Court : Gujarat
..... question which falls for consideration before this court is, as to whether the appropriate government, in exercise of its power under section 10(1) of the act, could have refused to refer the dispute to the labour court, since according to that authority, the workman was not entitled to relief, ..... 2003 that, since the workman was dismissed in the year 2003, and further that, had he been continued in service, then also he would have retired on attaining the age of superannuation in the year of 2007, and thus, there is no employer employee relationship, and therefore the request of making reference is rejected. 5. ..... petition is made to the order passed by the deputy commissioner of labour, ahmedabad as the appropriate government under the industrial disputes act, 1947, holding that reference need not be made to the labour court, for the demand raised before it. ..... is very serious, since it is by an authority, none else then the appropriate government under the industrial disputes act, which is the custodian of proper implementation of the said statute. ..... and having gone through the material on record, this court finds that the deputy commissioner of labour, ahmedabad, who is appropriate government, for the purpose of the provisions of the industrial disputes act, 1947, has erred on both the counts. ..... llr 335 to contend that, in the present cases, the respondents were not the workmen within the definition of section 2(s) of the act and therefore, no interference be made by this court. "11.1. .....
Tag this Judgment!Court : Gujarat
..... falls within the scope of sec.5 but the petition is not in the proper form, a duty is cast upon the mamlatdar to explain to the person presenting the petition the nature of the reliefs afforded by the said act and to inquire whether the petitioner desires to obtain some such reliefs and if the petitioner expresses a desire to that effect, the mamlatdar has to endorse the desire on the petition which shall thereupon be deemed to be ..... under section 115 of the code of civil procedure, 1908 ("the code" for short), the petitioner has challenged the order dated 12.5.2009 passed by the mamlatdar, mandvi under the mamlatdar courts act ("the act" for short) as well as the confirming order dated 21.7.2010 passed by the deputy collector, bhuj in revision application no.2 of 2009, preferred by the petitioner. 2. ..... heard the learned advocates for the parties, it appears that earlier, the respondent and 8 other farmers had addressed an application dated 6.7.2007 at annexure a bringing to the notice of the mamlatdar the closure of the way by the petitioner and requested to make the way ..... gohil appearing for the respondent submitted that the record clearly reveals that on 27.9.2007, the mamlatdar had ordered for opening the use of the way closed by the petitioner on the basis of the application made by the respondent with other ..... the mamlatdar then vide communication dated 27.9.2007 asked the petitioner to remove the obstruction from the way failing which the necessary action was stated to be .....
Tag this Judgment!Court : Gujarat
..... 7.2 it is true that irretrievable breakdown of marriage is not provided as one of the ground in law by the legislature for grant of divorce, and section 13 of the act does not mention the irretrievable breakdown of marriage to be the ground, the factum obtained in a give case that the marriage life of husband and wife has reached a state of ..... in other words, even though it may not be a ground, but when the divorce is sought on the ground provided in the statute, hindu marriage act, like desertion and cruelty and on appreciation of evidence and also considering the cumulative effect thereof, if ultimate conclusion or the picture that emerges is that the parties have reached ..... it is required to be mentioned that the judgment of the hon'ble the apex court reported in 2007 (2) glr 1520 (sc), is a subsequent judgment given by three judge bench again referring to all these aspects where they have particularly laid down guidelines as discussed hereinabove and it has also ..... of marriage being not a ground in law under section 13 of the hindu marriage act for granting the divorce, the impugned judgment and decree could not be allowed to be ..... by the court, that the present appeal was admitted: whether the lower appellate court was justified in holding that decree of divorce under section 13 of the hindu marriage act, 1955 could be granted on the ground of irretrievable break down of marriage?? 3. ..... in samar ghosh vs jaya ghosh [(2007) 4 scc 511], the supreme court explained stated that the .....
Tag this Judgment!Court : Gujarat
..... 16.3 in my view, the aforesaid observation of the supreme court is also in conformity with the provisions of section 306 of the indian succession act, according to which, in a proceeding for compensation for personal injuries leading to death, the right to sue survives upon the legal heirs and executor of ..... " 28.1 thus, according to sarla verma (supra), the multiplier specified is 11, and even having regard to the provisions of the hindu succession act, i am of the view that in this case, the appropriate multiplier should be 11 after deducting half of the income for personal expenditure of the victim ..... trilok chandra [supra], the supreme court while making remarks upon the defects in the schedule ii of the act made the observations about the importance of consideration of the age of the parents as quoted earlier but at the same time, hastened to add the following observations: "what we propose to emphasise is that the multiplier cannot ..... moreover, as pointed out earlier, if the object of the trial of the claim-application under section 166 of the act is to find out the loss suffered by the estate of the deceased due to negligence of the driver of the offending vehicle, the age of the heir and legal representative deceased cannot, at any rate, be a relevant ..... company and another reported in (2007) 10 scc 643. ..... lalnipuii reported in 2007 acj 561 where the supreme court, for the death of a bachelor victim aged 31 years, relied upon the age of the mother for the purpose of determining .....
