Court : Gujarat
Reported in : (2003)4GLR325
..... section 14 of the sick textile undertakings (nationalisation) act, 1974. the hon'ble supreme court has observed in this case as under :'section 17 is a special ..... court in the case of workmen v. bharat coking coal ltd. and others, reported in 1978(2) llj, page 17/ 1978 (2) scc page 175. in this case, the hon'ble supreme court was dealing with the effect of section 17 of the coking coal mines (nationalisation) act, 1972 which was similar to the provisions of ..... to claim any benefits with regard to reinstatement or backwages against national textile corporation. the provisions contained in section 14(4) of sick textile undertakings (nationalisation) act, 1974 are very clear, which prohibits the employee from claiming any relief against the central government or national textile corporation. such person or employee may .....
Tag this Judgment!Court : Gujarat
Reported in : [2009]152CompCas456(Guj); [2008]84SCL457(Guj)
..... are being disposed of by this common judgment and order. 2. both these company applications are filed by state of gujarat through the secretary, industries & mines department, sachivalay, gandhinagar. 3. company application no. 562 of 2007 is in relation to priyalaxmi mills, vadodara a unit of gujarat state textile corporation ( ..... favour of respective bank and financial institution with registrar of companies. however, such charges were released by virtue of the provisions contained in the nationalization act. the pre- nationalization dues comprised only of dues created under the management by private owner. the pre- nationalization dues of such secured creditors from ..... government on payment of the reserve price or on reconstruction under the provisions of the cotton textile companies (management of undertaking and liquidation or reconstruction) act, 1967 and entrusted to the gstc for management, and to lend money to textile mill or guarantee loans secured by textile mills for scheduled .....
Tag this Judgment!Court : Gujarat
Reported in : (2002)4GLR3760
..... person in any court, the public prosecutor or assistant public prosecutor in charge of the case shall conduct the prosecution, and the pleader so instructed shall act therein under the directions of the prosecutor or assistant public prosecutor, and may, with the permission of the court, submit written arguments after the evidence is ..... observed that the prosecution in sessions case cannot be conducted by anyone other than the public prosecutor. that the roll of private counsel is limited to act under the direction of the public prosecutor. that he can submit written arguments after closure of the evidence with prior permission of the court. the object ..... , therefore, a special interest in preserving the integrity and independence of the judicial system and if the integrity or independence of the judiciary is threatened by any act of the state or any public authority, they would naturally be concerned about it, because, they are equal partners with the judges in the administration of justice .....
Tag this Judgment!Court : Gujarat
Reported in : 2007CriLJ1539
..... so, by assigning one or the other reason, the court should not be tempted to impose the punishment less than the minimum prescribed. under the old act i.e. act of 1947, no minimum punishment has been prescribed. so, the court can reduce the quantum of punishment i.e. substantive punishment when the accused is to ..... additional public prosecutor, that a rustic villager staying in a backward district or taluka like chotila, normally would behave in the manner in which the complainant has acted and reached to the office of the assistant director of acb at rajkot. this part of evidence has been rightly appreciated by the learned trial judge, is ..... judge has ignored certain improvements and contradictions and other important salient features which were otherwise required to be considered in a case under the prevention of corruption act. in certain type of prosecution case, the police and the prosecuting agency is leading stereotype evidence and in such type of prosecution cases, the courts are .....
Tag this Judgment!Court : Gujarat
Reported in : (1980)21GLR857
..... or piece rated wagers.analysing the implications of the expression 'employees concerned' used in column 3 against entry 59, schedule si to the bombay shops and establishments act, 1948, this is what has been stated in that decision:entry 59 in the second schedule makes the provision of section 18 inapplicable to bandloom and power- ..... should remain in force in respect of power-loom establishment and that the rest of sub-section (3) of section 18 of the bombay shops and establishments act, 1948, should not apply to power-loom establishments.13. in order to convince us that there is no difference between prohibition against deduction and the positive direction ..... section 13 inapplicable. the fact that in respect of section 18 as specified in column 3 against entry 59 in schedule ii to the bombay shops and establishments act, 1948, the legislature has not followed the pattern which they have followed in respect of section 13 clearly shows that the legislative intent was that prohibition against .....
