Court : Gujarat
Decided on : Apr-05-2002
Reported in : (2002)3GLR778
..... has caused grave prejudice to the petitioner. i do not see any merit in this contention for two reasons. first reason is that section 26 under chapter iii of the act deals with procedure to be observed in awarding punishment. it reads as under :- '26. procedure to be observed in awarding punishment :- when any ..... no. 1329 of 1981 decided on 18th march, 1998 quashed the punishment of dismissal from service imposed upon the delinquent for violating the provisions of bombay prohibition act and instead awarded the punishment of compulsory retirement, but no back-wages. while imposing the punishment of compulsory retirement, this court directed the respondents of that ..... the petitioner was pending in the court of the learned judicial magistrate, first class, at prantijfor committing offence under section 145(3) of the bombay police act, the matter was sub-judice. it may incidentally be noted that for remaining absent without authority, the petitioner was prosecuted in the court of the aforesaid .....
Tag this Judgment!Court : Gujarat
Decided on : Jan-11-2002
Reported in : (2002)2GLR1530
..... that where the respondents are entitled to solatium and interest under the jammu and kashmir requisitioning and acquisition of immovable property act 1968 (xv of 1968), the question, therefore, before the court was whether the jammu & kashmir act expresses any intention to exclude payment of interest and solatium in respect of the property acquired thereunder. land acquisition ..... by the said owner, the commissioner may recover from such owner half the amount of such excess as a betterment charge.' section 389, which falls under chapter xxiv, deals with 'compensation'. section 389(1) envisages minimum damage in certain cases and for such damage,compensation is to be assessed in the manner ..... is carved out whereby the provisions of sub-section (2) of section 23 of the land acquisition act would not apply to the acquisition of land for improvement purposes under section 284n of the act, which falls under chapter xvi. on the basis of provisions of section 284n, readwith part iii of appendix-i to .....
Tag this Judgment!Court : Gujarat
Decided on : Oct-17-2002
Reported in : [2003]116CompCas248(Guj)
..... ' on internal page 7 of the 'summary of exchange offer and consent solicitation'. therefore, the new notes were issued by the company in context of the finances of its business. the investors were offered interest on their investments in the notes and they could transfer their entitlements as per the terms and conditions of the ..... ', the promise can be enforced by 'c' against 'a' if 'b' has constituted himself trustee of 'a's' promise for 'c'. (see para 19.065 chapter 19 at page 998 chitty on contracts, volume i, 28th edition). two consequences generally flow from a finding that there is a trust in favour of a third party. ..... , therefore, is whether these notes issued by the appellant company fall under the category of instruments that are securities.17.2 the fundamental purpose underlying securities acts is to eliminate serious abuses in a largely unregulated securities market. there is virtually limitless scope of human ingenuity especially in the creation of the numerous schemes .....
Tag this Judgment!Court : Gujarat
Decided on : Dec-19-2002
Reported in : AIR2003Guj145; 2003(2)ARBLR241(Gujarat); (2003)1GLR438
..... government may, by intimation in the official gazette, declare to be territories to which the said convention applies.' section 46 declares that the foreign award enforceable under chapter i, part ii shall be treated as binding for all purposes on the persons as betweenwhom it was made and may accordingly be relied on by any of ..... intervene, except where so provided in part i, in matters governed by that part. chapterii and iii of part i of the act are related to arbitration agreement and the composition of arbitral tribunal. chapter iv entitled 'jurisdiction of arbitral tribunals' provides in section 16 for competence of arbitral tribunal to rule on its own jurisdiction. a ..... shall be deemed to be a decree of that court. as observed by the supreme court in sundaram finance ltd. v. nepc india ltd., air 1999 sc 565, interpretation of the act should not be based on provisions of the old act, but on explanatory notes and analysis of the uncitral model law. 8. the judgment in swnitomo heavy .....
Tag this Judgment!Court : Gujarat
Decided on : Sep-24-2002
Reported in : 2003(2)ARBLR259(Gujarat)
..... ad interim order and the legislature has not contemplated an appeal against the said order under section 37 of the act. in support of the aforesaid contention he has relied on the judgment of this court in the case of sundaram finance ltd., chennai v. govind swamp mittal, air 1999 gujarat 74=1999(1) arb. lr 460 (gujarat) particularly para ..... questions for a smouldering one. --ambrose bierce'(new dimensions of justice by hon'ble mr. justice j.s. verma, in the article 'courts and the arbitral process' in chapter 17 on page 121).11. the difference between ordinary court of law and international commercial arbitration has been able to put by mr. n.a. palkhiwala in his book, we ..... the nation in chapter 'international arbitration v. litigation in law courts' on page 205. at page 209 it is noted thus :'to sum up, a court of law is a rolls royce .....
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