Tag this Judgment!Court : Gujarat
..... 12.3 in my view, the aforesaid observation of the supreme court is also in conformity with the provisions of section 306 of the indian succession act, according to which, in a proceeding for compensation for personal injuries leading to death, the right to sue survive upon the legal heirs or the executor of the ..... trilok chandra [supra], the supreme court while making remarks upon the defects in the schedule ii of the act made the observations about the importance of consideration of the age of the parents as quoted earlier but at the same time, hastened to add the following observations: "what we propose to emphasise is that the multiplier cannot ..... 13.1 this court also cannot lose sight of the fact that according to the provisions of the act, an application for compensation can be made only by the heirs and legal representatives of the victim and it is not necessary that in addition to his status as the heir and legal representative, he should be also financially dependent ..... moreover, if the object of the trial of the claim-application under section 166 of the act is to find out the loss suffered by the estate of the deceased due to negligence of the driver of the offending vehicle, the age of the heir and legal representative cannot, at any rate, be a factor for ..... in (2009) 6 scc 121, the law is now settled that in a proceeding under 166 of the motor vehicles act, the principles laid down in the said decision should be followed. ..... company and another reported in (2007) 10 scc 643. .....
Tag this Judgment!Court : Gujarat
..... anything contained in any other law for the time being in force, the micro and small enterprises facilitation council or the centre providing alternate dispute resolution services shall have jurisdiction to act as an arbitrator or conciliator under this section in a dispute between the supplier located within its jurisdiction and a buyer located anywhere in india. ..... the council shall either itself take up the dispute for arbitration or refer to it any institution or centre providing alternate dispute resolution services for such arbitration and the provisions of the arbitration and conciliation act,1996 (26 of 1996) shall then apply to the dispute as if the arbitration was in pursuance of an arbitration agreement referred to in sub-section (1) of section 7 of that ..... the recourse against the arbitral award made by the council is by following the provisions of the arbitration act, by way of section 34 thereof, read with section 19 of the msmed act, which envisages the deposit of seventy-five percent of the amount of award before any application for setting it aside can be entertained by ..... it has been submitted by the learned advocate for the petitioner that the application under section 8 of the arbitration act to refer the matter for arbitration, made by the petitioner, has not been decided by the council, making the award ..... , air 2007 supreme court 683, by submitting that the arbitration act of 1996 is a complete code in itself, and the provisions of the said act would apply to the .....
Tag this Judgment!Court : Gujarat
..... respondent no.3 herein above, qua the rights which have been crystallized on account of the findings of the civil court cannot be interfered with by the authorities under section 41a of the trusts act have been accepted by the concerned authority but an unfortunate decision is given which has vitiated the entire order and therefore the court may quash and set aside the same. 6. ..... this suit was instituted without any permission of the competent authority under section 51 of the bombay public trusts act, 1950 (herein after referred to as the 'trusts act for brevity) and the suit was resisted by the present petitioners on the ground of civil court having no jurisdiction to entertain the suit and ..... learned counsel appearing for the private respondents invited this court s attention to the provision of section 10 of the limitation act and submitted that the submission canvassed on behalf of the petitioners qua acquiescence, laches and delay ascertaining and enforcing the right flowing from the scheme not to capable of being accepted ..... lg household and healthcare ltd, reported in 2007 air scw 1721 and contended that the doctrine of comity or amity as discussed by the supreme court would have applicability to the facts and circumstances of ..... which came to be instituted on 22/7/1997, inter alia seeking permanent injunction against the defendants wherein some of the trustees were party so as to restrain them from interfering with their acting as pujari and taking the proceeds of offerings etc. .....
Tag this Judgment!Court : Gujarat
..... 24 pertains to maintenance pendente lite and expenses of the proceedings which can be awarded by the court during the pendency of any proceeding under the said act, if it appears to the court that either the wife or the husband has no independent income sufficient for her or his support and the necessary expenses ..... that the trial court had disposed the petition for divorce and while doing so it had passed order under section 25 of the act and such order of the permanent alimony having become final, the application for interim alimony pending appeal was not maintainable. ..... air 1959 ap 49), division bench of andhra pradesh high court while interpreting the term any proceedings under this act held that the same would also give power to the appellate court to grant interim relief under section 24 ..... words, merely because the family court has passed an order of permanent alimony under section 25 of the act, would not make the wife's application under section 24 for interim maintenance pending the present appeal not maintainable ..... the said section reads : "all decrees and orders made by the court in any proceeding under this act shall be enforced in like manner as the decrees and orders of the court made in the exercise of the original civil jurisdiction are enforced, and may be appealed from under any law for ..... filed family suit no.50 of 2007 before the family court, ahmedabad, seeking decree of divorce under section 13 (1) of the hindu marriage act, 1955 (the act for short) on various grounds .....
Tag this Judgment!Court : Gujarat
..... of the kerala high court in the case of leela v/s state of kerala [supra], it appears from paragraph 19 of the judgment that the division bench was of the view that the provisions of section 66(1) (b) of the act merely recognizes a social reality and that it was calculated to ensure that women shall be able to take care of their families and that their children do not suffer ..... . the court while upholding the right of the female workers to get maternity leave relied upon the doctrine of social justice as embodied in universal declaration of human rights act, 1948 and article 11 of the convention on the elimination of all forms of discrimination against women held that the provisions of the same must be read into the service ..... 3 scc 224], the short question which was to be decided by this court was whether having regard to the provisions contained in maternity benefit act, 1961, women engaged on casual basis or on muster roll basis on daily wages and not only those in regular employment were eligible ..... taking any decision on various applications/representations made by the petitioners to permit women employees in the night shift, ultimately, the petitioners made a detailed representation / application to the respondent no.2 under section 66(1) (b) of the act, specifically requesting the government to issue a notification declaring relaxation in the working hours of women employees permitting them to work in the night shift. ..... the union of indiareported in 2007 (3) kar lj 286 [karnataka .....
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