench of the allahabad high court was called upon to construe the expression 'offence committed by a party' as used ..... in the proceedings. this document is a contract of sale by which respondent no. 2 agreed to sell survey no. 205 to respondent no. 3. this document was produced before the agricultural lands tribunal, navsari, in a proceedings under section 32g of the bombay tenancy and agricultural lands act, 1948. that proceedings terminated sometime thereafter. on 20th of june 1961, one dahyabhai haribhai .....

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May 03 1963 (HC)

Kanku D/O Dhulabhai Dahyabhai Vs. Khristi Shanabhai Fulabhai

Court : Gujarat

Decided on : May-03-1963

Reported in : (1968)9GLR511

..... marriage must have been solemnized in india and that the petitioner must be a resident in india at the time when the petition is filed. the last paragraph of section 2 of the act prescribes that in cases of decrees other than the decrees of dissolution of marriage or of nullity of marriage, the petitioner must be a resident of india at the ..... conferred an unrestricted jurisdiction in all matters matrimonial in the high court including jurisdiction to grant a declaration of the aforesaid kind. though the learned judge did not reach a definite conclusion on this submission, he examined the legal position on the assumption that such was the law, but he concluded that whatever might have been the legal position before the ..... any of the following grounds:(1) that the respondent was impotent at the time of the marriage and at the time of the institution of the suit;(2) that the parties are within the prohibited degrees of consanguinity (whether natural or legal) or affinity;(3) that either party was a lunatic or idiot at the time of the marriage;(4) that the ..... have been doubt whatever that its jurisdiction (whatever it may have been before) would have been limited by this section 4 of the indian divorce act; but it is suggested that as the letters patent establishing this court only came into effect in 1916, the words, 'matters matrimonial'.as used in clause 27, may be construed as contemplating a larger jurisdiction than that .....

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