Court : Gujarat
Decided on : Apr-30-2002
Reported in : (2003)4GLR154
..... that he is being required to meet the allegations which might lead to a certain action being taken against him. that was a case of supersession of municipal committee under the provisions of the punjab municipal act, and it was held that the opportunity should be given to committee before an order of supersession is passed against it.[p] the decision of this court ..... any of the matters enumerated there under in sub-clauses (a) to (j), which include medical examination of persons. these provisions, apart from section 62 of the said act, clearly empowered the municipal commissioner by the sanction of the state government which, as noted above, was given in the present case by a separate notification dated 25-9-1994 of the state ..... on behalf of the appellants that there was no pre-decisional hearing given as required by the provisions of section 56(3) of the bombay provincial municipal corporation act, 1949 (hereinafter referred to as `the said act') and the post-decisional hearing cannot cure that defect. it was argued that the provisions of clause (b) of the proviso to sub-section (3) of ..... the time being in force which imposes any duty or confers any power on the corporation vests in the commissioner, subject to the provisions of the said act. therefore, the municipal commissioner in discharge of the obligatory duties of the corporation can issue executive direction canceling leave of the employees and requiring them to immediately report for duty, in the drive .....Tag this Judgment!
Court : Gujarat
Decided on : Apr-18-2002
Reported in : 2003ACJ422; AIR2003Guj44; (2002)3GLR327
..... covered by article 36, limitation act, and not by article 2.' 5.5(a) thereafter ..... would not have been instituted. if the municipal committee did not discharge its functions and was guilty of a breach of duty imposed by the punjab municipal act, it cannot be said to have omitted to do so in pursuance of the act, but in contravention of the act, this breach would he, in my judgment ..... smt. sushila devi and ors., (supra) where in identical situation the hon'ble supreme court has held in similar circumstances identical section of delhi municipal corporation act is not applicable when the damage is to be claimed under general law of tort. in my view, therefore, the submission of mr. munshaw ..... the head of the deceased. the fall of the branch of the tree cannot be attributed to any act done or purpoting to have been done in pursuance of the act etc., by the municipal corporation or any officer or employee thereof. the liability has arisen and has been sought to be enforced ..... the tree and the consequences flowing therefrom. in that case, the corporation contended that section 487 of the delhi municipal corporation act, 1957 which is pari materia of section 487 of the present act the suit is not maintainable. in that case, on behalf of the corporation submitted that corporation is an authority .....Tag this Judgment!
Court : Gujarat
Decided on : Feb-08-2002
Reported in : AIR2002Guj348; (2002)2GLR1132
..... right of participation and hearing to the chairman/vice-chairman against whom the motion is moved and likely to be passed. as has been mentioned above, relevant provisions of municipalities act and panchayats act containing detail procedure for passing no-confidence motion were pointed out to us and were read with various decisions rendered on those provisions by this court and the apex ..... decision of single bench of andhra pradesh high court (air 1972 ap 342) (supra) which was overruled by the division bench decision (supra) and decision of punjab and haryana high court which was overruled by the full bench decision (supra) of the same court.64. the division bench decision of andhra pradesh high court and full bench ..... .63. on behalf of the petitioners/appellants, heavy reliance has been placed on the division bench decision of andhra pradesh high court (7975 ilr 242) and full bench decision of punjab and haryana high court . it is also pointed out that the learned single judge (m. s. shah, j.), in his order impugned in the letters patent appeal relied on the ..... in conflict with the opinions expressed by other high courts, i.e., hindurao balwani patil and anr. v, krishnarao parshuram patil and ors., reported in : air1982bom216 and full bench of punjab and haryana high court in the matter of jagdev singh v. the registrar, co-operative societies, haryana and ors., reported in .5. at the outset, we consider it appropriate to .....Tag this Judgment!
Court : Gujarat
Decided on : Oct-28-2002
Reported in : (2003)2GLR1409
..... grounds alleged against the petitioner. mr. nanavati also very vehemently submitted that a solitary or stray incident is not enough for attracting the provisions of section 263 of the gujarat municipalities act, 1963. it is submitted that, for example, on a given day, for some reason, in a particular area, a stray cattle might be found on the road, and the same ..... that even if a single ground is, ultimately, found to be relevant, the same can be taken into consideration, at the time of passing order under section 263 of the municipalities act, even the order in question can be sustained on the availability of that one ground, ultimately, if it is found that there was rational and valid ground for initiating proceedings ..... that at the time of issuing the notice, any material worth the name was available with the state government for the purpose of initiating proceedings under section 263 of the municipalities act. 5. it is submitted by mr. nanavati that a democratically elected body cannot be removed in such a casual manner and the decision taken by the state is nothing but ..... the statute.' mr. nanavati has also strongly placed reliance on the decision of the apex court in tarlochan dev sharma v. state of punjab and ors., air 2001 sc 2524. in the case of removal of president of a municipality, it has been observed by the apex court as under in paragraphs 6, 10 and 12 :- '6. in a democracy governed by .....Tag this Judgment!
