Court : Gujarat
Reported in : AIR2003Guj275; (2003)2GLR926; (2003)2PLR926; [2003]46SCL118(Guj)
..... rendered by a single judge of the high court in writ proceedings has been done away with, consequently now with the c.p.c. amendment act, 2002, abolition of letters patent appeals is confined to appeals against the judgment of a single judge exercising his appellate jurisdiction, whether that appeal was ..... court expressly refrained from expressing any opinion regarding maintainability of appeals under certain other statutes like the employees' state insurance act, 1948, workmen's compensation act, 1923, land acquisition act, 1894 or bombay public trusts act, 1950 etc. the court specifically observed that it should not be taken to have expressed any opinion on ..... of the said decision about non-maintainability of a second appeal was not applicable to appeals provided by special statutes like employees' state insurance act, workmens' compensation act and land acquisition act, etc. hence, the observations made in the madhusudan vegetables case (supra) or in jaimin j, desai's case (supra) are .....
Tag this Judgment!Court : Gujarat
Reported in : I(2008)BC268; 2007CriLJ2182
..... is already delayed by a decade.8. therefore, in the facts and for the reasons discussed hereinabove, it is held that the amendment of section 142 by the negotiable instruments (amendment and miscellaneous provisions) act, 2002 would have retrospective effect at least for the pending cases, and in view of the admitted facts of the case, there was ..... from the law settled by this court in various cases the illustrative though not exhaustive principles which emerge with regard to the ambit and scope of an amending act and its retrospective operation may be culled out as follows: (i) a statute which affects substantive rights is presumed to be prospective in operation unless made ..... that the right and remedy of the complainant were closed as soon as the period of limitation expired. he relied upon judgment of the supreme court in new india insurance co. ltd. v. smt. shanti misra : [1976]2scr266 and pointed out the following proposition:7. ...then, will the application be barred under (3) of .....
Tag this Judgment!Court : Gujarat
Reported in : 2004ACJ629; (2003)3GLR2386
..... as provided in section 95 of the act. no doubt, it was open to make wider coverage by making payment of additional or higher ..... restricted liability of the insurer. it has been now very well propounded and expounded by a constitution bench decision of the hon'ble apex court in the case of new india assurance co. ltd. v. c. m. jaya, 2002 (2) scc 278 : [air 2002 sc 651 : 2002 acj 271] that the liability of the insurer, before amendment in 1988, was limited ..... premium. so is not the case before us. however, it is certain that in absence of any such plea or clause in the insurance .....
Tag this Judgment!Court : Gujarat
Reported in : III(2004)ACC260
..... the act. no doubt, it was open to make wider coverage by making payment of additional or higher premium. so is not the ..... the policy and the resultant statutorily restricted liability of the insurer. it has been now very well propounded and expounded by a constitution bench decision of the hon'ble supreme court in the case 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 .....
Tag this Judgment!Court : Gujarat
Reported in : [2006(110)FLR585]; (2006)IIILLJ615Guj
..... ' in this judgment.3. the applicants are engaged in the manufacture of roofing tiles at morbi. they claim to be seasonal factories. by virtue of employees' state insurance (amendment) act, 1989, some amendments were brought into the employees' state insurance act. by notification dated october 20, 1989, by the government of india, the central government appointed october 20, 1989 as the date on which the said ..... under and governed by the provisions of the employees' state insurance act, 1948.20. the trial court committed an error in accepting the plea of the corporation that, by virtue of 1989 notification, the applicant-factories are covered under the sweep of the act because by virtue of that notification, only the amendment in the act is brought into force whereby definition of 'factory' came .....
Tag this Judgment!Court : Gujarat
Reported in : (2009)2GLR1768
..... by the employees' state insurance (amendment) act, 1984, w.e.f. 27-1-1985. 'notified wage ceiling : wages (excluding remuneration for overtime) do not exceed rs. 3,000 p ..... . therefore, in absence of that, it cannot consider that e.s.i. act is applicable to deceased when accident is occurred. the substitution in ceiling made on 1st february, 1991 is quoted as under:22. substituted for 'one thousand and six hundred rupees a month' by the employees' state insurance (amendment) act, 1989, w.e.f. 1-2-1991. earlier these words were substituted .....
Tag this Judgment!Court : Gujarat
Reported in : AIR2006Guj194
..... eligible cooperative bank. clause (b) of sub-section (2) of section 13-a states that the corporation shall register as an insured bank-(i) every cooperative bank which has come into existence after the commencement of the deposit insurance corporation (amendment) act, 1968 as a result of division of any other cooperative society carrying on business as a cooperative bank. section 13-c deals ..... banks have been extended the coverage of insurance vis-a-vis their deposits under the act. he has further submitted that in view of amendment in the act, the state government has even amended the gujarat cooperative societies act in accordance with the amendments made in the act so as to facilitate the concerned authorities to comply with the amended provisions of the act. he has drawn our attention to .....
Tag this Judgment!Court : Gujarat
Reported in : II(1993)ACC638; 1993ACJ630; (1993)2GLR1051
..... kunhimohammed v. p. a. ahmedkutty [1987] acj 872; [1988] 64 comp cas 7 (sc), held, by referring to the statement of objects and reasons of the amendment act, that the liability of the insurer was limited by extent specified in sub-clause (ii). 10. we, therefore, are of the view that while deciding the case of hansa visanji rana [1988] 2 tac ..... for the purpose of the true scope and ambit of section 95(2)(b)(ii) of the act of would remain the same as it was prior to its amendment by act 47 of 1982 except to the extent of the liability of the insurer upwardly revised there by with respect to an individual passenger. looking from this angle also, the inescapable ..... conclusion would be that section 95(2)(b)(ii) of the act would remain confined to passengers carried for hire .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1983Guj10; (1983)1GLR156
..... personal injury cases. in fatal accident cases, where the claim for damages is under section 1a and/or section 2 of the fatal accidents act, 1855, though the law has not been amended so as to incorporate therein the legislative advancement made in the united kingdom, the progressive public policy as reflected in the legislative alterations made in ..... was bought by the deceased by bis own money under a contract with the insurer and in the other it was derived from the benevolence of friends or relations or of the public at large. in parry v. cleaver, the principle was ..... : air1982guj27 , it was the settled legal position at the common law that in two large classes of cases such sums are to be disregarded -- the proceeds of insurance and sums coming by reason of benevolence. those are considered to be collateral benefits which could not be deducted from the assessed damages because in one cass, the benefit .....
Tag this Judgment!Court : Gujarat
Reported in : 2008ACJ2711; (2008)1GLR327
..... - united india insurance company ltd. he has submitted that the learned trial judge granted compensation as per section 4(a) of the workmen's compensation act of 50% of wages. he has invited my attention to section 4(a) of the act which is the present section which provides that 50% was amended by act 30 of 1995 ..... 1995, the act has been amended and compensation has been given at the rate of 50% but the said provision is not applicable in the present case, and therefore, in view of existing provision of section 4(a) of the workmen's compensation act, i accept the contention of the learned advocate for the appellant insurance company that ..... meantime, the rates of compensation as mentioned in schedule iv got revised upward ipso facto, it cannot be said that they become applicable to pending proceedings unless the amending act shows a different legislative intention.7.1a. thereafter, in para 30 particularly clause (3) on page 74 the court observed like this:(3) if, however, accidental .....
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