Court : Gujarat
Reported in : (2003)2GLR1281
..... doing any miscellaneous work, such as labour work, interest amount and income from the agricultural field or any other activities wherein the workman is getting some amount even by way of rent, that cannot be considered to be gainful employment of the workman concerned because section 17b is very clear that employer shall have to prove that the workman is employed in any ..... to prove that the workman has been employed in any establishment and has been receiving the remuneration adequate to his requirement as per proviso to section 17b of the industrial disputes act, 1947, even otherwise, even if it would have been proved that the respondent-workman has been earning something by driving the auto rickshaw, that would not have fallen in ..... may be earned by using personal skill by doing labour and miscellaneous work or by receiving some amount in the form of interest, such amount and the like amount from rent income of the properties that may be received by the workman during such interregnum period pending petition before the high court cannot be said to be an emoluments generated from the ..... with the question, i would like to refer to chapter vi of maxwell on the interpretation of statutes, the chapter deals with construction to prevent evasion, which reads as ..... (1) clr 563, the delhi high court has observed ..... , reported in 1995 (2) llj 1150, while examining the nature and scope of section 17b as well as conditions precedent for claiming the benefits, it has been observed by the kerala .....
Tag this Judgment!Court : Gujarat
Reported in : II(1993)ACC638; 1993ACJ630; (1993)2GLR1051
..... in the context of interpretation of section 14b in the light of the relevant provisions contained in section 25b of the delhi rent control act, 1958, it has been held (at page 98) : 'true it is not permissible to read words in a statute which are not there, but where the alternative lies either supplying by implication words which appear ..... clear that the position of law for the purpose of the true scope and ambit of section 95(2)(b)(ii) of the act of would remain the same as it was prior to its amendment by act 47 of 1982 except to the extent of the liability of the insurer upwardly revised there by with respect to ..... it found the second category of passengers fall within the purview of sub-clause (i) of section 95(2)(b) of the act, the natural meaning to the word 'passengers' simpliciter occurring in sub-clause (ii) thereof will result into some ..... it would be quite proper to look at the relevant provisions contained in section 95(2)(b) of the act, as it stood prior to its amendment by act 47 of 1982, with effect from october 1, 1982, which reads as under : '(b) where the vehicle is a vehicle in which passengers are carried for hire or reward or by reason of or in pursuance of a contract of employment, - (i) in ..... and doubt arising out of the co-relation of that language with the words 'in all' which occur in clause (a), must be resolved by having regard to the underlying legislative purpose of the provisions contained in chapter viii of the act which deals with third party risks. .....
Tag this Judgment!Court : Gujarat
Reported in : (1970)11GLR798
..... affidavit of the applicant or his duly constituted agent stating that the amount claimed is not in excess of the rent recoverable under the act.it was argued before the court that clause (2) of rule 5 in terms speaks of proceedings under chapter viii of the presidency small cause courts act and not proceedings under the rent act or in exercise of powers under section 49 of the rent act, his lordship, the then chief justice, said:the rule could have been expressed in more ..... . the court did not go into the question whether the powers under chapter viii of the presidency small cause courts act would be available to the rent court if there was no provision in that regard made under the rent act but pointed out that the powers to issue distress were available under the rent act itself by virtue of clause (iii) of sub-section (2) of section 49 of the act and that clause (2) of rule 5 read with rule 6 of the rules in so far as they ..... lucid terms, but, read as a whole, it is clear that it empowers the small cause court even while exercising its jurisdiction under the rent act, to take proceedings under chapters vii and viii of .....
Tag this Judgment!Court : Gujarat
Reported in : (1974)15GLR303
..... one rule, namely, rule 15-a and this rule provides that notwithstanding anything contained in chapter v and rule 15, in the city of ahmedabad the provisions of chapter iv and rule 14 shall mutatis mutandis apply to suits, proceeding, applications, appeals and execution of orders under sections 28 and 29 of the rent act, the procedure to be followed by the court of small causes at ahmedabad in trying and hearing suits, proceedings, applications, appeals and execution of orders under sections 28 and 29 would, ..... act, 1882, and(3) proceedings for execution of any decree or order passed in any such suit or proceeding the court of small causes, bombay, shall follow the practice and procedure provided for the time being (a) in the said act, except chapter vi thereof, and (b) in the rules made under section 9 of the said act.admittedly, if rule 5 is to be read alone, the present miscellaneous application will not fall within sub-rules (1), (2) or (3) of rule 5 of the bombay rent act ..... with the rules which fall in chapter iv-a of the bombay rent act rules, as we are not concerned with regard to the procedure to be followed by the court of small causes established under the provincial small cause courts act, 1887. ..... chapters iv, iv-a, v, vi-a and vii of the rent act rules prescribe the procedure to be followed by the courts specified in sections 28 and 29 in trying and hearing suits, proceedings (including proceedings for execution of decrees and distress warrants), applications; appeals .....