Tag this Judgment!Court : Gujarat
Reported in : 2009ACJ1733; 2008GLH(1)616; (2008)2GLR1357
..... insurance fund authorised to do general insurance business under that act;(b) ...(c) 'liability', wherever used in relation to the death of or bodily injury to any ..... to the relevant provisions as under of the act:chapter xiinsurance of motor vehicles againstthird party risks145. definitions.- in this chapter,-(a) 'authorised insurer' means an insurer for the time being carrying on general insurance business in india under the general insurance business (nationalisation) act, 1972 (57 of 1972), and any government ..... the liability under section 163a is an independent statutory liability directly arising against the insurer.9.2 under the provisions of section 146 of the act, insurance is compulsorily required 'in relation to the use of the vehicle' and the policy has to compulsorily comply with the requirements of chapter .....
Tag this Judgment!Court : Gujarat
Reported in : (2002)2GLR741
..... by merely passing a resolution.31. from this, the only conclusion that can be drawn is that to benefit the wrong doers, the chairman has acted. he has acted arbitrarily as per his whims and caprice to benefit some at the cost of many innocent occupiers who are facing problems of parking their vehicles and nuisance ..... obliged to be people oriented. no functionary in exercise of statutory power can claim immunity, except to the extent protected by the statute itself. public authorities acting in violation of constitutional or statutory provisions oppressively are accountable for their behaviour before authorities created under the statute like the commission or the courts entrusted with ..... development', which reads as under: (viii). 'development' with all its grammatical variations and cognate expressions, means the carrying out of any building, engineering, mining, or other operations in, or over, or under land or the making of any material change in any building or land or in the use of .....
Tag this Judgment!Court : Gujarat
Reported in : 2008CriLJ953
..... thus, apart from being used for corroboration, the evidence is admissible in respect to other three matters i.e. under section 146(1) of the evidence act which provides questions lawful in cross-examination. the said section provides that when a witness is cross-examined, he may, in addition to the questions hereinbefore referred ..... as to evidence relating to electronic media and section 65-b provides admissibility of electronic records which reads as under:section 65b. 'notwithstanding anything contained in this act, any information contained in an electronic record which is printed on a paper, stored, recorded or copied in optical or magnetic media produced by a computer ..... any manipulation or fabrication. the learned advocate further submitted that all relevant conversation is a relevant fact and is admissible under section 8 of the evidence act which provides motive, preparation and previous or subsequent conduct. it was submitted that it is res gestae.6.1 it was also submitted that it is .....
Tag this Judgment!Court : Gujarat
Reported in : (2000)2GLR761
..... person to acquire or have in his possession or carry any firearm or ammunition unless he holds a licence issued in accordance with the provisions of this act and the rules made thereunder. (b) sec.4 provides for the licence for acquisition and possession of arms of specified description in certain cases and it ..... clear that the legislature itself has made a distinction while using the word 'person' and 'citizen at different places and different provisions through-out the scheme of the arms act and the rules made thereunder.7. under chapter ii - 'acquisition, possession, manufacture, sale, import, export and transport of arms and ammunition' -(a) sec.3 provides ..... says that 'person' shall include any company or association or body of individuals, whether incorporated or not. however, this court finds that in the provisions under the arms act and the arms rules, while in certain provisions the word 'person' has been used, the word 'citizen' has been used in other provisions and, therefore, one .....
Tag this Judgment!Court : Gujarat
Reported in : 2006CriLJ4443
..... with sections 149, 506(2) and also under section 135(1) read with section 135(1)(d) of the bombay police act. the accused no. 1 was also charge-sheeted for an offence punishable under section 30 of the arms act. as the offences in question were exclusively triable by the court of sessions, the learned magistrate committed the case to the .....
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