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Judgment Search Results Home > Cases Phrase: punjab municipal act 1911 Court: gujarat Year: 1993 Page 1 of about 8 results (0.019 seconds)

Apr 30 1993 (HC)

Gujarat Narmada Valley Fertilizer Co. Ltd. Vs. Parver Rustamji Kasad a ...

Court : Gujarat

Decided on : Apr-30-1993

Reported in : (1994)1GLR5

..... as party respondent to the proceeding for compensation. in view of the lancet decision of the supreme court which has expressly overruled, the view of the punjab and haryana high court which is same as that of allahabad high court in the case of gorakhpw development authority (supra), i am of the ..... case of knshi upaj mandi samiti v. ash ok singhal (1991 suppl. (2) scc 419. the supreme court held that the full bench decision of punjab and haryana high court was contrary to the law laid down by the supreme court in himalaya tiles (supra) and it hi id that local authority and/ ..... certainly has a right to appear and put forward its case in the matter of determination of the quantum of compensation. after referring to the decision of punjab & haryana high court, in the case of hindustan sanitaryware and industries ltd. bahadurgarh v. state of haryana , the court found that if the amount ..... interested' and is entitled to be impleaded as party respondent. the court referred to the contrary view taken by the court of punjab & haryana in kulbhushankumar & co. v. state of punjab as well as another pull bench decision of the same high court in the case of indo-swiss times limited v. umrao . ..... 18 and section 20(2) of the land acquisition act and also order i, rule 10 of the civil procedure code. the contention that the decision of the supreme court in himalaya tiles (supra) was in conflict with its earlier decision in the case of municipal corporation of the city of ahmedabad (supra) was not .....

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Dec 21 1993 (HC)

Jayeshkumar G. Vyas and ors. Vs. Vijay Housing Development and anr.

Court : Gujarat

Decided on : Dec-21-1993

Reported in : (1994)1GLR377

..... the observations were made in context of provisions of section 414 of me calcutta municipal act, 1951. it was held that on a proper consideration of the first proviso to section 414(3) of the calcutta act, it seems that after a demolition order is passed and the copies of ..... complex. it is contended that none of the occupiers were issued any notice under section 260(1) of the bombay provincial municipal corporations act, 1949 (hereinafter referred to as 'the act'). however, on 17th may, 1993, a demolition squad assisted by the police force, fire brigade etc. came to demolish ..... the petitioners, there was a conspiracy to cheat the citizens between the first and the second respondents, inasmuch as officers of (he second respondent-municipal corporation, have connived at the unauthorised construction and the corporation had recovered taxes in respect of the shops. it is alleged that there was ..... 1989, calling upon it to submit its explanation by 23rd december, 1989. it is stated that during inspection it was found that jagdishbhai, punjab transport company, vijay tea stall and mangal pan house were in occupation of the shops unauthorisedly constructed by the society. therefore, notice was also ..... corporation from discharging its statutory functions under the provisions of sections 260, read with section 478 of the act. as held by the supreme court in amrit banaspati co. v. state of punjab : 1992(59)elt13(sc) , no legal relationship could arise by operation of promissory estoppel which would .....

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Dec 22 1993 (HC)

Surat Municipal Corporation Vs. Dinaben Vinaykumar Shah

Court : Gujarat

Decided on : Dec-22-1993

Reported in : [1994(68)FLR995]; (1994)1GLR317

..... . this ratio of the said decision will be applicable in this case and as the respondent was an employee of the corporation, which has been constituted under the bombay provincial municipal corporations act, 1949, the said respondent was not protected by the provisions of art. 311 of the constitution. to this effect, the decision of the learned single judge is not correct ..... decision of the supreme court in the case of samsher singh v. state of punjab & anr. air 1974 sc 2192, in which it was held that in the case of termination simpliciter, the provisions of art. 311 were not attracted. it was held therein that ..... though the provisions of art. 311 may not be applicable, nevertheless, if the services of the respondent were to be terminated by way of punishment. section 58 of the said act would require reasonable opportunity being afforded to the officer before imposing the punishment of termination of service. 8. learned counsel for the appellant has sought to place reliance on the ..... temporarily. the petitioner, therefore, had to be terminated an was terminated by a simple letter of termination without any stigma attached to it. the petitioner is not punished for various acts of commissions and omissions, but these facts of commissions and omissions were taken into account for determining the suitability of the petitioner to be continued in the post to which .....

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Apr 17 1993 (HC)

Ashoka Mills Ltd., Ahmedabad Vs. Nagindas Parsottamdas Modi and anr.

Court : Gujarat

Decided on : Apr-17-1993

Reported in : (1994)2GLR1073; (1994)ILLJ655Guj

..... glh 199 : (air 1985 guj. 115), (4) shaikh m. hussainbhai v. manager, chandrabhanu cinema, sardarnagar, 1986 (1) glr 1, (5) mangu ram v. delhi municipal corporation, air 1976 sc 105, and, (6) kerala state electricity board, trivandrum v. t. p. kunthaliumma, air 1977 sc 282. 10. in our opinion, labour court constituted ..... of 1887) for setting aside the sale, is maintainable by virtue of section 29(2) of the limitation act, as punjab land revenue act is a special act. in mahesh harilal khamar's case (air 1982 guj. 298), learned single judge of this court has held that the ..... that in spite of clear decision of the supreme court in nityanand joshi's case (supra), industrial court applied provisions of section 5 of the limitation act, 1963, to the proceedings and condoned delay though there was no application for condonation of delay. according to the learned counsel, industrial court injudiciously ..... it has been held by the supreme court that art. 137 of the limitation act, 1963 only contemplates applications to courts. reaffirming the view of the supreme court expressed in the decision rendered in the case of town municipal council, athani v. presiding officer, labour court, hubli, air 1969 sc 1335, ..... it has been held by the supreme court in nityanand m. joshi's case that the provisions of limitation act, 1963 do not apply to applications under s. 33 .....

