Court : Gujarat
Reported in : (1983)1GLR522
..... pradesh high court in a case reported at : air1960ap391 , where on similar facts the andhra pradesh high court had held that in such a case sessions judge himself acting under section 435 (old code) finds in such cases that a trial should be conducted on charges in respect of which there was a discharge, the only course available ..... prosecutor' as occurring in section 2(u) of cr. p. code, means any person appointed under section 24, and includes any person acting under the directions of a public prosecutor. section 24 of the code deals with the subject of public prosecutor, mr. barot, therefore, urged that if the submissions for framing ..... of the word 'prosecution' is to the effect that it means to bring before a court or to carry on a legal prosecution and the term 'prosecution' means the act of prosecuting in any sense. the term 'prosecutor' means one who prosecutes or pursues or carries on a civil or criminal suit. the definition of the word 'public .....
Tag this Judgment!Court : Gujarat
Reported in : AIR2008Guj187; (2008)3GLR2319
..... on 5.1.2007.3. on behalf of the petitioner mr. majmudar, learned advocate has submitted that in light of section 31 of the gujarat panchayats act, 1973 ('the act') read with rule 63 of the gujarat panchayat election rules, 1994 ('the rules') the declaration of the result cannot be said to be complete unless and ..... the date on which the last candidate was declared elected at a general election would not only make the provision cumbersome and contrary to the provisions of the act, particularly against the scheme of amendments introduced in 1956 and 1961 but would also make the starting point of limitation uncertain, indefinite and fluctuating. such construction ..... in form no. 31 by respondent no. 3, the district collector, surendranagar, would not extend the period of limitation statutorily prescribed under section 31 of the act. the subordinate court was, therefore, justified in rejecting the election petition filed by the petitioner on the ground of limitation.10. it is necessary to take note .....
Tag this Judgment!Court : Gujarat
Reported in : (1980)21GLR633
..... of bonus etc. indicate that the enquiry into a disputed claim of bonus under the scheme would necessarily be incidental to the main determination. the coal mines provident fund and bonus schemes act, 1948 did not certain at the relevant time any provision relating to exemption such as the one we have in sections 16 and 36 of the ..... could have been made in the scheme itself. it would, thus appear that a claim to bonus based on the provisions of the scheme under the coal mines provident fund and bonus schemes act, 1948 could not possibly involve investigation into questions such as those with which the labour court might have to deal under section 33c(2) of ..... other before this court and the relevant statutory provisions governing both the cases. the claim to bonus in east india coal co.'s case was based upon a scheme framed under the coal mines provident fund and bonus schemes act, 1948. the provisions of the said scheme are not before us nor are they elaborately discussed in the judgment. .....
Tag this Judgment!Court : Gujarat
Reported in : 2004ACJ1657
..... in the year 1972 from 2nd january 1973 and the general insurance corporation of india was to carry out its objectives under section 9 of the act. the act of 1972 bestowed an exclusive privilege to operate, on the four nationalized insurance companies. however, the exclusive privilege was taken away by virtue of ..... specified in clause (c) of article 39 of the constitution.13. the entire general business in india was nationalized by the general insurance business (nationalization) act, 1972. the government of india, through nationalization, took over the shares of 55 indian insurance companies and the undertakings of 52 insurers carrying on general insurance ..... and therefore `state' within the meaning of article 12 of the constitution, cannot overlook the underlying object of their formation and the constitutional obligation to act in a fair and reasonable manner without arbitrariness, in providing cover to persons in the field of general insurance.15. limitations have been imposed increasingly .....
Tag this Judgment!Court : Gujarat
Reported in : (2004)1GLR637; [2004]53SCL330(Guj)
..... principles specified in clause (c) of article 39 of the constitution.13. the entire general business in india was nationalised by the general insurance business (nationalisation) act, 1972. the government of india, through nationalisation, took over the shares of 55 indian insurance companies and the undertakings of 52 insurers carrying on general insurance business ..... the common detriment and for regulation and control of such business, the parliament enacted the general insurance business (nationalisation) act, 1972 (act 57 of 1972) which by section 2 declared that the said act was enacted for giving effect to the policy of the state as defined in article 12 towards securing the ..... added in section 24a, with effect from 7th august, 2002, the general insurance corporation, on and from the commencement of the general insurance business (nationalisation) amendment act, 2002 ceased to carry on general insurance business, as noted above.14.3 in this context, it was urged before us on behalf of .....