Court : Gujarat
Decided on : Jul-30-2002
Reported in : 116CompCas588(Guj)
..... cannot be assailed on the ground that certain aspects were not considered or the relevant provisions were not brought to the notice of the court (see ballabhdas mathuradas lakhani v. municipal committee, malkapur : air1970sc1002 and t. govindaraj mudaliar v. state of tamil nadu : 3scr222 ). when the supreme court decides a principle it would be the duty of the high court ..... matters other than law have 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  fac 549 and prakash chandra pathak v. state of uttar pradesh : air1960sc195 that as on facts no two cases could be similar, its own decisions which were essentially on ..... has time and again laid down the guidelines for reading and applying its own decision.(a) in the case of municipal committee v. hazara singh : 3scr914 , the supreme court dealing with the matter of the provisions of the food adulteration act approved the approach of the kerala high court in the following terms (page 796) :'judicial propriety, dignity and decorum, demand ..... official liquidator and it is not open to the lessors to seek direction against the official liquidator to disclaim the property.(i) that section 535(1) of the companies act, 1956 ('the act') specifies four types of properties and if the property does not fall within any of the four clauses, the official liquidator has no right to disclaim. that leasehold rights .....Tag this Judgment!
Court : Gujarat
Decided on : Mar-27-2002
Reported in : AIR2002Guj404; (2002)2GLR1480; (2002)2GLR569
..... the supreme court has said that grant of stay against recovery of graduated consolidated rate on annual value of holdings in terms of amended provisions of municipal act is not proper. (b) in the case of assistant collector of central excise's case (supra), the supreme court has deprecated the practice of ..... that in suit challenging the validity of the electricity consumption bill in due course, injunction should not be granted, he relied upon the following judgments : (a) siliguri municipality and ors. v. amalendu das, air 1984 sc 653; (b) assistant collector of central excise v. dunlop india limited, air 1985 sc 330; (c) ..... down in the judgments of the supreme court in kollipara sriramulu (supra) and dr. jiwan lal 's cases (supra) and the judgment of punjab & haryana high court in punjab state electricity board's case (supra) relied upon by mr. soparkar, learned counsel for the plaintiff is not applicable to the facts of the ..... t. aswatha narayana (dead), air 1968 sc 1028; (b) dr. jiwan lal and ors. v. brij mohan mehta and anr., air 1973 sc 559; (c) punjab state electricity board, patiala v. abnash textile trading agencies, ambala city, air 1986 p & h 323. (ii) the impugned notice dated january 30, 2002 is invalid, illegal ..... 31-12-2001. in the said notice, it is also stated that the said notice is issued under section 24(1) of the electricity act, 1910 ('the act' for short) and the plaintiff was asked to pay up the said amount within ten days from the date of issuance of the notice .....Tag this Judgment!
Court : Gujarat
Decided on : Apr-19-2002
Reported in : I(2004)BC63; (2003)1GLR18
..... the said case was decided on certain legal and factual aspects under the income tax act, 1961. therefore, it is not found to be relevant on the facts of the case before us.13.2. the case of municipal corporation of delhi v. ram kishan rohtagi, reported in air 1983 sc 67, ..... , in view of the said statement, it cannot be said that the complaint is ex-fade barred by limitation as contemplated in the negotiable instruments act. 1881.11. it has also been contended that the cheques stood only as collateral security for the purpose of contract. for this purpose, the ..... the complainant on oath, and thereafter, he directed that the complaint be registered and process be issued for offences punishable under section 138 of the act and for the offence punishable under section 420 read with section 114 of i.p.c. feeling aggrieved by the said order of the learned ..... the bank concerned. therefore, there is allegation that the petitioners herein have committed an offence punishable under section 138 of the negotiable instruments act, 1881 (for short, 'the act'). it is further alleged that the present petitioners have adopted a modus operandi designed and crafted to cheat the complainant and the entire ..... criminal case no. 96 of 2002 filed by respondent no. 2, herein, against the petitioners for offences punishable under section 138 of the negotiable instruments act, 1881 as well as for the offences punishable under sections 420 and 406 of i.p.c. before the learned metropolitan magistrate, court no. 15, .....Tag this Judgment!