Tag this Judgment!Court : Gujarat
Reported in : II(1987)ACC80; AIR1988Guj13; (1987)1GLR559
..... with respect, it is not possible to agree with the aforesaid view expressed by the division bench of the andhra pradesh high court on the scheme of the act, though it must be held that on the facts of the cash lie fore the andhra pradesh high court, ultimate decision that such claim could not be entertained by the tribunal was quite justified ..... in this appeal, a short but interesting question regarding jurisdiction of the motor accident claims tribunal constituted under section i 10(l) of the motor vehicles act, 1939 to adjudicate the claim for compensation filed against persons other than the driver, owner and insurer of the offending motor vehicle involved in the accident, falls for ..... this decision obviously cannot be of any assistance to the teamed advocate for the union of india as the delhi high court in that case was concerned with the claim for compensation arising out of the accident which was not caused on account of any rash and negligent use of the motor ..... it is true that chapter vii-a was added to the motor vehicles act, 1939 by the legislature by act 47 of 1982 incorporating ..... a scooterist who was the claimant before the delhi high court had alleged that (sic) while going on his scooter on the ring road at about ..... were also taken to the decision of the delhi high court in the case of madanlal jain ..... the case before the delhi high court was almost parallel to the case before the himachal pradesh high court in the ..... corporation of delhi 1982 acc cj 374: (air 1982 delhi 282) .....
Tag this Judgment!Court : Gujarat
Reported in : (2009)2GLR1348
..... and any other claim (whether made in such application or otherwise) for compensation in respect of such death or permanent disablement shall be disposed of in accordance with the provisions of chapter vii-a.section 110c provides for procedure and powers of the claims tribunal and lays down that the claims tribunal shall have all the powers of a civil court for the purpose ..... expression takes different colour depending upon the context of the statutes, but there is nothing to indicate contrary in context of section 165 of the act inasmuch as others provisions subsequent thereto under chapter xii of the motor vehicle act (new) so as to gather different intention therefrom particularly in view of the clear legal position enunciated by hon'ble apex court in kaushnuma ..... the accident involving the death or bodily injury to persons or damage to any property of third party so arisen or both, the claimants would be divested from claiming compensation under the aforesaid provisions of act, thus, import of the concept of negligence from common law and law of torts to exclude the jurisdiction of claims tribunal on the principle of fault required to be established by victims and legal representative ..... has jurisdiction to decide claim petition and affirmed finding recorded by order dated 4/4/1995 that issues as to whether claim petition was cognizable under motor vehicles act or workmen's compensation act holding that this claim petition could be decided by motor accidents claims tribunal. .....
Tag this Judgment!Court : Gujarat
Reported in : (1983)2GLR1364
..... , and so long as the right to redeem has not been extinguished by a decree of the court or by the act of the parties, the mortgagor is entitled to go to a court of law to enforce his right.relying on the said ratio, the learned advocate for the petitioner has invited us to examine various provisions of the bombay rent act in order to submit that the scheme of the bombay rent act is such that the standard rent should be decided by the court even if an application for fixation of standard ..... the right to file a fresh application if an application for fixation of standard rent is dismissed for default is not taken away by the provisions of the bombay rent act and order 9, rule 9 cpc cannot be held to have taken away the said right as stated hereinabove. ..... thus as per chapter iv-a of the bombay rent control rules, a court of small causes established under the provincial small cause courts act, 1887 has to follow as far as may be and with necessary modifications the procedure applicable to suits or proceedings referred to in rule 9-a as if such applications were suits of the description referred to therein. ..... chapter iv-a of the bombay rents, hotel and lodging house rates control rules, 1948 (hereinafter referred to as the bombay rent control rules) provides for the procedure to be followed by a court of small causes established under the provincial small cause courts act, 1887, in suits, proceedings, etc. .....
