Court : Gujarat
Reported in : (1979)1GLR666
..... the first statute by a third statute does not affect the second.30. in secretary of state for india in council v. hindusthan co-operative insurance society ltd. 58 ind. app. 259 the privy council was considering a case where the incorporation affected in the statute, viz. the calcutta improvement trust ..... section which regularly appears in the amending and repealing acts which are passed from time to time in india. the independent existence of the two acts is therefore recognised; despite the death of the parent act, its offspring survives in the incorporating act. though no such saving clause appears in the general clauses act, i heir lordship think that the ..... all events if it is possible for the subsequent act to function effectively without the addition.this court in the collector of customs, madras v. nathalal sampalhu chetty (1962) 3 s.c.r. 786 at pp. 850-833 considered the privy council decision in the hindusthan co-operative insurance society ltd. 58 ind. app. 259 and distinguished .....
Tag this Judgment!Court : Gujarat
Reported in : (1976)17GLR1017
..... . chancellor, bihar university : [1968]1scr231 the question had arisen as to the true interpretation of section 4 of the university of bihar, bhagalpur and ranchi (amendment) act, 1962 under which the chancellor was said to have been conferred unanalyzed powers without indicating any criterion, as on the recommendation of the university service commission with respect ..... as the president may by order fix.it should be noted that this original clause (2) which was omitted by the constitution (seventh amendment) act, 1936, was reintroduced by the constitution (fifteenth amendment) act, 1963 and it was at that time that the speech of the honourable minister mr. a.k. sen has been made which has ..... keeping in mind the literal rule rebuke embodied in justice frankfurter's observation:there is no surer way to misread a document than to read it literally.massachusetts & insurance co. v. u.s. (1966) 232 u.s. 123 at p. 138.the constitution being a revelation of great purposes which were intended to be .....
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 : (2004)1GLR637; [2004]53SCL330(Guj)
..... .a.a.) came into force. this act also introduced amendments to act of 1972 and the insurance act of 1938. by insertion of section 24a in the act of 1972, the exclusive privilege of the g.i.c. and its subsidiaries carrying on general insurance in india was removed. by section 10a inserted in the act of 1972, by general insurance business (nationalisation) amendment act, 2002, all the shares in the capital ..... the acquiring companies, were thereafter, to carry on general insurance business in india in accordance with the provisions of the insurance act, 1938. as per the proviso added in section 24a, with effect from 7th august, 2002, the general insurance corporation, on and from the commencement of the general insurance business (nationalisation) amendment act, 2002 ceased to carry on general insurance business, as noted above.14.3 in this context .....
Tag this Judgment!Court : Gujarat
Reported in : (1973)14GLR921
..... now consider this statutory change introduced by chapter viii of the motor vehicles act. before the amendment made in 1956, the third party risk was really the road insurance risk and the employee risk was only voluntary unless notification was issued. after 19-56 amendment, section 95(1) proviso has enacted that a policy shall be required ..... upon the provisions of section 110(b) of the act which provides that in case of motor claims tribunal, the tribunal shall in its award specify the amount which shall be paid by the insurer. mr. shah forgets that the claims tribunals were created by the 1956 amendment while sections 94 to 96 were already emoted much ..... to cover liability arising under the 1923 act in respect of death or bodily injury of certain employees, which .....
Tag this Judgment!Court : Gujarat
Reported in : 1995ACJ831; (1995)1GLR479
..... brought in the statute book with a view to providing for immediate compensation on the principle of no fault liability. the said section was inserted in the said act by amending act no. 47 of 1982 and brought in force from 1.10.1982. sub-section (1) of section 92-a reads as follows:where the death or permanent ..... of main claim petition, as prayed in para 13 (a) of the interim application. respondent no. 2 may, however, on satisfying the respondent no. 5, insurance company, about the insurance, claim the amount from it. the motor accidents claims tribunal, ahmedabad, shall dispose of main claim petition no. 31 of 1989 preferably within three months from the ..... the gujarat electricity board. his wife and two minor children, therefore, filed claim petition no. 31 of 1989, claiming necessary compensation from the driver, owner and the insurer of the vehicle involved in the accident. the parents of the deceased were joined as respondent nos. 3 and 4. in that petition, the wife and children moved .....
