Court : Gujarat
Decided on : Jul-11-2007
Reported in : 2008ACJ2711; (2008)1GLR327
..... it provides for 40% damages. the section at relevant time reads as under:4. amount of compensation:- (1) subject to the provisions of this act, the amount of compensation shall be as follows, namely:_____________________________________________________________________________(a) where death results from an amount equal to (forty percent) ofthe injury monthly wages ..... such applications are filed within limitation, computation of compensation has to be made by the commissioner with reference to the date on which the act foisted the liability on the employer to pay compensation and created corresponding right in the employee to receive this compensation. if merely because the commissioner ..... of compensation as mentioned in schedule iv got revised upward ipso facto, it cannot be said that they become applicable to pending proceedings unless the amending act shows a different legislative intention.7.1a. thereafter, in para 30 particularly clause (3) on page 74 the court observed like this:(3) if, .....
Tag this Judgment!Court : Gujarat
Decided on : Nov-29-2007
Reported in : 2008GLH(1)213; (2008)1GLR470
..... means the superior holder or girasadar;explanation:- in this clause, the expression 'girasadar' shall have the meaning signed to it in the saurashtra land reforms act, 1951 (sau. act xxv of 1951.)9.1. on perusal of the said definition, it is clear that it does not contemplate that there cannot be co-owners or ..... the petitioner, upon being aggrieved by the said order dated 26-12-1995, preferred a revision application before the competent authority under section 35 of the fragmentation act and in the said proceedings the competent authority, after hearing the parties, passed the order dated 30-10-1996/2-11-1996 whereby the competent authority ..... application praying for a declaration that the aforesaid transaction may be declared void under the provisions of the bombay prevention of fragmentation and consolidation of holdings act, 1947 ('the fragmentation act' for short).3.2 as per the petitioner's case, the deputy collector, petlad heard the said application and passed the order dated 26- .....
Tag this Judgment!Court : Gujarat
Decided on : Aug-16-2007
Reported in : (2008)1GLR544
..... multiple of 10 should be applied and deduction of 50% towards cultivation expenses should be made. the claimants are also entitled to statutory benefits under amendment act 68 of 1984.15. this court has heard both the learned advocates and also gone through the evidence on record and paper-book produced by learned advocate ..... have filed their objections against the proposed acquisition. after considering their objections, the special land acquisition officer submitted his report under section 5a(2) of the act, which provides hearing of objections, to the state government. considering the said report, the state government was satisfied with the lands of village sarbhan, which were ..... were likely to be needed for the said purpose. in view of the same, the state government issued a notification under section 4(1) of the act, which provides publication of preliminary notification and powers of officers thereon. the said notification was published in official gazette on 8-2-1996. after the said .....
Tag this Judgment!Court : Gujarat
Decided on : Oct-05-2007
Reported in : (2008)2GLR1377
..... rightly held guilty but in view of the minor difference found during surprise checking, the learned trial judge could have given benefit of the probation of offenders act to the appellants, especially when they themselves were not traders and the shop was managed by the co-operative society.4. this court has considered various aspects ..... 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 learned spl. judge cannot be said to be, in any manner, wrong.3. ms. d.s. pandit, learned additional ..... the inspecting team who had undertaken exercise of inspection. so keeping this totality in mind, the learned trial judge could have given benefit of probation of offenders act to the appellants. ultimately, the appellants were the officebearers of a co-operative society. the appellant, no. 1 was the sales manager of the said fair .....
Tag this Judgment!Court : Gujarat
Decided on : Aug-23-2007
Reported in : [2008(117)FLR815]; (2008)1GLR530
..... . 3. the short facts necessary for disposal of the present matter are that the respondent gabhabhai amarbhai parmar filed a recovery application under section 33c[2] of the industrial disputes act, submitting, inter alia, that he was employed by the present petitioner-employer on consolidated annual salary of rs. 700/-. this i am recording from the statement of gabhabhai amarbhai, which ..... and after collecting th said articles, payments were made to the said pickers. as the parties joined the issue, the learned court below, even under section 33c[2] of the act started making an inquiry into the relationship of master and servant. the applicant-petitioner gabhabhai amarbhai was examined and he stated that he was working as a helper in the .....