Tag this Judgment!Court : Gujarat
Reported in : (2004)2GLR1642
..... has been condemned by the supreme court. relevant para 3 of the said decision is quoted as under :'under section 9 of the general insurance business (nationalisation) act, 1972 (hereinafter referred to as 'the act'), general insurance corporation of india (in short gic) was set up as a government company for the purpose of superintendence, control and carrying out the business ..... well as gail both are 'state' within the meaning of article 12 and 14 of the constitution of india. the cited decision is in case of a insurance company-nationalised, and it is submitted that the conduct of gail should be a 'moral' conduct.i have carefully considered the ratio of the decision and the observations made by ..... 2001 was ordered to be operated up to 30.11.2001. so, it can be said that even if esl fails in furnishing the letter of credit of a nationalised bank situated at hazira in favour of gail, even then the interim relief was to continue for 31 days more. but, it can be legitimately concluded that the .....
Tag this Judgment!Court : Gujarat
Reported in : IV(2006)ACC345; 2006ACJ2019; AIR2006Guj120; (2006)2GLR1257
..... in state of haryana v. darshan devi 1979 acj 205 this court observed:-now that insurance against third party risk is compulsory and motor insurance is nationalised and transport itself is largely by state undertakings, the principle of no fault liability and on the spot settlement of claims should become national policy. 19 ..... tried accordingly. however, claim under section 140 is triable summarily and expeditiously without requiring the victim to establish death or permanent disability due to any wrongful act, neglect or default or the owner of the vehicle concerned or of any other person. compensation awarded under this provision is being awarded under no fault ..... rules, 1989 contains adequate provisions which would enable the claims tribunal to satisfy itself in respect of matters necessary for awarding compensation under section 140 of the act. sub-rule (9) of rule 231 provides that the claims tribunal shall proceed with the application for compensation, on the basis of -(i) first .....
Tag this Judgment!Court : Gujarat
Reported in : (2000)3GLR2505
..... building.42. our attention was drawn to sub-clause (8) of section 2 of the development act 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 operation, in or over or under land or the making of any material change ..... to be noted that the development act and the bpmc act operate in different fields. in the state list ii of viith schedule of constitution of india, entry no. 5 reads as under.'5. local government, that is to say, the constitution and powers of municipal corporations, improvement trusts, district boards, mining settlement authorities and other local ..... force, it is the surat urban development authority which can take action for providing roads and /or public streets in the city of surat; and the municipal commissioner acting under the act has no power to do so. in support of this contention, our attention was invited to sections 7 (1) (vi), 12 (2) (d), 20 ( .....
Tag this Judgment!Court : Gujarat
Reported in : (1979)2GLR464
..... which is contemplated by rule 4, our attention has been invited by the learned government pleader to the decision of the supreme court in the commissioner of coal mines provident fund, dhanhad and ors. v. j.p. lalla and sons air 1975 s.c. 676 and also to the decision of the delhi ..... determination of damages was left to an executive officer. the question arose in the context of section 143 of the employees' provident funds and miscellaneous provisions act, 1952, the constitutional validity of which was challenged in that case. the determination of damages under section 14b was left to the central provident fund commissioner ..... motor omnibus service within the definition made it impossible to find a rational principle under-laying the classification which has any relation to the object of the act. this court also found hostile discrimination under article 14 between government factories and government establishments other than factories. whereas government factories fell within the definition .....
Tag this Judgment!Court : Gujarat
Reported in : (1993)ILLJ916Guj
..... petitioners as apprentices-or to enter into contract of apprenticeship with the petitioners (iii) whether in the absence of any specific prohibition in the apprenticeship act against entering into contract of apprenticeship, are the parties free to enter into contract of apprenticeship (iv) on true and proper construction of contract of ..... labour altogether in certain notified process, operation or other works in any establishment. the court thereafter observed as under (p. 292) : 'neither the act nor the rules framed by the central government or by any appropriate government provide that upon abolition of contract labour, the said labour would be directly ..... court mr. mohit shah and mr. shelat appearing for the respondents contended that by adopting the process of reasoning by analogy under the apprentices act any trade, industry or establishment can employ apprentices under the apprentices contract. they submitted that the respondent-corporation has under the instructions of central .....
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