Court : Gujarat
Reported in : 1979CENCUS404D; (1980)GLR284; (1980)GLR825
..... into force on 1st october 1975 by a 'notification issued on' 8th august 1975. according to mr. bhatt, these facts-show that the material section of the amending act section 2- which amended section 4-was enacted before the second 'emergency was proclaimed. we are not expressing any opinion on this aspect because the petitioners did not have a reasonable opportunity ..... so produced, as the central government may fix. the contentions which were raised were as follows. the duty sought to be imposed under section 12 of the rubber act as amended was outside the ambit of entry 84 in the union list and, therefore, beyond the legislative competence of the parliament. section 12(2) suffered from the vice of ..... in an enactment, it must be interpreted to have the same special meaning and to have the same legal import.25. in attorney-general for ontario v. reciprocal insurers and ors. 1924 a.c. 328, the judicial committee of the privy council has in the context of section 91 of the british north america .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1981Guj134; (1981)0GLR31; (1981)IILLJ141Guj
..... and 54 of 1971. the question that arose was whether the respondent-companies were liable to pay employers' special contribution under s. 73a of the employee's state insurance act, 1948, on the payments made to its employees in respect of paid holidays. the first labour court in all the petitions came to the conclusion that the ..... whether the amount paid on account of extra paid holidays would be wages within the meaning of the said term under the employees' state insurance act, 1948, (hereinafter referred to as the act). section 73a of the act relevant for the purpose of deciding these appeals may be reproduced as under : '73-a. employer's special contribution : (1) ..... the act before its amendment by act 44 of 1966. it was held that they were not wages, consequently it was held that the amounts so paid to the employees for the leave period cannot be considered as wages for the purposes of computation of the employer's special contribution under s. 73a of the employees' state insurance act. in .....
Tag this Judgment!Court : Gujarat
Reported in : 2007CriLJ2463
..... thereof.this section applies to:(a) any offence triable exclusively by the court of session or by the court of a special judge appointed under the criminal law amendment act, 1952;(b) any offence punishable with imprisonment which may extend to seven years or with a more severe sentence.(3) every magistrate who tenders a pardon under ..... triable exclusively by that court or if the magistrate taking cognizance is the chief judicial magistrate;(ii) to a court of special judge appointed under the criminal law amendment act, 1952, if the offence is triable exclusively by that court;(b) in any other case, make over the case to the chief judicial magistrate who shall try ..... be holding such inquiry or trial. pardon could be granted by the district magistrate even during the pendency of the trial in the sessions court. by criminal law amendment act, 1952, old sections 337 to 339 were substituted by sections 306 to 308 of the code of criminal procedure conferring the power to tender pardon only to .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1981Guj15; (1981)0GLR206
..... public interest protected by the constitutional guarantees of free speech and press.' 17. mr. patel has then invited our attention to section 6(1) of the life insurance corporation act, 1956 which provides as follows:'subject to the rules, if any, made by the central government in this behalf, it shall be the general duty of the ..... ground that it violated the due process clause. the american supreme court held that such a municipal ordinance did not violate the due process clause of the fourteenth amendment because it did not impose an unreasonable restraint on the right to engage in a legitimate occupation. in that context, it has been observed by the american. ..... the fundamental right to the freedom of speech and expression guaranteed under art. 19(1)(a) of our constitution was based on certain provisions of the first amendment to the constitution of united states of america, reference was made to decisions of the supreme court of united states of america in order to appreciate the true .....
Tag this Judgment!Court : Gujarat
Reported in : 2000ACJ193; AIR1999Guj216a; (1999)2GLR1113
..... .'6. according to mr. nanavati, the deceased was hit by an autorickshaw and autorickshaw was a passenger vehicle and not a goods vehicle. even after the amendment of the act in the year 1982, the liability of the company against the third party had remained the same and had not increased as was done in the case of ..... the very autorickshaw and, therefore, same could have been used for carrying goods, otherwise, there was no reason to put this endorsement looking however to the contract of insurance, it clearly transpires that this endorsement has been made only because additional premium of rs. 8/- was paid to cover the risk of a driver of the contract ..... by the heirs and legal representatives of the deceased, the tribunal awarded compensation of rs. 1,50,000/- holding all the opponents i.e. driver, owner and insurance company liable to pay the said amount jointly and severally. it is against this award that the present appeal is preferred by the appcllantlnsur-ance company.3. considering the .....
