Court : Gujarat
Reported in : (2001)1GLR547
..... also relevant in this regard, which reads as under : '41. the state shall, within the limits of its economic capacity and development, make effective provisions for securing the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement, and in other cases of undeserved want.' 48 ..... and it would depend upon facts of each case. 37. public properties are usually not protected by means of wire fencing or compound wall or by guard/watchman, and the concerned authorities are not taking enough care to ensure that the properties, particularly open land, are not encroached. therefore, not only that ..... urban development act and the bombay land revenue code and such other laws, conferring powers on the public authorities to remove encroachments for their various developmental activities and to protect the public properties, must be interpreted in the light of international obligations of india as a result of adoption of united nations declarations .....
Tag this Judgment!Court : Gujarat
Reported in : (2000)3GLR2505
..... there is, therefore, all the more reason that the court should not unwillingly become a part of a design of taking unfair advantage by securing ad-interim orders notwithstanding that there may have been clear violation or non-compliance with the substantive provisions of the law by the plaintiff. passing ..... act which was served to the plaintiff on 8.11.93, calling upon the plaintiff to stop the unauthorised construction. police inspector of navrangpura police station was also requested in this behalf. despite the prohibitory order served on the plaintiff, the plaintiff continued illegal activities of unauthorised construction. it is in view of this that the corporation was constrained to post security guards ..... averred that the plaintiff was willing to give further explanation and he was willing to give security deposit in the sum of rs. 2.00 lacs or was willing to offer bank guarantee of a nationalized bank; however, the corporation has not accepted the same and has taken the decision .....
Tag this Judgment!Court : Gujarat
Reported in : 2001CriLJ2209; (2001)1GLR306
..... ground no. 1, the detenus were not afforded a fair and reasonable opportunity of making an effective representation before state government under section 10 of the national security act inasmuch as they had not been supplied with relevant documents in support of grounds except the f.i.r. and copies of extract of charge-sheet submitted ..... were mentioned in the f.i.r. charge-sheet was filed and it was under consideration. the district magistrate, lucknow passed an order of detention under national security act, 1980. in the order of detention, district magistrate had stated that after considering the fact that since two detenus/petitioners had filed applications for bail which ..... constitution and the limitations placed upon it by clause (6) of that art.; held that since sub-sec.(1) and (2) of section 8 of the national security act substantially reproduce the provisions of clause (5) and (6) of article 22 of the constitution, what has been laid down in the context of the said constitutional .....
Tag this Judgment!Court : Gujarat
Reported in : (2000)4GLR700
..... following directions to the provisional liquidator for compliance forthwith:(a) the official liquidator shall associate three members from the secured creditors (banks to whom the properties of the company has been charged, hypothecated) one representative from the respondent ..... greeted by advertisements inviting deposits and offering interest at astronomic rates. on january 1, 1987 one of the national newspapers published from hyderabad where one of us happened to be spending the vacation, carried as may as ten ..... petitioner (reserve bank of india) can file presentwinding up petition under the provisions of the reservebank of india act. act. he contended that reserve bankof india knows intimately the affairs of bankingcompanies and has had access to their ..... up. too technical a construction of sections that leaves no room for reasonable elasticity of interpretation should therefore be guarded against (provided always that justice is done to `both' sides) lest the very means designed for the .....
Tag this Judgment!Court : Gujarat
Reported in : (2001)4GLR3587
..... both the learned advocates and also considering the facts which are on record, the termination of each of the petitioners herein on the ground that they have secured the appointment by committing fraud and mal practices nepotism and irregularity without holding regular inquiry as provided under the gujarat panchayats (discipline and appeal) rules,1964 are ..... him, it cannot be said that effective opportunity to defend was provided to the delinquent employee.27. in case of dipti prakash banerjee versus satyendra nath bose national centre for basic sciences calcutta and others reported in (1999) 3 scc 60, it has been observed by the apex court that the termination order is bad ..... the executive authority invested with judicial power. the habit of mind an executive officer so formed cannot be expected to change from function to function or from act to act so it is essence that some restrictions shall be imposed on tribunal in a matter of passing orders affecting the rights of the parties.23. the .....
