Court : Gujarat
Decided on : Jun-06-2003
Reported in : (2004)2GLR1051
..... constitution of india, challenging interalia the detention orders passed by the respective detaining authority in exercise of section 3 of the gujarat prevention of anti-social activities act, 1985 (hereinafter referred to as 'the pasa act') on various and divergent grounds, a common ground of challenge emerging in all the questioned detentions in ..... activities prejudicial to the maintenance of public order. section 2(b) of the pasa act defines who is a 'bootlegger' whereas section 2(c) of the said act provides statutory definition of a 'dangerous person'. the detaining authority is empowered under section 3(2) of the pasa act to pass detention order on reaching the subjective ..... civil application no.825 of 2003, are treated and described as 'bootleggers' as defined under section 2(b) of the pasa act and only one offence is registered against each detenu under the provisions of the bombay prohibition act, 1949, whereas in special civil application no.825 of 2003, the detenu is treated as .....
Tag this Judgment!Court : Gujarat
Decided on : Jun-11-2003
Reported in : (2004)1GLR864
..... , the public order and peace will be disturbed by the petitioner. he also submitted that the detaining authority has rightly claimed the privilege under section 9[2] of the pasa act as both the witnesses are afraid for disclosing their names and address to the police authority and therefore, after considering the entire material before him ..... way of this petition, the petitioner has challenged the detention order dated 7th december, 2002 passed by the police commissioner, surat city under the provisions of section 3[1] of the pasa act, 1985. pursuant to the said detention order, the petitioner has been detained in district jail, junagadh. from the record, it transpires that against the ..... one offence came to be registered on date 13th october, 2002 at kapodara police station being c.r.no.763 / 2002 under section 66[1][b], 65[e][a] and 81 of the prohibition act. the petitioner has been arrested on 16th october, 2002 and thereafter, he was released on bail. the detaining authority has considered .....
Tag this Judgment!Court : Gujarat
Decided on : Jun-16-2003
Reported in : (2003)3GLR2281; (2004)ILLJ114Guj
..... to first decide the workmen's entitlement and then proceed to compute the benefit so adjudicated on the basis in exercise of its power under section 33c(2) of the act. it is only when the entitlement has been earlier adjudicated or recognized by the employer, and thereafter, for the purpose of implementation or enforcement ..... 1998 (2) glh 996 (gujarat state road transport corporation v. keshavlal maneklal shah). shri pathak further contended before the learned single judge that under section 33c(2) of the act, the labour court had wider jurisdiction to entertain any claim of the workmen based on the statutory provisions. he submitted that once the labour court ..... that the workmen had pre-existing right, therefore, without pre-adjudication of their claim the labour court was right in entertaining direct applications under section 33c(2) of the act and decided it in favour of the workmen as there was sufficient evidence in the form of evidence of workman-shri ketan pandya. shri pathak .....
Tag this Judgment!Court : Gujarat
Decided on : Jun-17-2003
Reported in : (2003)3GLR2222
..... have filed civil application nos. 2235, 2236, 2237, 2239, 2240, 2241, 2242, 2243, 2244 and 2245 of 2003, seeking compliance of the provisions of section 17b of the act. the main matters are already on board, awaiting final hearing. the learned advocate for the respondents-workmen, ms. pahwa, submitted that in view of the decisions of ..... the supreme court, these civil applications filed seeking compliance of section 17b of the act, be heard giving priority, before the main matters are taken up for final hearing. in support of her contention, she relied upon a judgment of the ..... the respondents were the workmen, and the order granting interim relief was passed reserving the liberty to the workmen to file an application/affidavit under section 17b of the act, insistence on the part of employees is not bona fide.3. the learned advocate for the respondents next relied upon a judgment in the matter .....
Tag this Judgment!Court : Gujarat
Decided on : Jun-19-2003
Reported in : AIR2004Guj26; (2003)3GLR2234
..... be referred to the authority whose decision thereon shall be final. 'authority' has been defined under sub-section (1) of section (2) of the supply act. 'authority' means central electricity authority constituted under section 3. section 3 requires that the central government shall constitute a body called the central electricity authority generally to exercise such ..... which may be injurious to and against the interest of the society, even against law and mere notification of such regulation framed under section 79 of the supply act in the official gazette for the enforcement of such regulation is not sufficient, but such regulation should be approved by the state legislature, ..... accumulation of arrears in lacs and lacs even in crores without resorting to recover either by disconnection of the supply of energy under section 24 of the supply act or by requiring additional security from the consumer or by instituting legal proceedings against the consumer, the board is responsible for its own .....
