Court : Gujarat
Reported in : (2001)1GLR603
..... right to life, liberty and security of person. article 10. everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him. article 11.1. everyone charged with a penal offence has the right ..... cannot be taken away without due process of law. it would be interesting to refer to the fourth amendment made in the united states constitution, which came into force in 1789:'amendment iv. the right of the people to secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be ..... services for his defence.32. the universal declaration of human rights and the constitutional provisions enshrined in chapters iii and iv and the provisions of legal services authorities act, 1987 and the provisions of section 304 of the code of criminal procedure manifest the human rights deriving from the dignity and worth in the human beings. .....
Tag this Judgment!Court : Gujarat
Reported in : [2009(121)FLR1015]; (2009)1GLR834; (2009)IVLLJ198Guj
..... or the distribution or sale of the products of the factory or establishment or any person engaged as an apprentice, not being an apprentice engaged under the apprentices act, 1961 (act no. lii of 1961), or under the standing orders of the establishment.section 2(22) 'wages' means all remuneration paid or payable in cash to an ..... , or the distribution or sale of products of the factory or establishment or any person engaged as an apprentice, not being an apprentice engaged under the apprentices act, 1961 (act no. lii of 1961), or under the standing orders of the establishment; but does not include'.5.1. the contention raised by appellant before e.s. ..... the evidence on record and after considering the judgments of different high court and supreme court, the court below came to the conclusion that apprentice under the apprentice act or under the standing orders are not included within the definition of 'workmen' and their stipend or training expenses are not included within the meaning of 'wages .....
Tag this Judgment!Court : Gujarat
Reported in : (2007)3GLR1918
..... it cannot be gainsaid that, in a welfare state dedicated to social justice, police force is meant for protection of rights of the people and cannot convert itself into an instrument of oppression or violate human rights of the people with impunity. in ..... of fundamental rights cannot be corrected by any other method open to the judiciary to adopt. the right to compensation is some palliative for the unlawful acts of instrumentalities which act in the name of public interest and which present for their protection the powers of the state as a shield. if civilization is not to ..... and she was put into a mental condition in which she was impelled to immediately commit suicide at the tender age of around 16 years. the subsequent acts of commission and omission which are required to be fully and properly investigated, obviously denied to the petitioner even access to justice after proper investigation and trial. .....
Tag this Judgment!Court : Gujarat
Reported in : (2009)2GLR1132
..... of law for deciding matter according to law but if party has failed to do so, than the blame cannot be made against claims tribunal that claims tribunal has not considered amended and not amended section 147 of the act. therefore, decision of hon'ble apex court is not applicable to facts and circumstances of this case because exercising jurisdiction on equity does ..... .e. before amendment made in section 147 of motor vehicles act. therefore, insurance company is not liable. therefore, whole matter remained as it is between insurance company and claimants to decide whether passengers were travelling as a owner of goods or not but neither lawyer of insurance company or claims tribunal examined real question that accident is occurred prior to amendment of .....
Tag this Judgment!Court : Gujarat
Reported in : (2003)3GLR2516
..... as following latest decisions and relevant judicial pronouncements.the propositions and principles enunciated in the case-law by the hon'ble apex court :77. in public services tribunal bar association v. state of u.p., 2003 air scw 653, it has been clearly held that the burden of proof is upon the propounder of the ..... and most of time in english. the legislative frame, object, scheme of policy of the impugned act :9. the impugned act has come into force, on 22nd november, 2000. the impugned act comprises of only 10 sections. the object of the act is to regularise the unauthorised development in urban development area or development area in the state. ..... requisitions complied with the fire safety measures and structural stability requirements as per the national building code and the indian standard specifications for the time-being in force and it shall be the duty of the committee to advise the designated authority on the question so referred.(ii) the committee shall follow such procedure .....
