Court : Gujarat
Reported in : IV(2006)ACC345; 2006ACJ2019; AIR2006Guj120; (2006)2GLR1257
..... be.explanation.- for the purposes of this sub-section, permanent disability shall have the same meaning and extent as in the workmen's compensation act, 1923 (8 of 1923).(2) in any claim for compensation under sub-section 91), the claimant shall not be required to plead or establish that the death or permanent disablement in respect ..... 140. section 142 defines what will be treated as permanent disablement. section 143 provides for applicability of chapter x also to claims for compensation under the workmen's compensation act. section 144 gives overriding effect to the provisions of chapter, notwithstanding anything contained in any other provisions of the motor vehicles ..... expeditiously as possible. the benefit of the provisions of the chapter would also be available in cases where compensation is claimed in respect of a motor accident under any other law, as for example the workmen's compensation act, 1923. it may also be mentioned that the owner of a vehicle will have to insure himself .....
Tag this Judgment!Court : Gujarat
Reported in : [2006(111)FLR1097]; (2006)2GLR889; (2006)IIILLJ196Guj
..... services of the employee, the management has acted maliciously or vindictively or has been actuated by a desire to punish the employee for his trade union activities, the tribunal would be entitled to give adequate protection to the employee by ordering his reinstatement, or directing in his favour the payment of compensation; but if the ..... jurisdiction which a labour court or an industrial tribunal can exercise in dealing with such disputes is well settled. if the termination of an industrial employee's services has been preceded by a proper domestic enquiry which has been held in accordance with the rules of natural justice and the conclusions reached at ..... with procedure and laws, did not interfere with the discretion exercised by the employer in the matter of imposition of punishment. the division bench (coram: s.b. majmudar & s.m. soni, jj.) [municipal commissioner, baroda v. sanatkumar d. brahmbhatt (supra)] is correct when it holds that punishments other than discharge or dismissal .....
Tag this Judgment!Court : Gujarat
Reported in : (2006)2GLR952
..... express on fire. in the judgment rendered in december, 2003 in case no. oa 0300027 filed by the original petitioner (the first respondent in this appeal) for compensation for the injuries sustained by him, the railway claims tribunal had recorded the following finding :-it may be stated that the incident of the coach being set on ..... to look into the same incident at godhra which took place on 27.2.2002 and the other allied questions regarding the acts of negligence, defaults and wrongs on the part of the employees of the railway administration were allied or consequential issues added on the premise that the passengers in the train were mainly responsible ..... is no dispute about the fact that the original petitioner was one of the passengers travelling in s-6 coach of the sabarmati express. in fact, the original petitioner had filed case no. oa 030027 against the railway administration for compensation alleging that when the train reached the godhra railway station, the said coach was set on .....
Tag this Judgment!Court : Gujarat
Reported in : (2006)1GLR680
..... rendered by him in the past also has to be considered. in cases where the railway servant's entire service has been proved to be dishonest then the discretion of granting the compassionate allowance can be exercised against such employee. however, this has to be legitimately inferred from the entire service rendered by the removed railway servant ..... the present case the petitioners have violated the rule of audi alteram partem and, under the garb of rectification of a mistake by reviewing an administrative order, have acted arbitrarily and unjustly, and therefore, this action of withdrawing the benefit of compassionate allowance to the respondent is vitiated and is bad in law. it is not ..... of norfolk:the requirements of natural justice must depend on the circumstances of the case, the nature of the inquiry, the rules under which the tribunal is acting, the subject-matter that is being dealt with and so forth.2.while it is true that over the years there has been a steady refinement as regards .....
Tag this Judgment!Court : Gujarat
Reported in : (2006)2GLR1615
..... is not having any service bye laws of its own. he also submits that the state government has not framed any rules under the act relating to service conditions of the employees of society. he also submits that in absence of recruitment rules which have not framed by society as well as the state government, ..... 'ble mr. justice k. sreedharan, cj and hon'ble mr. justice m.s. shah) observed as under in para 5 and 8 of the judgment:5. section 76 of the gujarat cooperative societies act 1961, relates to appointment of the officers and employees of the societies and other conditions of service. it states that the qualifications for ..... available to petitioners under the id act, 1947 for challenging retrenchment notices. he also submits that earlier, pursuant to the directions issued by this court (coram: s.k. keshote, j.) in special civil application referred to earlier, respondent no. 2 was directed by the registrar, cooperative societies to retrench some employees and also to frame recruitment .....