Tag this Judgment!Court : Gujarat
Reported in : (2001)4GLR2777
..... and until plans are approved and construction is as per plans. (during this session of hearing in some cases, we have noticed that the corporation posted security guards to see that no activities of construction are carried on or buildings are not occupied). as and when officers of the corporation thought it proper, they have ..... on account of their inefficiency would cause considerable damage to the society, national interests, and image of the nation. therefore, if the person who is in charge is not acting in accordance with law and by neglecting his lawful duties, allows others to act in contravention of the provisions of law, he is like a deadwood. ..... of ordinance no. 6 of 2000, it would be most appropriate to direct the ahmedabad municipal corporation to provide fire safety measures as required under the national building code as adopted by ahmedabad municipal corporation within a period of two months and the corporation shall thereafter recover the cost of the same from the .....
Tag this Judgment!Court : Gujarat
Reported in : II(2001)ACC85; 2002ACJ1017; (2001)4GLR2950
..... the tort-feasor from the claim being put up against him just because the employer is liable under the social security legislation. in fact, if a person has recovered compensation under the workmen's compensation act in respect of any injury caused under circumstances creating a legal liability of some person other than the person by ..... therefore, insurer of the goods vehicle was not liable to pay compensation for their death. the decision in mallawa's case (supra) was applied by this court in national insurance co. v. vijayagauri kalidas, reported in 1999 (2) glr 1047, which was also cited by the learned counsel. [b] the decision in united india ..... cannot be said that the claimants had exhausted their option to claim compensation under the statute and were, therefore, debarred from claiming compensation under the motor vehicles act. in the present case, there is absolutely nothing on record to enable us to attribute the word `compensation' the meaning that it was a compensation given .....
Tag this Judgment!Court : Gujarat
Reported in : (2001)2GLR1587
..... the ground that failure to supply documents infringed the fundamental right to make effective representation. this decision was rendered under the national security act and while interpreting the provisions of section 3 of the said act and the provisionsof art. 22(5) of the constitution. it is further observed that bail granted to the detenu with ..... the detention order is passed to prevent person on suspicion so as to prevent him from indulging in illegal, antisocial, anti-national and such other activities which would affect the public ordersituation and national security. if the contention of the petitioner that the cancellation of the bail is required to be resorted to by the detaining ..... live in a rights - violating one is being respected. law grants liberty only to those, who follow and love it and who are always ready to guard and defend it. history shows the greatest dangers to liberty lurk in insidious encroachment by power, by men of zeal, may be well meaning, but without proper .....
Tag this Judgment!Court : Gujarat
Reported in : (2002)1GLR567
..... not committed any error in not rendering any decision on preliminary issue, after having recorded a fact of existence of the preliminary issue, in the matter between national council of cement and building materials v. state of haryana and ors., reported in 1996 (2) llj 125. the apex court was pleased to hold that ..... learned advocate appearing for the respondent no. 1 - gujarat kamdar panchayat, submitted that to appreciate the real nature of the dispute, taking into consideration the scheme of the act, is necessary. he submitted that to start with, the definition of the industrial disputes is in clause (k) of section 2 which reads as under :''industrial dispute ..... , not maintainable. besides, it is also an admitted fact that all the said employees have also availed of the statutory remedy available under the industrial disputes act, 1947 and have filed recovery application before the labour court at vadodara.'not only that, the court also considered that, even remanding of the matter to the .....
Tag this Judgment!Court : Gujarat
Reported in : [2002]110CompCas539(Guj); (2002)2GLR1182
..... opinion was correct or not, otherwise it may seriously prejudice the interest of either of the parties. i would like to quote certain observations from the cases of travancore national and quilon bank (supra) and m/s. indequip ltd. (supra). in the first decision, the jurisdiction of british court was considered when the application for sanction ..... including three decisions in the cases of miheer mafarlal and shaw wallace and co. ltd. (supra). i have also considered the decision in the case of the travancore national and quilon bank, reported in 1939 (vol. ix) comp. cases 14 and the decision of indequip ltd. reported in 1970 (ii) comp. lj 300 along with ..... may not sanction the scheme. 'class point' mainly touches procedural affairs. this similarity and conflict of interest within the group of secured creditors is high-lighted, by referring certain provisions of indian trusts act and the status of i.c.i.c.i. as trustee vis-a-vis, fiduciary relationship between the members of the syndicate and .....
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