Court : Gujarat
Decided on : Apr-29-2002
Reported in : AIR2002Guj428; (2002)2GLR1768
..... nos. 2 & 3 and notice of motion being no. 1510 of 2000 was also preferred below which ex pane interim relief against the ahmedabad municipal corporation was granted by the city civil court on 6-6-2000. initially, the petitioner-society who was plaintiff in the aforesaid civil suit did ..... 2) glr 871 wherein at para 15 after relying on the observations of the apex court in the case of keval krishna puri v. state of punjab & ors., reported in air 1980 sc 1008, the division bench observed as under ;'it has been rightly observed that legal formulations cannot be enforced/ ..... also accepted by the petitioner-society from the respondent nos. 2 & 3. the aforesaid clearly shows that there are more voluntary actions then merely acting upon the instructions/order of the district registrar. once the aforesaid procedure was completed, as back as in the month of december, 1998, it ..... do not find any justification to give restricted meaning to the word 'individual' competent to contract as provided under section 22(l)(a) of the act. therefore, it is apparent that the individuals competent to contract irrespective of their capacity as trustees or otherwise would be eligible to be admitted as ..... . patel further submitted that there is no rationale in putting such restriction upon the word 'individual' because the trustees are the individuals who are acting in furtherance of the trust deed. mr. patel submitted that if the interpretation results into public policy then only the restricted meaning can be given .....Tag this Judgment!
Court : Gujarat
Decided on : May-06-2002
Reported in : (2002)3GLR369
..... 18-6-1992, and therefore, her request for granting continuity of service cannot be entertained. this order dated 30-10-1996 passed by the assistant municipal commissioner, 5th zone, baroda is under challenge in this petition. though, it is mentioned in the award dated 28-3-1988 that the relief ..... 2 of the said judgment are reproduced as under :'leave granted.the plaintiff is in appeal against the impugned judgment of the high court of punjab and services stood terminated and he filed the suit for declaring the order of termination null and void. the suit was dismissed. the lower appellate ..... with the misconduct of dishonesty and misappropriation. therefore, the labour court was right in exercising the powers under section 11-a of the industrial disputes act, 1947 and granted only re-employment on the post of peon without back wages and in doing so, the labour court has not committed ..... set aside and the matter is remanded to the industrial tribunal for fresh consideration in accordance with the provisions of section 11a of the industrial disputes act, especially the proviso to the said section, by taking into consideration only the materials on record and not the past record of service of ..... documents like fresh evidence cannot be considered by the labour court. this has been made clear by the statutory provisions itself. section 11-a of the act is required to be considered for that purpose. same is, therefore, reproduced as under :'11-a. powers of labour courts, tribunals and national .....Tag this Judgment!
Court : Gujarat
Decided on : Jun-17-2002
Reported in : (2002)3GLR744
..... the land which was declared as surplus land bearing survey no. 71 of village mava. mr. nanavati also relied on a judgment in case of rajkot municipal corporation v. lavjibhai m. patel, reported in 2000 (3) glr 2293 to show that if the possession of the land in question is not taken over ..... of t.n. state housing board v. a. vishwam, reported at 1996 (8) scc 259 and in the case of balmukund khatri v. state of punjab, reported at 1996 (4) scc 212 has also observed that it is now well settled legal position that it is difficult to take the physical possession of ..... therefore, when in the present case, the possession is taken over in the presence of the panchas by drawing the panchnama and when it is also acted upon by initiating the proceedings against the petitioner for encroachment and unauthorised construction, it cannot be said that the possession is not taken over lawfully. as ..... not taken in accordance with law, and therefore, this court should ignore the fact of taking possession and the petitioner be granted the benefit of repeal act. the contention, prima facie appears to be attractive, but upon detailed scrutiny, it transpires that the facts remains that the possession is already taken over ..... also relied upon the judgment of the apex court in case of yara singh v. state of punjab, reported in 2000 (3) clt 274 to show that the scope and ambit of the corrigendum under section 45 of the act. 11. mr. nanavati also submitted that in any case, from the documentary evidence produced by .....Tag this Judgment!