Court : Gujarat
Reported in : (2002)ILLJ21Guj
..... audit) (d) accounts officer (edp) (a) functions of accounts officers (revenue) the functions and duties of the accounts officer (revenue) is to supervise and control the functions of his subordinates and the functioning of division and sub-division offices working under him. this aspect can be explained as under: the board is functioning through ..... with the view of the learned single judge to the effect that even though the accounts officer may not be exercising managerial functions, he is certainly acting in a supervisory capacity.10. reference was made before thelearned single judge about the categories ofemployees serving as 'assistant secretary',who were held to be ' ..... , clerical or supervisory work for hire or reward, whether the terms of employment be express or implied, and for the purposes of any proceeding under this act in relation to an industrial dispute, includes any such person who has been dismissed, discharged or retrenched in connection with, or as a consequence, of that .....
Tag this Judgment!Court : Gujarat
Reported in : IV(2006)ACC432; 2006ACJ1941; (2006)1GLR637
..... cases.see also u.p. state road transport corporation v. trilok chandra and ors. : (1996)4scc362 9. the supreme court said in r.d. hattangadi v. pest control (india) pvt. ltd. and ors. : [1995]1scr75 that while fixing the amount of compensation payable to a victim of an accident, damages have to be assessed separately ..... another important factor for assessment of compensation. generally, age of victim is considered for application of multiplier as per the second schedule to section 163-a of the act. peculiar facts of the case may call for deviations. apex court said in general manager, kerala state road transport corporation v. susamma thomas and ors.(supra) ..... the executor, administrator or representative of the deceased may insert a claim for and recover any pecuniary loss to the estate of the deceased occasioned by such wrongful act, neglect or default, which sum, when recovered, shall be deemed part of the assets of the estate of the deceased.above quoted sections contemplate different and .....
Tag this Judgment!Court : Gujarat
Reported in : (2002)4GLR3377
..... components as detailed in annexure-a to the plaint.2. the facts giving rise to this petition are as under:-2.1 the plaintiffs are company incorporated under the companies act, 1913 carrying on business, inter alia, as manufacturers and sellers of furnace and other eingineering goods. m/s. polysteels (india) limited, defendant no. 1, are ..... the point. they have no application where the question is expressly dealt with in unequivocal terms in the contract but, like all rules in the sale of goods act, 1979, they will be given weight in construing an express contract which is ambiguous. however, the rule relating to unascertained goods is fundamental to the contract of ..... the charge is created or evidenced or a copy thereof verified in the prescribed manner, are filed with the registrar for registration in the manner required by this act within (thirty) days after the date of its creation.provided that the registrar may allow the particulars and instrument or copy as aforesaid to be filed within .....
Tag this Judgment!Court : Gujarat
Reported in : (2007)3GLR2648
..... no. 7 that, 'special court is a court of session'. it has also referred the provisions of section 14 of the scheduled castes and the scheduled tribes (prevention of atrocities) act, 1989 and observed in paragraph no. 9 that:thus, the court of session is specified to conduct a trial and no other court can conduct the trial of offences under ..... the act. why the parliament provided that only a court of session can be specified as a special court? evidently, the legislature wanted the special court to be court of sessions. hence .....
Tag this Judgment!Court : Gujarat
Reported in : (2007)3GLR2716
..... and demolished the property. shri bhavan desai and other staff called mobile police which came and went away. the complaint given to the police at navrangpura was never acted upon. the accused have taken law into their hands and used muscle power against the complainant.18.9. the wife of harish shah informed about the incident immediately ..... judge, who allowed the same on the objection raised by the accused based upon section 197 cr.p.c. and also section 161(1) of the bombay police act, which creates a bar of limitation of one year. the revision preferred by the complainant against the order of discharge was allowed by the high court on the ..... the superintendent of police and deputy superintendent of police alleging commission of several offences under the indian penal code and also under section 147g of the bombay police act. the metropolitan magistrate took cognizance of the offence and issued process to the accused, who on appearance filed a petition for discharge on the ground that no .....