Tag this Judgment!Court : Gujarat
Reported in : (2006)2GLR1385
..... an error in not giving any deduction towards developmental charges.... it would be just and appropriate to deduct 30% towards developmental charges out of the amount of compensation payable to the appellant @ rs. 2 per sq.ft. in the matter of viluben jhalejar contractor (supra) the hon'ble supreme court has considered the ..... attorney was given to the appellant to camouflage the transfer of the property in the acquired lands in contravention of the transfer of property act, bombay stamp act, registration act, and also the tenancy act. [there cannot be a valid transfer of property by giving a power-of-attorney]. as stated in the aforesaid power-of-attorney dated ..... between acquired land and the nearest town providing educational, business, industrial and institutional facilities, could be relevant when deciding market value.11. in the matter of m/s. ahad brothers (supra) the hon'ble supreme court has held that the reference court as well as the high court were right in holding that, the land .....
Tag this Judgment!Court : Gujarat
Reported in : 2006ACJ2222
..... and vijuben were travelling was insured with the appellant, the appellant and other opponents were made jointly and severally liable to pay the 50% of the amount of compensation after deducting the share of the driver of the luxury bus, who was made equally liable. negligence was also attributed equally to the drivers of both vehicles ..... tribunal or the labour court while adjudicating upon a penal termination of service of a workman either under section 10 or under section 33 of the industrial disputes act to call upon the employer to adduce additional evidence to substantiate the charge of misconduct by giving some specific opportunity after decision on the preliminary issue whether ..... each case presents its own features. it is not everything said by a judge while giving judgment that constitutes a precedent. the only thing in a judge's decision binding a party is the principle upon which the case is decided and for this reason it is important to analyse a decision and isolate from it .....
Tag this Judgment!Court : Gujarat
Reported in : IV(2006)ACC225; 2008ACJ104
..... 166 is filed, adjustment of amount paid under section 140 with amount awarded under section 166 can be done since court has to award `just' compensation under section 168 of the act and avoid unjust enrichment of the victim. no other point is urged. 15. therefore, we find no infirmity with the impugned order. appeal is ..... 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 liability, therefore final, claimable by the insurer from the ..... shall have effect notwithstanding anything contained in any other provision of this act or of any other law for the time being in force.10. the object behind these sections is to speed up payment of compensation on no fault principle. the victim(s) of accident are, under these beneficial provisions, entitled to get the .....
Tag this Judgment!Court : Gujarat
Reported in : [2006]132CompCas606(Guj); [2006]71SCL274(Guj)
..... and therefore a charge created by the company which is required to be registered either by the company or by ongc under section 125 read with s. 134 of the companies act, failing which it would be void against the liquidator or creditors of the company and since such purported charge has not been registered either by the ..... buyer a right of stopping the goods in transit after he has parted with the possession of them; and a right of resale as limited by this act. section 47 provides seller's lien. section 49 provides termination of lien which reads as under:-49(1) the unpaid seller of goods loses his lien thereon -(a) when he ..... official liquidator reported in : air2005sc1814 where the hon'ble supreme court has explained after considering the provisions of sections 529a, 529 and 446 of the companies act and inter se priority between sworkmen's dues and debts due to secured creditors and also also considering its earlier judgment in allahabad bank v. canara bank (supra), in paragraph no. 23 .....
Tag this Judgment!Court : Gujarat
Reported in : (2006)2GLR925
..... 14, 2005 and july 15, 2005, which were filed by abdul sattar abdul rehman and others against the state of gujarat, the dy. s.p. mr. raj had received information about commission of offence punishable under the act. he had informed his immediate official superior on phone and after requisitioning services of panch-witnesses prepared first part of panchnama immediately. in the ..... arbitrary, capricious or whimsical and is a check on exercise of power to seize the goods. again, in s. narayanappa and ors. v. commissioner of income tax : [1967]63itr219(sc) the expression sreason to believe in section 34 of the income tax act, 1922, has been interpreted by the supreme court to mean a purely subjective satisfaction on the part of income .....
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