Tag this Judgment!Court : Gujarat
Reported in : (1964)0GLR804
..... present at the meeting, chandrakant bakubhai being a partner of shah manilal mulchand was interested in the resolution but he had not disclosed the nature of his concerned or interest as required by section 299 of the companies act, 1956 ; (2) chandrakant bakubhai was interested in the cancellation of the adat agreement and yet he took part in the discussion on the resolution; and (3) the presence of chandrakant bakubhai could not be counted for the ..... not concerned with the question whether a particular resolution passed by the board of directors was illegal, invalid or not binding on the company on the ground of violation of any of the provisions of the companies act, 1956, but the only question was whether the action of the directors or controlling shareholders, whether wrongful or not, amounted to oppression of the minority shareholders or was prejudicial to the interests of the company and ..... stated in its report : 'a detailed study of the performance of each unit has been made in earlier chapters, but the overall impression left is that except for cards and the weaving shed, other units of machinery ..... fasciculus of sections comprising sections 397 and 398 occurs in a chapter headed 'prevention of oppression and mismanagement', the sub-heading being ..... of a fascicles of sections commencing from section 397 and ending with section 407 and this fascicles of sections occurs in section a dealing with powers of court under chapter vi headed 'prevention of oppression and mismanagement'. .....
Tag this Judgment!Court : Gujarat
Reported in : 1997CriLJ1549; (1996)1GLR395
..... abuse:(ii) to bring certain controlled substances which are used for manufacture of narcotic drugs and psychotropic substances under the ambit of narcotic drugs and psychotropic substances act and to provide deterrent punishment for violation thereof;(iii) to provide that no sentence awarded under the act shall be suspended, remitted or commuted :(iv) to provide for pre-trial disposal of seized drugs:(v) to provide death penalty on second conviction in respect of ..... court has got all the powers conferred on it under chapter xxix of the code while dealing with an appeal preferred against conviction and sentence passed under the ndps act and the power under section 389 of the code is one such power conferred under chapter xxix of the code and therefore, eventhough the provisions of the ndps act should prevail over the general enactments like cr.p.c. ..... considering the law as discussed in the order of the division bench passed on 20th july 1995, it was not possible for the division bench to agree with the view expressed by another division bench of ..... as the mother of the convict expired on 1 1-11-7-1995, on behalf of the convict, his wife preferred in application inter alia contending that the convict is the only son and he has to perform the after-death ceremonies and hence he may be continued ..... 1995 released the convict on bail with a direction to report at ellis bridge police station on 5th and 6th june 1995 ..... on 22/23 july 1995 for performing the after ..... 1995 ..... on 7th march 1995 in misc. ..... 1995 .....
Tag this Judgment!Court : Gujarat
Reported in : AIR2002Guj221; (2002)2GLR1109
..... therein made without the written permission of the commissioner shall be void as against all claims of the corporation enforceable under the attachment.7.4 transfer of property act, 1882 makes provisions for charges in chapter iv, and section 100 thereof provides as under :-'section 100 :where immovable property of one person is by act of parties or operation of law made security for the payment of money to another, and the transaction does not amount to a mortgage, ..... had acquired the decretal rights of the second mortgagee under a deed of assignment dated 20th september, 1972.7.1 section 141(1) which falls for our consideration reads as under :'section 141(1) : property taxes due under this act in respect of any building or land property shall, subject to the prior payment of the land revenue, if any, due to the state government thereupon, be a first charge, in the case of any building ..... . it was held by referring to the provision of section 128(1) of the delhi act (similar to rule 1 of chapter viii of the said act) that the substantive liability of the owner to pay taxes cannot be defeated by the non-intimation under section 128 or by the failure of the transferee to have his name ..... transfer in his favour but even for the period anterior to the transfer,(c) reliance was also placed on the decision in state bank of bikaner v. national iron & steel rolling corporation, reported in 1995 (2) scc 19, in which the supreme court, dealing with section 11-aaaa of the rajasthan sales .....
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