Court : Gujarat
Reported in : 1(1995)ACC403
..... death. but penalty is material separation payable for breach of duty to pay the compensation within the statutory period prescribed under the act. penalty is distinctly different from compensation.now, the above view of the karnataka high court is also in line with our thinking which we have indicated hereinabove.38. in oriental fire and general ins. co ..... penalty envisaged by section 4-a of the w.c. act. in para 7 of the report in that case, the division bench of karnataka high court observed as follows:there is another important question to be considered in this case. it is whether the insurer ..... for the liability of the employer for penalty under section 4-a of the w.c. act, the insurance company cannot be held responsible.37. in oriental insurance co. ltd. v. jevaramma 1988 acj 671 (karnataka), the division bench of the karnataka high court was also called upon to decide whether the insurance company was liable to pay .....
Tag this Judgment!Court : Gujarat
Reported in : (1993)1GLR132
..... 18. in the case of hameedia hardware stores (supra) the supreme court practically redrafted section 10(3)(a)(iii) of the tamil nadu buildings (lease and rent control) act, 1960. this was done with a view to avoiding frustration of the legislative intent in enacting the relevant provisions contained in section 10 thereof.19. it thus ..... aforesaid observations flowing from the law of lord denning, l.j. have received approval from the apex court of this country in its rulings in the case of state of karnataka and ors. v. hansa corporation reported in : [1981]1scr823 and in the case of hameedia hardware stores v. b. mohan lal sowcar reported in : [1988] ..... (supra) the supreme court supplied the required pause and punctuation after the word 'ad valorem' occurring in section 3 of the karnataka tax on entry of goods into local areas for consumption, use or sale therein act, 1979 so that the expression 'as may be specified by, the state government' would qualify both the expressions 'local area' .....
Tag this Judgment!Court : Gujarat
Reported in : 1992CriLJ3298
..... that where a person submits himself to the custody of a police officer, with the consciousness that temporarily at least he is in such custody, or such control, whether formally authorised in some manner or otherwise, the information given by him to such officer, leading to the discovery of a relevant fact, may be ..... hearing the present appeals, and oh that ground the enhancement appeal against jasubha should not be allowed, cannot be sustained.191. the contentions that jasubha must have acted under extreme mental disturbance, and that he must have reasonably believed that he is morally justified in committing the offence, and that he was under duress at ..... days would vitiate the discovery evidence relied upon by the prosecution? in our opinion, the answer should be in the negative.section 27 of the indian evidence act permits reception of evidence about information, whether amounting to confession or not, in consequence of which a fact is discovered, if the information was received from the .....
Tag this Judgment!Court : Gujarat
Reported in : (1992)2GLR1422
..... of the supreme court in that connection cannot be of any assistance to either side.24. in k.c. vasanth kumar v. state of karnataka : air1985sc1495 , the constitution bench had to consider the question or reservation in favour of sc/st and other backward class people so far as the ..... the decision of the supreme court in om oil and oil seeds exchange v. their workmen : (1966)iillj324sc to the effect that even under the industrial disputes act, by section 25g, rule of 'first come last go' is not immutable and may be departed from for valid reasons, cannot be of any much assistance to ..... karnataka state was concerned and which may serve as a guideline to the commission. the opinion of the bench was to the effect that the ..... s.b. majmudar, acting c.j.1. in these three petitions, a common question has been raised for our consideration and the question is as to the .....
Tag this Judgment!Court : Gujarat
Reported in : (1993)ILLJ916Guj
..... aforesaid question, the supreme court undertook the exercise of examining the conflict between the decisions of punjab and kerala high courts on one hand and madras, bombay, karnataka and gujarat high courts on the other hand. while undertaking that exercise the court posed the most relevant question and the question was as to whether the ..... a direct conflict between the decision of the high courts of punjab and kerala on one hand and decisions of the high courts of madras, gujarat and karnataka on the other hand. the view of the punjab and kerala high courts was that the only consequence of non-compliance either by the principal employer of ..... it is necessary to consider the scope of the apprentices act, 1961 by reference to its various provisions. the preamble of the act provides that the act has been enacted to providing for regulation an control of training of apprentice and for the matters connected there with. the act was enacted for regulating the training for apprentice in industry. .....