Tag this Judgment!Court : Gujarat
Reported in : [2009]148CompCas85(Guj); (2009)1GLR577
..... to various judgments had come to the conclusion that the case for winding up in accordance with section 433(1)(e) of the act has not been made out and the division bench committed error in not considering all the relevant materials and yet in jumping to ..... date and that the inability referred to in the expression 'unable to pay its dues' in section 433(e) of the companies act should be taken in the commercial sense and that the machinery for winding up will not be allowed to be utilized merely as ..... pay its debts and after the filing of a petition for the winding up of the company under section 439 of the companies act, 1956, the company pays the principal amount due to the creditor during the pendency of the petition but does not pay the ..... the company adduces prima facie proof of the facts on which the defence depends. where the debt is undisputed the court will not act upon a defence that the company has the ability to pay the debt but the company chooses not to pay that particular debt. .....
Tag this Judgment!Court : Gujarat
Reported in : (2006)2GLR1663
..... 26 it is held as under:26. there is one more point. under section 4(1)(a)(iv) of the act proceedings which are required to be stayed are proceedings pending before any court, tribunal, officer or authority, which includes all. it does not require to be stressed that court taking up payment of wages ..... threat of unemployment of industrial workers. srelief undertaking means under section 2(2) an industrial undertaking in respect of which a declaration under section 3 is in force. by section 3, power is conferred on the state government to declare an industrial undertaking as a relief undertaking, sas a measure of preventing unemployment or ..... and proceedings which are already commenced are to be stayed during the operation of the notification. under section 4(b), on the notification, ceasing to have force, such obligations and liabilities revive and become enforceable and the proceedings which are stayed can be continued. these provisions are aimed at resurrecting and rehabilitating industrial .....
Tag this Judgment!Court : Gujarat
Reported in : [2003]261ITR113(Guj)
..... of manufacture or production of any article or thing for the purposes of availing of the benefit of deductions under sections 80hh and 80-i of the income-tax act, 1961. the tribunal was, therefore, wrong in holding that ship breaking activity gives rise to manufacture and production of altogether new articles or things and in allowing deductions under sections ..... time of payment in cash or by the issue of a cheque or draft or by any other mode, whichever is earlier, deduct income-tax thereon at the rates in force.17. under the moa, the assessee was responsible for paying to the seller non-resident, the amounts specified therein for the purchase of the ship for demolition purposes. ..... section (1) of section 195 is to see that, on the sum which is chargeable under section 4 of the act, for levy and collection of income-tax, the payer should deduct income-tax thereon at the rates in force, if the amount is to be paid to a non-resident. the said provision is for tentative deduction of income- .....
Tag this Judgment!Court : Gujarat
Reported in : 181(2003)CLT134
..... not an activity for manufacture or production of any article or thing for the purposes of availing the benefit of deductions under sections 80hh and 80-i of the it act, 1961. the tribunal was, therefore, wrong in holding that the ship-breaking activity gives rise to manufacture and production of altogether new articles or things and in allowing deductions under ..... time of payment in cash or by the issue of a cheque or draft or by any other mode, whichever is earlier, deduct income-tax thereon at the rates in force.9.3. under the moa, the assessee was responsible for paying to the seller nonresident, the amounts specified therein for the purchase of the ship of demolition purposes. ..... section (1) of section 195 is to see that, on the sum which is chargeable under section 4 of the act, for levy and collection of income-tax, the payer should deduct income-tax thereon at the rates in force, if the amount is to be paid to a non-resident. the said provision is for tentative deduction of income- .....
Tag this Judgment!Court : Gujarat
Reported in : AIR2010Guj8
..... , a 'district court having jurisdiction' shall, notwithstanding anything contained in the code of civil procedure, 1908, or any other law for the time being in force, include a district court within the local limits of whose jurisdiction, at the time of the institution of the suit or other proceeding, the person instituting the ..... or other civil proceeding arising under this chapter in respect of the infringement of copyright in any work or the infringement of any other right conferred by this act shall be instituted in the district court having jurisdiction.(2) for the purpose of sub-section (1), a 'district court having jurisdiction' shall, notwithstanding anything ..... the register and accordingly rectify the same. therefore the plaintiffs have filed the said suit for infringement of copyright by the defendants as well as against the act of passing off by the defendants. thus, in substance, the suit has been filed by the plaintiffs for infringement of trade mark 'domex', infringement of .....
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