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Judgment Search Results Home > Cases Phrase: rationale Court: gujarat Year: 1970 Page 1 of about 8 results (0.011 seconds)

Sep 23 1970 (HC)

Rasiklal Patel and ors. Vs. Kailasgauri Ramanlal Mehta and ors.

Court : Gujarat

Decided on : Sep-23-1970

Reported in : (1971)12GLR355

p.n. bhagwati, c.j.1. these two petitions raise an interesting question of law as to the constitutional validity of sees. 96 to 102 of the gujarat co-operative societies act, 1961. special civil application no. 452/68 arises out of a dispute between a cooperative society and its members while special c.a. no. 1188/69 arises out of a dispute between a cooperate society and a non member. since different considerations may apply in determining the constitutional validity of sees. 96 to 102 according as the dispute is between a co-operative society and a member or between a co-operative society and a non-member, it is necessary to notice separately the facts of each petition.2. re : special civil application no. 452/68 : the second respondent society is a co-operative society registered under the bombay co-operative societies act, 1925 and deemed to be registered under the gujarat cooperative societies act, 1961. the petitioners are members of the second respondent society and they claim to be allotters of plots nos. 9a and 9b are sub-divisions of original plot no. 9. this claim is disputed by the first respondent. her case is that she is a member of the second respondent society and the whole of plot no. 9 has been allotted to her. it appears that the second respondent society did not agree with the claim put forward by the first respondent and the first respondent, therefore, 'made an application to the registrar of co-operative societies hereinafter referred to as 'the .....

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Jun 17 1970 (HC)

Shantilal Jethalal Vyas and ors. Vs. State of Gujarat and anr.

Court : Gujarat

Decided on : Jun-17-1970

Reported in : (1971)12GLR221

b.j. divan, j.1. the petitioners herein who are the members of the gujarat bidi karkhana owners' association, have filed this petition on their own behalf and on behalf of the bidi manufacturers of the state of gujarat; and in this petition they have challenged the notification, dated may 7, 1965, issued by the government of gujarat, fixing minimum wages in the scheduled employment under the minimum wages act, viz., employment in any tobacco (including bidi making manufactory. the petitioners contend that for the various reasons which they have set out in the petition, this notification is illegal and void and, therefore, they have prayed for a writ of mandamus or a writ in the nature of mandamus on the footing that the impugned notification is ultra vires the minimum wages act and also ultra vires the provisions of articles 14 and 301 of the constitution of india. they have further asked for a declaration and they have prayed for a writ of mandamus restraining the state government, its agents and servants from implementing the impugned notification. on may 23, 1962, acting under the powers conferred upon it by section 9 of the minimum wages act (hereinafter referred to as the act), the government of gujarat appointed a committee consisting of three persons, madhavlal shah, as the chairman, vijaykumar trivedi, as representing labour and gokalbhai patel, as representing employers in the scheduled employment shown at item no. 3 in the schedule i.e., employment in any tobacco ( .....

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Mar 01 1970 (HC)

Ramjubhai Kalidas Vs. I.G. Desai Income-tax Officer and ors.

Court : Gujarat

Decided on : Mar-01-1970

Reported in : [1971]80ITR721(Guj)

p.n. bhagwati, c.j.1. these petitions raise a question as to the constitutional validity of sub-sections (1) (c) (iii) and (5) of section 132 of the income-tax act, 1961. to determine this question it is not necessary to refer to any facts and, therefore, we would have ordinarily refrained from reciting the facts giving rise to these petitions but there is also a subsidiary point raised by the petitioners and that calls for a statement of the facts. the facts of both the petitions are identical and we may, therefore, conveniently narrate the facts with reference to the first petition, namely, special civil application no. 163 of 1970. one amirbhai alibhai was the owner of a shop situate in an important business locality in ahmedabad. the petitioner, according to his case as set out in the petition, was carrying on business in gold and silver coated cotton threads as a licensee in this shop. on 22nd august, 1968, the officers of the central excise department raided this shop and, as a result of the search made by them, seized primary gold weighing 40 grammes, one gold bar bearing foreign marks and weighting 10 tolas which was lying beneath a brick under the floor, two british guineas contained in an envelope kept under charcoal. 76 grammes of gold ornaments, rs. 15,280 in currency notes from the counter of the shop and currency notes of rs. 3,480 lying in a handkerchief near the table. one krishnala meghraj who is the petitioner in the other petition was present in the shop at .....

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May 02 1970 (HC)

Chhabildas Mehta, M.L.A. and ors. Vs. the Legislative Assembly, Gujara ...

Court : Gujarat

Decided on : May-02-1970

Reported in : (1970)11GLR729

p.n. bhagwati, c.j.1. this petition raises issues of great constitutional importance. though various reliefs are claimed in the petition, the main question which arises for consideration in the petition is whether a certain resolution passed by the legislative assembly of the gujarat state by a majority of members present and voting for adjournment of the assembly sine die is void as being outside the power of the assembly. the facts giving rise to the petition are few and undisputed and they may be gathered from the transcript of the proceedings of the house produced before us by the assembly at the time of the admission of the petition.2. the petitioners are members of the gujarat legislative assembly belonging to the opposition. the present ruling party in the assembly is congress (organisation). the assembly was summoned by the governor to meet on 18th february 1970 in exercise of his power under article 174 of the constitution and according to the schedule fixed by the speaker, the assembly session was to continue upto 8th april 1970. the government business was first taken up by the assembly and it occupied the time of the house from 18th february 1970 to 28th march 1970. no private members business was transacted in the assembly upto that date since the days allotted by the speaker for private members' business were all after 28th march 1970. on 27th march 1970 there was a meeting of the business advisory committee which is a committee constituted by the speaker under .....