Tag this Judgment!Court : Gujarat
Reported in : 2006ACJ2187; (2006)1GLR746
..... motor car or tractor or road-roller unladen weight of any of which does not exceed 7500 kilogram. the weight of 7500 kilogram is enhanced from 6000 kilogram by amendment act (54 of 1994). at the time of the accident, it was 4000 kilogram as such. it is, thus, clear that tractor would be included in the ..... because of some other unforeseen or intervening causes like mechanical failures and similar other causes having no nexus with driver not possessing requisite type of licence, the insurer will not be allowed to avoid its liability merely for technical breach of conditions concerning driving licence.10.3 if the facts of the present case are examined ..... allowed to avoid its liability merely on technical breach of condition concerning driving licence. minor breaches of licence conditions are inconsequential so far as the benefit of coverage of insurance to third party are concerned. in para.82 of the said judgment, it is observed, thus : . cases may also arise where holder of driving licence for .....
Tag this Judgment!Court : Gujarat
Reported in : I(2007)ACC196
..... car or i tractor or road-roller unladen weight of any of which does not exceed 7500 kilogram. the weight of 7500 kilogram is enhanced from 6000 kilogram by amendment act (54 of 1994). at the time of the accident, it was 4000 kilogram as such. it is, thus, clear that tractor would be included in the ..... liability to pay compensation would be joint and several of all respondents including respondent no. 3. the judgment and award of the tribunal stands confirmed with modification that insurance company, respondent no. 3, shall also be liable jointly and severally to pay compensation as per the award. appeal is allowed to the aforesaid extent. direct service ..... of some other unforeseen or intervening causes like mechanical failures and similar other causes having no nexus with the driver not possessing requisite type of licence, the insurer will not be allowed to avoid its liability merely for technical breach of conditions concerning driving licence.10.3 if the facts of the present case are .....
Tag this Judgment!Court : Gujarat
Reported in : 2009ACJ883; (2008)1GLR225
..... /- per month and the real income was rs. 3,200/- to rs. 3,300/- per month, which would be rs. 40,000/- per annum. the insurance company opposed these applications on the ground that such amendment was not permissible and when the income pleaded by the claimants exceeded rs. 40,000/- p.a., claim petition under section 163-a of the ..... also cited judgment of the division bench of this court rendered in the case of new india assurance co. ltd. v. monghiben membhai ayer in first appeal no. 921 of 2002 dated 30/4/2007. the division bench has observed in para. 7.1 as under:7.1. on a plain reading of the above section, it is very clear that ..... petition filed under section 163-a of the act is pending adjudication by the tribunal, the claimant cannot be permitted to amend the averment in the petition with regard to the income. 3.6. mr. nanavati has placed reliance on the decision of the karnataka high court rendered in the case of united india insurance co. ltd. v. anita reported in : ilr2006kar28 . .....
Tag this Judgment!Court : Gujarat
Reported in : 1978ACJ443; AIR1978Guj153
..... 1745, their lordships first pointed out that section 95 of the motor vehicles act 1939, as amended by act 56 of 1969 was based on the corresponding english acts the road traffic acts of 1930 and 1960, neither of which required users of motor vehicles to be insured in respect of liability for death or bodily injury to passengers in the ..... reward is regarded when so used as a public service vehicle. even when by the amendment by act no. 56 of 1969 with effect from march 2, 1970 s. 95 (1) (b) (ii) had been introduced by providing for insurance policy which insures the person or classes of persons specified in the policy to the extent specified in sub ..... terms pointed out that the provisions of the english acts being explicit the risk to passengers is not covered by the insurance policy and it was these provisions in the english road traffic act 1960, which were introduced by the 1969 amendment of section 95 of the indian motor vehicles act. the law as regards general exclusion of passengers was .....
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