Court : Gujarat
Reported in : (2007)1GLR713
..... the amount of rent or compensation for a period exceeding three years from the commencement of such occupation. in a reference under section 35(3) of the act, the court can only determine compensation/amount in connection with the period of three years from the date of taking possession. considering the aforesaid provisions, it ..... between the landowners and the acquiring body. such retention of possession or fixation of amount of rent will be governed under ordinary law, and not under the act. if the acquiring body has retained the possession by separate agreement between the acquiring body and the landowners, the same would be subject to an agreement between ..... and the persons interested differ as to the sufficiency of the compensation or apportionment thereof, the collector shall refer such difference to the decision of the court.[vide gujarat act 20 of 1965 'waste' or 'arable' words have been deleted ]36. power to enter and take possession, and compensation on restoration.- (1) on payment .....
Tag this Judgment!Court : Gujarat
Reported in : (1974)ILLJ1Guj
..... to their household duties and to fulfill social and moral obligations towards their families. 2. reliance was also placed on the provisions of the shops and establishments act and other acts and the award of the industrial court, maharashtra in the year 1963 in reference (ic) no. 130 of 1961 (reported in 1964 icr p. 124) ..... social composition of labour is undergoing a change. labour is not restricted to certain castes and communities. apart from the fact that caste and occupation have always inter-acted and the relation between the two has been 'elastic' in our society, social mobility today accounts for the emergence of a mixed industrial work force. while in ..... number of establishments in the state of maharashtra and a few establishments all over the country are already giving leave more than that provided for in the factories act. (5) rationalisation and technological progress effected in ahmedabad increases the need for leave and also the capacity to give it. (6) as observed by the .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1994Guj167; (1994)2GLR1498
..... reference to the notional or hypothetical standard rent as would be fixed in an enquiry under section 11 of the bombay rent act. after referring to the decisions of the supreme court in guntur municipal council's case (supra) and life insurance corporation's case (supra), the bombay high court distinguished those cases, as well as ..... year to year'. after examining the earlier decisions in the case of corporation of calcutta v. padma debi, (1962) 3 scr 49 : (air 1962 sc 151) and guntur municipal council v. guntur town rate payers' association, (1971) 2 scr 423 : (air 1971 sc 353), and corporation of calcutta v. life insurance corporation, (1970) 2 scc 44 : ..... . relying upon the decisions reported in the cases of ghaisgaon borough municipality v. multanchand fulchand sancheti, air 1956 bom 675, r.r. dalavai v. government of tamil nadu, 1978 mad lj 93, shri mohan singh v. municipal corporation of delhi, 1980 mcc 196 (delhi), corporation of trivandrum v. bhaskaran nair, 1988 (1) mcc 338 (ker), .....
Tag this Judgment!Court : Gujarat
Reported in : II(1991)ACC8; 1991ACJ743; AIR1991Guj126; (1991)1GLR534
..... certain state of facts to withhold from the court the written evidence in their possession which would throw light upon the proposition.'these oral observations of the privy council were cited with approval by the supreme court in hiralal v. badkulal, 1953 sc 225 where the defendants had relied on the abstract doctrine of burden of ..... mansing chhobla and other applicants, after completion of their labour work during the night shift on 12-5-78, were, travelling in the early morning on 13-5-1978. in the truck belonging to the appellant no. 2, modern construction company, for going to their residential colony. while climbing a slope the appellant no. 1 dattu ..... was also contended that if the tribunal held the insurance company liable, the liability would be restricted to the amount provided under schedule iv of the workmen compensation act, 1923.10. all the opponents, namely the present appellant and the insurance company, denied that the driver was rash and negligent in driving the vehicle.11. .....
Tag this Judgment!Court : Gujarat
Reported in : 2009CriLJ4319; (2009)3GLR1854
..... rely on the evidence of discovery. this submission is erroneous, because, as held by the supreme court in modan singh v. state of rajasthan reported in air 1978 sc 1511, if the evidence of the investigating officer who recovered the material objects is convincing, the evidence as to recovery need not be rejected on the ground ..... that the confessional statement leading to the discovery of incriminating articles were not admissible in evidence under the provisions of section 27 of the indian evidence act, 1872 (for short, 'the act'), insofar as the panch witnesses had not testified to the information being given by the appellant and that having led to the discovery. it ..... depends on circumstantial evidence. but in circumstantial evidence also, when the facts are clear, it is immaterial that no motive has been proved. men do not act wholly without motive. failure to discover the motive of the offence does not signify the non-existence of the crime. the failure to discover motive by appropriate .....
