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-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-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-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-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 : May-20-2003
Reported in : 2004CriLJ119; (2004)1GLR777
..... at the instance of accused nos. 2 and 4, muddamal axe and stick respectively were traced and that articles were recovered and seized under discovery panchnama under section 27 of the indian evidence act. thereafter when accused no. 1 was on police remand, on 2/10/1993, at the instance of accused no. 1, the muddamal dharia was recovered under ..... discovery panchnama under sec.27 of the indian evidence act. thereafter, muddamal weapons and articles which were recovered from the scene of offence were sent to the forensic science laboratory, ahmedabad (for short 'f.s.l.') ..... 4 was traced out at the instance of accused no. 4. for these two articles viz. axe and stick, discovery panchnama ex.32 was drawn under sec.27 of the indian evidence act. to prove this discovery panchnama ex.32, the prosecution examined p.w.10 jivanji vasaji thakor at ex.31 and p.w.11 dehalaji valji thakor at .....
Tag this Judgment!Court : Gujarat
Decided on : May-08-2003
Reported in : (2003)3GLR1982
..... free and voluntary and it is not recorded as a result of threats, coercion, duress, undue influence, pressure, (the ingredients which are referred to in section 24 of the evidence act.). on examining statement exh. 41 as a whole and the circumstances in which that statement was recorded, we are of the considered view that said statement ..... ' article 20(3) of the constitution of india would not be attracted. in that case pursuant to summons issued under section 108 of the customs act and section 67 of the n.d.p.s. act inculpatory statement was made by the accused before the customs authorities who made formal arrest of the accused thereafter. the ratio laid ..... . h. patel & anr., reported in 2000 (1) glr 99.29. section 67 of the n.d.p.s. act is analogous to section 107 of the customs act, 1962 and section 39 of the foreign exchange regulation act, 1973. section 107 of the customs act, 1962 reads as follows:-'section 107 power to examine persons :- any officer of customs empowered in this behalf .....
Tag this Judgment!Court : Gujarat
Decided on : May-08-2003
Reported in : (2003)4GLR461
..... order or direction to hold that the intention of the respondent nagarpalika in that petition to retrench the petitioner without following procedure laid down in section 25n of id act was illegal, unjust and contrary to law and violative of articles 14, 16 and 21 of the constitution of india. the said petitioner has ..... the respective petitioners being daily-wagers cannot be reinstated permanently nor their termination of services can be challenged on the ground that the provisions of section 25f of the industrial disputes act are not complied with. 14. mrs. manisha lavkumar, the learned agp appearing for the deputy director of nagarpalika/director of municipalities, in ..... employees in their respective positions giving liberty to the appellant nagarpalika to retrench them after following the due procedure as laid down under section 25f of the industrial disputes act. we are also of the view that the labour court is not justified in allowing the reference and directing that the concerned worker .....
Tag this Judgment!Court : Gujarat
Decided on : May-08-2003
Reported in : (2004)1GLR168
..... and enquire from him as to whether he wanted to be searched in presence of a magistrate, it was sufficient compliance of section 50 of the act and the requirement of section 50 of the act would stand complied with and satisfied despite the fact that other two alternative options were not put to the appellant. therefore, it ..... cannot be said that the appellant would be entitled to acquittal on account of non-observations of the mandatory requirement of section 50 of the act.another argument advanced by the learned advocate for the appellant is that mr. bava was required to further inform the appellant before a search was carried ..... learned advocate for the appellant, two offers were not made and two options were not given to the appellant, and therefore, there is contravention of section 50 of the act which is mandatory and non-observation or violation thereof should result in the acquittal of the accused person. however, when the matter was argued in past .....
Tag this Judgment!Court : Gujarat
Decided on : May-03-2003
Reported in : (2003)184CTR(Guj)27; [2003]264ITR453(Guj)
..... in future, to one or more other living persons, or to himself, and one or more other living persons; and 'to transfer property' is to perform such act. in this section 'living person' includes a company or association or boi, whether incorporated or not, but nothing herein contained shall affect any law for the time being in force ..... of the trust itself by the deed of 11th april, 1961, which would be transfer of property within the extended meaning of the phrase as per section 2(xxiv) of the gt act and the property that was transferred to the trustees never reverted to the settlor, because that part of the trust deed continued to operate. there was ..... upon the decision of the madhya pradesh high court in princess usha trust vs . ctt : [1983]144itr808(mp) in which it was held that under section 77 of the indian trusts act, a trust is extinguished when the fulfilment of its purpose became impossible by destruction of the trust property or otherwise, and that the expression 'otherwise' would .....
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