Court : Gujarat
Decided on : Mar-10-2006
Reported in : (2006)3GLR1982
..... for the petitioner submitted that initially the land in question was restricted tenure land, and therefore, an application was preferred under section 43 of the bombay tenancy and agricultural lands act, 1948 (hereinafter referred to as 'the act, 1948), where upon the order dated 18th january, 2005 (annexure 'b' to the memo of petition) has been passed ..... , new tenure land was converted into old tenure land. necessary amount of premium fixed by the collector, vadodara under section 43 of the act, 1948 has also been paid. subsequently, an application was preferred under section 65 of the bombay land revenue code, 1879 for getting n.a. permission and the impugned order has been passed ..... , vadodara is not permissible under the rule of law. he cannot presume the breach of another law (i.e. the act, 1947), without giving notice and without hearing the applicant (of application under section 65 of the code, 1879).it is possible that the same officer (here, he is collector) can be an authority .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-10-2006
Reported in : II(2007)DMC195; (2007)2GLR1272
..... , as sufficient incriminating evidence was found against the accused, she came to be charge-sheeted before the learned judicial magistrate, first class, rajkot. as the offence under section 306 of the ipc is exclusively triable by the court of sessions, the learned magistrate committed the case to the court of sessions, rajkot, which came to be ..... the course of domestic interaction. there is not an iota of evidence, leave alone any reliable or trustworthy evidence, to the effect that there were any acts of cruelty, either physical or mental, committed by the accused upon the deceased, which could have led her or instigated her to commit suicide. neither is there any ..... the deceased and there is no evidence to the effect that the husband of the deceased has succumbed to the alleged instigation by the accused and committed any act of cruelty on the deceased. moreover, it seems that the quarrel between the deceased and the accused was nothing more than the usual wear and tear in .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-10-2006
Reported in : (2006)3GLR2472
..... female terminates when he or she attains puberty. among the hanafis and the shias, puberty is presumed on the completion of the fifteenth year. under the indian majority act (section 3), minority ceases on the completion of the eighteenth year, unless a guardian of the person or property or both of the minor has been or shall be appointed ..... becomes a major, exempt marriage and divorce. the result will be that respondent no. 5 on the relevant date may be minor under the indian majority act, or within the meaning of section 361 of the indian penal code, but certainly she could have married without the consent of her natural guardian. the necessary corollary to this will be ..... the age of 18 years, she cannot be permitted to go with the petitioner. he has also submitted that the petitioner is facing prosecution for offences made punishable under sections 363, 366 and 376 of the indian penal code and, therefore, it is desirable that the girl is kept in mahila kalyan kendra till she attains the age .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-13-2006
Reported in : (2006)3GLR2513
..... court shall now be transferred to the tribunal and the tribunal shall decide the same in accordance with law keeping in mind section 8 of the act which shall be deemed to be a decree meaning of section 2 of the civil procedure code.8. all these revision applications are rejected. rule is discharged. interim relief stands vacated forthwith. ..... proceedings pending before the civil court for enforcement of the award are also required to be transferred to the tribunal in view of section 21 of the gujarat public works contracts disputes arbitration tribunal act, 1992.7. under the circumstances, it cannot be said that the learned civil judge has committed any error of law or of ..... to the tribunal.5. in the case of sardar construction co. v. state of gujarat : [1999]1scr233 , the supreme court considered section 21 of gujarat public works contracts disputes arbitration tribunal act, 1992 and has held as under:the award in the present, though given prior to 1-1-1994 which is the date of commencement .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-13-2006
Reported in : AIR2006Guj116; (2006)2GLR1227
..... premises to defeat the right of the decree-holder. against the aforesaid order rejecting the application of the petitioner at exhibit 30, the petitioner has filed this revision application under section 115 of the civil procedure code.2. learned advocate, mr. shital patel for the petitioner submitted that before even the decree was passed, the petitioner was occupying the rented premises and, therefore ..... p.b. majmudar, j.1. by filing this revision application under section 115 of the code of civil procedure, the petitioner who is a third party in special darkhast no. 119 of 1989 has prayed for quashing and setting aside the order .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-13-2006
Reported in : [2008]88SCL272(Guj)
R.S. Garg, J.1. Admit. The Official Liquidator present in the court waives service of process of notice of admission on behalf of the respondent No. 1. Respondent Nos. 2 and 3 are Secured Creditors. In view of the order proposed to be passed, we do not think notices are required to be issued to the respondent Nos. 2 to 5. Even otherwise, respondent Nos. 2 to 5 have no stakes in the present matter. 2. The facts for disposal of the present appeal in nutshell are that certain properties of the company under liquidation were sought to be auctioned. There were bidders in different groups. The present appellant made the highest offer for group SB and submitted the earnest money deposit. When the matter came up before the learned Company Judge for confirmation of the sale and acceptance of the offer made by the appellant, certain objections were raised and the learned Company Judge observed that the Official Valuer's report was not proper. The valuation was to be re-done and the property was ...