Tag this Judgment!Court : Gujarat
Reported in : 2008ACJ2436
..... for the original claimants that since the tribunal had rejected the applications made by the appellant insurance company for permission under section 170 of the motor vehicles act, 1988, this appeal challenging the findings of the tribunal on negligence and quantum of compensation is not at all maintainable. strong reliance is placed on the ..... interlocutory orders passed by the claims tribunal. suppose the claims tribunal had passed order refusing to grant permission to the insurer under section 170 of the act, but ultimately after considering the evidence on record, if the tribunal were to come to the conclusion that the claimants had failed to prove negligence of ..... was vehemently submitted by mr. mehul shah for the claimants that when the first application, exh. 52 of the insurer for permission under section 170 of the act was rejected, second application on the same ground was not maintainable. the tribunal was, therefore, justified in rejecting the second application, exh. 54 on the .....
Tag this Judgment!Court : Gujarat
Reported in : (2006)2GLR1683
..... grant of bail in case of non-bailable offences. in my view, in the present case, this is not the stage to evaluate and consider evidence of acts and statements made by one of the conspirators in furtherance of the common object. therefore, this decision of the supreme court is not applicable to the facts ..... the meaning of the said word given in gujarati dictionary sthe modern gujarati-english dictionary republished by director of languages, gujarat state, 2nd edition, 1989 is the act of searching. the application given by the investigating agency indicates that the petitioner was not available and therefore, non-bailable warrant for search of the petitioner was ..... for the offences punishable under sections 292, 294, 295, 420 of i.p. code as well as under sections 5 and 9 of the immoral traffic (prevention) act, 1956. the complaint lodged by swami dharmaprasaddas was investigated and some of the accused were arrested. the petitioner has averred that with reference to the complaint lodged with .....
Tag this Judgment!Court : Gujarat
Reported in : (2006)2GLR1567
..... emphasis supplied)thus, in the aforesaid case, there was delay of three years in issuing the notice under section 84c of the bombay tenancy and agricultural lands act, 1948 which notice was quashed and set aside and it was held that the powers were not exercised within reasonable period of time by the concerned mamlatdar. ..... , especially para 2 thereof, as under :-2. although, mr. bhasme, learned counsel appearing for the appellant took a stand that under section 63 of the act aforesaid, there should not be any discrimination amongst the agriculturists with reference to the state to which such agriculturist belongs. but according to him even without going into ..... it has been held as under :-4. mr. dhaval dave, the learned asstt. government pleader, also invited my attention (to) section 32r' of the bombay tenancy act contending that on the petitioners' failure to cultivate the said land personally, he is liable to be evicted from the said land. the petitioners, after having the occupancy .....
Tag this Judgment!Court : Gujarat
Reported in : (2007)2GLR1796
..... sentence for a particular offence does not create any bar for extending the benefit of probation, either under section 360 of criminal procedure code or under the probation of offenders act in a particular case. a similar view has been taken in pidar singh v. state of rajasthan.18. in the result, present appeal is partly allowed. ..... any way affect the issue of the applicability of section 360 and 361 of the criminal procedure code, 1973 to the sentencing process. therefore, even though a special act may provide the sentence for offence whether fixing a minimum therefor or otherwise, this would be no reason for saying that these provisions of the code would be ..... for penal offences unless they are specifically excluded either in the statute itself or under the provisions of the said probation in relation to the offences under essential commodities act, obviously, the decision taken by the ld. spl. judge cannot be said to be, in any manner, wrong.14. according to mr. desai, in essential .....
Tag this Judgment!Court : Gujarat
Reported in : [1975]98ITR610(Guj)
..... the description given in the section. this view which we are taking is clearly support by the decision of the calcutta high court in rash mohan chatterjee v. controller of estate duty. there the division bench pointed out that the expression 'to the extent' introduced in our statute is a departure from the corresponding provisions in ..... whatsoever kind or in any way whatsoever, and the charge of duty was, therefore, attracted under section 102(2) (d) of the new south wales stamp duties act, 1920. the judicial committee while dealing with this contention took the opportunity of reviewing the earlier cases and in particular attorney-general v. worrall, grey v. attorney-general ..... clifford john chick v. commissioner of stamp duties, while dealing within a almost identical provisions in section 102(2) (d) of the new south wales stamp duties act, 1920-56, constitution a very difficult part of the second. it would be sufficient to state that according to the view taken by the supreme court in george .....
Tag this Judgment!