Court : Gujarat
Decided on : Feb-22-1988
Reported in : (1988)1GLR589
..... value of lands and buildings for determining tax liability will not make the fields of legislation under the two entries overlapping.in ramchand v. malkapur municipality : air1970bom154 , the court was concerned with the levy of education cess at the rate of two percent of the annual letting value of the ..... as the measure of the impugned tax is any indication that it is a tax on income.the above observations were quoted with approval in municipal corporation v. gordhandas : air1954bom188 , wherein the validity of rule 350a framed by the corporation in respect of the rate of open land was ..... pc 60; state of bombay v. narottamdas jethabhai and anr. 1951 scr 51; the state of bombay and anr. v. f.n. balsara 1951 scr 682; municipal corporation v. gordhandas : air1954bom188 (paragraph 5); sri venkataramana devaru v. the. state of mysore 1958 scr 895 @ 918; assistant commissioner, madras v. buckingham and ..... may be mentioned that the above quoted observations of broomfield, j., were adopted by fazal ali, j. in ralla ram v. province of east punjab , wherein the learned judge observed that if a tax is to be levied on property, it will not be irrational to correlate it to the ..... the construction of sections 99, 129, proviso, 137 and 150 of the bombay provincial municipal corporations act, 1949. in that case the special rate of conservancy tax, namely, 9 per cent of the rateable value, determined by the municipal corporation at its meeting held on 31st january, 1968 was challenged as (i) ultra .....Tag this Judgment!
Court : Gujarat
Decided on : Apr-29-1988
Reported in : AIR1988Guj233; (1988)2GLR1192
..... following observations of lord goddard, c. j. in mediteranean & eastern export co. ltd. v. fortress fabrics ltd. (1948) 2 all er 186 cited with approval by the supreme court in municipal corporation of delhi v. jagan math ashok kumar : 1scr180 'the modern tendency is, in my opinion, more especially in commercial arbitration, to endeavour to uphold awards of the skilled ..... technical plea that the claim for future interest was not made by the party entitled thereto in so many words.57. apart from the aforesaid full bench decision of the punjab and haryana high court, there is authority provided by gopalkrishna pillai v. meenakashi ayal : air1967sc155 and lala gobind ram kapoor v. prem parkash kapoor for the proposition that future ..... . the determination made by the arbitrator was, therefore, held to be perverse and the perversity was held amounting to misconduct within the meaning of s. 30 of the arbitration act enabling the court to interfere with the award. it was in these facts and circumstances that the orissa high court reached a clear conclusion that the award was vitiated by ..... arbitrator to arbitrate upon all disputes and claims and counter claim arising from the above works.claimants: m/s. unique erectors (gujarat) pvt. ltd. a company registered under the companies act, 1956 having their registered office at 2nd floor, natraj chambers, ashram road, ahmedabad.versus gujarat water supply & sewerage board having their registered office at block ghsector-16 near shalimar .....Tag this Judgment!
Court : Gujarat
Decided on : Sep-06-1988
Reported in : (1989)1GLR80; (1994)IIILLJ1020Guj
..... the contesting opponents by pointing out that the hospital was an independent entity and was registered as such with the municipal authority under the provisions of the bombay shops and establishments act, 1948. the hospital was managed by a committee comprising directors and managers of the three mill companies and the ..... required to run the hospital came from the said three mill companies. he lastly stated that the hospital was registered as an establishment with the municipal authorities.8. on the basis of the above evidence it was strongly argued before the labour court that the employees of the hospital were ..... disputed. dealing with this contention, chandurkar, j, who spoke for the division bench referred to the decision of the supreme court in the case of punjab national bank (supra), and the central bank (supra) and thereafter pointed out:'we have referred to these decisions to point out that it is ..... or the provisions of chapter v-a and v-b, such a claim would be governed by sub-section (2) of section 33c only.18. in punjab national bank ltd. v. kharbanda (k.l.), 1962 (1) llj 234, the workman had filed an application under sub-section (2) of section ..... . it, therefore, held that the hospital was a distinct and separate entity registered as such under the provisions of the bombay shops and establishments act and was managed by a specially constituted committee which supervised the recruitment of the hospital staff and exercised disciplinary jurisdiction also. it also found that .....Tag this Judgment!
Court : Gujarat
Decided on : Feb-26-1988
Reported in : (1988)2GLR807
..... for a girls high school in a place like amreli.15. the contention of the petitioner that respondent no. 5 being the chief officer of the municipality by which the said school was managed should not have been a candidate for the post of principal of this girls high school also has much substance ..... the challenge to the regulation as unconstitutional is concerned.10. mr. nanavati drew my attention to a decision of the supreme court reported in m/s. punjab beverages v. suresh chand air 1978 sc 995. the supreme court has laid down therein that it is well-settled rule of construction that no one ..... of the breach, it is not legitimate to say that such a thing when done is void because that would be tantamount to saying that every unlawful act is void.12. it is difficult to agree with mr. nanavati that these observations support his submission. on the contrary, the supreme court has in ..... the provisions of the regulations are to prevail. the regulations are framed by virtue of the powers conferred on the state government by section 54 of the act and, therefore, the regulations have the force of law. the grant-in-aid code has no force of law. but apart from this, when a ..... effect to. it is also the contention of the respondents that the petitioners have alternative remedy by way of approaching the tribunal under section 38 of the act and therefore, also this petition is not maintainable.3. having gone through the affidavits produced on record and having heard the learned advocates for the parties .....Tag this Judgment!
Court : Gujarat
Decided on : Apr-28-1988
Reported in : (1988)2GLR1425; (1989)ILLJ396Guj
..... 2) (1988-i-llj-396) (u.p. income-tax department contingent paid staff welfare association v. union of india & others). (3) (air) 1988 sc 519, (delhi municipal karmchari ekta union v. p. l. singh & others). (4) unreported decision of supreme court in writ petitioners nos, 822, 875, 180 and 200 of 1987 decided on ..... 1988-i-llj-396) (u.p. income-tax department contingent paid staff welfare association v. union of india & others) and (air) 1988 sc 519 (delhi municipal karmachari ekta union v. p. l. singh & other) are on the lines of its earlier decision in the case of daily rated casual labour (supra). hence ..... of the case decided by the supreme court.' 15. after referring to a decision of the supreme court in the case of dalbir singh v. state of punjab. (air) 1979 sc 1384, wherein well settled theory of precedents has been explained, and after referring to other decisions of the supreme court, the full ..... under art. 226 of the constitution of india cannot be exercised. 23. the learned counsel for respondent no. 1-committee states that the committee had acted in accordance with the opinion of the district government pleader. in fact it was not at all necessary for the committee to obtain any opinion in ..... was justified in giving instructions to the respondent no 1-committee. this he could have done in view of the provisions of section 47 of the act which, inter alia, provides for giving certain directions in respect of the actions taken or to be taken by the committee. it may be assumed .....Tag this Judgment!