Tag this Judgment!Court : Gujarat
Decided on : Mar-17-2006
Reported in : (2006)IIILLJ227Guj
..... would not entitle the appellant establishment to forfeit the gratuity either wholly or in part if the employee has not been terminated under the provisions of sub-section (6) of section 4 of the act. so far as the judgment of the supreme court in the matter of calcutta insurance ltd.(supra) is concerned, we must immediately observe that the ..... devendra mulvantri vaidya reported in 2006 i llj 324, the division bench of this court in para.3 has observed as under : 3. sub-section (6) of section 4 of the payment of gratuity act, 1972 says that the gratuity of an employee shall be forfeited to the extent of damage or loss so caused if the services of such ..... resulted into loss to the corporation of rs. 2,65,586.34 paisa. therefore, the petitioner corporation is entitled to recover the said amount under section 4 sub-section-6 of the payment of gratuity act, 1972. he further submitted that unless the amount of gratuity is withheld, how can the corporation recover the amount of loss from the workman. .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-17-2006
Reported in : [2006(110)FLR984]
..... much later in the year 1996 where after a reference was made to the labour court aurangabad under clause c of subsection (1) of section 10 read with section 12 of the industrial disputes act, 1947. the labour court did not entertain the dispute on the ground that there was delay in making the reference, therefore, the reference ..... bench of this court is quoted as under : ans-(i) the forest and environment department of the state government is not an industry under section 2(j) of the industrial disputes act, 1947 and the question whether any of its unit, establishment or undertaking is an industry or not will depend upon the nature of the work ..... publication. the contention raised by learned agp, ms.archna raval, before the labour court that the petitioner is not an 'industry' within a meaning of section 2(j) of the i.d. act, 1947. she submitted that according to budgetary provision, casual employees are employed by the department and, therefore, workman is not entitled any relief under the .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-20-2006
Reported in : (2006)2GLR952
..... same date. 58 people lost their lives and more than 40 persons sustained injuries. in view of the provisions of the coi act, particularly the proviso to section 3(1) of the said act and section 119 of the railways act, the central government or the railway administration had no authority or jurisdiction to appoint any commission, much less a committee, to ..... inquire into the same incident. what cannot be directly done by virtue of the prohibitions contained in the coi act or in section 119 of the railways act cannot be permitted to be done indirectly by appointment of a committee.9.2 merely because the offence involved damage to the property of the railway ..... prejudice will be caused to any person if the report dated 3.3.3006 of the committed is laid before the parliament and that sub-section (4) of section 3 of the coi act mandates that such report with a memorandum of the action taken thereon has to be placed before the parliament within a period of six months .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-21-2006
Reported in : IV(2006)ACC345; 2006ACJ2019; AIR2006Guj120; (2006)2GLR1257
..... get at an interim stage. once we get rid of this conditioning, it is much easier to appreciate the scheme of provisions of section 140 of the new act (corresponding to section 92a of the old act) and similar other provisions.for instance, when a wife applies for maintenance pendente lite in a matrimonial petition, she is required to lead ..... death or permanent disablement be reduced on the basis of the share of such person in the responsibility for such death or permanent disablement. sub-section (5) of section 140 of the act categorically provides that the obligation of the owner of the vehicle shall not be in derogation of any statutory law cast upon the owner of the ..... involving the death of, or bodily injury to, any person arising out of the use of a motor vehicle or motor vehicles under any provision of this act (other than section 161) or any other law, the tribunal, court or other authority awarding such compensation shall verify as to whether in respect of such death or bodily injury .....
Tag this Judgment!