Tag this Judgment!Court : Gujarat
Reported in : 1998ACJ1339; (1998)1GLR248
..... the fiat car, has disputed the order passed by the tribunal and submitted that since the full amount was already deposited by the other insurance company, section 174 of the present act would operate and that the owner of the fiat car cannot be called upon to refund the amount which the claimant has recovered.9. ..... by the senior divisional manager of the oriental insurance co., present opponent, and an application was made to recover the excess amount under section 110-e of motor vehicles act, 1939, as it stood prior to the amendment of the act which is equal to section 174 of the motor vehicles act, 1988. after examining the application same was ..... tribunal at rajkot. in the accident two vehicles were involved, one being the fiat car which was not insured as required under the provisions of the motor vehicles act and another vehicle being autorickshaw which was insured with the oriental insurance co. ltd. the claim of the claimant was partially passed by the tribunal, inter alia, holding that .....
Tag this Judgment!Court : Gujarat
Reported in : I(1995)ACC642; 1994ACJ970; (1993)2GLR639; (1994)1GLR681
..... and agreed that notwithstanding anything contained herein to the contrary the company shall indemnify the insured against his legal liability as under:the workmen's compensation act, 1923 and subsequent amendments of that act prior to the date of this endorsement, the fatal accidents act, 1855, or at common law in respect of personal injury to any paid driver ..... as a driver employed by the owner, that he was travelling illegally as a passenger in a 'goods vehicle' and that, therefore, the insurer was not liable. by an amendment in the said written statement (which was granted), a further contention was added to the effect that on the date of the accident the vehicle ..... (or cleaner or conductor or person employed in loading and/or unloading) whilst engaged in the service of the insured in such .....
Tag this Judgment!Court : Gujarat
Reported in : II(2004)ACC518; 2005ACJ19; AIR2004Guj157; (2004)1GLR875
..... person. such a beneficiallegislation has to be given a liberalinterpretation. therefore we answer thisquestion in the affirmative by holding that aclaimant can move the court for amendment of hisclaim petition filed under section 166 to that ofa petition under section 163-a at any stage ofthe proceedings and it would be for the ..... of the actbecause the claimant is to be awarded compensation eitherunder section 140 or under section 163-a of the act.10. similar controversy was raised in the followingtwo decisions of this court:-10.1 in oriental insurance co. ltd. vs.chintharbhai sibabhai, 2003 (1) glh 394, the claimantshad filed petition under section 166 and ..... of death of his son mansukh narishiji majiranawho expired in a motor vehicle accident at gandhidham on31.12.2002. the claim petition was filed under sections140 and 166 of the motor vehicles act, 1988 (hereinafterreferred to as 'the act'). within a few months of thedate of filing the original claim petition under sections140 , 166 and .....
Tag this Judgment!Court : Gujarat
Reported in : (2006)205CTR(Guj)252; [2007]288ITR196(Guj)
..... further invited the court attention to para-61.8 of circular no. 204, dated july 24, 1976 being the explanatory notes on the provision of the taxation laws (amendment) act, 1975 effective from 1.4.1976 and 1.4.1977. this circular is reported in 110 itr21. it says that new explanation 1 provides that where in respect ..... . he has further submitted that the assessee very well knew that the fire had destroyed its capital assets for which the assessee had lodged its claim with the insurance company for their reimbursement on 'replacement cost basis'. the assessee has not only chosen to claim deduction of rs. 1,83,492/- in that behalf at the ..... pointed out that the plant and machinery were capital assets of the assessee-company and it was getting depreciation upon them. the tribunal further pointed out that the insurance company had been moved by the assessee-company for replacement of the damaged plant and machinery on cost basis. the tribunal, therefore, finally held that penalty referable to .....
Tag this Judgment!Court : Gujarat
Reported in : 2008ACJ2436
..... , a person aggrieved by the final decision or award cannot be precluded from challenging any interlocutory order. this legislative thrust is also evident from the recent amendments of the code of civil procedure severely restricting the right of revision under section 115 of the code of civil procedure.18. at this stage, mr. ..... the deceased and also the younger brother of the deceased filed the claim application seeking compensation of rs. 15,00,000 initially. subsequently, by moving an amendment application vide application exh. 74, the claim was sought to be raised to rs. 30,00,000. the tribunal granted the said application by order dated ..... in an appeal under section 173 of the act; the insurance company cannot challenge any erroneous order of the tribunal rejecting permission under section 170 of the act.11. let us first examine the three-judge bench decision of the supreme court in national insurance co. ltd. v. nicolletta rohtagi : [2002]supp2scr456 . the supreme court traced the .....
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