Court : Gujarat
Decided on : May-03-2003
Reported in : AIR2004Guj1
..... . now, the interesting question requiring our serious attention is as to whether the order, decision or verdict in an application under section 41 of the act can be questioned under section 38 of the act or under section 115 of the general revisional remedy provided in the code of civil procedure, 1908 (for short `the code'). in the decision ..... reasonable, and may, in the meantime, stay the proceedings. the order under challenge to the small cause court in revision is not a proceeding under section 47 of the act. it is not a suit on an application. the legislative framework would manifestly disclose that summary procedure in respect of eviction and recovery of the possession ..... followed under the law. therefore, in our opinion, order, decision, or direction in an application invoking the aids of provisions of section 41 of the act would not be competent under section 38 of the act, as it refers to a new trial of contested cases wherein the proceedings are in the nature of a suit. 9. it .....
Tag this Judgment!Court : Gujarat
Decided on : May-03-2003
Reported in : [2004(102)FLR347]; (2004)1GLR885
..... only on the ground that the 8th standard examination pass of the old course is not equivalent to 8th standard examination pass of the new course. section 18 of the apprentices act states that : 'every apprentice undergoing apprenticeship training in a designated trade in an establishment shall be a trainee and not a worker and the provisions ..... wherein the respondent workman was working, not disputed by the petitioner and during that period, the workman completed 240 days continuous service and therefore, section 25-f of the i.d. act required to be complied with and since the same was not complied with undisputedly, which renders the termination order ab initio void. she also submitted ..... there is no question of giving any notice or notice pay or retrenchment compensation of any kind to the workman inasmuch as the provisions of section 25-f of the i.d. act is not applicable in the case of the respondent workman. it is also contended that notice was received from the workman and the same .....
Tag this Judgment!Court : Gujarat
Decided on : May-03-2003
Reported in : 2004CriLJ443; (2003)4GLR715
..... ; medical certificates were also obtained from the medical officer. at the end of investigation, the concerned police officer filed chargesheet against the appellant for the offence punishable under section 376 ipc.3. since the offence was triable by a court of sessions, the court concerned committed the case to the court of sessions. there the appellant was ..... that there was ample evidence on record before the trial court to come to a definite conclusion that it was the appellant and appellant alone who had committed the act of rape on the victim. the evidence of victim, savitaben and rajivbhai is consistent and the said evidence corroborates the evidence of one another. the said evidence ..... of this witness is supported by police yadi exh.15 and the certificates exh.16 and 17. the above evidence clearly supports the evidence of laxmi about the act of rape on the victim.24. then there is evidence of dr satish patel at exh.24 who was working as tutor in forensic department in karamsad medical .....
Tag this Judgment!Court : Gujarat
Decided on : May-01-2003
Reported in : 2004ACJ495; (2003)3GLR2258
..... the court has quoted with approval the principle on the aforesaid line laid down in municipal corporation of greater bombay (supra) which was rendered under section hob of the motor vehicles act, 1939 which also contained a similar provision. hence, we apply the same principle in the facts of the instant case also.in view of the ..... fb) : air 2000 guj. 211 (fb), the apex court held that in the motor vehicles act, there is no restriction that the tribunal/court cannot award compensation amount exceeding the claimed amount. the function of the tribunal/court is to award 'just' compensation, on the ..... considering the statutory provisions and the decisions of various high courts including the decision of the bombay high court in municipal corporation of greater bombay v. kisan gangaram hire, 1987 act 311 (born.) and the decision of a full bench of this court in urmila j. sangani (dr.) v. pragjibhai mohanlal luvana, 2000 (2) glr 1281 ( .....
Tag this Judgment!Court : Gujarat
Decided on : Apr-30-2003
Reported in : (2003)2GLR1835
..... at shahpur police station, ahmedabad city on 25-11-1995 for the offences punishable under sections 467, 468, 469, 471 and 201 of i.p.c. and under sections 25(1a), (1-aa), 1b, 3 and 29 of the arms act and section 9 of the explosive act.2. undisputedly, the applicant is in judicial custody since 7-12-1995 in connection ..... with the aforesaid offences. he has been charge-sheeted along with other co-accused on 26-11-1996. initially, the case of the present applicant and the co-accused was committed under section 209 of cr ..... may be imposed by the court while releasing him on bail.5. the applicant was immediately arrested and was charge-sheeted for the offence punishable under section 25(1-aa) of the act which is exclusively triable by the court of sessions. but after hearing, the learned sessions judge while dealing with the discharge application preferred by the .....