Tag this Judgment!Court : Gujarat
Reported in : (1992)1GLR728
..... is necessary to consider the scope of the apprentices act, 1961 by reference to its various provisions. the preamble of the act provides that the act has been enacted to providing for regulation and control of training of apprentice and for the matters connected therewith. the act was enacted for regulating the training for apprentice in ..... the supreme court undertook he exercise of examining the conflict between the decisions of punjab and kerala high courts on one hand and madras, bombay, karnataka and gujarat high courts on the other hand. while undertaking that exercise the court posed the most relevant question and (he question was as to ..... supreme court mr. mohit shah and mr. shelat appearing for the respondents contended that by adopting the process of reasoning by analogy under the apprentices act any trade, industry or establishment can employ apprentices under the apprenticeship contract. they submitted that the respondent-corporation has under the instructions of central government .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1993Guj20
..... and distribution thereof and trade and commerce therein. in exercise of such analogous powers contained in essential supplies (temporary powers) act, 1946, the cotton textile (control) act, 1948 was issued. it would thus, be clear that the act confers powers on the central government to regulate the production, supply and distribution of essential commodities. it is well settled by ..... air 1970 sc 1453. in the said case, hon'ble the supreme court of india had occasion to examine constitutional validity of different provisions of gold (control) act, 1968 and it has been held that section 5(2)(b) suffers from excessive delegation of legislative powers.section 5 of the said ..... harinder kaur paintal, air 1990 sc 1402 : (1990 lab 1c 1229) and in the case of the scheduled caste and weaker section welfare association (regd.) v. state of karnataka, air 1991 sc 1117 : 1991 air scw 1010.as against this, mr. naik, learned counsel appearing on behalf of the respondents, submitted that it is true that an .....
Tag this Judgment!Court : Gujarat
Reported in : (1993)1GLR853
..... witness and inspires sufficient confidence as a witness present at the relevant point of time of the raid, etc. when such a decoy-witness under the circumstances beyond his control, viz., time factor, merely because he committed some genuine bona fide mistake in giving out the story in the exact manner, it cannot be said as suggested by ..... mr. g. k. desai (pw-3, exh. 20) is to the effect that on 23-5-1988, he received the information that some of the local police constables, traffic police, forest officers and officers of. r.t.o. department were illegally collecting money in the name of ''entry fees' from the truck drivers plying their vehicles on the ..... servant taking gratification other than the legitimate remuneration in respect of the office was very much on the statute.13. despite this fact and further still though the corruption act is in operation since last about 45 years, sometimes, it is alleged that the same has not been able to achieve the desired result by making effective dent .....
Tag this Judgment!Court : Gujarat
Reported in : (1993)2GLR1202
..... delivered by vankataram lyyer, j. in bengal immunity co. ltd. (supra), the observations which has been approvingly referred to by the supreme court in the state of karnataka v. ranganatha reddy (supra) are as under:200. coming now to the second contenton. the argument of the appellant is that in enacting that 'no law ..... c) of article 39 of me constitution of india and in particular, but without prejudice to the generality of the declaration, for providing that the ownership and control of the agricultural resources of the community are so distributed as best to subserve the common good, and also that the operation of the agricultural economic system does ..... or acquiring property in other state directly resulted in losing a part of the property in the state of maharashtra and therefore, the impugned provisions of maharashtra act operated upon the property outside the state, which amounted to extra-territorial operation of the provisions. the full bench, for the purpose of deciding the question .....
Tag this Judgment!Court : Gujarat
Reported in : (1994)1GLR589
..... court in reversing the finding of fact, recorded by the district court on the question of bona fide requirement of the landlord under m.p. accommodation control act, 1961. needless it is to emphasis that the former decision of the earlier bench and the later decision of another bench had proceeded to examine the ..... such person is engaged in or is making preparation for engaging in any activities, whether as a bootlegger or dangerous person or drug offender or immoral traffic offender or property grabber, which affect adversely or are likely to affect adversely the maintenance of public order.explanation : for the purpose of this sub- ..... provisions contained under tamil nadu prevention of dangerous activities of bootleggers, drug offenders, goondas, immoral traffic offenders and slum grabbers act, 1982, says that, reading the definition of goonda alongwith the relevant part of the definition of 'acting in any manner prejudicial to the maintenance of public order' it is not necessary for the .....
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