Tag this Judgment!Court : Gujarat
Decided on : May-03-2007
Reported in : 2007CriLJ4165
..... suitable remedy for redressal of the established infringement of the fundamental right to life of a citizen by the public servants and the state is vicariously liable for their acts. the claim of the citizen is based on the principle of strict liability to which the defence of sovereign immunity is not available and the citizen must receive the ..... interest of the applicant and the respondent but also the interests of the public as a whole with a view to ensure that public bodies or officials do not act unlawfully and do perform their public duties properly, particularly where the fundamental rights of a citizen under article 21 are concerned.10.3 as held by the apex ..... section 176 of the code. it is not in dispute that the magisterial inquiry has taken four years to conclude and even the belated report and recommendations were not acted upon for years and, after the charge-sheet issued as late as in the year 2001, the departmental action has also taken five years to be concluded with .....
Tag this Judgment!Court : Gujarat
Decided on : Aug-09-2007
Reported in : [2008(117)FLR621]; (2008)ILLJ580Guj
..... was not maintainable. he also submitted that looking to the gravity of misconduct, termination was the only appropriate punishment.6. section 2(s) of the industrial disputes act, 1947 reads as under:(s) 'workman' means any person (including an apprentice) employed in any industry to do any manual, unskilled, skilled, technical, operational, ..... 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 dispute ..... supreme court observed that in a welfare legislation, if a particular provision is capable of two constructions, one which furthers the policy and object of the act and which is more beneficial to the employees, should be preferred. in the said matter, the supreme court observed that dismissal of the person found .....
Tag this Judgment!Court : Gujarat
Decided on : Jun-15-2007
Reported in : (2009)221CTR(Guj)83
..... relief under the agreement for the avoidance of double taxation of income was available to the assessee and the salaries and perquisites received by the assessee were exempt under the it act, 19612. in spite of service, none appeared for the respondent.3. the issue raised in this question is whether the assessee is entitled for the relief under the agreement for .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-14-2007
Reported in : 2008ACJ1551; (2007)2GLR1663
..... all relevant factors including the appropriate multiplier are to be kept in mind. the position is well settled that the second schedule under section 163-a to the act which gives the amount of compensation to be determined for the purpose of claim under the section can be taken as a guideline while determining the compensation under ..... payment of compensation on the basis of structured formula as provided for under the second schedule should not ordinarily be deviated from. section 168 of the motor vehicles act lays down the guidelines for determination of the amount of compensation in terms of section 166 thereof. deviation of the structured formula, however, as has been held ..... assessing the prospective income at a much higher figure.(ii) the tribunal erred in adopting the multiplier of 12 years. as per the second schedule to the motor vehicles act, 1988 the multiplier of 15 years was required to be adopted.6. on the other hand mr. r.h. mehta, learned advocate appearing for respondent no. .....
Tag this Judgment!Court : Gujarat
Decided on : Nov-30-2007
Reported in : [2008(117)FLR819]; (2008)2GLR1153; (2008)IILLJ396Guj
..... that the same are perverse, this court cannot interfere with the same. even if the two views are possible, this court cannot substitute the same and cannot act as an appellate authority while exercising such powers. mrs. pahwa, learned advocate for the petitioner has not been able to point out any jurisdictional error and/or ..... become fatal to the reference. as no limitation has been prescribed in the id act, 1947 for raising of an industrial dispute, it has to be raised within reasonable period. labour court has no jurisdiction to dismiss the reference on the ground ..... this court about delay on the part of the workman in raising of an industrial dispute becoming fatal to the reference, considering the provisions of the industrial disputes act, no limitation has been prescribed in the statute for raising of an industrial dispute. merely because the dispute is raised belatedly, after some period, that cannot .....
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