Tag this Judgment!Court : Gujarat
Decided on : Apr-28-2003
Reported in : (2003)3GLR2409
..... family and how he will defend the proceedings? that is how the law on this point has been amended under the central act of i. d. act, 1947 while incorporating section 17b of the i. d. act, 1947 which is entitling the workman to receive the last drawn monthly wages inclusive of the last drawn monthly wages inclusive of ..... of suspension has to be read along with the right of the management to place the employee under suspension pending disposal of the application under section 33(1) of the industrial disputes act. thus, the right of management to suspend and the right of the employee to receive subsistence allowance are intertwined and both must survive together ..... observations made in para 21 are reproduced as under :'21. just as the employer has no control over the disposal of the application under section 33(1) of the industrial disputes act, so also the employee has no control over the disposal of that application. whether the employee would be retained in service or removed would be .....
Tag this Judgment!Court : Gujarat
Decided on : Apr-25-2003
Reported in : [2004]118CompCas609(Guj); [2004]50SCL575(Guj)
..... . ltd. reported in (1993) 76 company cases page 800. the counsel placed reliance on the following head note:'when a company fails to comply with a notice under sec.434(1)(a) for payment of a debt, the court has no discretion but to make a winding up order. the sub clause does not merely lay down a ..... submitted that the advertisement which was caused cannot be said to be an advertisement under the company law and therefore, it should not be held to have constituted an act of abuse of process of court. the learned counsel mr. soparkar invited attention of the court to the advertisement wherein the number of the company petition is mentioned ..... other fit and proper person as this honourable court may deem fit and proper may be appointed as provisional official liquidator of the company with all powers under the companies act, 1956. the court issued notice on 25.11.2002 returnable on 17.12.2002. before that date the petitioner caused an advertisement in newspapers, sandesh (surat and ahmedabad .....
Tag this Judgment!Court : Gujarat
Decided on : Apr-25-2003
Reported in : (2003)4GLR470
..... judicial precedents on the score that error must be that of law and patently on record committed by the interior tribunal so as to warrant intervention - it ought not to act as a court of appeal and there is no dissension or even a contra-note being sounded at any point of time till date. incidentally, the illegality, if there be .....
Tag this Judgment!Court : Gujarat
Decided on : Apr-24-2003
Reported in : (2003)2GLR207
..... their availability, distance and other relevant factors. the decision in ramanbhai becharbhai kami (supra) to the extent that it holds that the suspected person has, under section 50 of the act, an option to select between a gazetted officer or a magistrate for search purpose, with respect, does not lay down a correct proposition of law, and ..... of saleemuddin jugan v. state of gujarat, reported in 1999 (3) glr 2581, the division bench, in our opinion, had correctly interpreted the provisions of section 50 of the act, when it held, following the decision in raghbir singh's case (supra), that when the authorised officer informed the accused whether he wanted to be searched in ..... , but option to be searched before a gazetted officer was not given, the division bench held that there was sufficient compliance with the provisions of section 50 of the act. that is how the matter poses the question as to whether the accused was entitled to be given an option to choose between gazetted officer and .....
Tag this Judgment!Court : Gujarat
Decided on : Apr-24-2003
Reported in : (2003)4GLR178
..... dishonesty and misappropriation is not found to have proved and ultimately, considering the unemployment of the respondent workman, the labour court has exercised the powers under section 11-a of the act and set aside the termination order and granted reinstatement with continuity of service with 50 % backwages of the interim period and all consequential benefits and for ..... is contrary to the record and the charge levelled against the workman is not proved. the labour court has also come to the conclusion that the charge under section 7-a and 12-b also not stand to have proved against the respondent workman looking to the evidence led in the departmental inquiry but only charge was proved ..... on the score that error must be that of law and patently on record committed by the interior tribunal so as to warrant intervention - it ought not to act as a court of appeal and there is no dissension or even a contra-note being sounded at any point of time till date. incidentally, the illegality, if .....
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