Tag this Judgment!Court : Gujarat
Reported in : (2006)2GLR1213
..... order of termination passed by the employer will be an industrial dispute within the meaning of section 2(k) and under section 17 of the industrial disputes act, every award of labour court, industrial tribunal or national tribunal is required to be published by the appropriate government within a period of thirty days from ..... the case of chandrakant tukaram nikam and ors. v. municipal corporation of ahmedabad and anr. : (2002)illj842sc , the apex court has observed thus:-the industrial disputes act is enacted by the parliament to provide speedy, inexpensive and effective forum for resolution of disputes arising between workmen and the employers, the underlying idea being to ensure ..... civil court has jurisdiction to decide the suit filed by the respondent or jurisdiction of the civil court is barred by the provisions of the industrial disputes act, 1947, can also be decided after hearing of the suit. this court can not decide without having sufficient material on record on this point. but .....
Tag this Judgment!Court : Gujarat
Reported in : (2008)2GLR1382
..... the year 1980. i.e. long after the appointed day. on the appointed day, ie., the date of the act, the said purchasers -harshvadan shah & mohanlal tripathi held the subject lands as individuals. considering their joint ownership, the competent authority held that each of them ..... authority, the declarants maintained that they had purchased the subject lands as promoters of the society. the subject lands were, therefore, exempt from application of the act of 1976. the competent authority, by its order dated 31st may, 1989 rejected the contention. according to the competent authority, the society was registered in ..... shah & mohanlal umiyashanker tripathi passed away on 11th may, 1981 and 14th july, 1978 respectively. nevertheless, the correspondence was addressed to the said harshvadan shah and mohanlal tripathi. notice to hand over possession under section 10[5] of the act of 1976 was also given to the said harshvadan shah & mohanlal tripathi, the dead .....
Tag this Judgment!Court : Gujarat
Reported in : [2007(115)FLR1069]
..... petitions, petitioner, morbi nagarpalika has challenged the order passed by labour court, rajkot in recovery applications filed under section 33-c(2) of the industrial disputes act, 1947 ('id act, 1947' for short) dated 23.2.2007 wherein the labour court has determined amount of rs. 6000.00 (rupees six thousand only) payable to each ..... srinivas rao 1998 (78) flr 143 (sc), the hon'ble supreme court noted that the long standing judgment in the case of bangalore wafer supply and sewerage board : 1978 (36) flr 266 (sc), had not considered by that bench. the hon'ble supreme court, therefore, held in srinivas rao's case that the judgment in the ..... are, therefore, clearly of the view that the recovery applications filed by the appellant-workmen were certainly maintainable under section 33-c(2) of the industrial disputes act, 1947 and that the applications were certainly not premature. whether the workmen had filed second set of recovery applications even after receiving payments?9. in the central .....
Tag this Judgment!Court : Gujarat
Reported in : AIR2007Guj77
..... by the other party. the property, which fell in the share of laxman ranchhod, came to be sold in favour of kurgi jina somewhere in the year 1978, who, in his turn, sold the property in favour of the present plaintiff - vrajlal somewhere in the year 1976. as the present defendant, tulsidas, started ..... the easement is actually disturbed - when compensation for such disturbance might be recovered under this chapter;(b) if the disturbance is only threatened or intended - when the act threatened or intended must necessarily, if performed, disturb the easement. clause-(a) to section 35 provides that if the easement is actually disturbed - when compensation for such ..... might be recovered under this chapter, an injunction may be granted, while clause-(b) provides that if the disturbance is only threatened or intended - when the act threatened or intended must necessarily, if performed, disturb the easement, an injunction as prayed for can be granted.15. in the present matter, the complaint of .....
Tag this Judgment!Court : Gujarat
Reported in : 2002(82)ECC497; 2003(154)ELT37(Guj); (2002)2GLR1337
..... ors. v. tata iron steel co. ltd., jamshedpur, 1977 elt (j-61). [5] hemraj gordhandas v. h.h. dave, assistant collector of c.e. & customs, surat and ors., 1978 elt (j-350). [6] bombay oil industries ltd. v. collector of central excise, cochin, 1997 (91) elt 538 (sc) [7] dunlop india ltd. & madras rubber factory ltd. ..... human consumption. therefore, once the competent authority who is technically qualified to tender opinion in relation to the technical standards prescribed under the provisions of food adulteration act and rules thereunder has tendered his opinion it would not be open to any one to take a contrary stand, unless and until such technical opinion is ..... public relations on a date on or before the date on which the said notification comes into force.' 10. sub-section (1) of section 25 of the act specifically provides that central government may by public notification in the official gazette, if it is necessary in the public interest, exempt generally either absolutely or subject .....
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