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Mar 22 1993 (HC)

Commissioner of Income-tax Vs. Gujarat Ginning and Manufacturing Co. L ...

Court : Gujarat

Decided on : Mar-22-1993

Reported in : [1994]205ITR40(Guj)

..... case, the appellate tribunal was right in law in setting aside the reassessment made under section 147(a) of the income-tax act, 1961, disallowing the claim of the assessee for municipal taxes on godowns not let ?' 4. the question which really arises for our consideration is whether there was any omission or ..... of the assessee and also withdrew the deduction which was granted in respect of the municipal taxes paid with respect to those properties. it may be stated that, pursuant to the notice issued by the income-tax office, the assessee had ..... the returns of its income, the assessee did not compute the annual letting value so far as those godowns were concerned and also claimed deduction of municipal taxes in respect of them. the income-tax officer accepted the computation made by the assessee in this behalf and completed the assessment on that basis ..... is not for the court to consider whether these grounds are adequate or not. the sufficiency of the grounds which induced the income-tax officer to act is not a justiciable issue. moreover, the assessee is not bound to put forward before the income-tax officer at the time of the original ..... properties ltd. v. cit : [1972]83itr470(cal) the income-tax officer issued a notice under section 148 read with section 147(a) of the act and reopened the assessments for those years. he revised the income of the assess and included the annual value of the vacant property in the taxable income .....

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Jul 28 1993 (HC)

Mohmad Ayub @ Babbu Sagirbhai Shaikh Vs. Commissioner of Police and or ...

Court : Gujarat

Decided on : Jul-28-1993

Reported in : (1994)1GLR589

..... authority that the detenu is a 'dangerous person' within the meaning of section 2(c) of the pasa, 1985.47. the supreme court in municipal committee, amritsar v. hazard singh air 1975 sc 1087, has taken the view that even obiter dictum of the supreme court should be accepted as binding ..... no binding force. several decisions of the supreme court are on facts and that court itself has pointed out in gurcharan singh v. state of punjab 1972 fac 549 and prakesh chandra palhak v. state of uttar pradesh air 1960 sc 195 that as on facts no two cases could be ..... the absence of it is not an absolute bar to an order of preventive detention, the authority may prosecute the offender for an isolated act or acts of an offence for violation of any criminal law, but if it is satisfied that the offender has a tendency to go on violating such ..... affirmative and would say that the cases for the enumerated offences pending investigation will not stand excluded from the consideration of the detaining authority under the act.19. accordingly, the present special criminal applications will have to go before the appropriate bench for consideration on merits.s.d. dave, j. ( ..... addresses have not been disclosed by the detaining authority claiming the privilege available under section 9(2) of the gujarat prevention of anti-social activities act. 1985. it has also been stated that the detaining authority has been subjectively satisfied that the petitioner is indulging in nefarious activities prejudicial to the .....

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Sep 30 1993 (HC)

Tayab Abubakar Latif Vs. Jadhavji Mithabhai

Court : Gujarat

Decided on : Sep-30-1993

Reported in : (1994)1GLR767

..... to be bad and illegal. in this case the plaintiff had already placed before the tribunal the plans and estimates prepared by the architect and duly approved by the veraval municipality. therefore, there was no question of granting any provisional certificate. when all the formalities were completed the tribunal was right in directly issuing the final certificate as required under ..... was neither genuine nor bona fide. the defendant also denied the correctness and legality of the plans and estimates of the proposed new buildings and sanction given by the municipality for the same and availability of necessary funds with the plaintiff for erection of the said construction. the defendant has also challenged the admissibility and evidentiary value of the ..... wanted to build residential premises; that for the purpose of said proposed construction he got prepared plans and estimates by the qualified architect which have been sanctioned by the veraval municipality; that he had available with him necessary funds for the purpose of erection of the proposed construction and that he has also obtained necessary certificate from the tribunal as ..... ram and ors. v. jiwan lai and anr. : air1963sc499 wherein the supreme court was concerned with the patiala and east punjab states union urban rent restriction ordinance and under section 13(3)(a)(iii) and (before) of the said act the application for ejectment of tenant was made on the ground of bona fide requirement for reconstruction. in the said case .....

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Sep 17 1993 (HC)

Khevinaben R. Patel Vs. Jagdishchandra J. Desai

Court : Gujarat

Decided on : Sep-17-1993

Reported in : (1994)1GLR344

..... the effect of setting aside the abatement is merely to excuse delay in restoring the suit to an actionable condition xx15. in smt. chando devi v. municipal committee, delhi , the same question as to whether an order, setting aside abatement would amount to a judgment, came up for consideration before a bench of ..... dispute in the suit are touched by the order setting aside the abatement xx17. we find that the above pronouncements of the high courts of bombay, punjab and calcutta do adequately help us to decide the question that has arisen here for our consideration. in the present case, the learned single judge ..... a judgment of one judge of the said high court, or one judge of any division court, pursuant to section 108 of the government of india act made on or after the first day of february 1929, in exercise of appellate jurisdictioi. in respect of a decree or order made in the ..... under:xx the decision of mahrotra, j., dismissing the application was certainly a decision denying the right of the appellants alleged to have been conferred under the amending act. xx7. in radhy shyam v. shyam behari singh : [1971]1scr783 , the apex court was concerned with an order, setting aside an auction sale under ..... a sentence or order passed or made in exercise of the power of superintendence under the provisions of section 107 of the government of india act or in exercise of criminal jurisdiction of one judge of the high court or one judge of the division court pursuant to section 108 of the .....

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