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Sep 30 1970 (HC)

D.S. Patel and Co. Vs. Gujarat State Textile Corporation Ltd. and ors.

Court : Gujarat

Decided on : Sep-30-1970

Reported in : [1971]41CompCas1098(Guj); (1972)0GLR33

mehta, j.1. the petitioners in both these petitions challenge the validity of sections 3 and 4 of the bombay relief undertakings (special provisions) act, 1958 (which is hereinafter referred to as the 'state act'), and the notifications issued by the state government under these sections. in spl. c.a. 638/69 the petitioners has further challenged the validity of section 18a and 18e(1)(c) of the industries (development and regulation) act of 1951 (which is hereinafter referred to as the 'central act') as well as the notifications issued under section 18a thereof. 2. so far as spl. c.a. 589/69 is concerned, the facts are that the petitioner is a partnership firm and the third respondent, the new manekchowk spinning and weaving co. ltd., is a company registered under the indian companies act, 1913. the said company owns a factory, namely, a textile mill, which has 628 looms including 100 automatic looms and is running about 28,000 spindles. this company is found to be employing about 1,700 workers at its factory. the petitioner firm is having business with the third respondent and as such it had some dealings with it. it is found that on 23rd august, 1968, respondent no. 3 - the company - purchased 100 bales of cotton from the petitioner firm on condition of 80% of cash payment. in fulfilment of this agreement a cheque for the amount of rs. 62,500 was given by the third respondent to the petitioner-firm. this cheque was dishonoured and subsequent cheques with were issued were .....

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Oct 15 1970 (HC)

Gujarat Beedi Karkhana Owners' Association and Ors. Vs. Union of India ...

Court : Gujarat

Decided on : Oct-15-1970

Reported in : (1971)GLR690; (1972)ILLJ253Guj

j.b. mehta, j. 1. in these two petitions the petitioners challenge the vires of the provisions of the beedi and cigar workers (conditions of employment) act, 1966, hereinafter referred to as 'the act'. although the first petition was intended to be filed as the representative petition by the association, no permission under o. 1 r. 8 was ultimately obtained. therefore, both the petitions are filed by the individual employers. there is no dispute that all these employers are employing workers for the manufacture of beedi either on their premises or they employ home-workers. the existing employment in the present cases is not through contract labour but those provisions are challenged as the act covers within its scope even the contract labour which would be getting the same conditions of employment as prescribed by the act. in the beginning various points were sought to be raised in these petitions but ultimately the challenge on the ground that there is a violation of the guarantee of free inter-state trade and commerce under art. 301 and as to the vires of s. 3 and as to the vires of the various provisions which have extended the benefits of other acts by a process of incorporation by reference has been given up at the time of hearing. both the petitions, therefore, now challenge the provisions of the act on the following three grounds :- (1) ground-a :- that the parliament has no legislative competence to enact this act as in pith and substance the matter falls under entry .....

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Sep 08 1970 (HC)

Ranchhodbhai Bhaijibhai Patel Vs. Commissioner of Income-tax, Gujarat ...

Court : Gujarat

Decided on : Sep-08-1970

Reported in : [1971]81ITR446(Guj)

p.n. bhagwati, c.j.1. this reference arises out of an assessment to income-tax made of the assessee for the assessment year 1964-65, the corresponding account year being the financial year ended 31st march, 1964. the assessee had a large area of ancestral agricultural land admeasuring 2,02,088 square feet situate in village savad at some distance from baroda city. two agreements of sale were entered into by the assessee in respect of different portions of this land, one on 27th june, 1962, and the other on 7th july, 1962. by the agreement of sale dated 27th june, 1962, the assessee agreed to sell 2 acres 2 gunthas of land was agreed to be company of baroda and the remaining 30 gunthas of land was agreed to be sold to bapunagar co-operative housing society ltd., by the agreement of sale dated 7th july, 1962. the land was being used for agricultural purposes by the assessee and it was, therefore, apparent that by reason of section 63 of the bombay tenancy and agricultural lands act, 1948 (herein-after referred to as 'the tenancy act'), the assessee would not be able to sell any portion of the land to ajay construction company or bapunagar co-operative society ltd., pursuant to the agreements of sale unless the land ceased to fall within the definition of 'land' in section 2(8) of the tenancy act. the assessee accordingly applied to the collector under section 65 of the bombay land revenue code, 1979, for permission to make non-agricultural use of the land and such permission .....

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Nov 04 1970 (HC)

Narottamdas L. Shah Vs. State of Gujarat and anr.

Court : Gujarat

Decided on : Nov-04-1970

Reported in : (1971)12GLR894

d.a. desai, j.1. a fundamental question of far reaching importance going to the root of administration of justice as adopted in our country is raised in this group of criminal revision applications. the applicant in each of the applications who is original accused is the editor of a daily news paper jai hind published simultaneously from rajkot and ahmedabad. in the rajkot edition of the jai hind daily published on 21st january 1969, 22nd january 1969, 23rd january 1969, 25th january 1969 and 4th february 1969 there appeared certain articles adversely reflecting upon the purity and efficiency of administration in police department of rajkot district. one mr. p.g. navani was the district superintendent of police rajkot district at the relevant time. certain passages in the said articles in particular and all articles in general were considered to be per se defamatory of mr. navani a public servant in discharge of his duty. the state government accordingly directed the public prosecutor of rajkot to file five different complaints against the applicant for having committed an offence under section 500 of the indian penal code in the court of sessions at rajkot. the public prosecutor filed five separate complaints against the applicant in the court of sessions at rajkot. when the trial of the offence was about to commence, the public prosecutor in charge of the case on behalf of the state gave a single line application in each case: that the case be held in camera, purporting to .....

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