Tag this Judgment!Court : Gujarat
Decided on : Jun-19-2003
Reported in : III(2004)ACC260
..... of new india assurance co. ltd. v. c.m. jaya : [2002]1scr298 , that the liability of the insurer before amendment in 1988 was limited as provided in section 95 of the act. no doubt, it was open to make wider coverage by making payment of additional or higher premium. so is not the case before us. however, it is certain ..... law.contention no. 1 with regard to liability:6. in our opinion, after having seen the copy of the policy and examining the provisions of section 95(2) of the then applicable motor vehicles act, 1939, the policy produced at exh. 25 and proved in the evidence of the divisional manager of the insurance company, we are of the clear ..... company it has been contended that the liability of the insurance company was limited to the extent of rs. 1,50,000/- as the insurance covered was under an act policy.(2) on behalf of the original applicants, it has been contended that the amount of compensation awarded by the tribunal is grossly inadequate and highly unreasonable requiring upward .....
Tag this Judgment!Court : Gujarat
Decided on : Jun-19-2003
Reported in : 2004ACJ629; (2003)3GLR2386
..... jaya, 2002 (2) scc 278 : [air 2002 sc 651 : 2002 acj 271] that the liability of the insurer, before amendment in 1988, was limited as provided in section 95 of the act. no doubt, it was open to make wider coverage by making payment of additional or higher premium. so is not the case before us. however, it is certain that ..... law.contention no. 1 with regard to liability :6. in our opinion, after having seen the copy of the policy and examining the provisions of section 95(2) of the then applicable motor vehicles act, 1939, the policy produced at exh. 25 and proved in the evidence of the divisional manager of the insurance company, we are of the clear ..... , it has been contended that the liability of the insurance company was limited to the extent of rs. 1,50,000/- as the insurance covered was under an act policy.2. on behalf of the original-applicants, it has been contended that the amount of compensation awarded by the tribunal is grossly inadequate and highly unreasonable requiring upward .....
Tag this Judgment!Court : Gujarat
Decided on : Jun-20-2003
Reported in : (2003)184CTR(Guj)312
..... mr. akil qureshi, learned counsel appearing on behalf of the revenue has submitted that only question that was brought before the court was applicability of section 4qa(2) of the act and it was not possible to take into consideration any other aspect of the matter, including various findings recorded by the tribunal as regards the transaction ..... empowered to function as a 'super commissioner' by stating that though the order was incorrect yet it was correct to the extent of applicability of section 40a(2) of the act, because according to the tribunal the arrangement was irrational and unreasonable and that there was no proper basis for the terms stated in the dissolution ..... legitimate business needs of the assessee.37. both the cit and the tribunal have not even cared to take into consideration that the provisions of section 40a(2) of the act stipulate that ito has to arrive at opinion that the expenditure is excessive or unreasonable, having regard to :(a) fair market value of the goods .....
Tag this Judgment!Court : Gujarat
Decided on : Jun-20-2003
Reported in : II(2004)ACC214; 2004ACJ172; AIR2003Guj327; (2003)3GLR2018
..... cases where an application for permission is erroneously rejected the insurer can challenge only that part of the order while filing appeal on grounds specified in sub-section (2) of section 149 of the act. but such application for permission has to be bona fide and filed at the stage when the insured is required to lead his evidence. so ..... nos 911 and 1055 of 1992 are not maintainable, as the insurance company had not made any application, and the tribunal had not passed any order, under section 170 of the act for permitting the insurance company to avail the grounds available to an insured or to the driver. both the civil applications are accordingly allowed. rule is made ..... statutory defence was available to the insurance company. it is true that respondent i was allowed to contest on merits despite not following the procedure laid down under section 170 of the act, and as a result the compensation claim of rs. 2,60,000/- was not granted in full and only rs. 1,05,000/- was granted to .....
Tag this Judgment!Court : Gujarat
Decided on : Jun-26-2003
Reported in : (2004)1GLR906
..... be aggrieved parties which would grant them right to prefer an appeal. for this purpose attention was invited to the provisions of section 32g of the act read with section 32h as well as section 43 of the act and it was contended that the order in tenancy case no. 5/71 granted benefit to the respondents as the respondents ..... the public notice and the individual notices are required to specify the date on which the said parties shall appear before the mamlatdar & alt. sub-section (2) of section 32g of the act lays down the mode and manner in which the statement of the tenant is to be recorded by mamlatdar & alt regarding willingness or otherwise to purchase ..... issued by the mamlatdar & alt. if the reasoning of the deputy collector and the tribunal is correct then phrase 'as far as practicable' in sub-section (1) of section 32g of the act becomes redundant and otiose. the statute does not mandate the service of individual notice to other persons once the public notice is issued. the phrase ' .....
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